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ACTS AND RESOLVES

MASSACHUSETTS.

1786-87.

[Published by the Secretary of the Commonwealth, under
authority of chapter 104, resolves of 1889.]

ACTS

AND

LAWS

OF THE

COMMONWEALTH

MASSACHUSETTS.

BOSTON :

Printed by Adams & Nourse,

Printers to the HONORABLE GENERAL COURT.

M,DCC,LXXXVI.

Reprinted by Wright & Potter Printing Company, State Printers.

1893.

ACTS AND LAWS,

PASSED BY THE GENERAL COURT OE MASSACHUSETTS:
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF
SUFFOLK, ON WEDNESDAY THE THIRTY-FIRST DAY OF
MAY, ANNO DOMINI, 1780.

178G. — Chapter 1.

[May Session, ch. 1.]

AN ACT FOR NATURALIZING ROBERT MORRIS AND JAMES (JJiaj). 1.
ALEXANDER. 1 '

Whereas Robert Morris and James Alexander, residents Preamble.
in Shrewsbury, in the county of Worcester, have peti-
tioned the General Court, that they may be naturalized,
and be thereby entitled to all the rights, liberties and priv-
ileges of free citizens of this Commonweal tit :

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by lite authority
of the same, That the said Robert Morris and James Robert Morris
Alexander, upon their taking the Oaths of allegiance ande "natural- '
and abjuration, required by the Constitution of this Com- lzed'
monwealth, before two Justices of the Peace, shall be
deemed, adjudged and taken to be free citizens of this
Commonwealth, to all intents, constructions and purposes,
as if they the said Robert Morris and James Alexander,
had been inhabitants of the territory now the Common-
wealth aforesaid, at the time of making the present form
of civil government.

And it is further enacted, That the Justices before certificate to
whom the same Oaths shall be taken, shall return a cer-
tificate thereof, into the Secretary's office ; and the Secre-
tary is hereby directed, to record the same in a book to
be kept for that purpose. June 5, 1786.

1786. — Chapter 2.

Chap. 2.

Preamble.

Stand of car-
riages limited.

Penalty.

Proviso.

1786. — Chapter 2.

[May Session, ch. 2.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO PRE-
VENT INCUMBRANCES ABOUT THE DOORS OF THE COURT
HOUSE IN BOSTON."

Whereas in and by the said Act, to which this is in
addition, provision is made for preventing incumbrances,
that might hinder or impede the Members of the General
Court, in their passage to, and from the said House, but
no provision is made for preventing the disturbances,
to which the said Members are exposed, by means of
the noises produced by the increased number of hackney
coaches, and other carriages, that are now almost constantly
passing and repassing by the said Court House, and by
which the Members of the said General Court, are often
prevented from hearing each other in their public debates:

For the preventing such disturbances for the future,

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled , and by the authority
of the same, That no hackney coach, chaise, trucks, or
any other carriage, shall stand, or pass, during the hours
of the sitting of the General Court, within three hundred
feet of the east end of the State House, easterly, or make
a stand within one hundred feet of the west end of the
State House, nor upon either side of the said House.
And if any person shall violate this Act, he shall forfeit
and pay for the first offence, a fine olfive shillings, and
for the second, and every after offence, a fine of ten shil-
lings; to be sued for, and recovered by the Messenger
of the General Court, for the time being, before any
Justice of the Peace for the county of Suffolk.

Provided always, That this Act shall not be construed,
so as to hinder any coach, chaise or other carriage, from
standing or passing within the limits aforesaid, which shall
be used by the Governour, Lieutenant Governour, the
Council, or any Member of the General Court, for the
time being, for the purpose of riding to, and from the
General Court, or prevent any carriage, passing and
repassing for the necessary business of the inhabitants,
living; within the limits before-mentioned.

June 25, 1786.

1786. — Chapter 3.
1786. — Chapter 3.

[May Session, ch. 3.]
AN ACT FOR THE ORDERLY SOLEMNIZATION OF MARRIAGES.

Chap. 3.

certain cases.

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority
of the same, That every Justice of the Peace, within the Justices of the
County where he resides, and every stated and ordained ^ters licenced"
Minister of the Gospel, in the Town, District, Parish or toma,'ry-
Plantation where he resides, shall be, and hereby is,
authorized and empowered to solemnize Marriages be-
tween persons, that may lawfully enter into that relation,
when one or both of the persons to be married, belong
to, or are residents in the County where such Justice
resides, or one, or both of them are inhabitants of, or
residents in the Town, District, Parish, or Plantation
where such minister resides.

And be it further enacted by the authority aforesaid,
That when any settled and ordained Minister of the Gos- Ministers and
pel is himself to be married, it shall be lawful for any be married^0
other such Minister within the same County, to marry the
said Minister. And also, when any religious Society
shall be destitute of a settled and ordained Minister of
the Gospel, in case there shall not be such a Minister,
within the Town, District or Plantation, in which such
religious Society is, it shall be lawful for any such Min-
ister, within the same County, to join any person of such
Town, District, or Plantation, in marriage, provided such
marriage be solemnized in the Town, District or Planta-
tion where one of the Parties to be married shall reside.

And be it further enacted by the authority aforesaid,
That all persons desiring to be joined in marriage shall Inte«.tions of

.*■... . & J *? marriage, now

have such their intentions published at three public reli°- to be published,

. ,.^ L , , ,l t , and town clerk's

ions meetings, on different days, at three days distance duty,
exclusively, at least from each other, in the Town or
District, wherein they respectively dwell, or shall have
their intentions of marriage posted up by the Clerk of
such Town or District, by the space of fourteen days, in
some public place, within the same Town or District,
fairly written, and shall also produce to the Justice or
Minister, who shall be desired to marry them, a certificate
of such publishment, under the hand of the Clerk of such
Town or District respectively ; and also, that the inten-

8 1786. — Chapter 3.

tion of marriage hath been entered with him fourteen
days, prior to the date of such certificate ; and where a
male, under twenty one years, or a female under eighteen
years of age, is to be married, the consent of the parent,
Guardian or other person, whose immediate care and gov-
ernment such party is under, if within the Commonwealth,
shall be first had to such marriage. And in case the
Parties or either of them live in a Town, District, or
place where there shall be no Clerk, then publishment
shall be made in the Town or District next adjoining,
in manner aforesaid, and a Certificate from the Clerk of
the same Town or District, of such publishment, and
of the entry of their intentions of marriage as aforesaid,
shall be produced as aforesaid, previous to their marriage.
i°h abitants of Provided, That in regard to any plantation in the Counties
Cumberland of Cumberland and Lincoln, where the Parties, not under
respecting "their the respective ages aforesaid, shall have been inhabitants
for the space of twelve months, and shall live twenty
miles distant from such next adjoining Town or District,
any Justice or ordained Minister belonging to this Com-
monwealth, may join them in marriage without such Cer-
tificate.

And be it further enacted by the authority aforesaid,
Banns forbid. That if at any time the banns of Matrimony betwixt

den, process in ini *• i • 1 i -11 1 /•

that case. any persons shall be forbidden, and the reasons thereof

assigned in writing, by the person so forbidding the
same, left with the Town or District Clerk, he shall
forbear issuing a Certificate as aforesaid, until the matter
shall have been duly inquired into, and determined before

Proviso. ^wo Justices of the same County, quorum unus; provided

the person forbidding the banns, shall, within seven days
after filing the reasons as aforesaid, apply unto two
Justices as aforesaid, and procure their determination
thereon ; unless the said Justices shall certify unto the
said Clerk, that a further time is necessary for their
determination on the reasons filed ; in which case the
Clerk shall forbear issuing a Certificate, until the time
then certified to be necessary, shall expire, unless the
Justices shall sooner determine ; according to whose
determination, the Clerk shall govern himself herein;
and if the said Justices shall determine, that the reasons
assigned by the person forbidding the said banns, were
not supported by the laws of the Commonwealth, then
the person so forbidding, shall pay all the cost that may

1786. — Chapter 3. 9

have arisen in consequence of such objection ; and the
said Justices shall make up judgment and issue execution
accordingly.

And be it further enacted by the authority aforesaid,
That if any person shall deface or pull down any publish- f^oy^/pub6"
ment posted up in writing as aforesaid, before the expira- ushments.
tion of the said fourteen days, he shall forfeit and pay
the sum of twenty shillings, to the use of the Town ; and
if unable to pay the said tine, may be set in the stocks for
the space of one hour. And if any Justice of the Peace, Penalty for mar.
or Minister, shall otherwise than is expressly allowed and toTh1aCa>ctt.rary
authorized by this act, join any persons in marriage, they
shall severally forfeit and pay the sum of fifty pounds , two
third parts thereof to and for the use of the County,
wherein the Offence may be committed, and the residue
to the prosecutor, to be sued for and recovered in the
Court of Common Pleas, within the same County, by the
Treasurer thereof, who is hereby injoiued upon due infor-
mation thereof, to prosecute and sue for the said penalty,
without delay, or by the parent, guardian or other person
under whose immediate care and government, either of
the parties were at the time of such marriage ; and every
Justice or Minister, against whom such recovery shall be
had, is hereby forbidden from joining persons in marriage
forever after. And in case a person forbid as aforesaid,
or any other person whatever, not authorized and empow-
ered to solemnize marriages by this Act, shall join any
persons in marriage, and be convicted thereof in the Su-
preme Judicial Court, upon presentment or indictment,
he shall stand one hour in the Pillory, and be subjected
to pay a tine, at the discretion of the Court, to the use
of the Commonwealth, not exceeding one hundred pounds,
nor less than eighty pounds.

And be it further enacted, That every Justice and Min- Record to be
ister, shall make and keep a particular record of all mar- riages.
riages solemnized before them respectively; and in the Return of mar-
month of April, yearly and every year, shall make a madTannuaUy.
return to the Clerk of the Town, District or Plantation
in which he lives, certifying the names (both Christian
names and Surnames) of all the persons who have been
by them respectively joined together in marriage within
the year then last past, if any such have been by them so
joined together. And if it shall so happen, that any one
or more of the said Justices, or Ministers, shall not have

1786. — Chapter 3.

Penalty for neg-
lecting to make
such return.

Town & district
Clerks, to record
all marriages.

Penalty for join-
ing in marriage,
any white per-
son with any
Negro, Indian
or Mulatto.

Marriages sol-
emnized among
Quakers, de-
clared valid.

joined together in marriage, any persons during the course
of the year then last past, it shall be the duty of such
Justice or Minister, also to certify to the said Town Clerk,
in writing under his hand, that he has not joined any per-
sons in marriage, within the course of the said year : And
if any Justice or Minister, shall neglect to make such
return, within the month of April, annually, the Clerk
of the Town, District or Plantation, where such delin-
quent Justice or Minister lives, shall without delay, certify
such neglect to the Clerk of the Court of General Sessions
of the Peace, of the same County, who shall lay the same
before the said Court, at their next Session ; and the per-
son so neglecting shall be cited to appear before the said
Court, to answer for such neglect ; and if no sufficient
reason shall be assigned therefor, he shall be considered
and adjudged disqualified for joining persons in marriage
for a term of time, not exceeding ten years, at the discre-
tion of the Justices of the said Court. And every Town
and District Clerk, shall duly and seasonably record all
marriages, so certified to him, as aforesaid, and shall also
return a list or copy thereof to the Clerk of the Court of
General Sessions of the Peace of the same County, some-
time in the month of May, yearly and every year, to be
there recorded, upon penalty of forfeiting twenty shillings
for each neglect : And it shall be the duty of each Clerk
of the Sessions, to prosecute for every such neglect, in
the County to which he belongs. And every Clerk of the
Sessions shall record all such returns of marriages at large,
in a book to be kept for that purpose, and no other, under
the same penalty for each neglect,

And be it further enacted, That no person by this Act
authorized to marry, shall join in marriage any white
person with any Negro, Indian or Mulatto, on penalty
of the sum of fifty pounds, two third parts thereof to the
use of the County wherein such Offence shall be com-
mitted, and the residue to the prosecutor, to be recovered
by the Treasurer of the same County, in manner as afore-
said ; and all such marriages shall be absolutely null and
void.

And be it further enacted by (he authority aforesaid,
That any marriages which have been, or hereafter may be
had and solemnized, among the people called Quakers, or
Friends, in the manner and form, used and practiced in
their Societies, shall be good and valid in Law, any thing

1786. — Chapter 4. 11

in this Act to the contrary notwithstanding : And the certificate of

Clerk, or Keeper of the records of the meeting wherein riages.tobe

such marriage shall be had and solemnized, shall once a madeannua *•

year make a certificate, under his Hand, of all marriages

had and solemnized in the Society, or meeting, to which

he belongs, and shall deliver the same to the Clerk of the

Court of General Sessions of the Peace, of the County

wherein the marriages have been had, and solemnized,

under the penalty of twenty shillings, for each neglect.

All tines, not particularly appropriated, shall be to the Fines, how

' l i ii • t i j.- appropriated.

use of the prosecutor. And all former Laws relating to
the solemnization of marriages, are hereby repealed.

This act to be in force from and after the last day of
December, one thousand seven hundred and eighty six,
and not sooner. June 22, 1 786.

1786. — Chapter 4.

[May Session, ch. 4.]

THE DESTRUCTION OF THE FISH CALLED (J]ia^yt 4.
VES, IN THEIR PASSAGE UP THE RIVERS ^'

AN ACT TO PREVENT

SHAD AND ALEWIVES,

AND STREAMS IN THE TOWN OF REHOBOTH, IN THE COUNTY

OF BRISTOL.

Whereas it is necessary for the preservation of the Fish Prearable-
called Shad and Aleiowes, in their passage up the rivers
and streams in the Town of Kehoboth, that the Committee
hereafter to be appointed in the said Town, to see that (he
passage-ivays for the said fish be not obstructed, should
have authority given them for the purposes 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 Town of Rehoboth shall J0°^ empiwtr°e"d
be, and they are hereby empowered and directed, at their ^ ^°r°e* peon's
meeting for the choice of Town Officers in March or April, annually, to see
annually, to choose three or more persons, to see that the respecting Ash,
laws respecting the passage-ways for the said Fish be be<
observed ; and each person so chosen shall take an oath
faithfully to discharge the duties required of him by Law ;
and the Committee of the said Town s^hll meet together
annually, on or before the tenth day of April, at such •
time and place as the person first chosen by the said
Town shall appoint ; the meeting to be by him duly noti-
fied : And the major part of the Committee present at
such meeting, are hereby authorized and empowered to

1786. — Chapter 4.

Power of such
Committee.

Committee em-
powered to opeu
any dams or

sluice.

Proviso.

Penalty for
obstructing
passage-ways.

Penalty for tak-
ing fish, in any
manner, not
allowed by the
Committee.

order the time, places and manner, in which the said Fish
may be taken. And the said Committee, or the major
part of them, shall have power to cause the natural course
of the streams through which the said Fish pass, to be
kept open and without obstruction — to remove any such
as may be found therein, and to make the passage-ways
wider or deeper, if they shall find it necessary ; and the
Committee, or either of them, paying a reasonable con-
sideration therefor, if required, shall have authority for
those purposes, to go on the land of any person through
which such streams run, without being considered as tres-
passers ; and any person who shall molest or hinder the
said Committee, or either of them, in the execution of
the business of his or their office, or shall obstruct any
passage-way in such rivers or streams, otherwise than
may be allowed by the said Committee, he or they shall
forfeit and pay a fine not exceeding ten pounds, nor less
than five pounds.

And be it further enacted, that the said Committee, or
tohe major part, of them present at any meeting, duly noti-
fied, being not less than three in number, shall be, and
hereby are authorized and empowered, to open any dam
or sluice of any mill erected, or that may be erected on or
over any such rivers or streams, at the expence of the
owner or owners of such dam, provided such owner or
owners shall neglect to open the same, when thereto
required by the said Committee, or such major part of
them as aforesaid ; and the dam or sluice so opened shall
continue open in every year to such depth and width, and
for such term of time between the tenth day of April and
the first day of June, as the major part of the Committee
shall judge necessary. And in case any person or persons
shall obstruct the passage-ways allowed or ordered by the
said Committee, or such major part of them, in any dam
or sluice, such person so offending shall forfeit and pay a
sum not exceeding ten pounds, nor less than Jive pounds.

And be it further enacted, That if any person or persons
shall take any of the said Fish, on any day, or in any
place, or in anyjpanner, other than shall be allowed by
the said Committee as aforesaid, each person so offending
shall forfeit and pay a sum not exceeding forty shillings,
nor less than five shillings.

And be it further enacted, That if the Committee afore-
said, or either of them, shall detect any person or persons

1786. — Chapter 5. 13

in attempting to take any of the said Fish, on any day, at
any time, or at any place, or in any manner, otherwise
than is allowed by the said Committee, or shall find such
Fish with such person or persons, such person or persons Persons de-

•» tected bv the

shall be deemed to have taken the said Fish, and shall committee, how
be subject to the penalties of this Act accordingly, unless Proceededwlth-
such person or persons can make it appear that he or they
came by the said Fish in some other way.

And be it farther enacted, That the Committee to be committee to

i i»»-ilii a'j • ±1 agree upon cer-

cnosen as aforesaid, shall agree upon certain days in the tain days when

week when said Fish shall be taken, and also upon certain taken.ay b<

parts of said rivers and streams where said Fish may be

taken, to be particularly marked and bounded, and shall

notify the inhabitants thereof by posting up notifications

in two public places in said Town of Rehoboth, within ten

days after their being chosen as aforesaid.

And be it further enacted, That all the penalties incurred fn^ed^howre-
by a breach of this Act, may be sued for and recovered in covered.
any Court in the County of Bristol, proper to try the
same, and all sums so recovered as forfeited by this Act,
shall be appropriated one moiety thereof to the prose-
cutors, and the other moiety for the poor of the said
Town. And no person, by reason of his being one of
the said Committee, shall thereby be disqualified from
being a witness in any prosecution, for the breach of this
Act. June 27, 1786.

1786. — Chapter 5.

[May Session, ch. 5.]

AN ACT AUTHORIZING EXECUTORS AND ADMINISTRATORS, TO Q/ian. 5.
MAKE SALE OF REAL ESTATE, MORTGAGED TO THEIR TES- ■* *

TATORS OR INTESTATES, AND SUCH AS THEY SHALL TAKE
IN EXECUTION, IN CERTAIN CASES.

Whereas doubts have arisen, and may arise, with respect r-reambie.
to the extent of the right, interest, title and estate, which
Executors or Administrators may have, in houses, lands,
and tenements mortgaged to their respective Testators or
Intestates, and also the right, interest, title and estate,
which Executors or Administrators may have, in houses,
lands, and tenements, set off by execution at the suit of
Executors or Administrators, for debts due to the estates
of persons deceased; for the better defining and declaring
the Law in those respects ;

14 1786. — Chapter 5.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
when persona of the same, That whenever any person or persons to

to whom lauds . itj j t -i«j , 1

are mortgaged, whom any lands, tenements, or hereditaments, may be
before recovery, mortgaged for the payment of debts, or the performance
on^ucifmon- °* any collateral promise or engagement whatsoever, shall
gage, shaii be decease before recovery of seizin and possession of the
assets in the lands, tenements or hereditaments, mortgaged, that then
Executors, &c. the debts due on said deed of mortgage, and the lands,
tenements, or hereditaments, mortgaged by the same,
shall be assets in the hands of Executors, or Administra-
tors, as personal estate ; and the Executors or Adminis-
trators, shall have the same control and power of disposal
of all the estate, which the said deceased had, in the lands,
tenements, and hereditaments mortgaged, as if they had
been a pledge of personal estate ; and Executors or Admin-
istrators, may bring actions of ejectment, for recovery of
seizin, and possession of the lands, tenements, and here-
ditaments mortgaged as aforesaid ; in which actions it shall
be sufficient to declare on the seizin, and possession of the
Testator or Intestate,
tors^hlif re"' Be & further enacted by the authority aforesaid, That
cover seizin, &c. whenever Executors or Administrators, shall recover sei-

proceedings in .

such case. zin, or possession or lands, tenements, or hereditaments
mortgaged as aforesaid; the Executors or Administrators,
shall be seized and possessed of the estate, so recovered,
to the sole use, and behoof of the heirs of the Intestate,
or such Devisees of the Testator, to whom said estate may
be devised ; but in case the lands mortgaged, and recov-
ered as aforesaid, shall be necessary for the payment of
debts, legacies, annuities, or charges of administration,
and the same shall be Certified from the Court of Probate,
the said Executors or administrators, shall have full right,
power and authority, to dispose and make sale of the
whole or part of the lands, tenements and hereditaments
recovered as aforesaid, subject however, to the equity of
redemption : And it shall be lawful for the said Executors
• and Administrators, to sell the same at private sale, to
any person, who shall pay therefor, the whole of the

Proviso. money due upon the mortgage, at the time of sale ; pro-

vided the Court of Probate, shall give leave for such
private sale ; or otherwise the same shall be sold at
public auction, to the highest bidder, notice of such
intended sale, to be given as is prescribed in, and by

1786. — Chapter 5. 15

an act, intitled, "An Act directing the settlement of the
estates of persons deceased, and for the conveyance of
real estates."

Be it further enacted by the authority aforesaid, That i^nds&c. set

"^ «y •/ off to be to the

whenever any Executor or Administrator, shall recover use of heirs, &c.

i//« /» 1 j_*iii and to be sold

judgment, tor any sum ot money, whereon execution shall incase.
issue, and lands, tenements, or hereditaments, shall be
set oft* to the said Executor or Administrator, in discharge
of the said Execution, the said Executor or Administra-
tor shall be seized and possessed of the whole estate, in
the lands, tenements or hereditaments, so set off, to the
sole use, and behoof of the heirs of the deceased Intes-
tate, or of the residuary Legatee, or Legatees of the
Testator, as the case may be : provided however, that in
case the lands, tenements, and hereditaments, so set off
on the said execution shall be necessary for the payment
of debts, legacies, annuities or charges of administration,
the same being certified from the Court of Probate, the
said Executor or Administrator shall have full power
and authority, and they are hereby fully authorized and
empowered, to sell, and dispose of the same, for the pur-
poses aforesaid, with the saving of the right of redemp-
tion ; and it shall be lawful for the said Executor or
Administrator to sell the same as aforesaid, at private
sale, to any person who shall pay therefor, the money,
at which they shall have been apprized and set off, in
satisfaction of the Execution, in whole or in part ; pro-
vided the Court of Probate shall give leave therefor ; or
otherwise the sale shall be made at public auction, in like
manner as is herein before directed for the sale of mort-
gaged lands, tenements and hereditaments.

Be it further enacted, by the authority aforesaid, That Executors enti-
after Executors or Administrators, shall recover seizin, uon morney.mp'
or possession of any lands, tenements, or hereditaments,
mortgaged as aforesaid, and before conveyance or assign-
ment thereof, in manner aforesaid, if any mortgagor, his
heirs, Executors, Administrators, or assigns, shall within
the time limited, for the equity of redemption, redeem
the said mortgaged premises, the Executors or adminis-
trators, shall in every instance, be entitled to receive the
said redemption money, and are hereby authorized, em-
powered, and directed to discharge the said mortgaged
premises, by release, quitclaim, or other legal convey-
ance.

1786. — Chapter 6.

Proviso.

And be it farther enacted by the authority aforesaid, That
nothing in this Act contained, shall be construed, to con-
troul any last will and testament, or any part thereof.

June 27, 1786.

Chap. 6.

Preamble.

Parish Commit,
tee to sell min-
isterial lands.

Interest of the
proceeds to sup-
port ministry.

1786. — Chapter 6.

[May Session, ch. 6.]

AN ACT TO ENABLE THE INHABITANTS OF THE FIRST PARISH
IN THE TOWN OF FALMOUTH, IN THE COUNTY OF CUMBER-
LAND, TO SELL THE MINISTERIAL LANDS THERE, TOWARDS
RAISING A FUND FOR THE SUPPORT OF THE MINISTRY, AND
TO TAX THE PEWS IN THE MEETING HOUSE, IN SAID PARISH,
UNTIL SUCH FUND BE RAISED.

Whereas the inhabitants of the First Parish in the Town
of Falmouth, in the County of Cumberland, have repre-
sented to this Court, that many difficulties subsist within
the same, in respect to the raising of monies for the support
of the ministry, by the usual mode of laying taxes upon
polls and estates, and as a remedy whereof have requested,
that an Act might be passed to enable them to sell the min-
isterial lands there, the proceeds whereof, together with
such sums as have been, or may be subscribed by individual
persons, to be applied to the raising of a fund for that
purpose and that they might be empowered to tax the jievs
in the meeting house in said parish , until such fund be
raised.

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 parish by such Com-
mittee as they may appoint for that purpose, be, and they
hereby are empowered to sell and dispose of all such lands
in said parish, as were originally granted for the use of
the ministry, or now belong to said parish, and to make
and execute a good and sufficient deed or deeds of the
same, according to law.

And be it further enacted, That the monies arising from
such sale, as also all monies which already are, or may
hereafter be given by any person or persons for the pur-
pose, shall be applied to the establishment of a fund, the
interest whereof shall be and hereby is appropriated to
the support of the present Ministers of said parish, and
their successors, who may hereafter be elected by said
parish — such interest to be received and applied as afore-
said, by the Committee of the parish who may be annually

1786. — Chapter 7. 17

chosen for that purpose. Provided nevertheless, That no Proviso.
such sale shall be considered valid, unless the Minister or
Ministers of said parish for the time heing, shall signify,
in writing, his or their consent to the same.

And be it further enacted by the authority aforesaid,
That the inhabitants of said parish be and they hereby, are Tax in the mean
authorized and empowered, until such fund be established, pTwa!'150'1 the
to raise by a tax upon the pews in said meeting house,
such sum or sums as shall be annually voted and agreed
upon at their annual meeting in March, for paying the
salary or salaries of their Minister or Ministers, and
defraying the other necessary charges of the parish, or so
much of the same as the income arising from the fund, may
in case of its not being sufficient for the purpose, fall short.

And be it farther enacted, That the said pews shall Mode of levy.
be taxed, and pay towards such salary or salaries and
charges, according to their valuation, respect being had
to their convenience and situation, which valuation shall
be set thereon by the Assessors of said parish, from time
to time, as may be found necessary ; and all such taxes
or assessments shall be made and levied according- to such
valuation proportionally ; and if the same be not paid
within six months from the time, the Collector shall give
notice thereof to the proprietor or owner of the pew
assessed (which notice he shall give by causing an adver-
tisement of the same, to be inserted in the Falmouth
Gazette, specifying the number of the pew, and the sum
at which it is assessed, or in such other way as the parish
at a legal meeting shall determine) the said Collector shall
proceed to sell the pew of such delinquent proprietor or
owner, at public vendue, notice of such sale being previ-
ously given in the Falmouth Gazette, three weeks suc-
cessively, or in such other way as the said parish shall
determine, and after deducting the said taxes, and neces-
sary charges of sale, the overplus, if there be any, shall
be paid to the delinquent proprietor or owner of the Pew
so sold. June 27, 1786.

1786. — Chapter 7.

[May Session, ch. 7.]
AN ACT TO PREVENT THE DESTRUCTION OF SALMON, SHAD, r>l)art 7
AND ALEWIVES, AND OTHER FISH IN AGAWAM, OR WEST- Kj,ialJ' *'
FIELD RIVER.

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

1786. — Chapter 8.

Limits and time of the same, That from and after the first day of March

of catching fish i >■ -, , , , ,* •

preBcnbed. next, no person or persons he allowed to catch any Salmon,
Shad, or Alewives with seines, nets, pots, or in any other
way, in any part of said River, within two miles of the
entrance thereof into Connecticut River, nor in Connecti-
cut River, within half a mile South, or forty rods North
of the mouth, or entrance of said Agawam, into Con-
necticut River; and no person or persons shall catch any
Salmon, Shad, or Alewives, in any other part of the said
Agawam River, at any other time, than between Sunset
on Monday evening, and Sunset on Thursday evening in
each week ; and if any person or persons shall presume to
catch any fish in the said Rivers, contrary to the true
intent of this Act, he or they so oifending, shall for each
offence, forfeit and pay a fine of Four pounds ; and the seine,
net or machine used in catching said fish, shall be forfeited.

And be it further enacted by the authority aforesaid,
That all weares, fences, and other incumbrances now
erected, or that shall hereafter be erected, in any part
of the said Agawam River, so as to stop the free course
or passage of the said fish up the said River, shall be
deemed common nuisance, and as such shall be pulled
down and demolished ; and any person or persons, that shall
hereafter erect any such weares, fences, or other incum-
brance or shall continue such already erected, on convic-
tion thereof, shall forfeit and pay the sum of Three pounds.

And be it further enacted by the authority aforesaid,
That all fines and forfeitures, incurred by any breach of
this Act, shall, and may be recovered by action or infor-
mation, before any Justice of the Peace, within the
County where such offence shall be committed : one half
of such fines shall enure to him or them, who shall sue
or prosecute for the same ; and the other half to the poor
of the Town, where the offence shall be committed.

June 27, 1786.

Penalty for
erecting incum-
brances.

Recovery of
penalties.

Chap. 8.

1786. — Chapter 8.

[May Session, ch. 8.]
AN ACT FOR APPOINTING AND EMPOWERING AGENTS ON THE
PART OF THIS COMMONWEALTH, TO ASSIST IN RUNNING
AND ASCERTAINING THE LINE OF JURISDICTION BETWEEN
THIS COMMONWEALTH, AND THE STATE OF NEW YORK, ON
THE EASTERLY PART OF THE SAID STATE OF NEW YORK.

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

1786. — Chapter 8. 19

of the same, That Timothy Edwards, Esq ; Doct. Samuel Agents to fur-

t/ */ j -i * Disii documents

Williams, Jahleel Woodbridge and Caleb Strong, Esq'rs. &o.
be, and they are hereby appointed Agents on the part of
this Commonwealth, who are hereby authorized to furnish
the Commissioners appointed by Congress to run out,
survey, mark and ascertain the line of Jurisdiction, be-
tween this Commonwealth and I he State of New York,
on the easterly part of the said State of New York, with
the documents, papers and observations necessary to
ascertain the said Line ; and the said Agents, are further To agree with
authorized and empowered, with the assistance of the agents from n,
Commissioners of Congress afore mentioned, to agree
with the Agents of the State of New York, in what man-
ner the said Line shall be run', if such agreement can be
made on the principles of Justice.

And be it further enacted, That if such agreement as is otherwise to
above mentioned, cannot be made by the Agents of the Proceed- &c-
respective States, the Commissioners aforesaid, appointed
by Congress, be, and they are hereby empowered on the
part of this Commonwealth, to proceed upon, and accom-
plish the business of running the said Line of Jurisdiction,
upon such principles and observations, as shall appear to
them the least liable to error.

And be it further enacted, That the Agents aforesaid, Their power.
be, and they are hereby vested with all the powers, with
which the Commissioners on the part of this Common-
wealth were vested, by an act passed on the fourth day
of June, in the year of our Lord, Seventeen hundred and
eighty-four, entitled, "An Act for the appointing and
empowering Commissioners, on the part of this Common-
wealth, in conjunction with such as are, or may be ap-
pointed by the State of New York, to ascertain the
boundary line between the Commonwealth and the State
aforesaid, Eastward of Hudson's River;" and the said
Agents are hereby authorized and empowered to employ
such Chainbearers, Flagmen, or other persons, as they
shall judge necessary to attend them in the prosecution
of the business abovementioned.

And it is further enacted, That if any two or more of ;funt^I°edgent8
the said Agents shall be present, they or the major part of
them shall be, and they are hereby authorized to exercise all
the powers which are herein given to the Agents aforesaid.

And be it further enacted, That the Secretary of this secretary to
Commonwealth be, and he hereby is directed to furnish with necessary

papers.

1786. — Chapter 9.

the said Agents with such original papers or copies, now
in his office, as they may think necessary to the discharge
of the trust reposed in them. June 27, 1786.

Chaj). 9.

Preamble.

Boundaries.

Incorporated,
and invested
with powers.

Isaac Powers,
Esq; to call a
meeting.

To pay their
proportion of
parish taxes.

1786. — Chapter 9.

[May Session, ch. 9.]
AN ACT FOR INCORPORATING THE EASTERLY PART OF PEL-
HAM, AND THE SOUTHWEST PART OF NEW SALEM, IN THE
COUNTY OF HAMPSHIRE, AND THE INHABITANTS THEREON,
INTO A SEPARATE PARISH, BY THE NAME OF THE SECOND
PARISH IN PELHAM.

Whereas a number of the Inhabitants of the towns of
Pelham and New Salem, in the County of Hampshire,
have petitioned this Court to be incorporated into a Parish,
and the Prayer of the said petition appearing to be rea-
sonable:

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,
viz. all the lands lying east of the western branch of Swift
River, in Pelham, and all the lands in New Salem, south
of the farms on which Amos Thomas, Silas Haskins, and
the widow Mary Sloan, now live, and of a line drawn
east from the land of said Mary Sloan, to a line that shall
intersect a line drawn due north from the northwest cor-
ner of Greenwich, together with the inhabitants thereon,
be, and they are, hereby incorporated into a separate
parish, by the name of the second parish in Pelham, and
vested with all the powers, privileges and immunities,
which parishes in this Commonwealth are entitled to.

And be it further enacted, That Isaac Powers, Esq ; of
Greenwich, be, and he hereby is directed to issue his
warrant to some principal inhabitant within the said
Parish, directing him to warn the inhabitants of the
said Parish, qualified to vote in Parish affairs, to assemble
at some convenient time and place, in the said Parish, to
choose such officers as are necessary to manage the affairs
of the said Parish, according to the powers and authority
given by this Act.

Provided nevertheless, That the inhabitants of the said
parish shall pay their proportionable part of all taxes of a
parochial nature, which have been assessed on them by
the towns to which they respectively belong, in the same
manner as if this Act had not been passed.

June 28, 1786.

1786. — Chapter 10. 21

1786. — Chapter 10.

[May Session, ch. 10.]
AN ACT REGULATING PARISHES AND PRECINCTS, AND THE Chaj). 10.
OFFICERS 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 bounds and limits of Precincts and Bounds and
Parishes, as they have been formerly settled, be, and cincts and Par-
hereby are confirmed and established, until they shall be ii8hbeed.e8tab"
otherwise ordered by the General Court. And the inhab-
itants of each respective Parish and Precinct, who shall
pay in one tax, exclusive of the Poll or Polls, a sum equal
to two thirds of a single poll tax, shall, in the month
of March or April, annually, meet and assemble together inhabitants to
at such time and place, in the same Parish or Precinct, as ^he^rice'
they shall be notified to attend, by the Collector thereof, of officers.
or such other person as the Assessors thereof shall appoint
to notify the same ; and the said inhabitants shall then
and there, by a major vote, by ballot, or such other
method as they may determine convenient, choose a Clerk,
who shall be under oath truly to Record all votes passed
in the same, or any other regular meeting of the Corpora-
tion, during the time he shall remain in Office ; two or
more able and judicious persons for assessors, a treasurer,
collector and other usual Parish or Precinct Officers. And certain persons

„ „ ~ . ., .,. exempted from

no person in commission tor any Office, civil or military, serving in the
church officer, member of the Council, Senate, or House lector?
of Representatives, for the time being, nor any one who
has served in the Office of Constable or Collector, of any
Town, District, Parish or Precinct, within the term of
seven years, shall be obliged to serve in the Office of
Collector. And every person chosen to the Office of Col- Persons not ex-
lector, and not exempted as aforesaid, if he be able in in^PtoeserveUS
person to execute the same, and of the same denomina-
tion of Christians as those of the major part of the Parish
or Precinct who shall choose him, who shall refuse to take
the oath to that office prescribed, and to serve therein,
shall forfeit and pay to the use of the same Precinct, or Penalty.
Parish, the sum of Three pounds. And the person chosen
collector shall if present forthwith declare his acceptance
or refusal, and in case of non acceptance the Parish or
Precinct shall proceed to a new choice, and so from time
to time until one shall accept and be sworn : and any

22 1786. — Chapter 10.

person so chosen, who shall be present, and shall not
declare his acceptance of the Office of Collector, or who
shall neglect after being summoned by a Constable or any
other person whom the Clerk or assessors may appoint for
that purpose before the Clerk, to take the Oaths of Office,
for the space of seven days next after being notified or
summoned, as aforesaid (which oath, as well as the oath
of all other Parish or Precinct Officers, the Clerk for the
time being is hereby authorised and empowered to adinin-

recoveredT ister) and shall neglect to pay the fine aforesaid, may be
compelled to pay the same by the same mode of Process,
in the Court of General Sessions of the Peace, that fines
may by Law be recovered of persons refusing to serve in
the Office of Constable.

And be it further enacted by the authority aforesaid,

Assessors That assessors of Precincts or Parishes shall be empow-

empowered to . # l

manage pmden- ered to manage their prudentials, unless a Committee shall
committee siiaii specially be appointed for that purpose, which any Pre-
eappomte . cmct or pdrish is empowered to choose if they think
proper ; and the said Committee, where any such shall
be chosen, and the assessors where no such Committee
shall be appointed, shall have like power and authority
in all respects for calling Parish or Precinct meetings as
Selectmen, by Law have for calling Town meetings ;
and in case of a vacancy in any Parish or Precinct Office
chosen in March or April, the same vacancy may be filled
at a Parish or Precinct meeting regularly notified, at any
Parish & pre- other season of the year. And the Moderator of a Parish
regulated. or Precinct meeting shall have the like power and author-
ity in governing the meeting as the like Officer by Law
has in a town meeting ; and persons misbehaving in Parish
or Precinct meetings shall be subjected to similar punish-
ments, to the use of the Parish or Precinct, as persons
misbehaving in Town meeting ; and the penalties to be
recovered in the same manner. And the moderator, in
case no Justice of the Peace is present, may also admin-
ister in open meeting the Oath of office to the Clerk
thereof. And when ten or more of the qualified voters
of any Precinct or Parish shall signify in writing their
desire to have any matter or thing inserted in a warrant
for calling a meeting, it shall be the duty of the assessors
to insert the same in the next warrant they shall issue for
that purpose ; and no matter or thing shall be acted upon
in such a manner as to have any legal operation whatever

1786. — Chapter 10. 23

unless the subject matter thereof shall be inserted in the
warrant for calling the meeting. And in case the asses-
sors shall unreasonably refuse to call a meeting, or a
Parish or Precinct shall have no assessors within it to
call one, or not a major part of the assessors or committee
which any Parish may agree upon to be chosen, any
Justice of the Peace for the same County, upon the justices of the
application of ten or more of the voters in the Parish araeeUn^itT11
or Precinct, may call a meeting, in the same manner as certain cases.
a Justice of the Peace is by Law authorized to call a
town meeting.

And be it further enacted by the authority aforesaid
that the qualified voters aforesaid of any Parish or Pre- Qualified voters
cinct, at the annual meeting in March or April, or at any moneyr'for the
other Parish or Precinct meeting regularly notified, at ^^r^&c
least seven days before the holding thereof, may grant
and vote such sum or sums of money as they shall judge
necessary for the settlement, maintenance, and support
of ministers or public teachers of religion ; for the build-
ing or repairing of Houses of Public Worship, and all
other necessary Parish or precinct charges, to be assessed
on the Polls and property within the same as by Law
provided. And the inhabitants of each respective Parish inhabitants of

i i Parishes & Pre-

and Precinct are hereby declared to be a Body Corporate, cincts, declared

-. , J -. j. j.' to be a body

and as such may commence and prosecute any action or corporate.
suit to final judgment and execution, in any Court proper
to hear and determine the same ; and may also defend
any suit or action that may be bro't against them, for
which purposes they may constitute one or more Agents
or Attorney's, in the same manner as towns may consti-
tute and appoint Agents ; and the evidence of their ap-
pointment may be ascertained in the same manner.

And be it further enacted by the authority aforesaid
that where any town or district consisting of but one Engagements or
parish only has been or hereafter shall be divided or made pa?ochCiai'n0af-a
into two or more Precincts or Parishes, any engagements [ntro'beforeedivi-
or contracts entered into by such town or district before ?i°n ofJ?b°88or
such division, of a Precinct or Parochial nature solely, districts, shaii
shall not by such division be considered as released, can- force, after such
celled, or extinguished ; but the same shall remain in full dlvIslon-
force, and be obligatory on the inhabitants residing, and
the estates lying within the limits of the first Parish or
Precinct of the same Town or district, who shall be
deemed and taken as successors to the town or district,

1786. — Chapter 11.

so far as relates to Precinct or Parochial agreements and
Proviso. contracts, to every intent and purpose whatever. Pro-

vided always that all debts of a precinct or parochial
nature that are or shall be in fact due and owing from
any Town or District, before a division thereof into Pre-
cincts or Parishes, for services or other matters actually
done and performed, for the general benefit of the persons
who shall after be included in each of the Precincts or
Parishes, shall in no respect be altered or devolved upon
the first parish or precinct, as the successors of the said
Town or District in its Precinct or Parochial capacity,
any thing herein contained to the contrary notwithstand-
ing.

And be it further enacted by the authority aforesaid,
Remaining part that in all such towns or districts where one or more par-
shaii be consid'. ishes or Precincts shall be regularly set oft' from such
o^princVai r8t towns or districts, the remaining part of such Town or
District is hereby deemed, declared and constituted an
entire, perfect and distinct parish or precinct, and shall
be considered as the principal or first parish or precinct.

June 28,1786.

parish.

Chap.ll.

Preamble.

Time set for
catching fish.

1786. — Chapter 11.

[May Session, ch. 11.]

AN ACT FOR REGULATING THE SALMON, SHAD AND ALEWIVE
FISHERY IN SACO RIVER, AND THE BRANCHES THEREOF,
WITHIN THIS COMMONWEALTH.

Whereas the constant catching of Salmon, Shad, and
Alewives in Saco River, is greatly prejudicial to. the growth
and increase of said Fish, and to the great damage of the
inhabitants on 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, That no person or persons be allowed, from
and after the passing of this act, to catch any Salmon,
Shad or Alewives in any part of Saco River, or in any
river or stream centering to or running into the same,
within this Commonwealth, oftener or more than four
days in a week, viz. : from Monday morning sunrise to
Wednesday morning sunrise, and from Thursday morning
sunrise to Saturday morning sunrise, in each week ; and
if any person or persons, shall catch any Salmon, Shad or
Alewives in Saco River, or in any River or stream center-

1786. — Chapter 11. 25

ing to or running into the same, within this Common-
wealth, or shall drag any seine, or drag-net, or set any
pot or net, or any other Machine, for the purpose of
catching any of the said fish, at any other time than by
this act is allowed in the said Rivers and Streams, each
and every person so offending, shall for each and every
such offence, forfeit and pay the sum of Four pounds, and
the seine, net, pot or other machine so used shall be for-
feited.

And be it further enacted by the authority aforesaid,
That all wears, fences and other incumbrances now wears & other
erected, or that shall be hereafter erected in any part deemed com-
of Saco River, or other Rivers and streams centering to m
or running into the same, within this Commonwealth, for
stopping or obstructing the course of the said fish, shall
be deemed common nuisance, and as such shall be pulled
down and demolished, and any person or persons that
shall hereafter erect any such wears, fences or other
incumbrances, or that shall continue any already erected,
on due conviction thereof, shall forfeit and pay the sum of
Three pounds, for each and every such offence.

And be it further enacted by the authority aforesaid,
That if any person or persons, from and after the passing Penalty for

.i . liii • j 1 • j_i dragingany

this act, shall drag any seine or net, or set any net in tne eeineomet,
said Saco River that is more than ten rods in length, he rod^in length.
or they so offending shall forfeit and pay for each offence
a fine of four pounds , and the seine or net so dragged or
set shall be forfeited.

And be it further enacted, that from and after the pass- Towns, &c. bor.
ing this Act, every town and plantation in this Common- River, to choose
wealth bordering on Saco River, and in which there are aUyBTo%e" uiat
any Rivers or streams centering to or emptying themselves ^served.6 du'y
into Saco River, where Salmon, Shad or Alewives, would
(if not obstructed) go up to spawn, shall at their meeting
in March or April for the choice of town officers, annu-
ally, choose by ballot, at least three suitable and fit
persons, whose duty it shall be jointly or severally to see
that this Act, and the Acts for keeping open sluice ways
in dams, be duly observed, and to inform against any
person or persons that shall offend against this act, and to
see that all obstructions in the Rivers and streams afore-
said be removed, and to prosecute all breaches of the said
Acts ; and all persons so chosen shall be sworn to the such persons to
faithful discharge of their duty in such office : anfl if any

1786. — Chapter 12.

Penalty for
refusing.

Writs of scire
facias to issue,
for breaches of
this act.

How fines shall
enure.

Grand Jurors
to present
offences.

person so chosen as aforesaid shall refuse or neglect to be
sworn (after due notice given ) he shall forfeit and pay
the sum of forty shillings, for the use of the poor of such
town, to be recovered by the Treasurer of such Town or
the Clerk of such Plantation, where the offence shall be
committed, and such Town or Plantation shall proceed to
a new choice, and so toties quoties; and any person or
persons who shall refuse or prevent the person or persons
so chosen from measuring any Seine or net which shall be
used for the purpose of taking fish in said River, shall
forfeit and pay a sum not exceedingybr^?/ shillings, nor
less than twenty shillings, for each and every such offence.

And be it further enacted, that on complaint made in
writing, to any Justice of the Peace for the County where
any offence against this Act shall be committed, against
any person or persons for any breach of this Act, or upon
view of any Justice, such Justice is hereby impowered to
issue his writ of Scire Facias, commanding such offender
or offenders to appear before him at such time and place
as the Justice shall direct, at least seven days previous to
the day of trial, to shew cause (if any he or they have)
why a warrant of distress shall not issue against him or
them, to levy said fine or forfeiture on his or their goods
or chattels, with all legal costs, in the same manner as writs
of execution are issued, and in like manner returnable.

And be it farther enacted, That all fines and forfeitures
incurred by any offence committed against this act, shall
enure the one moiety thereof, to the poor of the town or
plantation where the offence shall be committed, and the
other moiety to him or them who shall make information
of the same.

And be it further enacted, that all Grand Jurors are
hereby enjoined diligently and faithfully to enquire after
and duly to present all offences against this Act.

June 28, 1786.

Chap

1786. — Chapter 12.

[May Session, ch. 12.]
) AN ACT TO PREVENT DAMAGE BEING DONE TO THE HARBOUR
OF CAPE COD, BY CATTLE, SHEEP AND HORSE KIND, FEED-
ING ON PROVINCE TOWN LANDS, AND FOR THE PRESERVA-
TION OF THE SAME.

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

1786. — Chapter 12. 27

the same, that from and after the passing this Act, it shall

not be lawful for the inhabitants of Province Town, or

Truro, or any other person or persons whatsoever, to

turn out, feed, or let run at large, any neat cattle, sheep,

or horse kind, on the land, meadow, or beaches at Cape

Cod, lying to the northward and westward of the head

of the meadow in the said Town of Truro, known by the

name of East-Harbour Meadow, from the first day of

April, to the first day of October annually, upon the pen- Penaityforturn-

alty, for each offence, of Jive shillings a head, for all neat &<f. at umes^ot

cattle, and horse-kind, and one shilling a head for all ^t°wetl by thl8

sheep, so turned out, fed, or let run at large, on the lands,

meadow, or beaches aforesaid, to be recovered by any How recovered.

Inhabitant of either of the said Towns, before any Justice

of the Peace, for the County of Barnstable, by action of

debt; and all such cattle, sheep, or horse-kind, found Cattle, &c.

' . l. iii found running

feeding, or running at large on said lands, shall be liable at large, liable
to be impounded, in the Town of Truro, (or Province pounded.
Town, provided a pound be built therein) and immediate
notice thereof shall be given to the owner or owners of such
creatures, if known, otherwise, public notice thereof shall ^be^u^n60*
be given in writing, and posting up the same in some
public place in each of the Towns aforesaid, by the person
impounding the same ; such creatures to be relieved by
the pound keeper, with suitable meat and water, while
impounded : and if the owner, or owners thereof, appear
to redeem his, her, or their impounded creature, or crea-
tures, he, she, or they, shall pay the following fees, viz.
three shillings to the impounder, for each neat beast, or impounder
horse kind, and six pence for each sheep, so impounded,
and to the pound keeper reasonable costs, for relieving
such creatures, besides his fees established by law: and
if no owner appear within the space of four days, to if no owner
redeem such cattle, or horse-kind, so impounded, and to dayTtbe'crea11.1
pay the cost, occasioned by impounding them, then, and lBoid8maybe
in every such case, the person impounding such creature
or creatures, shall cause the same to be sold at public
vendue, to pay the cost and charges arising thereby ;
public notice of the time of such sale, to be given in the
towns of Truro and Province Town aforesaid, forty-eight
hours at least, previous to the said sale ; and the overplus,
if any there be, arising by such sale, to be returned to the
owner or owners of such creature, or creatures, so sold,
at any time within twelve months next after such sale,

1786. — Chapter 12.

Proviso, re-
specting Prov-
ince Town in-
habitants.

Penalty for cut-
ting down, or
carrying off any
trees, &c. be-
longing to this
Commonwealth,
in Province
Town.

How recovered

upon his, her, or their demanding the same : but if no
owner appear within the said twelve months, then the
said overplus shall be, one half to the party impounding
such creature, or creatures, and the other half to the use
of the poor of the Town, where such creatures shall be
impounded.

Provided nevertheless, that nothing in this Act shall be
construed to debar the inhabitants of Province Town, from
keeping and letting run at large, on land, meadow and
beaches in Province Town aforesaid, thirteen cows, four
oxen, one bull, and three horses, of which number the
Minister of Province Town for the time being, shall be
allowed to keep one cow and one horse for his own use,
on condition the said cattle and horses shall be marked on
the left shoulder, with a hot iron, with the letters P. T.
and entered by the Town Clerk of Province Town in the
said Town's book, with their marks, natural and artificial ;
and the said thirteen cows, four oxen, one bull, and three
horses (excepting the cow and horse for the Minister's
use, as before provided in this Act) shall be owned and
improved by the Inhabitants of Province Town, as shall
be agreed on by them, at their March or April meeting
annually, or some other Town meeting, called for that
purpose.

And be it further enacted by the authority aforesaid,
that whosoever, after the publication of this Act, shall
presume to cut down, or carry off any trees, poles, or
brush, from any part of the land belonging to this Com-
monwealth, in Province Town aforesaid, shall forfeit and
pay the sum of six shillings, for every tree, or pole, and
one shilling for every bush, so cut down, or carried off,
excepting twenty cords of wood to the use of the settled
minister of said Province Town, for the time being, which
shall be cut, and carted, in the month of November annu-
ally ; and so much brush may be also cut and taken from
the swamps in said Province Town, as shall be absolutely
necessary for stakes, in the curing of Fish in the said
Town, and no more : the forfeiture beforementioned, to
be recovered by information, or complaint, before any
Justice of the Peace, or by indictment, at any Court of
General Sessions of the Peace, within and for the County
aforesaid, one half to the use of any person, who shall
sue for and recover the same, the other half to the use of
the poor of the Town of Truro.

Chap. 13.

1786. — Chapter 13. 29

And be it further enacted by the authority aforesaid,
that it shall be the duty of the Selectmen of the Towns
of Truro and Province Toivn, to see that all breaches of
this Act, be duly prosecuted.

And be it further enacted by the authority aforesaid,
That all Laws heretofore made, to prevent damage being Former laws

repealed

done to the harbour at Cape Cod, be, and hereby are,
repealed. June 28, 1786.

1786. — Chapter 13.

[May Session, ch. 13.]
AN ACT FOR THE LIMITATION OF REAL ACTIONS.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That no Person shall hereafter sue or main- Time limited for
tain any Writ of right, or make any prescription, title or by ^rugof right!
claim to any lands, tenements or hereditaments, or to any
rents, annuities or portions issuing therefrom, upon the
possession or seizin of his or their ancestor, or prede-
cessor, beyond the term of three-score years next before
the Teste of the same Writ.

And be it further enacted by the authority aforesaid,
That no person shall sue, have or maintain any Writ of Actions, by writ
entry upon disseizin done to any of his Ancestors or disseizen, iim-
Predecessors ; or any action possessory upon the posses-
sion of any of his Ancestors or Predecessors, for any
lands, tenements or hereditaments, unless the Ancestor
or Predecessor under whom the demandant shall claim,
should have been seized or possessed of the lands, tene-
ments or hereditaments demanded, within fifty years next
before the Teste of the same Writ, or bringing such
action.

And be it further enacted by the authority aforesaid, ■
That no person or body-corporate or politic, shall sue for, Limitation of
have or maintain any action for any lands, Tenements or ofpoMession.611
Hereditaments, upon his or their own seizin or possession
therein, above thirty years next before the Teste of the
same Writ.

And be it further enacted by the authority aforesaid,
That all Writs of formedon in descender, Formedon in Limitation, by
Remainder, Formedon in Reverter of any Lands, Tene- medonin°dre.
ments or hereditaments whatsoever, hereafter to be sued 8cender> &c-
or brought, shall be commenced within Twenty years next

30 1786. — Chapter 14.

after the title or cause of action first descended, and at
no time after the said Twenty years. And no person,
unless by judgment of Law, shall at any time hereafter
make any entry into any lands, tenements or heredita-
ments, but within Twenty years next after his right or
title first descended or accrued to the same ; and in default
thereof such person so not entering, and his heirs, shall
be utterly excluded and disabled from making such entry
Proviso. thereunto. Provided always, that when any person, that

is or shall be intitled to any of the Writs of formedon
aforesaid ; or to make an entry, into lands, tenements or
hereditaments, shall at the time the said Right or Title
first descended, accrued or fell, be within the age of
twenty-one years, feme-covert, non compos, imprisoned,
or beyond seas, or without the limits of the United States,
that then such person shall and may bring such suit or
make such entry at any time within ten years after the
expiration of the said Twenty years aforesaid, and not
afterwards. July 4, 1786.

Chap. 14.

1786. — Chapter 14.

[May Session, ch. 14.]

AN ACT FOR ERECTING THAT PART OF THE TOWN OF FAL-
MOUTH, IN THE COUNTY OF CUMBERLAND, COMMONLY
CALLED THE NECK, INTO A TOWN BY THE NAME OF PORT-
LAND.

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

Boundaries. 0f the same, That, that part of the Tovyn of Falmouth
aforesaid, and the Inhabitants thereof and their estates,
included within the following bounds, viz. : Beginning at
the middle of the Creek that runs into Round Marsh (so
called) thence north east, to Backcove Creek, thence down
the middle of that Creek to Back-Cove, thence across
said Cove to sandy point, thence round by Casco Bay to
Fore River, thence up Fore river, to the first bounds
together with all the Islands that now belong to the first

incorporated^ Parish in said Falmouth, be, and they hereby are incor-

mvesled with , '■ • t-» 7 7

powers. porated into a Town by the name ot Portland, and are

hereby invested with all the powers, privileges, and im-
munities, that Towns within this Commonwealth do, or
ought by Law to have and enjoy.

And be it farther enacted by the authority aforesaid,
that the several Collectors of the said Town of Falmouth

1786. — Chapter 14. 31

are hereby authorized to collect and pay the taxes, to ^°}^,u0trh8 of
them already committed respectively, agreeably to their authorized.
several warrants, any thing in this Act to the contrary
notwithstanding.

And be it further enacted by the authority aforesaid,
that the Treasurer of the Town of Falmouth shall make a Treasurer of

, , . /• i • ii Falmouth to

fair settlement and adjustment ot his accounts as they make a fair
stood before the passing this Act, and if a balance shall se
remain in his hands, the Inhabitants of the Town of
Portland shall receive their just and due proportion
thereof: and if upon such settlement the Town of Fal-
mouth shall be in arrears, the Inhabitants of the Town of
Portland shall pay their just and due proportion thereof,
as hereafter in this Act is settled.

And be it further enacted, That the land belonging to Town land
the Town of Falmouth before the passing of this Act, divided, &c.
and the Town stock of Powder, shall be set off and
divided, four ninths to the Town of Portland, and the
other five ninths to the town of Falmouth, and the Town
of Portland shall pay four ninths of the taxes which have
been heretofore imposed by the General Court, upon the
Town of Falmouth ; and the Assessors of the said Towns
respectively, are hereby impowered and directed to assess
all taxes, which were due from the said Town of Falmouth,
before the passing of this Act, to the County or Common-
wealth, agreeably to the proportion aforesaid ; and the
Towns aforesaid shall be charged in the same proportion,
in all future taxes, until the General Court shall otherwise
determine. And the public landings shall be in common
to the Inhabitants of both Towns.

And be it further enacted by the authority aforesaid,
that the said Town of Portland shall be the Shire Town Portland to be
of said County, and that the Supreme Judicial Court, and
Courts of Common pleas, and General Sessions of the
Peace, by Law appointed to be holden at Falmouth, shall
in future be holden in the said Town of Portland, on
the same days respectively, in which they were by Law
required to be holden at Falmouth aforesaid, any Law to
the contrary notwithstanding.

And be it further enacted by the authority aforesaid,
that the poor now maintained by the Town of Falmouth, por°tredhow 8up"
shall be supported by the two Towns, in the proportion
aforesaid. And if any person or persons heretofore be-
longing to the Town of Falmouth aforesaid, and who have

1786. — Chapter 14.

Bounds of par-
ishes to remain
as heretofore.

Town of Port-
land to support
Pride's bridge,
&c.

Tract of land
without the
limits, annexed
to Portland.

Enoch Free-
man, Esq ; to
call a meeting.

Proviso.

removed from thence, shall be returned thither again, and
become a public charge, the same shall be paid by the
two Towns aforesaid, in proportion to the tax laid on
them severally from time to time.

And be it further enacted by the authority aforesaid,
that nothing in this Act shall in any wise affect or alter
any of the bounds of the several Parishes within the Town
of Falmouth, but the same shall be and remain as hereto-
fore by law established, any thing in this Act to the con-
trary notwithstanding.

And be it further enacted, that the Inhabitants of the
Town of Portland shall from time to time amend and
repair Pride's bridge, on Presumscutt River, and the
great bridge on Fore River, (so called) although the same
be not included within the limits of Portland aforesaid.

And be it further enacted, that a certain tract of land
without the limits of the Town of Portland, and contain-
ing about one hundred and eighty acres, belonging to
Samuel Dean, Joshua Freeman and Elizabeth Wise, and
which descended to them from Moses Pearson, late of
Falmouth aforesaid, Esq ; deceased, be, and the same is,
hereby annexed to -the Town of Portland, and shall be
considered as part thereof; and the lands granted to the
First Parish in said Falmouth, for the support of the
ministry there, are hereby annexed to said Town of Port-
land, and shall be considered as part thereof, and shall
enjoy the immunities that the other ministerial lands in
said Falmouth have and enjoy, the same being without
the limits of the Town of Portland notwithstanding, so
long as they continue ministerial lands, and no longer.

And be it further enacted that Enoch Freeman, Esq ;
be, and he hereby is directed to issue his warrant to some
principal Inhabitant of Portland, requiring him to notify
and warn the Inhabitants of said Town of Portland, quali-
fied by Law to vote in Town affairs, to meet at such time
and place as therein shall be set forth, to chuse such
Officers as any of the Towns within this Commonwealth
by law have a right to elect ; and the Officers so chosen
shall take the respective oaths by Law required to be by
them taken.

Provided nevertheless, that nothing in this Act shall be
construed to affect any grants of land made to the first
Parish in Falmouth aforesaid, but such lands shall be the

1786. — Chapter 15. 33

estate of the Society which before the passing of this Act
was called the First Parish in Falmouth, any thing in this
Act to the contrary notwithstanding. July 4, 1786.

1786. — Chapter 15.

[May Session, ch. 15.]

AN ACT AGAINST COUNTERFEITING, OR UTTERING COUNTER- (JJiaV 15

FEIT COIN. 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 forge, or counterfeit Penalty for
any silver or gold money, or coin, the currency of which oTforgfng'i"!
is or shall be established and regulated by Law, or shall mdue°y. 8ilver
forge or counterfeit any silver or gold money, or coin,
that is or shall be current in this Commonwealth, he shall
be fined, at the discretion of the Court ; be set in the pilory
for the space of one hour, and then have one of his ears
cut off; and from thence be drawn to the gallows, and
set thereon with a rope about his neck fur the space of
one hour, and shall be whipped, not exceeding forty
stripes, and shall then be sentenced to hard labour for
a term of not more than seven years.

And be it farther enacted, that if any person shall col- Penalty for coi-

•11 ' -4-1 u -i --1 ounng or guild-

our, guild, or case over with gold, or silver, or with any ing any coin
wash or materials producing a colour resembling that of 0r8Xer.ng g°
gold or silver, any coin resembling any money, or coin,
the currency of which is or shall be established and regu-
lated by Law, or which is, or shall be current in this
Commonwealth, or any pieces of coarse gold or of coarse
silver, or of other metals, with an intent that it shall be
coined into counterfeit milled money, resembling the
established or current money or coin in this Common-
wealth, as aforesaid ; or into pieces resembling the gold
coin established, or current in this Commonwealth, as
aforesaid ; or that shall wash, guild, or colour any lawful,
or counterfeit silver coin, with intent to make such silver
coin resemble any gold coin, established or current in
this Commonwealth, as aforesaid ; or that shall wash,
guild or colour, or any ways alter any copper coin, with
an intent to make it resemble, either the silver or gold
coin, the currency of which is or shall be established,
and regulated by Law, or which is, or shall be current in
this Commonwealth, being convicted thereof, such person

1786. — Chapter 15.

Penalty for ut-
tering any such
false money.

Penalty for
bringing into
this Common-
wealth, or beinj
possessed of
any false or
forged money.

Persons know-
ingly making or
mending any
tool whatsoever,
for counterfeit-
ing gold or
silver money.

Penalty.

Persons having
in possession
any such tool.

shall be adjudged guilty of forging and counterfeiting the
money or coin, established or current in this Common-
wealth, and shall suffer the same punishments which are
before in this Act assigned for such crime.

And be it further enacted, that if any person shall utter
any such false money, or coin, forged and counterfeited
to the similitude of the silver or gold money, or coin, the
currency of which is or shall be regulated and established
by Law, or that is, or shall be current in this Common-
wealth, knowing the same to be false, forged and counter-
feit, such person being thereof convicted, shall be pun-
ished by fine, not exceeding one hundred pounds, be set
in the pillory one hour, be whipt, not exceeding twenty
stripes, have one ear cut off, be bound to the good
behaviour or confined to hard labour, not exceeding three
years.

And be it farther enacted, That if any person shall bring
into this Commonwealth, any such false, forged and coun-
terfeited money, or coin, or be possessed of an}^ such
false, forged and counterfeit money or coin, as in this
Act is before described, knowing the same to be false,
forged and counterfeit, with an intent to utter and pass
the same, such person shall be fined a sum not exceeding
fifty pounds, be whipped, not exceeding twenty stripes,
and be bound to the good behaviour.

And be it further enacted, that if any person shall
knowingly make, or mend, or begin to make, or mend,
any engine, press, stamp, mould, pattern, dye, puncheon
or any tool whatsoever, used, adapted or designed for the
coining, forging or counterfeiting gold or silver money,
or coin, the currency of which is, or shall be regulated
and established by Law, or which is, or shall be current
in this Commonwealth, with an intent to use, or with an
intent, or expectation, that the same should be used and
employed, in forging and counterfeiting such silver or
gold money, or coin, and be thereof convicted, such per-
son shall sutler the same punishment, as is herein before
provided, for forging and counterfeiting silver or gold
money, or coin, current in this Commonwealth.

And be it further enacted, that if any person shall have
in his possession any such engine, press, stamp, mould,
pattern, dye, puncheon, or any tool or material whatso-
ever, used, adapted or designed for the coining, forging,
or counterfeiting such silver or gold money, or coin, as is

1786. — Chapter 15. 35

herein before described, with an intent to use and employ
the same, or that they should be used and employed, in
coining, forging or counterfeiting such silver or gold
money, or coin, as aforesaid, being thereof convicted,
such person shall sutler the same punishment as is herein Penalty.
before provided, for being knowingly possessed of such
false and counterfeit money and coin, with an intent to
utter the same.

And be it further enacted, that if any person shall forge Penalty for

c> .. ■ j j.i • «i>i i counterfeiting

or counterfeit any copper money or coin, to the similitude copper money.
and appearance of the copper money or coin, the currency
whereof is or shall be established and regulated by Law,
he shall be fined, not exceeding thirty pounds, be whipped,
not exceeding twenty stripes, be bound to the good be-
haviour, and imprisoned, not exceeding three months.

And be it further enacted, that if any person shall know- Penalty for
ingty bring into this Commonwealth, any such false, forged thisoommon-
and counterfeit copper money, or coin, with an intent to t^feit copper
utter the same, such person shall, upon conviction thereof, money-
be punished by fine, not exceedingly?/??/ pounds; by im-
prisonment, not exceeding six months ; shall be whipped,
not exceeding twenty stripes, and be bound to the good
behaviour.

And be it further enacted, That whosoever shall inform Rewards for
of any of the foregoing offences, so as the Offenders may oV"ces.g°
be convicted of the same, shall receive out of the public
Treasury the following rewards, viz. for informing of,
and prosecuting to conviction, one or more persons, guilty
of the same forging or counterfeiting any silver or gold,
or making or mending any engine or tool for forging and
counterfeiting silver or gold money, or coin, as described
in this Act, the sum of twenty-five pounds; and for
informing and bringing to conviction, one or more per-
sons, guilty of uttering any false silver or gold coin, or
money, knowingly, or of bringing the same into this
Commonwealth, with an intent to utter it, or of having
any engine, press or tool whatsoever for coining the
same, as before described, the sum of fifteen pounds; in
order to which, two of the Justices of the Supreme Judi-
cial Court, shall give to such person as shall appear to
them to be the informer, a Certificate of the conviction
and of the name of the prosecutor ; and if any dispute
shall arise between several persons, claiming to be prose-
cutors, the said Justices shall determine to whom the

36 1786. — Chapter 16.

reward shall be paid, and if to more than one, then in

what proportion.
supremVjudf. And be it further enacted, That the Justices of the
abiteany'parT Supreme Judicial Court, before whom all persons, charged
of the penalties, with any of the offences before described, shall be tryed,

at their discre- 1111 i • t • 1 /.,

tion. may and shall at their discretion, abate any part of the

pains and penalties aforesaid, according to the circum-
stances of the Offence.
licteTa8 second And be it further enacted, that if any person shall be
time, how pun- convicted a second time of any of the Offences described

ished. 'I'll -ii • • i 1 •

in this Act, he may be punished as is mentioned herein,
for the first conviction of the same offence, and also by
confinement to hard labour for life, or any term of years,
according to the nature of the offence, at the discretion
of the Court.
iLgSint8htecoauCntter. ^nd be it further enacted, that all other Acts, against
felting money, clipping, diminishing, or counterfeiting any coined money,
established by Law, or current in this Commonwealth, be,
and they hereby are repealed. July 4, 1786.

1786. — Chapter 16.

[May Session, ch. 16.]

Chan 16 AN ACT F0R suspending the operation of an act, enti-

^' TLED, "AN ACT FOR THE REGULATION OF NAVIGATION AND

COMMERCE."

Preamble. Whereas the good intentions of an Act, entitled, "An

Act for the regulation of Navigation and Commerce,"
passed in the Year of Our Lord, One thousand seven
hundred and eighty-Jive, are rendered inefficacious, for
want of a co-operation of our sister States, in the salutary
principles contained in the said Act: Therefore

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

operation of the of the same, That the operation of the aforesaid Act, and
every part thereof, be, and hereby is, suspended, until
the other States in the Union shall have passed Acts,
similar to the Act which is hereby suspended.

Proviso. Provided nevertheless, that all suits and prosecutions in-

stituted, or which may hereafter be instituted, on account
of any breach of the Act hereby suspended, before the
passing this Act, shall be sustained and prosecuted to final
judgment and execution, any thing in this Act to the con-
trary notwithstanding. July 5, 1786.

1786. — Chapter 17.

[May Session, ch. 17.]

AN ACT FOR GRANTING TO THE UNITED STATES, A TAX UPON (JJiap. 17.
THE POLLS AND ESTATES WITHIN THIS COMMONWEALTH, *

TO OPERATE AS A SUPPLEMENTARY FUND TO THE CONTI-
NENTAL IMPOST, AGREEABLY TO THE RECOMMENDATION OF
CONGRESS, OF THE EIGHTEENTH OF APRIL, ONE THOUSAND
SEVEN HUNDRED AND EIGHTY THREE.

Whereas Congress, on the twenty-ninth day of April , Preamble«
one thousand seven hundred and eighty three, made the
following estimate of the National Debt, viz.

Due to the Farmers General of France, .

To Individuals in France, on unliquidated

accounts, estimated,

To the Crown of France, including a loan of

10,000,000 borrowed in Holland, and for

which France is guarantee,
To ditto a loan for 1783,

Livers.

1,000,000
3,000,000

28,000,000
6,000,000

38,000,000

At five Livers eight sous per dollar, .

To lenders in Holland, received in part of the
Loan contracted for by Mr. J. Adams,
1,678,000 Florins,

Borrowed in Spain, by Mr. Jay, .

One year's Interest of Dutch Loan of 10,-
000,000 livers

Foreign debt, 1st January, 1783, .

Dollars.

7,037,037

671,200
150,000

26,848
7,885,085

Domestic Debt.

On Loan Office certificates, reduced to Specie
Value, .......

Interest unpaid for 1781,

Ditto, 1782,

Credit to sundries in Treasury Books, .

Army debt, to 31st December, 1782,

Unliquidated Debt estimated at

Commutation to the army, agreeable to the
act of 22d March last, ....

Bounty due to Privates, ....

Deficiencies in 1783, suppose .

Dollars.

11,463,802

190,000

687,828

638,042
5,635,618
8,000,000

5,000,000
500,000
2,000,000
34,115,290

Total Debt, 42,000,375

38 1786. — Chapter 17.

Annual Interest of the Debt of the United States.

On Foreign Debt, part at four per cent, and part at five

percent 369,038 G

On the Domestic Debt, at six per cent 2,046,917 4

2,415,956

And whereas Congress, on the eighteenth of April one
thousand seven hundred and eighty-three, came into the
following Resolution, viz.
JreM^fthe^sth Resolved, By nine States, that it be recommended to
of April, n83. the several States, as indispensibly necessary to the
restoration of public credit, and to the punctual and
honorable discharge of the public debts, to invest the
United States in Congress assembled, with a power to
levy for the use of the United States, the following duties
upon goods imported into the said States, from any for-
eign port, island or plantation.

Upon all Rum of Jamaica proof per gallon, four ninetieths of a

dollar,

Upon all other Spirituous Liquors, three ninetieths of a dollar,

Upon Madeira Wine, twelve ninetieths of a dollar,

Upon all other Wines, six ninetieths of a dollar,

Upon common Bohea Tea, per pound, six ninetieths of a dollar,

Upon all other Teas, twenty-four ninetieths of a dollar,

Upon Pepper per pound, three ninetieths of a dollar,

Upon Brown sugar, per pound, half ninetieth of a dollar.

Upon Loaf sugar, two ninetieths of a dollar,

Upon all other sugars, one ninetieth of a dollar,

Upon Molasses per gallon, one ninetieth of a dollar,

Upon Cocoa and Coffee per pound, one ninetieth of a dollar,

Upon all other goods, a duty of jive per cent, ad valorem at the

time and place of importation.

Provided, That none of the said duties shall be applied
to any other purpose than the discharge of the interest
or principal of the debts contracted on the faith of the
United States for supporting the war, agreeably to the
resolution of the sixteenth day of December last, nor be
continued for a longer term than twenty-five years ; and
provided that the Collectors of the said duties shall be
appointed by the States within which their Offices are to
be respectively exercised ; but when so appointed, shall
be ameanable to and removeable by the United States in
Congress assembled, alone ; and in case any State shall
not make such appointment within one month after notice
given for that purpose, the appointment may be made by
the United States in Congress assembled.

1786. — Chapter 17. 39

That it be further recommended to the several States,
to establish for a term limited to twenty live years, and to
appropriate to the discharge of the interest and principal
of the debts contracted on the faith of the United States
for supporting the war, substantial and effectual revenues,
of such nature as they may judge most convenient, for
supplying their respective proportions of one million Jive
hundred thousand dollars annually, exclusive of the afore-
mentioned duties, which proportion shall be fixed and
equalized from time to time, according to the rule which
is or may be prescribed by the articles of confederation ;
and in case the revenues established by any State, shall
at any time yield a sum exceeding its actual proportion,
the excess shall be refunded to it ; and in case the reve-
nues of any State shall be found to be deficient, the imme-
diate deficiency shall be made up by such State with as
little delay as possible, and a future deficiency guarded
against by an enlargement of the revenues established ;
provided, That until the rule of the confederation can be
carried into practice, the proportions of the said one mil-
lion five hundred thousand dollars, shall be as follows, viz.

New Hampshire, Fifty two thousand seven hundred and eight.

Massachusetts, Two hundred tioenty four thousand, four hundred
and twenty seven.

Rhode Island, Thirty two thousand, three hundred and eighteen.

Connecticut, One hundred thirty two thousand and ninety one.

New York, One hundred twenty eight thousand, two hundred and
forty three.

New Jersey, Eighty three thousand, three hundred and fifty eight.

Pennsylvania, Two hundred five thousand, one hundred and eighty
nine.

Delaware, Twenty two thousand, four hundred and forty three.

Maryland, One hundred forty one thousand, five hundred and
seventeen.

Virginia, Two hundred fifty six thousand, four hundred and eight)/
seven.

North Carolina, One hundred nine thousand and six.

South Carolina, Ninety six thousand, one hundred and eighty three.

Georgia, Sixteen thousand and thirty.

The said last mentioned revenues to be collected by
persons appointed as aforesaid, but to be carried to the
separate credit of the States, within which they shall be
collected.

That an annual account of the proceeds and application
of all the aforementioned revenues, shall be made out and
transmitted to the several States, distinguishing the pro-
ceeds of each of the specified articles, and the amount of

40 1786. — Chapter 17.

the whole revenue received from each State, together with
the allowances made to the several Officers employed in
the collection of the said revenues.

That none of the preceding resolutions shall take effect
until all of them shall be acceded to by every State, after
which unanimous accession, however, they shall be con-
sidered as forming a mutual compact among all the States,
and shall be irrevocable by any one or more of them,
without the concurrence of the whole, or of a majority
of the United States in Congress assembled.

And whereas Congress, on the twenty-ninth day of
April, one thousand seven hundred and eighty three,
made an Estimate of the Revenue of the Impost, in the
words folloioing :

An Estimate of the Produce of the Impost on imported
Articles.
Estimate of the Before the war the exports from Great Britain to

revenue of the , . i ,

impost, made by America, were estimated at three and a half millions,
29thSAprii0)Ii"83e sterling, in which was included Tea ; but there were
importations from Ireland and Scotland, as well as from
Holland, not included in that estimate. It is now thought
best to estimate the Imports of all goods from Europe,
exclusive of Tea, Brandy and Wine, at three million, five
hundred thousand pounds, sterling, at four shillings and
six pence per dollar, is fifteen million, five hundred fifty
five thousand five hundred and fifty four Dollars.

Dollars. 90M.S

Impost of Jive per cent, ad valorem, . . . 777,773
On 2,000,000 Gallons of Rum and other spirits, three

ninetieths per gallon, .... 66,666 60

100,000 ditto Madeira Wine, twelve ninetieths of

a dollar, ...... 13,333 30

600,000 ditto other Wine, six ninetieths, . . 40,000
300,000 lb. Bohea Tea, six ninetieths, . . . 20,000
25,000 ditto other Teas, twenty-four ninetieths, 6,666
75,000 cwt. Sugar, including Loaf, fifty six nine-
tieths, ....... 46,666

200,000 lb. Coffee and Cocoa, one ninetieth, . 2,222

2,000,000 Gallons Molasses, one ninetieth, . . 22,223

995,550
Deduct for collection about eight per cent. . . 79,594

Net revenue upon this estimate, .... 915,956

There are no precise data from which this computation
could be made with any degree of certainty. The number

1786. — Chapter 17. 41

of inhabitants has governed in part, and the imports of
particular articles into the Port of Philadelphia, have been
attended to. The exactitude of the computation is of the
less consequence as the Act of the 16th of December 1782,
provides that if the revenue shall at any time exceed the
annual interest, the residue shall form a sinking fund for
the discharge of the principal ; and if it shall be found
insufficient, the States will be called upon to enlarge their
grants of revenue.

And Whereas Congress, on the fifteenth of February
last, accepted a Report of a Committee, and adopted
sundry Resolutions, in the words following :

Report,
That in pursuance of the above reference, they have Report of com-
carefully examined the Acts of the several States, relative gress, accepted
to the general system of revenue recommended by Con- toem^nPthei6ih
gress, on the eighteenth of April, one thousand seven l^ebruury,
hundred and eighty three, and find that the States of
Delaware and North Carolina, have passed Acts in full
conformity with the several parts thereof, the former of
which States has inserted a proviso in their Act, restrain-
ing the operation thereof, until each of the other States
shall have made a like, and equally extensive grant ; that
the States of New Hampshire, Massachusetts, Connecticut,
New Jersey, Virginia, and South Carolina, have each
passed Acts complying with that part of the system,
which recommends a general impost, but have come to
no decision, on the other part, which proposes the estab-
lishment of funds, supplementary to, and in aid of the
general impost ; that the State of Pennsylvania, has
passed an Act complying with the recommendation of
the general impost, and in the same act has declared,
that their proportion or quota, of the supplementary
funds, shall be raised and levied on the persons and
estates of the inhabitants of that State, in such manner
as the Legislature thereof, shall from time to time direct,
with this proviso, that if any of the annual proportion
of the supplementary funds shall be otherwise raised and
paid to the United States, then such annual levy or tax,
shall be discontinued : The Committee conceive that this
clause is rather an engagement that Pennsylvania will
provide adequate supplementary funds, than an actual
establishment thereof; nevertheless, the act contains a
proviso, restraining its operation, until each of the other

42 1786. — Chapter 17.

States shall have passed laws in full conformity with the
whole of the revenue system aforesaid : The Committee
farther rind that the State of Rhode Island has passed an
act on this subject, but so different from the plan recom-
mended, and so wholly insufficient, that it cannot be con-
sidered as a compliance with any part of the system sub-
mitted for their adoption ; that the State of Maryland
passed an act in One thousand seven hundred and eighty
two, and a supplement thereto, in seventeen hundred
eighty four, complying with the recommendation of Con-
gress of the third of February ', Seventeen hundred eighty
one, which recommendation is not compatible with, and
was relinquished by the resolves of Congress of the eigh-
teenth of April, seventeen hundred eighty three ; but that
neither the State of Maryland, New York nor Georgia,
has passed any act in pursuance of the system of the
eighteenth of April, Seventeen hundred and eighty three.

From this statement it appears, that seven States, viz.
New Hampshire, Massachusetts, Connecticut, New Jersey,
Virginia, North Carolina, and South Carolina, have
granted the impost in such manner, that if the other six
States had made similar grants, the plan of the general
impost might immediately begin to operate; that two"
other States, viz. Pennsylvania and Delaware, have also
granted the impost, but have connected their grants with
provisos, which will suspend their operation until all the
other States shall have passed laws in full conformity with
the whole of the revenue system aforesaid ; that two only
of these nine States, viz. Delaware and North Carolina,
have fulty acceded to that system in all its parts ; and that
the four other States, viz. Rhode Island, New York,
Maryland and Georgia, have not decided in favour of any
part of the system of revenue aforesaid, so long since, and
so repeatedly presented by Congress for their adoption.

The Committee have thought it their duty, candidly to
examine the principles of this system, and to discover if
possible, the reasons which have prevented its adoption ;
they cannot learn that any member of the confederacy
has stated, or brought forward any objections against it,
and the result of their impartial enquiries into the nature
and operation of the plan, has been a clear and decided
opinion, that the system itself is more free from well
founded exceptions, and is better calculated to receive
the approbation of the several States, than any other that
the wisdom of Congress can devise.

1786. — Chapter 17. 43

In the course of this enquiry, it most clearly appeared,
that the requisitions of Congress for eight years past, have
been so irregular in their operation, so uncertain in their
collection, and so evidently unproductive, that a reliance
on them in future, as a source from whence monies are to
be drawn, to discharge the engagements of the confed-
eracy, definite as they are in time and amount, would be
not less dishonorable to the understandings of those, who
entertain such confidence, than it would be dangerous to
the welfare and peace of the union : The Committee are
therefore seriously impressed with the indispensable obli-
gation that Congress are under, of representing to the
immediate and impartial consideration of the several
States, the utter impossibility of maintaining and pre-
serving the faith of the federal government, by temporary
requisitions on the States ; and the consequent necessity
of an early and complete accession of all the States, to the
revenue system of the eighteenth of April, seventeen hun-
dred eighty three.

Although in a business of this magnitude and impor-
tance to the respective States, it was natural to expect a
due degree of caution, and a thorough investigation of the
system recommended, yet the Committee cannot forbear to
remark, that this plan has been under reference for nearly
three years ; that during that period numerous changes
have taken place in the delegations of every State, but
that this system has received the repeated approbation
of each successive Congress, and that the urgency of the
public engagements at this time, renders it the unques-
tionable duty of the several States to adopt, without
further delay, those measures, which alone, in the judg-
ment of the Committee, can preserve the sacred faith of
this confederacy.

The following state of facts must convince the States
of the propriety of urging this system with unusual anx-
iety at this period.

Dollars. 90ths.
That the sum necessary to discharge the interest on

loans of the King of France, to the first of January,

1787, is 210,740 CO

For interest on certificates to foreign Officers, made

payable in France, to the first of January, 1787, . 22,370 0
For interest on the Spanish loan, to the 21st March,

1787, . . • 48,596 55

For interest on the Dutch loans, to the first June, 1787, 265,600 0

577,307 25

U 1786. — Chapter 17.

That although some of the objects of disbursement, are
in the year 1787, the periods at which they become due,
will shew the absolute necessity of an immediate provision
for them.

That notwithstanding some of the above sums do not
fall due until 1787, yet exclusive of the same, there will
be due on the French and Dutch loans, in that year, one
million two hundred fifty two thousand, nine hundred and
thirty eight dollars, and fifty seven ninetieths, and during
the nine succeeding years, that is, until the year one
thousand seven hundred and ninety seven, including the
payment of the interest and the partial reimbursements
of the capitals of the French and Dutch loans, the aver-
age sum of near one million of dollars annually ; for the
certain obtaining of which, at fixed periods, effectual
measures can no longer be delayed. More fully to
illustrate this subject, the Committee annex a schedule
of the French and Dutch loans, shewing the periods
of their redemption, with the annual interest payable
thereon, until their final extinction; in addition to the
above foreign demands, the interest on the Spanish loan,
and on the debts due to foreign Officers, must be pro-
vided for and annually paid : The amount of these annual
demands will be greatly increased by adding the annual
interest on the domestic debt, the whole of which is not
yet liquidated, and the aggregate whereof, will conse-
quently be enlarged beyond its last estimate.

The Committee contemplate, with great satisfaction,
the prospect of extinguishing a part of the domestic debt,
by the sales of the western territory of the United States ;
but a considerable time must elapse before that country
can be surveyed and disposed of; and the domestic cred-
itors, until that event, must depend for support on the
justice of their country : The revenue system, if adopted,
would afford this support, and enable Congress to fulfill
the public engagements with their foreign creditors. The
whole product of this system is appropriated for the pay-
ment of the principal and interest of the national debt,
and no part thereof can be diverted to other purposes.

That it has been the earnest wish of Congress, to pre-
vent the vast accumulation of foreign interest that now
exists, appears from their estimates and requisitions of the
twenty seventh of April, one thousand seven hundred and
eighty four, and the twenty seventh of September, one

1786.— Chapter 17. 45

thousand seven hundred and eighty five ; and the follow-
ing abstract, taken from the books of the treasury, of the
amount of monies brought into the federal treasury, in the
course of the four last years, viz, between the first of No-
vember, one thousand seven hundred and eighty one, and
the first of January, one thousand seven hundred and eighty
six, will shew the little success of requisitions, and demon-
strate the inadequacy of their products, to maintain the
federal government, and at the same time, to discharge
the annual public engagements.

Dollars. 90the.

The receipts of taxes from the first November, 1781, to
the first November, 1784, amount to . . . . 2,025,089 34

From the first November, 1784, to the first January,

1786, 432,897 81

Total, 2,457,987 25

Thus it is evident, that the sum of two million, four
hundred fifty seven thousand, nine hundred eighty seven
dollars, and twenty five ninetieths only, was received in a
space of more than four years, when the requisitions, in
the most forcible manner, pressed on the States, the pay-
ment of much larger sums, and for purposes of the highest
national importance. It should be here observed that the
receipts of the last foui'teen months, of the above period,
amount only to four hundred thirty two thousand, eight
hundred ninety seven dollars, and eighty one ninetieths,
which is at the rate of three hundred seventy one thousand,
and fifty two dollars, per annum, a sum short of what is
essentially necessary for the bare maintenance of the Fed-
eral Government on the most economical establishment,
and in time of profound peace.

The Committee observe, with great concern, that the
security of the navigation and commerce of the citizens
of these States from the Barbary powers, the protection
of the frontier inhabitants from the savages, the immediate
establishment of military magazines in different parts of
the union, rendered indispensable by the principles of
public safety, the maintainance of the federal government
at home, and the support of the public servants abroad,
each and all depend upon the contributions of the States
under the annual requisitions of Congress. The monies
essentially necessary for these important objects, will so
far exceed the sums formerly collected from the States by
taxes, that no hope can be indulged of being able, from

46 1786. — Chapter 17.

that source, to make any remittances for the discharge of
foreign engagements.

Thus circumstanced, after the most solemn deliberation,
and under the fullest conviction that the public embarrass-
ments are such as above represented, and that they arc
daily increasing, the Committee are of opinion that it has
become the duty of Congress to declare most explicitly,
that the crisis has arrived, when the people of these
United States, by whose will, and for whose benefit the
Federal Government was instituted, must decide whether
they will support their rank as a nation, by maintaining
the public faith at home and abroad ; or whether, for want
of a timely exertion in establishing a general revenue,
and thereby giving strength to the confederacy, they will
hazard not only the existence of the Union, but of those
great and invaluable privileges, for which they have so
arduously and so honourably contended.

Resolved, That Congress agree to the said report : And
to the End that Congress may remain wholly acquited
from every Imputation of a Want of Attention to the
Interest and Welfare of those whom they represent :

Resolved, that the requisitions of Congress of the 27th
of April, 1784, and the 27th of September, 1785, cannot
be considered as the establishment of a system of general
revenue, in opposition to that, recommended to the several
States by the resolves of Congress of the 18th of April,
1783.

Resolved, that the resolves of Congress of the 18th
of April, 1783, recommending a system of general rev-
enue, be again presented to the consideration of the
Legislatures of the several States which have not fully
complied with the same : that it be earnestly recommended
to the legislatures of New Hampshire, Massachusetts,
Connecticut, New Jersey, Pennsylvania, Virginia and
SouiJt Carolina, which have complied only in part with
the said system, completely to adopt the same; and to
the legislatures of the States of Rhode Island, JVew York,
Maryland, and Georgia, which have not adopted the said
system, either in whole or in part, to pass laws without
further delay, in full conformity with the same. But as
it is highly necessary that every possible aid should, in
the most expeditious manner, be obtained to the revenues
of the United States, it is therefore recommended to the
several States, that, in adopting the said system, they

1786. — Ohaptbk 17. 47

enable the United States in Congress assembled, to carry
into effect thai pari which relates to the impost, so soon
as it shall be acceded to.

Resolved, Thai whilst Congress, are denied the means
of satisfying those engagements, which they have consti-
tutionally entered into, for the common benefit of the
Union, they hold il their duty to warn their constituents,
that the most fatal Evils will inevitably flow from a breach
of public faith, pledged by solemn contract, and a Viola-
tion of those principles of justice, which are the only solid
basis of the honor and prospe'rity of nations. —

And whereas it clearly appears from the Acts and pro-
ceedings aforesaid:

First, That if the commercial importations of the
United State-, were equal at this time, to their impor-
tations previous to the war, the revenue would he bu1
Nine hundred and fifteen thousand, nine hundred and
fifty six dollars, which sum is much greater than may be
reasonably expected from this resource, under the present
circumstances of our commerce.

Secondly, Thai if the whole sum in the imposl estimate
could be collected, it would be inadequate to the payment
of the interest and instalments of the principal of the
French and Dutch loan-, whereon will be due in the year
1787, one million, seven hundred, fifty nine thousand two
hundred and seventy nine dollars, and twenty seven, nine-
tieths, and during the nine succeeding years, the average

sum of near one million dollars annually, exclusive of the

Spanish loan, and debts due. to foreign officers.

Thirdly, That altho Congress have been driven into the
temporary expedient of annual requisitions; yet they con-
sider them as wholly insufficient for the purpose of a
national revenue,; inasmuch a- no mode can by BUOh
requisitions be adopted to secure a punctual compliance
therewith. And whilst some of the State- make volun-
tary exertion.-, to comply with such requisitions, those
exertion-, have been, and must continue to be ineffectual
thro the want thereof in other State-.

Fourthly, Thai the several States having had three
years to deliberate on the revenue system, proposed by
Congress, the 18th of April, 1783, the Representatives
of the United States, after the most careful revision,
have solemnly declared, that this System is the best,
that the wisdom of Congress can devise : that the most

48 1786. — Chapter 17.

fatal evils will inevitably flow from a breach of public
faith : and that a delay to adopt a general revenue, will
hazard the existence of the Union.

Fifthly, That if the representations of Congress, which
have ever been consistent with truth, are in this instance
to be relied on, there is imminent danger of a dissolution
of the union, unless the revenue system which Congress
have proposed is speedily adopted : For if any one or
more of the States will not comply with the plan agreed
to by the joint Council of the whole, there is not the least
probability that twelve States will concur in any plan that
the thirteenth State shall accommodate to its own views
and inclinations.

Sixthly, That the adopting the revenue system in part,
will as effectually defeat it, as the rejecting it in whole ;
because such of the States as previous to the 15th of
February, 1786, and subsequent to that time have acceded
to the whole of the System, have made it a condition that
it shall be wholly complyed with by the other States
before it can be carried into effect ; and Congress have
declared that an early and complete accession of all the
States to the said revenue system, is indispensably neces-
sary.

Seventhly, That as Congress expressly declare, no part
of the revenue called for can be applied to any other pur-
pose than the payment of the principal and interest of the
national debt; should this be paid by the sale of lands,
or by any other mode, before the expiration of twenty
five years, the grant of the revenue must from the time
of such payment be void.

And whereas in an alternative, wherein this State
must comply with a federal plan for discharging the just
demands of the public creditors, or hazard a dissolution
of the Union, the State cannot hesitate to use every exer-
tion for fulfiling their engagements in the mode adopted
by the revenue system of Congress ; because justice,
honor, and good policy require a strict adherence to
those engagements, and the welfare of the Nation must
be promoted thereby : And because a dissolution of the
Union would be productive of a state of anarchy, which
must necessarily be followed by the establishment of an
arbitrary government, either foreign or domestic ; by the
devastation of the Country, and by a great expence of
blood and treasure : Therefore

1786. — Chapter 17. 49

Be it enacted by the Senate and House of Representa-
tives, in General Court Assembled, and by the Authority
of the same, That there he and there is hereby granted to GramtoCon-
the United States in Congress assembled, the sum of Two fermoAwenty.
hundred twenty four thousand four hundred and twenty conation.'011
seven dollars, annually, for the term of twenty five years,
from and after the beginning of the operation of this Act,
on this express condition, that the aforesaid sum, or such
part or proportion thereof as shall annually become due
from this Commonwealth, shall and may be paid in facili-
ties or certificates, which shall be issued by Congress, for
the interest or principal of the domestic debt, and shall
not be paid or demanded in any other way or manner.
Provided nevertheless, that if the revenue arising from the Proviso,
whole Impost be not sufficient to pay the annual interest,
and installments of the foreign debt, that then this Com-
monwealth's part or proportion of such deficiency be paid
in gold or silver Coin, which sum the Treasurer of this
Commonwealth for the time being, during the term afore-
said, is required and directed on receiving a Warrant from
the Governor and Council therefor, annually, to pay into
the Continental Treasury, or to such officer as shall by
the United States in Congress assembled be appointed to
receive the same. Provided always,

And be it further enacted, that the Grant aforesaid of reSTiated and
two hundred and twenty four thousand, four hundred and apportioned.
twenty seven Dollars , shall from time to time, be regulated
and apportioned by the rule, which is or may be pre-
scribed by the Eighth article of the confederation, agree-
ably to the provision made therefor in the said requisition
of Congress of the eighteenth of April, One thousand
seven hundred and eighty three.

Be it farther enacted by the Authoritii aforesaid, that in case of failure

... iiii ••! • 1 p • of payment for

it there shall be a failure of the payment as aforesaid, thespaceof one

, . ., (. .,, • ,i . {• ji • j. year, Congress

during the space of one year within the term of this grant, empowered to
there "shall be and there hereby is granted to the United [eh7;™?e?ollect
States in Congress Assembled, power to levy and collect
annually, for the use of the United States, a tax of Two
hundred twenty four thousand , four hundred and twenty
seven dollars, on the Polls and Estates within this Com-
monwealth, for that part of the twenty five years wherein
there shall be a failure of payment as aforesaid, subject
however to the same rule of apportionment as is pro-
vided in the aforesaid Grant ; and to be paid in manner

ments.

50 1786. — Chapter 17.

as aforesaid ; which tax shall be levied, apportioned,

assessed and collected from the several towns, districts

and plantations within this Commonwealth, in proportion

to, and on the same principles of the last Valuation, that

may have been taken by this Commonwealth ; a copy of

which valuation shall be transmitted to Congress for that

One Assessor & purpose. And it is further provided, that one Assessor

annuaT/ap-60 f()l' this ^tate> and one Collector for each County, of the

pointed by the saj({ rrax s}ja}] ije annually appointed by the General

General Court, » . .

amenable only Court of this Commonwealth, which Assessor and Col-
lector, when so appointed, shall be only amenable to, and
removable by, the United States in Congress Assembled,
in case of a And in case of the death, resignation, or removal of any
JfoTedby°dCeatb, such Assessor or Collector, a successor shall be respec-
&c. bow mied tively appointed, within thirty days after the United States
in Congress assembled shall give notice for that purpose,
by the General Court, if sitting, and if not, by the Gov-
Directionsto ernor and Council : And if in any case, the General Court,
selectmen and an(| tne Governor and Council shall neglect to supply a

Assessors re- . . . . ° . .

specting assess- Vacancy occasioned as aforesaid, within the term of thirty
days after notice as aforesaid, Power is hereby given to
the United States in Congress Assembled, to supply and
till the same with any Citizen, being a freeholder of this
Commonwealth : And the Assessor so appointed shall be
and he hereby is impowered to assess the several towns,
districts and plantations within this Commonwealth, in
proportion to the aforesaid valuation, and transmit to the
Selectmen or Assessors of each town, district and planta-
tion, respectively, a copy of such Assessment, within
thirty days from the making of the same. And the
several towns, districts, and plantations within this Com-
monwealth, are hereby empowered to levy and collect the
same. And the Selectmen and Assessors of each towm,
district and plantation, shall govern themselves in making
such assessment, by the rules prescribed by the last tax
Act that shall then be extant, and shall deliver to the
Constable or Constables, Collector or Collectors of their
town,' district or plantation, a copy of such Assessment,
with a Warrant annexed, impowering them to collect the
same, with directions to pay the amount of their list to
the Continental Collector, residing in the County where
such town, district or plantation lies; And shall also
transmit to the Continental Collector of their County,
the name of the Constable or Constables, Collector or

1786. — Chapter 17. 51

Collectors, to whom such Assessment is committed, with
the amount of the same.

And be it further enacted by the authority aforesaid,
That the Continental Collectors appointed as aforesaid, Continental coi-

. . *■*■ , ci lectors enipow-

are hereby authorized and impowered, in case any of the eredtomake
said Constables or Collectors shall refuse or neglect to estate of defi-
satisfy the same within twelve months after the aforesaid bies! &c.n8ta
Assessment was made on the Commonwealth, to make
distress on the Estate of such deficient Constable or Col-
lector, for such sum as shall appear to be due on his list,
and shall be invested with the same power, and be gov-
erned by the same rule in taking such Estate, as Sheriffs
now are in extending execution in favor of the Common-
wealth : And in case such deficient Constable or Collector
hath not Estate sufficient to pay and satisfy the amount
of his list, his town, district or plantation shall be held
to make up the deficiency. And in case the Selectmen
or Assessors of any town, district or plantation, shall
refuse or neglect to make and compleat such Assessment,
for the space of four months after the time the aforesaid
Assessment was made on the Commonwealth, such delin-
quent Selectmen and Assessors shall be chargeable with
the whole tax of their town, district or plantation; and
the said Tax shall be recovered by the Continental Col-
lector, in the same manner as is herein provided for
deficient Constables and Collectors. And in case such in case deficient
deficient Selectmen or Assessors have not estate sufficient Assessors have
to answer the apportionment of such Tax on their town, ficLnfdistre^s
district or plantation, the Continental Collector shall have may be made on

, . ■■ z- ,» anv inhabitant

power to make distress on the Goods and chattels ot any or inhabitants.

other inhabitant or inhabitants of such town, district or

plantation, in which case such inhabitants, other than such

deficient Selectmen, assessors, constables, or collectors,

having their property taken from them in consequence of

a deficiency as aforesaid, shall have and maintain an action

upon the case in any Court proper to try the same, and

shall recover twofold damages for the injury he or they

may have sustained in consequence of such distress. Pro- Proviso.

vided always, that the said Continental Collector shall

be confined, in the above granted powers, to the county

for which he is appointed, and in which he shall reside.

Provided, that no part of the said Tax shall be Applied to Tax, how ap-

any other purpose than the discharge of the interest and pUed' &c'

principal of the debts contracted on the faith of the United

52 1786. — Chapter 17.

States, for supporting the late War ; that all sums of
money, which may be raised by said Tax, shall be carried
to the particular credit of this Commonwealth ; and that
an annual account of the proceeds, and application of the
said tax shall be transmitted to this State, together with
the amount of the whole revenue received from each State,
arising from like supplementary funds, as also an account
of the allowances made to the several officers employed
in the collection of the said Revenue.

And be it further enacted by the authority aforesaid,
T\me ™.hfn this that this act shall be in force, and begin to operate as

act shall begin , ' & I

to operate, and soon as the United States in Congress Assembled shall

in force. notify the General Court of this Commonwealth, that all

the States in the Confederation have invested the United
States in Congress assembled, with a power to levy for
the use of the United States, certain duties upon goods
imported into the respective States, agreeably to the
requisition of the eighteenth of April, one thousand seven
hundred and eighty three ; and also shall give notice to
the General Court of this Commonwealth, that all the
other States in the Confederation have passed Acts, grant-
ing to the United States in Congress Assembled, supple-
mentary funds agreeably to the said Requisition, to be
appropriated in like manner, and for the term of twenty
five years, in the nature of a Grant, sacred and irrevocable
by any one or more of them, without the concurrence of
the whole, or a majority of the United States in Congress
assembled, unless in the mean time the General Court of
this Commonwealth shall provide some other adequate
fund, by Excise or otherwise, for the purpose aforesaid,
to the acceptance of the United States in Congress assem-
bled.

Proviso. Provided also, that the monies arising from the said

tax, and other monies that have been or may be appro-
priated for like purposes, be not sufficient to discharge
the principal and interest, before the said term of twenty
five years shall be expired. Provided also, and it is the
true intent and meaning of this act, that no part thereof
shall be in force or have any operation, only during the
term of the operation of the Acts granting to the United
States in Congress assembled, certain duties on goods
imported, agreeably to the requisition aforesaid.

Proviso. Provided also, that the Interest of such publick securi-

ties, comprized in the estimate of Congress, of the Domes-

1786. — Chapters 18, 19. 53

tic National debt, of the twenty ninth of April, 1783, as
are or may he in the Treasury of this Commonwealth, and
the property of the same, not exceeding, with the certifi-
cates mentioned in the first clause of this Act, this State's
proportion of the interest of the said Domestic debt, shall
be allowed and discounted by Congress in part payment
of this Grant. July 5, 1786.

1786. — Chapter 18.

[May Session, ch. 18.]

AN ACT EMPOWERING THE AGENTS APPOINTED BY THIS GOV- (JkaT). 18.
ERNMENT, TO DEFEND THE TERRITORY ON THE WEST SIDE ' 1 '

OF HUDSON'S RIVER, AGAINST THE CLAIMS OF THE STATE
OF NEW YORK, TO SETTLE THE CONTROVERSY RELATIVE
THERETO, OTHERWISE THAN BY A FCEDERAL COURT, IF
THEY SHALL JUDGE EXPEDIENT.

Whereas it appears that the Legislative of New York, Prearable-
have by their Act empowered the Commissioners by them
appointed for vindicating the right and jurisdiction of the
State of New York, against the claim of this Common-
wealth, to settle the controversy , otherwise than by afoederal
Court :

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the Agents or Commissioners appointed Agents em-

J ' c> i^i powered.

by this Government to defend the territory of this Com-
monwealth on the west side of Hudson's river against the
claim of the State of New York, or the major part of the
said Agents or Commissioners, be, and they are hereby
fully authorized and impowered to agree with the Agents
or Commissioners of the State of New York, and settle
the controversy respecting the territory aforesaid, by a
Foederal Court, as appointed by virtue of the Confedera-
tion, or otherwise, in such way and manner as they shall
judge will comport with justice, and the interest of this
Commonwealth. July 5, 1786.

1786. — Chapter 19.

[May Session, ch. 19.]

~ ChapAV.

AN ACT FOR NATURALIZING JONATHAN CURSON AND WILLIAM

OLIVER.

Whereas Jonathan Curson, late of Exeter, in Great Preamble.
Britain, now residing in Northampton, in the County of

1786. — Chapter 20.

Hampshire, in said Commonwealth, and William Oliver,
late q/'Bridport, in Great Britain, now residing in Bridge-
town, in the County of Cumberland, have petitioned the
General Court that they may be naturalized :

Be it therefore enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That the said Jonathan Curson and the said
William Oliver, upon their taking the Oath of Allegiance
to this Commonwealth, before two Justices of the Peace,
shall be deemed adjudged and taken to be free Citizens of
this Commonwealth, and entitled to all the liberties, priv-
ileges and immunities of natural born citizens.

And be it further enacted, that the Justices before whom
the said Jonathan Curson and William Oliver, may respec-
tively take the Oath aforesaid, shall return a certificate
thereof into the Secretary's office, to be entered on the
Records of this Commonwealth. July 7, 1786.

Chap. 20.

Preamble.

Boundaries.

Inhabitants
invented with
powers.

Justin Ely, Esq:
to call a meet-
ing.

1786. — Chapter 20.

[May Session, ch. 20.]

AN ACT TO DIVIDE THE SECOND PARISH OF THE TOWN OF
SPRINGFIELD, INTO TWO PARISHES.

Whereas for the greater convenience of attending the
public worship of God, it is found necessary, that that
part of the second Parish of the Town of Springfield,
which lieth on the west side of Connecticut river, should, be
made a separate and distinct Parish :

Be it therefore enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That the aforesaid part of said
Parish be and hereby is formed into a seperate and dis-
tinct Parish, and shall be called and known by the name
of the third Parish in West Springfield, and shall be
bounded as follows, viz. Easterly by Connecticut river,
northwardly by Northampton, westerly by Southampton,
and southerly by the first Parish of West Springfield.

And be it further enacted, that all the inhabitants within
the limits and boundaries aforesaid, shall be considered as
belonging to said Parish ; and they are hereby invested
with all powers, rights, privileges and immunities, which
other Parishes in this Commonwealth are invested with.

And be it further enacted, that Justin Ely, Esq ; be,
and hereby is impowered, to issue his Warrant to some

1786. — Chapter 21. 55

principal Inhabitant of said Parish, requiring him to notify
and warn the Inhabitants thereof, to meet at such time and
place, as by said warrant shall be duly specified, and then
and there choose such Officers as may be necessary to
manage the affairs of said Parish, and the inhabitants
qualified by Law to vote, being so assembled, shall be
and hereby are impowered to choose such Officers accord-
ingly. July 7, 1786.

1786.— Chapter 21.

[May Session, ch. 21.]

AN ACT FOR RENDERING THE DECISION OF CIVIL CAUSES, AS (JliaV 21.
SPEEDY, AND AS LITTLE EXPENSIVE AS POSSIBLE. 1 '

Whereas it is the duty of the Legislature, to provide Preamble.
means whereby the decision of civil causes should be as
speedy, and attended with as little expence to the citizens
of this Commonwealth, as the nature of things will admit:

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, That when any persons who may have a dispute when persons
of what nature soever, shall agree to have the dispute df/putesefued*
determined by referees, mutually chosen by the parties by referees, the

J i li i !• ' agreement shall

for the purpose, it shall, and may be lawful for the person besubscribed &
or persons making the demand in the action, to make out a(
a particular statement thereof, under his or their hands in
writing, and to lodge the same with some one Justice of
the Peace of the County in which the person or persons
making the demand may dwell ; and the said Justice of
the Peace upon application of the parties for the purpose,
shall make out an agreement to be annexed to the afore-
said demand, and to be by them or their lawful Agents or
Attornies, subscribed, and acknowledged, in substance as
follows.

Toivn of A. , in the County of S , 178

Know all men that A. B. of in the County of Form of the

(addition) and C. D. of in the County of ' (addi- a^reement-

tion) have agreed to submit the demand made by the said
A. B. against the said C. D. which is hereunto annexed
(and all other demands, as the case may be) to the deter-
mination of E. F. G. H. and I. K. the report of whom,
or the major part of whom, being made as soon as may be
to any Court of Common Pleas, to be holden in and for
the said County of S , judgment thereon to be final :

1786. — Chapter 21.

Form of the ac-
knowledgment.

Fees for milking
out the agree-
ment and ac-
knowledgment.

Determination
of referees to
be made to the
Court of Com-
mon Pleas.

Determ nation
may be made
known to the
parties, prior to
its being made
to the Court.

and if either of the parties shall neglect to appear before
the referees, after proper notice being given them of the
time and place appointed by the referees for hearing the
parties in this action, the referees shall have power to pro-
ceed ex parte. A. B.

C. D.

S. ss. 178 Then the above named A. B. and

C. D. personally appeared and acknowledged the above
instrument by them subscribed to be their free act.
Before me, l. M. Justice of the Peace.

And be it further enacted, that there shall be paid by
the person or persons making the demand in the action,
two shillings unto the Justice of the Peace, that may make
out the agreement, and take the acknowledgment thereof,
as aforesaid, which sum shall be added to the costs that
may arise in the action, for the determination of which,
the agreement and acknowledgment were made as afore-
said.

And be it further enacted by the authority aforesaid,
that the determination of the referees who may be ap-
pointed, agreeably to this Act, shall be made to the next
Court of Common Pleas, to be holden in, and for the
County in which the Justice of the Peace may have lived
at the time he issued the agreement as aforesaid ; and the
Court of Common Pleas to whom the report of the referees
may be made as aforesaid, shall have cognizance thereof,
in the same way and manner, and the same doings shall
be had thereon, as though the same had been made by
referees appointed by a rule of the same Court. And the
Justices of said Court to which a report shall be made by
referees appointed agreeably to this Act, shall be entitled
to three shillings for each report so made ; And the Clerk
of said Court for recording the same shall receive eight
pence.

And be it further enacted by the authority aforesaid
that where the parties shall agree that the determination
of the referees may be made known, prior to its being
made to the Court of Common Pleas as aforesaid, it shall
and may be lawful for the referees to make known the
determination to the parties, without its affecting in any
degree the validity thereof, and if the determination shall
be so made known to the parties, it shall and may be law-
ful for the party who may be found indebted agreeably to

1786. — Chapter 22. 57

the determination aforesaid, to discharge him or them-
selves therefrom, and thereby prevent any further process
thereon, by paying the same unto the person or persons
to whom it may be so awarded, and having his or their
receipt therefor on the back of the determination afore-
said ; in which case the determination and papers accom-
panying the same, shall be returned to the Court of Com-
mon Pleas, to be recorded by the Clerk of said Court, in
the same manner as though the money had not been paid
as abovementioned.

And be it further enacted, That the referees that may Power of ref-

• t • r i n i i erees appointed

be appointed in pursuance of this Act, shall be vested in pursuance of
with all the authority and power that referees have been,
or may hereafter be vested with, who have been, or shall
be appointed by a rule of Court. And witnesses shall be
summoned to appear before them and sworn, in the same
manner as is or may be prescribed by Law for summon-
ing witnesses before referees appointed by a rule of Court
as aforesaid. July 7, 1786.

1786. — Chapter 22.

[May Session, ch. 22.]

AN ACT TO PREVENT THE DESTRUCTION, AND TO REGULATE (JJia>h 22.
THE CATCHING OF THE FISH CALLED SALMON, SHAD AND I '

ALEWIVES IN KENEBEC RIVER, AND SEVERAL OTHER RIV-
ERS AND STREAMS IN THE COUNTIES OF CUMBERLAND AND
LINCOLN.

Wliereas it is highly necessary for the preservation of Preamble.
the Fish called Salmon, Shad and Aleioives, that the
natural, or a sufficient passage for the said Fish to pass,
be opened, and kept open, from the tiventieth dag of April
until the tenth dag of June, annually, in the several Rivers
and Streams in the Counties aforesaid.

Be it therefore enacted bg the Senate and House of Rep-
resentatives in General Court assembled, and by the au-
thoritg of the same, that no person or persons be allowed No person ai-
from and after the passing this Act, to build or erect anyeobstrucec
any mill dam, obstruction, or other incumbrance, or to tlon'&c-
continue such mill dam, obstruction, or other incumbrance,
as is already, or may hereafter be erected, in or across
any of the Rivers, streams, or branches hereafter men-
tioned or described, in the Counties of Cumberland, and
Lincoln, viz. Kennebec River, N~equasset Stream, SJteeps-

1786. — Chapter 22.

Penalty for
such offence.

No fish shall be
taken between
the 20th April
and 14th June,
annually.

No person al-
lowed to catch
Fish at any
time, within
two rods of any
sluice, &c.

Penalty for
such offence.

cut River, Bristol River, Muscongus, alias Medommock
River, St. Georges River and Penobscot River, Amaras-
coggin River and Presumscut River, and the several Riv-
ers, Streams and Branches centering to, running, issuing
or emptying into the same ; and if any person or persons
after the passing this Act shall build or erect any mill
dam, or obstruction whatever, or continue such mill dam
or obstruction, as is already or may hereafter be erected
or built in or across any of the Rivers, Streams or
Branches aforesaid, in which the said Fish did usually,
before such obstructions, go up to the Lakes and Ponds
to cast their spawn ; any person or persons so offending
(unless he or they do and shall actually provide and open,
and keep open, at their own expence, a good and suffi-
cient sluice-way and passage, for the said Fish to pass)
shall for each and every day such obstruction shall be
continued, between the twentieth day of April and the
tenth day of June, annually, forfeit and pay a fine not
exceeding six pounds, nor less than three pounds.

And be it further enacted by the authority aforesaid,
that no person or persons shall be allowed from and after
the passing this Act, to take or catch any Salmon, Shad
or Ale wives in any part of the said Rivers, or in any of
the streams or branches aforesaid, between the twentieth
day of April and the tenth day of June, annually, at any
other time than between sunrise on Monday and sunset
on Thursday, in each week.

And be it further enacted by the authority aforesaid,
that no person or persons shall be allowed, at any time
between the said twentieth day of April, and the tenth
day of June, annually, to catch any of the said Fish, or
set any sein, net, pot or other machine, for the purpose
of taking or catching any of the said Fish, within the dis-
tance of two rods of any sluice or passage way, left open
for the purpose of letting the said Fish pass up any of the
streams or branches aforesaid. And if any person or per-
sons shall take or catch any of the said Fish, or set any
sean, net, pot, or other machine, for the purpose of tak-
ing or catching any of the said Fish in any of the Rivers,
Streams or Branches aforesaid, on any day or night other
than is allowed by this Act, or within the distance of two
rods of any sluice or passage way, as aforesaid, he or they
so offending, shall forfeit for the benefit of the Town or
place where the offence is committed, the sean, net, pot

1786. — Chapter 22. 50

or other machine so used, — and pay a fine not exceeding
four pounds, nor less than ten shillings.

And be it further enacted by the authority aforesaid,
that no sean or net shall reach or extend more than one No seine or net
third part across any River or Stream where the same JL^m third6
shall or may be set, drawn or used, under the penalty of |.ccrosBanyrlver>
forfeiting the same ; and any person who shall refuse or
prevent the Committee, or any one of them, from measur-
ing any sean or net which shall be used for the purpose of
taking any of the said Fish, in any of the Kivers or Streams
aforesaid, shall forfeit and pay the sum of forty shillings.

And be it further enacted by the authority aforesaid,
that the several Towns and Plantations within the Coun- Towns, &c.bm-
ties aforesaid, to the westward of .Penobscot River bor- of the rivers,' tu
dering upon, or in which there are any of the Rivers or ^uxie, Inn™'
Streams aforesaid, including those Towns and Plantations *$a'^t ilVi^y1
adjoining or connected with any of the streams or branches observed.
on either side the same, that empty into the said Penob-
scot River, be, and they are hereby empowered and
directed at their annual meeting in March or April, for-
ever hereafter, to choose by written ballot or otherwise,
three or more suitable persons, as a Committee, whose
business it shall be, to see that this Act is duly observed
within the Town or Plantation where they respectively
belong ; and each person so chosen and accepting, shall
take an oath faithfully to discharge the duties required
of him by this Act ; and the said Committee so chosen
and qualified as aforesaid, or the major part of them, are
hereby empowered and directed to inspect the several Their power.
Rivers and streams within their respective districts, and
see that there is a sufficient passage ( for the said Fish to
pass,) open, and kept open, without obstruction, from the
twentieth day of April, until the tenth day of June, an-
nually, inclusive, and it shall be the duty of said Com-
mittee to make complaint of any and every breach of this
Act.

And be it further enacted by the authority aforesaid,
That where the owner or owners of any mill or mills, mill committee cm-

. J - - -p. '. powered to open

dam or other dams, erected in or across any ot the Rivers sluiceways, if

. P -Tine i the owners re-

or streams aforesaid, shall refuse or neglect to open or fuse or neglect,
continue open, sufficient sluice way or ways, in their mill
dams or other dams respectively, in every such case the
said Committee, or the major part of any of them, shall
within their respective districts, and they are hereby

1786. — Chapter 22.

Forfeiture when
towns neglect to
choose such
committee.

Whet any plan-
tation shall neg-
lect to choose
a committee,
those of any
adjoining town
may prosecute
any breach of
this act.

Fines and for-
feitures, how
recovered.

authorized and directed to cause the same to be done as
speedily as may be ; and the owner or owners of said dams
so neglecting or refusing upon notice given them or any
of them, by the said Committee, shall forfeit and pay a
sum equal to the reasonable expence of opening and con-
tinuing open any such sluice way or ways, with the addi-
tion 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 the said
Committee when acting in their official capacity, in doing
any business, matter or thing, agreeable to, or required
by this Act, shall not be considered as trespassers, or be
liable to any penalty or damage.

And be it further enacted by the authority aforesaid,
that each and every Town and plantation, required by
this Act to chuse a Committee for the purpose aforesaid,
that shall neglect to chuse such Committee, shall forfeit
and pay the sum of fifty pounds, for every such neglect,
one half thereof for the benefit of the said County, and
the other half thereof to the informer, which may be sued
for and recovered by any person or persons complaining
of the same ; and if an}^ person so chosen shall refuse to
serve in said office, unless he is chosen to some other
office, he shall forfeit and pay the sum of forty shillings,
for the use of the poor of such Town, to be recovered by
the Town Treasurer, and such Town shall proceed to a
new choice, and so toties quoties.

And be it further enacted, that when any Plantation
within the limits aforesaid, shall neglect to choose a Com-
mittee as aforesaid, in any such case the Committee of any
Town in the vicinity or nearest adjoining to the same,
may and are hereby empowered and directed upon infor-
mation, to prosecute any breach of this Act in such plan-
tation, as fully and amply as though the offence was com-
mitted in the Town, to which the said Committee belong.

And be it further enacted, that all fines and forfeitures
incurred by breach of this Act shall be recovered, by bill,
plaint, or information, in any of the Courts of record
within the said Counties of Cumberland and Lincoln,
proper to try the same ; and all fines and forfeitures, so
incurred by any offence committed against this Act (that
is not otherwise particularly appropriated) shall enure the
one moiety thereof to the poor of the town or plantation

1786. — Chapter 23. 61

where the offence shall be committed, and the other moiety
to him or them, who shall make information of the same.

Provided nevertheless , that nothing in this Act, shall be Proviso.
so construed, as to debar any person of the right to prose-
cute, and they are hereby authorized and empowered to
prosecute and pursue to final judgment and execution any
breach of this Act. And no person by reason of his being
one of the Committee (chosen and qualified as aforesaid)
shall be thereby disqualified from being a witness in any
prosecution for the breach of this Act.

And be it further enacted, That the Town Clerk in each SS^^Jj,
Town, and also the Clerk or one of the Assessors in each bythetown-

, , clerks.

Plantation required to choose a Committee as aforesaid,
is hereby directed to read this Act in a meeting of the
Town or plantation to which he belongs, in the month of
March or April, annually.

And it is further enacted by the authority aforesaid,
that an Act, intitled, "An Act for opening sluice ways Aformeract
in the mill dam or dams, which have or may be erected repeae
on Presumpscut River, in the County of Cumberland, and
upon any stream or streams which fall into the same
River," passed the fourteenth day of March, one thousand
seven hundred and eighty five, be, and it is hereby re-
pealed. July 7, 1786.

1786. — Chapter 23.

[May Session, ch. 23.]

AN ACT TO INCORPORATE THE PLANTATION CALLED STLVES- CJlClV 23
TER, INTO A TOWN BY THE NAME OF TURNER. ^'

Whereas it appears to this Court, that it would be pro- Preamble.
ductive of public good, and for the benefit of the inhabi-
tants and proprietors of the said plantation, that the same
should be incorporated into a Town :

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority
of the same, that the plantation called Sylvester, and in-
cluded within the boundaries described in this Act, to- Boundaries,
gether with the inhabitants thereof be, and they are hereby
incorporated into a town by the name of Turner: begin-
ning at a place in Androscoggin River, called crooked
repels, at a large tree marked 8, about six miles (as the
river runs) above Androscoggin great falls, which was
denominated in the confirmation of the Grant of the said

1786. —Chapter 24.

Vested with
powers.

Isaac Parsons,
Esq; to call a
meeting.

township, to the proprietors, dated June the twentieth,
one thousand seven hundred and sixty eight, " the easterly
corner of Bakerstown so called," from thence running
North sixty degrees west in the Northeasterly line of the
said Bakerstown, five miles and a half, to the northerly
corner thereof, thence running north twenty six degrees
east by that which at the abovesaid date was Province
land ten miles and one hundred and eighty rods to a stake
with stones about it, thence running by then province
land, south, sixty degrees east, three miles and two hun-
dred and fifty rods to a heap of stones by the said River ;
thence runing southerly by the said River to the bounds
first mentioned ; and the said town is hereby vested with
all the powers, privileges and immunities which towns
within this Commonwealth are entitled to, or by Law do
enjoy.

And be it further enacted by the authority aforesaid
that Isaac Parsons, Esq ; of New Gloucester be and he
hereby is empowered to issue his warrant to some princi-
pal 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 or April, annually. July 7, 1786.

1786. — Chapter 24.

[May Session, ch. 24.]

C/iap. 24. AN ACT IN ADDITION TO, AND FOR REPEALING CERTAIN PARTS
OF AN ACT, PASSED JULY THE SECOND, ONE THOUSAND,
SEVEN HUNDRED AND EIGHTY FIVE, INTITLED, "AN ACT
FOR REPEALING A LA.W OF THIS COMMONWEALTH, INTITLED.
AN ACT IMPOSING DUTIES ON LICENCED VELLUM, PARCH-
MENT AND PAPER, AND FOR IMPOSING OTHER DUTIES ON
CERTAIN PAPERS, COMMISSIONS, INSTRUMENTS AND PROC-
ESSES."

Preamble. Whereas, by said Act, certain Duties are laid on Poli-

cies of Insurance, Charter Parties and Bills of Lading,
but no sufficient provision is made for enforcing the pay-
ment of the same : Therefore

Be it enacted by the Senate and House of Representa-
tives, in General Court Assembled, and by the authority
of the same, That every Charter party, Policy of Insurance
and Bill of Lading, which is now or may hereafter be
written or engrossed within this Commonwealth, which

1786. — Chapter 25. 63

shall not be signed, as by said Act is required, by the first
day of September next or within two months from the
date of any such Charter party, Policy of Insurance or
bill of lading, shall be utterly void and of no effect what-
ever.

And whereas by said Act, certain duties are imposed on
every confession of a Judgment, before any Justice of the
Peace, and writs of execution thereon, which duties may
operate as a discouragement to the making of such confes-
sion of Judgment :

Therefore Be it enacted by the Authority aforesaid, That clause of a

*/ *s «/ •/ ' lornicr net

the clause of the said Act, imposing duties on any Con- repealed,
fession of Judgment before any Justice of the Peace, and
Writ of Execution thereon, be and it is hereby repealed.

July 7, 1786.

1786. — Chapter 255.

[May Session, ch. 25.]

AN ACT GRANTING LEAVE TO SAMUEL BARNARD, JUNR. JONA- (Jha7} 9K
THAN HOITAm) JOHN WILLIAMS, TO ERECT A BRIDGE OVER &'

DEERFIELD RIVER, BETWEEN DEERFIELD AND GREEN-
FIELD, IN THE COUNTY OF HAMPSHIRE.

Whereas application hath been made to this Court, for Preamble.
permission to build a Bridge over Deerfield river, between
Deerfield and Greenfield, at a place called Rocky-Moun-
tain; and it appearing that a Bridge in said place would
be of great public utility:

Be it therefore enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That for the purposes of reimburs-
ing to Samuel Barnard, junr. Jonathan Hoit, and John
Williams, their heirs, associates and assigns, the monies
expended or to be expended, in building and supporting
the said Bridge, a toll be, and hereby is granted and estab- Toil established,
lished for the sole benefit of the said Samuel Barnard,
junr. Jonathan Hoit and Jol in Williams, their heirs, asso-
ciates and assigns, according to the rates following, Viz.

For each foot passenger, or one person passing, one Rates of ton.
penny one third of a penny .

One person and horse, Two pence, two thirds of a penny.

Single horse cart, sled or sleigh, Four pence, two thirds
of a penny .

Sleigh, drawn by two or more horses, Six pence.

Single horse-chaise, chair or sulky, Six pence.

1786. — Chapter 25.

Coaches, chariots, phaetons and curricles, One shilling
and four pence.

All other wheel carriages, drawn by more than one
beast, One shilling.

Neat cattle and horses passing the said bridge, exclu-
sive of those ridden, or in carriages or teams, each, One
penny.

Swine and sheep, for each dozen, and at the same rate
for a greater or less number, Four pence.

And in all cases, the same toll shall be paid for all car-
riages 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 the toll gatherer shall not be
obliged at any time to open the gate or gates for any pas-
senger or passengers, until he is paid the rate or toll of
such passenger or passengers : and at all times, when the
toll gatherer shall not attend his duty, and from sun ris-
Gutes to be left ing to sun setting, on the Lord's day, the gate or gates
Lord's day, &c. shall be left open, and the said toll shall commence on the
first day of the first opening of the said Bridge for passen-
gers, and shall continue for, and during the term of fifty
years from the said day ; and for the space of seventy
years, next after the expiration of the said fifty years,
such toll shall be paid for the benefit of the persons, and
for the purpose before mentioned, as shall from time to
time, be approved of, and determined on, by the Court of
General Sessions of the Peace, for the County wherein
such Bridge shall be.

Provided nevertheless, that if at any time during the
continuance of the said term of fifty years, the County
road, now leading from the said Town of Deer field to
Greenfield, across the said river, shall be discontinued, or
shall not be kept and maintained in repair, no greater toll
shall thereafter be paid for passing the said Bridge, than
shall from time to time, be ordered and allowed by the
Court of General Sessions of the Peace for the said County,
any thing in this Act to the contrary notwithstanding.

And be it farther enacted by the authority aforesaid,
that the said Bridge shall be well built at least sixteen
feet wide, of sound and suitable materials, with a well
constructed, substantial pier in the middle, to be built
with stone, to be sixty five feet, at least, in length, and
thirty feet in width, and forty feet in height, and well

Toll, when to
commence, and
how long to
continue.

Proviso.

Bridge, how
constructed, &c

1786. — Chapter 26. 65

planked on the top, with stuff proper for such a Bridge,
and the abutments on each shore, built of a suitable height,
and with stone : and the proprietors shall keep the said Proprietors to

KGCD It lit fiTOOCi

Bridge in good, safe, and passable repair, for the term of repair.

one hundred and twenty years, and at the end of said

term of one hundred and twenty years, the said Bridge

shall be left in like repair, and shall revert to, and be the

property of the Commonwealth ; and if the proprietors

shall unreasonably refuse, or neglect to keep said Bridge

in such safe and passable repair, as aforesaid, on such

refusal or neglect being made to appear to the satisfaction in case of re-

^^ fusul or llGfflGCt

of the Justices of the Court of General Sessions of the no ton shall be
Peace, in the County where said Bridge shall be, it shall recelve
be in the power of the Justices aforesaid, to prohibit, and
forbid the proprietors aforesaid, from receiving any toll
from any person or persons, for the use of said Bridge,
until it is again put into such passable repair, as by the
same Justices shall be deemed sufficient : and if the pro-
prietors of said Bridge, or any of them, or any other per-
son, shall, during the time of such prohibition as afore-
said, be convicted before any Justice of the Peace, for the
same County, of receiving of any person or persons, any
toll or reward for the use of the said Bridge, the person
or persons, so convicted, shall forfeit and pay for each
offence, the sum of six shillings, one moiety thereof to
accrue to the person or persons complaining, the other
moiety to the use of the poor of the town of Deerfield.

And be it further enacted, That if the said proprietors Four years ai-
shall refuse or neglect for the space of four years, after pieat the bridge.
the passing of this Act, to build and compleat the said
Bridge, then this Act to be void and of no effect.

July 7, 1786.

1786. -Chapter 26.

[May Session, ch. 29.]

AN ACT IN ADDITION TO AN ACT, ENTITLED AN ACT TO PRE-
VENT DAMAGES BEING DONE UPON THE IMPROVED LANDS
ADJOINING TO CONNECTICUT RIVER, BY REASON OF TIMBER
BEING LEFT THEREON BY THE SPRING FLOODS; AND FOR
FIXING A TIME FOR THE OWNERS TO REMOVE IT; MADE IN
THE YEAR ONE THOUSAND SEVEN HUNDRED AND EIGHTY
ONE.

Whereas Captain Asahel Gunn, hath represented to this
•Court, that he sustains great damage by Timber which is

Chap. 26.

66 1786. — Chapter 27.

brought on to his Land in an Island, in Connecticut River,
lying between Deerfield and Montague, commonly known
by the na?ne of Smead's Island :

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 the aforesaid Act, and every clause
and thing therein contained, shall be extended to the afore-
said Island, commonly called Smead's Island, the Owner
or Owners thereof observing the injunctions contained in
said Act, and causing the marks on the Timber to be
recorded in the Book of Records of the Town of Montague.

July 7, 17S6.

1786. — Chapter 27.

[May Session, ch. 28.]

ChaV 27 AN ACT MAKING FURTHER PROVISION FOR THE SUPPORT OF
^ ' " THE SEVERAL LIGHT HOUSES IN 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 from and after the passing of this Act, there
shall be paid, by the Master or Owner of any Vessel, not
owned by some Citizen or Citizens of any of the United
States, on an entry being made thereof, at any Naval
Office within this Commonwealth, One shilling and four
pence, for each and every ton, Carpenter's measure, which
said Vessel may measure, and no more ; any Law or
Resolve to the contrary notwithstanding.

Be it further Enacted, that the Naval Officer for the
port, where any such Vessel shall enter, be, and he hereby
is empowered to measure, or cause to be measured, the
said Vessel, that the real tonage, where any doubt is had,
may be ascertained.

Be it further enacted, that all monies, arising by virtue
of this Act, shall be appropriated to, and for the support
of the several Light Houses in this Commonwealth.

July 8, 1 786.

1786. — Chapter 28. 67

Chap. 28.

1786. — Chapter 28.

[May Session, ch. 26.]

AN ACT FOR CONTINUING IN FORCE AN ACT MADE IN THE
YEAR OF OUR LORD, ONE THOUSAND, SEVEN HUNDRED
AND EIGHTY THREE, 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 PUR-
POSE," AND ALSO FOR CONTINUING IN FORCE ALL OTHER
ACTS MADE IN ADDITION TO, OR FOR THE EXPLANATION OF
THE SAID RECITED ACT.

Be it enacted by the Senate and House of Representa-
tives, in General Court Assembled, and by the Authority
of the same, That the above-recited Act, and all other Acts To continue in
made in addition 10, or for the explanation of the said
Act be, and they shall respectively continue in full force,
on and after the tenth day of July instant, for the term
of three years, any thing in the said Act or Acts to the
contrary notwithstanding. Provided, that the net reve- Proviso.
nue arising from the impost and excise, in consequence of
the revival of the said Acts, shall be equally distributed
amongst the holders of the publick securities of this Com-
monwealth, in proportion to the sums held by them re-
spectively, as near as may be; And that the said Acts
may be revised and altered any time before the expiration
of the term aforesaid.

And in order to introduce a free trade with the interior
parts of our neighbouring States :

Be it enacted That all excised Articles transported out Articles trans-
of this State, by land, that shall be bonded in office, as in tWa'stateVy
case of exportation by water, shall be free of excise; o^dse*!6 free
Provided the obligor produce a certificate at the period proviso,
mentioned in the Bond, particularizing the quantity and
quality of the Goods, under the hand and seal of a farmer
or Collector of Excise, or any of their several deputies or
other legal officer of the customs, in the State into which
the goods are transported, that the same are to his knowl-
edge brought into the said State, and entered with him,
and the excise duty secured thereon, agreeably to Law ;
and on receipt of such certificate, the Collector shall can-
cel the bond, and not otherwise. And all excised Articles
sent out of the State, by land, shall be registered in the

1786. — Chapter 29.

book with those which are exported by Water, Provided
nevertheless, that in any State where there are no officers
as aforesaid, a certificate shall be obtained from two Jus-
tices of the Peace, in the same State. July 8, 1786.

Chap. 29.

Inhabitants of
this 8tate may
have liberty to
discharge debts
due to citizens
of other States,
in paper bills
of the State to
which the cred-
itor belongs.

At liberty to
tender real or
personal estate
to citizens of
any State that
has made the
same a tender.

Xotes, bonds,
&c. endorsed to
citizens of this
State since the
passing of this
act, may be dis-
charged in the
same manner.

1786. — Chapter 29.

[May Session, ch. 27.]

AN ACT TO ENABLE THE CITIZENS OF THIS COMMONWEALTH,
TO DISCHARGE THE DEBTS DUE FROM THEM, TO THE CITI-
ZENS OF CERTAIN OTHER STATES, IN THE SAME MANNER
AS THE CITIZENS OF THOSE STATES ARE ENABLED BY LAW
TO DISCHARGE DEBTS DUE FROM THEM, TO THE CITIZENS
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 when any inhabitant of this Commonwealth
shall be sued, or have his person or estate taken by mesne
process, or in execution, for any debt or debts due to an
inhabitant of any State, that has emitted paper bills on
the faith of such State, he shall, and may have liberty to
pay such debts, and discharge such execution in the paper
bills of the State to which the creditor belongs ; and a ten-
der of such bills to the creditor, his attorney, or sheriff,
shall be a discharge of such execution, and be plead in bar
to any future suit for the recovery of such debts.

And be it farther enacted by the authority aforesaid,
that when any inhabitant of this Commonwealth, shall be
sued, or have his body or estate taken by mesne process,
or in execution, for any debt due to an inhabitant of any
State, that has made real or personal estate a tender for
the discharge of any debt or execution ; such person shall
have liberty to tender such real, or personal estate, in
payment of such debt, or in satisfaction of execution issued
against him, and a tender of such real or personal estate,
to the creditor, his attorney or sheriff, shall be a discharge
of such debt or execution, and be plead in bar to any
future suit or action, for the recovery of such debt; the
tender aforesaid to be subject however, to the same rules
and regulations, as in and by the laws of such State, are
or may be prescribed.

And be it further enacted by the authority aforesaid,
That when any obligation, note, or bond, payable to any
of the inhabitants of any of the States, herein before de-
scribed, has been, or shall be endorsed or assigned, to any

1786. — Chapter 30. 69

of the citizens of this Commonwealth, such obligation shall
be discharged in the same manner as is herein before pro-
vided, unless the endorsee or assignee, shall produce satis-
factory evidence to the Court, before whom the trial shall
be, that such indorsement, or assignment, was made be-
fore the passing the Act or Acts in the State where the
original creditor belongs, making paper bills or real or
personal estate, a tender as aforesaid. July 8, 1786.

1786. — Chapter 30.

[May Session, ch. 3U.]

AN ACT IN ADDITION TO AN ACT ENTITLED «' AN ACT FOR QJiap, 30.
INCORPORATING THE CONGREGATIONAL CHURCH IN THE r

TOWN OF CHARLTON, WITH CERTAIN OTHER INHABITANTS
OF THE SAID TOWN, INTO A DISTINCT PARISH.

Whereas by the said incorporating Act, it is provided,
that none but the Members of the Congregational Church
in the said Town of Charlton, and such other Inhabitants
of the said Town, " as shall in writing by them signed in
the Booh of the Records of the said Parish signify their
desire of belonging to the said Parish, together with all
their families and estates," shall be considered as belong-
ing to the said Parish: and whereas the Congregational
society, in the said Town, forming the present Parish,
have petitioned to this Court, that they may be authorized
and empowered to assess such of the Inhabitants of the said
Town, as usually attend the Public Worship in the said
Society, for the support of their minister, although they
should not sign their names as aforesaid. And it appear-
ing to this Court, that the provision made by the said In-
corporating Act, is inadequate to the purposes for which it
was intended: 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 said Congregational Parish in Charlton
be and it is hereby authorized to assess such of the Inhab-
itants of the said Town of Charlton, for the support of
the Minister of the said Congregational Society, as usually
attend the public Worship, under his Ministry (and not
belonging to any other Parish) in the same manner as the
inhabitants of the said Parish are by Virtue of the said
Incorporating Act assessed therefor, any thing in the said
Act to the contrary notwithstanding. July 8, 1786.

1786. — Chapter 31.

Chap. SI.

Preamble.

Treaty.

1786. — Chapter 31.

[September Session, ch. 1.]

AN ACT CONFIRMING A TREATY MADE WITH THE PENOB-
SCOT TRIBE OF INDIANS.

Wliereas by a resolve of the General Court of the sixth
day of July, in the present year, Benjamin Lincoln,
Thomas Rice, and Rufus Putnam, Esquires, were ap-
pointed Commissioners to treat with the Penobscot tribe
of Indians, respecting their claims to Lands on Penobscot
river : And whereas the said Commissioners did, on the
thirtieth day of August, in the present year, make report
of an agreement entered into, between them, the said Com-
missioners, and the said Penobscot tribe of Indians : which
report is in the words following ; viz.

It was agreed by the said Indians on their part, that
they would relinquish all their claims and interest to all
the lands on the West side of Penobscot river, from the
head of the tide up to the river Pasquataquiss, being about
forty three miles ; and all their claims and interest on the
east side of the River from the head of the tide aforesaid,
up to the river Mantaivomkeektook, being about eighty
five miles ; reserving only to themselves the Island on
which the old town stands, about ten miles above the head
of the tide, and those Islands on which they now have
actual improvements, in the said river, lying from Sunk-
haze river, about three miles above the said old town, to
Passadunkee Island inclusively, on which Island their new
town, so called, now stands. In consideration hereof,
WE, in the name and in behalf of the Commonwealth,
engage that the Indians should hold and enjoy in fee, the
Islands reserved as aforesaid, and the fee of two Islands
in the bay called and known by the name of Wliite Island
and Black Island, near Naskeeg Point: And WE further
agreed, that the lands on the west side of the River Penob-
scot, to the head of all the waters thereof, above the said
river Pasquataquiss, and the lands on the east side of the
river to the head of all the waters thereof, above the said
River Mantawomkeektook, should ly as hunting ground for
the Indians, and should not be laid out or settled by the
State or engrossed by individuals thereof: And WE fur-
ther agreed as aforesaid, to make the Indians a present of
three hundred and fifty blankets, two hundred pounds of
powder, with a proportion of shot and flints : Therefore,

1786. — Chapter 32. 71

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, that the agreement expressed in the report herein Agreement con-
before recited, be, and it is hereby ratified and confirmed
on the part of this Commonwealth ; and the Governor
with the advice of Council, is hereby authorized and em-
powered to appoint and commission some suitable person
to repair to the said Penobscot tribe of Indians, to carry
into execution the said agreement ; to deliver the blank-
ets, powder, shot and flints mentioned therein ; and to
receive from the said tribe of Indians a deed of relinquish-
ment in due form, of the lands mentioned in, and con-
formable to the said agreement ; and when the said deed
of relinquishment shall be executed as aforesaid, this Act
shall be considered as a compleat and full confirmation of
the agreement herein before recited, agreeably to the true
intent and meaning thereof. And a copy of this act,
under the signature of the Governor, with the seal of the
Commonwealth affixed, shall be delivered to the Indians
by such person as the Governor shall commission to exe-
cute this business. October 11, 1786.

1786. — Chapter 32.

[September Session, ch. 2.]

AN ACT FOR ESTABLISHING A MINT FOR THE COINAGE OF Ckct'D 32
GOLD, SILVER, AND COPPER. 1 '

Whereas the United States in Congress assembled, by Preamble.
their Resolve of the eighth day of August, in the present
year, have regulated the Alloy and Value of Coin; and
whereas the want of a sufficient circulating medium, ren-
ders it expedient, that a Mint should be erected and a quan-
tity of Coin be struck: Therefore,

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority
of the same, That there shall be a Mint erected within this Mint to be
Commonwealth, for the coining of Gold, Silver and Cop- erec
per ; and that all the Coin that shall be struck therein,
shall be of the same weight, alloy and value, and each
piece bear the same name, as is by the said Resolve of
Congress fixed and established.

And be it further enacted by the authority aforesaid,
that there shall be a quantity of Copper Coin struck, equal copper coin to
to the amount of seventy thousand Dollars, in pieces of

1786. — Chapter 32.

Govemour and
Council to ap-
point a person
to procure
necessaries, &c.

the two different denominations mentioned in the said
resolve, and inconvenient proportions; one of Avhich to
have the name Cent stamped in the Center thereof, and
the other Half Cent, with such inscriptions or devices as
the Governor with the advice of Council, may think
proper ; and the said Coin, when struck, shall be received
in all payments in this Commonwealth.

And be it further enacted, That the Governor, with the
advice of Council be, and he is hereby authorized and
empowered, to appoint some suitable person or persons,
to procure all the necessaries requisite to the compleating
of the said Mint, fit for coining, and to take due care that
the same be compleated as soon as may be, and also to
procure an able Assay Master, Stock, Workmen and what-
ever may be necessary for the actual coinage of Gold,
silver and Copper as before directed ; and the Governor
with advice of Council is hereby further empowered to
appoint some suitable person or persons to have the over
sight and inspection of the said Mint when completed,
and to see to the coinage of the Copper aforementioned,
and of the Gold and Silver that may be bought in for
Stock or brought in for coining — And the Governor with
the advice of Council, is hereby further empowered to
Rules and regu- establish proper rules and regulations, respecting the well
ordering and managing the business of the said Mint, for
the safe keeping the stock and Coin that may be kept
therein, and for securing the fidelity of all emplo3red in
the said Business. And the Inspector or Inspectors
appointed as aforesaid, shall, before he or they enter on
the business of said appointment, give bonds for the faith-
ful discharge of the duties of the appointment, with sure-
ties, to the Treasurer of this Commonwealth, in such sum
or sums as the Governor with advice of Council shall
direct.

And be it further enacted, That all the Gold, Silver and
Copper belonging to the Commonwealth, that may from
time to time be coined in the said Mint, so often as the
same shall amount to the value of one thousand Dollars,
Cointobedeiiv- shall be delivered by the said Inspector or Inspectors,
into the Treasury of this Commonwealth, he or they tak-
ing duplicate receipts therefor, one of which shall be
lodged in the Secretary's Office.

And be it further enacted, That the charge of erecting
and completing the said Mint, of Stock, Workmen, Offi-

lations to be
established

Inspectors to
give bonds.

ered into the
treasury

Charges to be
defrayed out of
said coin.

1786. — Chapter 33. 73

cers, and all other disbursements for carrying on the said
business of coining, shall be defrayed out of the said
Coin, by warrant from the Governor, with advice of Coun-
cil ; the Accounts relating to the said Mint, and the busi-
ness thereof, having been first attested by the Inspector
or Inspectors, and laid before the Council, examined and
approved. And if there should remain any sum or sums
of money arising from the said coinage, moie than is
necessary for the payment of the aforesaid expences, the
same shall be appropriated to the purpose of Stock for the Remainder.how
said Mint, unless the General Court shall otherwise order. approp

And be it further enacted, That the Inspector or Inspect- inspectors duty.
ors of the said Mint, shall from time to time lay before
the Governor and Council an account of their doings, and
state of the said Mint, that the same may be laid before
the General Court. October 17, 1786.

1786. — Chapter 33.

[September Session, ch. 8.]

AN ACT TO INCORPORATE THE PLANTATION CALLED STER- (J]ia7J 3^
LINGTON, IN THE COUNTY OF LINCOLN, INTO A TOWN BY ^ '

THE NAME OF UNION.

Whereas it appears to this Court, that it would be pro- Preamble.
ductive of public good, and for the benefit of the inhabitants
and proprietors thereof, that the plantation called Sterling-
ton, in the county of Lincoln, should be incorporated into
a town:

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, that the plantation called USterlington, and in- Boundaries.
eluded within the boundaries described in this Act,
together with the inhabitants thereof, be, and they are
hereby incorporated into a Town by the name of Union,
begining at the southeasterly corner thereof, being a
stake and stones ; thence bounding easterly on land belong-
ing to Waldo's heirs, by a line runing North west by north
eleven miles and eighty rods ; thence bounded northerly
by land supposed to belong to the Commonwealth, by a
line runing south west by west, five miles and twenty
four rods ; thence westerly by lands supposed to belong
to said Waldo's heirs, by a line runing south three miles
and two hundred rods ; thence on the same land, east,

1786. — Chapter 34.

Vested with
powers.

Waterman
Thomas, Esq.
io call a meet-
ing.

three miles and an half; thence south two miles and an
half and twenty rods ; thence bounded west on the town
of Warren, by a line runing east six miles and two hun-
dred and fifteen rods, to the bounds first mentioned ; and
the said town is hereby vested with all the powers, privi-
leges and immunities which towns within this Common-
wealth are entitled to, or by Law do enjoy.

And be it further enacted by the authority aforesaid,
That Waterman Thomas, Esqr ; be, and he hereby is em-
powered to issue his warrant to some 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 required
and empowered by Law to choose in the month of March
or April, annually. October 20, 1786.

Boundaries.

1786. — Chapter 34.

[September Session, ch. 4.]

Chan. 34. AN ACT F0R incorporating a part of templetox, and

^' A PART OF ATHOL, IN THE COUNTY OF WORCESTER, INTO

A TOWN BY THE NAME OF GERRY.

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 herein after described, viz. begin-
ning at Hubbardston line, where burnt shirt stream runs
out of said Templeton, thence steming said stream to a
maple tree, being the Southerly Corner of the second divi-
sion lot number forty seven thence running north thirty
degrees west to new Brook, so called, thence running
down said Brook to Royalslon line, thence West to Athol
line, being the Northwest corner of Templeton, thence on
said Athol line to Miller's River, thence down said River
to a brook, called Thousand-Sicre-meadotv-brook, thence
South westerly by the westerly corner of the hundred
acre lot number twenty two, thence straight to the most
westerly corner of said Templeton, thence by said Temple-
ton line to the place where it began, with the inhabitants
thereon dwelling, be, and they hereby are incorporated
into a town by the name of Gerry: And said town is
hereby invested with all the powers, privileges and im-
munities, to which any town within this Commonwealth

Invested with
powers.

1786. — Chapter 34. 75

is intitled, agreeably to the constitution and laws of this
Commonwealth.

And be it further enacted, That the inhabitants of the To pay their

• t rrt f x". i • c ii proportion of

said Town of Gerry shall pay their proportion ot all taxes an taxes.
already granted to be raised in the several towns from
which they were set off, and shall support all the Poor
who before the passing this Act, belonged to the towns
of Templeton and Athol, and now fall within the town of
Gerry, and no more.

And be it further enacted by the Authority aforesaid,
That all the publick property which heretofore belonged j^fte^to*
to the several Towns from which the said Town of Gerry ^Pleton and
is taken, shall still belong to said Towns of Templeton
and Athol respectively.

And it is further enacted, That Isaac Mirrick, with his Isaac Mimck &
estate, shall still belong to the town of Templeton, unless belong to Tem.
he shall at some time within one year from the passing i)letou'_un eB8
this Act, return a certificate into the Secretary's Office,
signifying his desire to belong to the Town of Gerry, in
which case he with his estate shall be considered as belong-
ing to the town of Gerry accordingly.

And be it further enacted, That Ebenezer Knight, Isaac |b0et^nit|h^e.
Ball, junr. Isreal Sprague, Benjamin Preston, Robert long to Athol,
Young, junr. and Zacheus Rich, with their polls and -pro
estates, shall belong to the Town of Athol, provided they,
or any of them, shall, wTithin nine months from the passing
this Act, return their names respectively into the Sec-
retary's Office, and signify their desire of belonging to the
same : And that Elias Sawyer, with his polls and estate,
shall belong to the town of Templeton, provided he shall
within nine months from the passing this Act, return his
name into the Secretary's Office, and signify his desire of
beloncjino- to the same.

And it is further enacted by the authority aforesaid,
That Hiram Newell, Esqr ; be, and hereby is impowered g^J^y,6"'
to issue his Warrant, directed to some principal inhabi- meeting,
tant, requiring him to warn and give notice to the inhabi-
tants of the said town of Gerry, to assemble and meet at
some suitable time and place in the said Town, to choose
all such Officers as Towns are required to choose at their
annual town meeting in the month of March or April
annually. October 20; 1786.

76 1786. — Chapters 35, 36.

Chap. 35.

1786. — Chapter 35.

[September Session, ch. 5.]

AN ACT, FOR THE ALTERING OF A CERTAIN CLAUSE IN AN
ACT, ENTITLED, "AN ACT, REGULATING THE EXPORTATION
OF FLAX SEED, POT ASH, PEARL ASH, BEEF, PORK, BAR-
RELED FISH, AND DRIED FISH."

Preamble. Whereas by said Act, no flax seed can be shipped or

exported out of this Commonwealth, but in cades contain-
ing seven bushels and one peck each, or half that quantity,
which is found injurious to this Commonwealth, therefore,
Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of

Clause the same, that the clause in said Act, respecting flax seed,

be so far altered, as that the casks in which flax seed may
be shipped or exported, shall contain seven bushels, or
half that quantity ; any thing in said act to the contrary
notwithstanding. October 20, 1786.

1786. — Chapter 36.

[September Session, ch. 6.]
AN ACT FOR THE CONFIRMING OF THE SECOND CHURCH IN

Chap. 36.

BOSTON, SO CALLED, IN THEIR TITLE TO CERTAIN LANDS.

Preamble. Whereas in consequence of the destruction of the building

known by the name of the Old North Meeting House in
Boston, the Society who formerly assembled there, and the
Society who assembled at the New Brick Church, so called,
in said Boston, have mutually united under the name of
the second Church in Boston, and have agreed that the
lands, tenements and hereditaments, formerly belonging to
each of said Churches respectively , shall henceforth be the
common interest and estate of said newly United Churches,
called the second Church in Boston : And whereas doubts
have arisen, whether such agreement is sufficient to enable
said second Church to make sale of such estate as formerly
belonged either to said New Brick Church, or to the Church
formerly assembled at said Old North Meeting House:
And whereas the Land on which the building aforesaid
formerly stood, and thereunto belonging, had been in p>os-
session of said Old North Church, before the Union of ore-
said, for more than one hundred years, but the Deed thereof
cannot be found:

Be it therefore Enacted by the Senate and House of Rep-

1786. — Chapter 37. 77

resentatives, in General Court Assembled, and by the Au-
thority of the same, That the Agreement aforesaid, made Agreement con-
between the Churches aforesaid, under the name of the
second Church in Boston, be, and hereby is confirmed ;
and said second Church in Boston, is hereby confirmed in
their title in the Land aforesaid, and in all the Estate,
Tenements and Hereditaments which at the time of mak-
ing such Agreement belonged to the churches aforesaid.
And be it further enacted by the Authority aforesaid,
That John Tudor, /Samuel Ridgway, and William Bell, cSiwchf^tht"
Deacons of said second Church in Boston, and their sue- successors, em-
cessors, forever, in that Office, by themselves, or together make sale of
with such Committee or other persons as the Society of
said second Church in Boston shall appoint, be, and hereby
are impowered and authorized to make sale of all or any
part of the aforesaid Lands, Tenements and Heredita-
ments, to such persons as shall purchase the same, in fee
simple, forever: And to make and execute good and suf-
ficient deeds in law of the same, or to lease or otherwise
dispose of the same in the name and behalf of the said
Second Church in Boston. October 23, 1786.

1786. — Chapter 37.

[September Session, ch. ".]

AN ACT FOR ESTABLISHING RULES AND ARTICLES FOR GOV- (JhctY)- 37.
ERNING THE TROOPS STATIONED IN FORTS AND GARRI- 1 '

SONS, WITHIN THIS COMMONWEALTH; AND ALSO THE MI-
LITIA, OR ANY PART THEREOF, WHEN CALLED INTO ACTUAL
SERVICE.

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, That the following Rules and Articles be, and Rules estab-
they hereby are established, and declared to be in force,
for governing all Troops stationed in Forts and Garrisons
within this Commonwealth ; and also the Militia, or any
part thereof, when called into actual service, viz.

Article First, all Officers and Soldiers shall dili- officers and

i i t • • -i -li /-v#T. r-i soldiers to at-

gently attend divine service : and all Officers and Soldiers tend divine
who shall unnecessarily absent themselves from, or behave "
indecently or irreverently at any place of divine worship,
shall, if commissioned Officers, be brought before a general
Court martial, there to be publikly and severely repri-
manded by the President ; if non-commissioned Officers

78 1786. — Chapter 37.

or soldiers, every person so offending, shall for the first
offence forfeit one shilling, to be deducted out of his next
pay ; for the second offence he shall not only forfeit a like
sum, but be confined twenty four hours ; and for every
like offence shall suffer and pay in like manner ; which
money so forfeited, shall be applied to the use of the sick
soldiers of the Troop or Company to which the offender
belongs.
™'iishm„enA for Art. Second. Whatsoever non-commissioned Officer

proiane oatns.

or soldier shall use any prophane .Oath or Execration,
shall incur the penalties expressed in the foregoing Arti-
cle : And if a Commissioned Officer be thus guilty of pro-
fane cursing or swearing, he shall forfeit and pay for each
and every such offence, four shillings.
o^ofr0disre-tor' Art. Third. Whatsoever Officer or soldier shall pre-
spectfui words. sume to use traitorous or disrespectful words against the
authority of the United States in Congress assembled, or
the Legislature of this Commonwealth ; if a commissioned
Officer he shall be cashiered ; if a non-commissioned Offi-
cer or soldier, he shall suffer such punishment as shall be
inflicted upon him by the sentence of a Court martial.
- — for con- Art. Fourth. Any Officer or soldier who shall behave

tempt or disre- ,.-,«., . \ r^

spect. himself with contempt or disrespect towards the Com-

mander in chief, or any General or commanding Officer
of the Troops or Militia of this Commonwealth, or shall
speak words tending to his hurt or dishonor, shall be pun-
ished according to the nature of his offence, by the judg-
ment of a Court martial.

Mutiny. Art. Fifth. Any Officer or Soldier who shall begin,

excite, cause or join in any mutiny or sedition, in the
Troop, Company or Regiment to which he belongs, or in
any other Troop or Company in the service of this Com-
monwealth, or in any party, post, detachment or guard,
on any pretence whatsoever, shall suffer such punishment
as by a Court martial shall be inflicted.

Punishment for Art. Sixth. Any Officer, non-commissioned Officer or

not using en- , -. 1 i • • ■%» •

deavours to sup. soldier, who being present at anv mutiny or sedition,

press the same. -1 ji j_ i • j_ j_ i " j. xi

doth not use his utmost endeavours to suppress the same ;
or coming to the knowledge of any intended mutiny, doth
not without delay give information thereof to his com-
manding Officer, shall be punished by sentence of a Court
martial according to the nature of his Offence.
oToffering'^o11-8 Art. Seventh. Any officer or soldier who shall strike
lence to supe- his superior Officer, or draw or lift up any weapon, or

nor omcers. L r ^ r 7

1786. — Chapter 37. 79-

offer any violence against him, being in the execution of
his Office, on any pretence whatsoever, or shall disobey
any lawful command of his superior Officer, shall suffer
such punishment, as shall, according to the nature of his
offence, be inflicted upon him by the sentence of a court
martial.

Art. Eighth. Any non-commissioned Officer or sol- Desertion.
dier, who shall desert or without leave from his command-
ing Officer, absent himself from the Troop or Company to
which he belongs, or from any detachment of the same,
shall, upon conviction thereof, suffer death, or such other
punishment as shall be inflicted by the sentence of a gen-
eral court martial.

Art. Ninth. Whatever Officer or soldier shall be con- Punishment for
victed of having advised or persuaded any other Officer or eiTtoVsfrt°
soldier to desert, shall suffer such punishment as shall be
inflicted by the sentence of a Court martial.

Art. Tenth. No Officer or Soldier shall use any re- : — forprovok-

•> ing speeches, or

proachtul or provoking speeches or gestures to another ; challenges.
nor shall any Officer or soldier presume to send a chal-
lenge to any person to fight a duel, upon pain, if a com-
missioned Officer, of being cashiered ; if a non-commis-
sioned Officer or Soldier, of suffering corporal punishment,
at the discretion of a Court martial.

Art. Eleventh. If any commissioned or non-commis- ?m£th^f!)er"
sioned Officer commanding a guard, shall knowinglv and fight, how pun-

• . ished

willingly suffer any person whatsoever, to go forth to
fight a duel, he shall be punished as a challenger ; and
likewise all seconds, promoters and carriers of challenges,
in order to duels, shall be deemed as principals, and be
punished accordingly.

Art. Twelfth. All Officers of what condition soever ^°^ftr0s em*
shall have power to part and quell all quarrels, frays and queii quarrels,
disorders, though the persons concerned should belong to
another Regiment, Troop or Company ; and either to
order Officers into arrest, or non-commissioned Officers
or Soldiers to prison, till their proper superior Officers
shall be acquainted therewith ; and whosoever shall refuse
to obey such Officer (though of an inferior rank) or shall
draw his sword upon him, shall be punished at the dis-
cretion of a general court martial.

Art. Thirteenth. Whatsoever Officer or Soldier shall ^KnCg«i?r
upbraid another for refusing a challenge, shall be consid- other for refus-

r S# & ». ing challenges.

ered as a challenger and punished accordingly.

1786. — Chapter 37.

Officers to keep
good order, and
redress abuses.

Punishment for
refusing.

Any officer
thinking him-
self wronged
by his colonel,
may complain
to the general.

Any inferior of-
ficer or soldier,
wronged by his
capt. may com-
plain to the col.

Punishment for
selling or wast-
ing ammuni-
tion.

for being

found one mile
from camp,
without leave.

Art. Fourteenth. Every Officer commanding in quar-
ters, garrisons or on a march, shall keep good order and
to the utmost of his power redress all such abuses or dis-
orders as may be committed by any Officer or soldier
under his command ; and if upon complaint made to him
of Officers or soldiers beating or otherwise ill treating any
person, or of committing any kind of riots to the disquiet-
inof the o-ood citizens of this or either of the United States,
he shall refuse or omit to see justice done on the Offender
or Offenders, and reparation made to the party or parties
injured, so far as the Offender's pay shall enable him or
them, he shall, upon proof thereof, be punished by a gen-
eral Court martial, as if he himself had committed the
crimes or disorders complained of.

Art. Fifteenth. If any Officer shall think himself to
be wronged by his Colonel, or the commanding Officer of
the Regiment, and shall, upon due application made to
him, be refused to be redressed, he may complain to the
General or commander in chief of the forces in service, in
order to obtain justice, who shall examine into the com-
plaint and see that justice be done.

Art. Sixteenth. If any inferior Officer or soldier,
shall think himself wronged by his Captain, or other Offi-
cer commanding the Troop or Company to which he
belongs, he may complain thereof to the commanding
Officer of the Regiment, who shall summon a regimental
Court martial, for the doing justice to the complainant;
from which Regimental Court martial either party, if he
thinks himself still aggrieved, may appeal to a general
court martial. But if, upon a second hearing, the appeal
shall appear to be vexatious and groundless, the person
so appealing shall be punished at the discretion of the said
General Court martial.

Art. Seventeenth. Whatsoever non-commissioned Offi-
cer or soldier shall be convicted at a Court martial, of
having sold, or designedly, or through neglect, wasted
the ammunition delivered out to him to be employed in
the service of this Commonwealth, shall, if a non-commis-
sioned Officer, be reduced to a private centinel, and if a
Soldier, shall suffer such punishment as shall be inflicted
upon him by a Court martial.

Art. Eighteenth. All non-commissioned Officers and
soldiers, who shall be found one mile from the camp with-
out leave in writing from their commanding Officer, shall

1786. — Chapter 37. 81

suffer such punishment as shall be inflicted on them by
the Sentence of a Court martial.

Art. Nineteenth. No Officer or Soldier shall be out of {^ini8ome"f for
his quarters or camp, without leave from his commanding quarters or
Officer, upon penalty of being punished according to the \t™Z\ w
nature of his offence, by the sentence of a Court martial.

Art. Twentieth. Every non-commissioned Officer and Soldiers to re-

, -.. iiij. i • j ,11 • tire to quarters

soldier shall retire to his quarters or tent, at the beating at the beating of
of the Retreat; in default of which he shall be punished l eretreat-
according to the nature of his offence, by the sentence of
a Court martial.

Art. Twenty First. No Officer, non-commissioned Punishment for
Officer or soldier shall fail to repair, at the time fixed, to the pu^"? |a°
the place of parade or exercise, or other rendezvous, rued** lhetlme
appointed by his commanding Officer, if not prevented by
sickness, or some other evident necessity ; nor shall go
from the said place of rendezvous, or from the guard,
without leave from his commanding Officer, before he
shall be regularly dismissed or relieved, on the penalty of
being punished according to the nature of his offence, by
the sentence of a Court martial.

Art. Twenty Second. Whatever commissioned Officer, — for being
shall be found drunk on his guard, party or other duty, gua?d orother"1
under arms, shall be cashiered for it ; and any non-com- duty'
missioned Officer or soldier so offending, shall suffer such
punishment as shall be inflicted by the sentence of a
Court martial.

Art. Twenty Third. Whatsoever Centinel shall be Centineis found
found sleeping upon his post, or shall leave it before he theTpostslhow
shall be regularly relieved, shall suffer such punishment, Punished-
as shall be inflicted by the sentence of a general Court
martial.

Art. Twenty Fourth. Any person belonging to the Punishment for
forces employed in the service of this Commonwealth, °a?sTa°armg8.
who by discharging of Fire Arms, drawing of Swords,
beating of Drums, or by any other means whatsoever,
shall occasion false alarms in camp, garrison or quarters,
shall suffer such punishment as shall be ordered by the
sentence of general Court martial.

Art. Twenty Fifth. Any Officer or soldier, who shall Punishment for

.,i «/./«/ ' quitting pla-

without urgent necessity, or without the leave of his toons, &c.
superior Officer, quit his Platoon or division, shall be
punished according to the nature of his offence, by the
sentence of a Court martial.

82 1786. — Chapter 37.

Punishment for Art. Twenty Sixth. No Officer or Soldier shall do vio-
or abufe'fo "per- lence or offer any insult or abuse to any person who shall
provi8ironf!&c. bring provisions or other Necessaries to the Camp, Garri-
son or quarters, of the forces of this Commonwealth, on
pain of suffering such punishment as a Court martial shall
direct.

— foraban- Art. Twenty Seventh. Whatsoever Officer or soldier
uraenogf an8te8nm shall abandon any post committed to his charge, or shall
gagemem. speak words inducing others to do the like in time of an

engagement, shall suffer death ; or such other punishment
as shall be inflicted by the sentence of a general Court
martial.

— for making Art. Twenty Eighth. Any person belonging to the
watchword. Forces in the service of this Commonwealth, who shall

make known the watch word to any person not intitled to
receive it according to the Rules and discipline of War,
or shall presume to give the parole or watch word differ-
ent from what he received, shall suffer death, or such
other punishment as shall be ordered by the sentence of
a general Court martial.
Punishment for Art. Twenty Ninth. Whosoever belonging to the
enemynwithe forces in the service of this Commonwealth, shall relieve
money, &c. ^e enemy with money, victuals or ammunition ; or shall
knowingly harbour and protect an enemy, shall suffer
such punishment as by the sentence of a court martial,
shall be inflicted.
Punishment for Art. Thirtieth. Whosoever belonging to the Massa-
wYtMheenenfy. chusetts forces, shall be convicted of holding correspond-
ence with or giving intelligence to the enemy, either
directly or indirectly, shall suffer such punishment as by
the sentence of a Court martial shall be inflicted.
Public stores Art. Thirty First. All public stores taken from the

the^onhe01 enemy by the forces in the service of this Commonwealth,
commonwealth. s]ia]j j)e secured for the use of the Commonwealth.
Punishment for Art. Thirty Second. If any Officer or Soldier shall

leaving posts, in V •> .

search of piun- leave his post or colours to go in search or plunder, he

shall, upon conviction thereof, before a general Court

martial, suffer such punishment as by the sentence of the

said court martial shall be inflicted.

Punishment for Art. Thirty-Third. If any commander of any Garri-

commanding of- son, fortress or post, shall be compelled, by the Officers

fleer to abandon . -. . i 1 • i L , ,i

or give up his or soldiers under his command, to give up to the enemy,
enemy. the or to abandon it, the commissioned Officers, non-commis-
sioned Officers or soldiers who shall be convicted of hav-

1786. — Chapter 37. 83

ing so offended, shall suffer death, or such other punish-
ment as shall be inflicted upon them by the sentence of a
Court martial.

Art. Thirl;/ Fourth. All sutlers and retainers to the sutlers and re-
camp, and all persons serving with the Massachusetts fo'ordlr^&c?'
Troops, in the field, shall be subject to orders according to
the rules and discipline of War.

Art. Thirty Fifth. If upon marches, guards, or in when different
quarters, different corps shall happen to join, or do duty eTd^sY'o'nVc^r'to'
together, the eldest Officer by commission there, on duty command-
or in quarters, shall command the whole, and give out
orders for what is needful for the service, regard being
always had to the several ranks of those corps, and the
posts they usually occupy.

Art. Thirty Sixth. If any Kegiments, Troops, or de- if detachments
tachments of horse or foot, shall happen to march with, are quartered
or be encamped or quartered with ;my bodies or detach- ^oops^he eid.
ments of other Troops, the eldest Officer, without respect estotucerto

*,. -, , command, with-

to corps, shall take upon him the command or the whole, out respect to
and give the necessary orders to the service.

Art. Thirty Seventh. A general Court martial shall Gen,e.rfcourts

J% o _ martial, — how

not consist of less than thirteen commissioned Officers, many members
and the President of such Court martial, shall not be the
commander in chief nor commanding Officer of the Troops
in service or Garrison, where the Offender shall be tried,
nor under the degree of a field Officer.

Art. Thirty Eighth. The members of Courts martial, Members, how
shall, when belonging to different corps, take rank, as is
herein before directed when on other duty.

Art. Thirty Ninth. Some person shall be appointed Members to be

■ sworn.

by the commanding Officer, who shall order the Court
martial to prosecute in the name of the Commonwealth of
Massachusetts; and in trials of Offenders, such person
shall administer to each member the following Oath :

You swear, that you will well and truly try and deter- Form of the
mine, according to your evidence, the matter now before
you, between the Commonwealth of Massachusetts and
the prisoner to be tried ; that you will duly administer
justice according to the rules and articles for governing
the Troops of the said Commonwealth, without partiality,
favour or affection ; anil if any doubt shall arise, which is
not explained by the said articles, according to your con-
science, the best of your understanding, and the custom
of war in like cases ; that you will not divulge the sen-

1786. — Chapter 37.

Person who
prosecutes, to
be sworn.

Form of the
oath.

In giving votes,
how to proceed,

Persons who
give evidence,
to be sworn.

Two thirds to
concur, when
sentence of
death is given.

Persons refus-
ing to give evi-
dence, how
punished.

Sentences to be
reported to the
commanding-
officer.

tence of the Court, until it shall be approved of by the
commanding Officer ; and that you will not, upon any
account, at any time whatsoever, disclose or discover the
vote or opinion of any particular member of the Court
martial, unless required to give evidence thereof, as a
witness by a Court of Justice, in a due course of Law.

So help you GOD.

Which oath being administered to the members of the
Court, the President shall administer the following Oath
to the person prosecuting as aforesaid.

You A. B. do swear, that you will not upon any ac-
count, at any time whatsoever, disclose or discover the
vote or opinion of any particular member of the Court
martial, unless required to give evidence thereof as a Wit-
ness, by a Court of Justice, in a due course of Law.

So help you GOD.

Art. Fortieth. All the members of a Court martial
are to behave with calmness and decency ; and in the
giving their votes, are to begin with the youngest in com-
mission.

Art. Forty First. All persons who give evidence be-
fore a Court martial, shall be examined upon oath, which
oath shall be administered by the President of the Court
martial, in the form following.

You swear, the evidence you shall give in the cause
now in hearing, shall be the truth, the whole truth, and
nothing but the truth. So help you GOD.

Art. Forty Second. No sentence of death shall be
given against any offender, by any general Court martial,
unless two thirds of the members shall concur therein.

Art. Forty Third. All persons called to give evidence
in any cause, before a Court martial, who shall refuse to
give evidence, shall be punished for such refusal at the
discretion of such Court martial.

Art. Forty Fourth. No Field Officer shall be tried by
any person under the degree of a Captain, nor shall any
proceedings, or trials be carried on, excepting between
the hours of eight in the morning and three in the after-
noon, except in cases which require an immediate example.

Art. Forty Fifth. No sentence of a court martial
shall be put in execution until after report shall be made
to the commanding Officer, where the Court martial shall
be held, and his orders be issued for carrying such sen-
tence into execution.

1786. — Chapter 37. 85

Art. Forty Sixth. The commissioned Officers in any Regimental
Regiment, may by the appointment of their Colonel or may beheld?
commanding Officer, hold regimental Courts martial, for
the enquiring into such disputes or criminal matters as
may come before them, and for inflicting corporal punish-
ment for small offences, and shall give judgment by the
majority of voices ; but no sentence shall be executed till
the commanding Officer (not being a member of the Court
martial) shall have confirmed the same.

Art. Forty- Seventh. No regimental Court martial To consist of

i ii i? i i n iy? • • not less than

shall consist of less than five Officers, excepting in cases five officers.
where that number cannot be conveniently assembled,
when three may be sufficient ; who shall likewise deter-
mine upon the sentence by the majority of voices.

Art. Forty E'uihth. Any officer commanding in a Fort, An>' command-

^ in£-OiiicGr or u

Castle, Barrack, or elsewhere, where the Corps under his fort, castle, &c.
command consists of detachments from different Regi- courts-maniai.
ments, or of an independent Company or Companies, may
assemble Courts martial for the trial of Offenders, in the
same manner, as if they were regimental, whose sentence
shall not be executed until it shall be confirmed by the
said commanding Officer.

Art. Forty Ninth. No person whatsoever shall use Penalty for dis.

i j • . i r. turbine courts-

nienacing words, signs or gestures, in the presence ot a martial.
Court martial, then sitting, or shall cause any disorder or
riot, so as to disturb their proceedings, on the penalty of
being punished at the discretion of the said Court martial.

Art. Fiftieth. To the end, that Offenders may be offenders, how
brought to justice, whenever any Officer or Soldier shall prevfoustouj*!
commit a crime deserving punishment, he shall by his
commanding Officer, if an Officer, be put in arrest ; if a
non-commissioned Officer or Soldier, be imprisoned, until
he shall be either tried by a Court martial, or shall be
lawfully discharged by proper authority.

Art. Fifty First. No Officer or Soldier, who shall be Not to continue

i. ■ i • • - lit i> l • in confinement,

put in arrest or imprisonment, shall continue in his con- more than eight
finement, more than eight days, or until such time as a day8.
Court martial can be conveniently assembled.

Art. Fifty Second. No Officer commanding a guard, An account of

•/«/. . O o ' the crime to be

or provost martial, shall refuse to receive or keep any given, at time
prisoner committed to his charge by any Officer belonging
to the forces of this Commonwealth ; which Officer shall
at the time of commitment, deliver an account in writing,
signed by himself, of the crime, with which the prisoner
is charged.

of corumitraen

1786. — Chapter 37.

Penalty for re-
leasing prison-
ers without
authority.

Provost mar-
tials &c re-
quired to give
in an account of
the names,
crimes, &c. of
prisoners.

Officers under
arrest, leaving
confinement, to
be cashiered.

Officers con-
victed of unbe-
coming behav-
iour, to be
discharged.

Massachusetts
artillery, to be
governed by the
aforesaid rules.

Courts martial
may consist of
their own offi-
cers, in some
cases.

No sentence of
death to be
passed, except
in cases ex-
pressed.

Art. Fifty Third. No Officer commanding a guard*
or provost martial, shall presume to release any prisoner
committed to his charge, without proper authority for so
doing, nor shall he suffer any prisoner to escape, on the
penalty of being punished for it, by the sentence of a
Court martial.

Art. Fifty Fourth. Every Officer or provost martial,
to whose charge prisoners shall be committed, is hereby
required, within twenty four hours after such commit-
ment, or as soon as he shall be released from his guard,
to give in writing, to the Colonel of the Regiment, to
which the prisoner belongs (where the prisoner is confined
upon the guard belonging to the said Regiment, and his
offence only relates to the neglect of duty in his own
corps) or to the Commander in chief, their names, their
crimes, and the names of the Officers who committed
them, on the penalty of his being punished for his disobe-
dience or neglect, at the discretion of a Court martial.

Art. Fifty Fifth. If any Officer under arrest, shall
leave his confinement before he shall be set at liberty by
the Officer who confined him, or by a superior power, he
shall be cashiered for such his offence.

Art. Fifty Sixth. Whatsoever commissioned Officer
shall be convicted before a General Court martial, of be-
having in a scandalous, infamous manner, such as is unbe-
coming the character of an Officer and a Gentleman, shall
be discharged from the service.

Art Fifty Seventh. All Officers, Conductors, Gun-
ners, Matrosses, Drivers, or any other person whatsoever,
receiving pay or hire, in the service of the Massachusetts
Artillery, shall be governed by the aforesaid rules and
Articles ; and shall be subject to be tried by Courts mar-
tial, in like manner with other Officers and Soldiers.

Art. Fifty Eighth. For differences arising amongst
themselves, or in matters relating to their own corps, the
Courts martial may be composed of their own Officers ;
but where a sufficient number cannot be assembled, or in
matters wherein other corps are interested, the Officers
of Artillery shall sit in Courts martial with the Officers of
other corps.

Art. Fifty Ninth. No person shall be sentenced to
suffer death, except in the cases expressly mentioned in
the foregoing Articles, nor shall more than thirty nine
stripes be inflicted on any Offender for any one offence.

1786. — Chapter 38. 87

Art. Sixtieth. The Field Officers of each and every Field-officers to
Regiment, shall appoint some suitable person, belonging ?o?ece\>rfines,8
to such Regiment, to receive such lines as may arise within &c'
the same, for any breach of any of the foregoing articles ;
and shall direct the same to be properly applied to the
relief of such sick, wounded or necessitous soldiers as
belong to such regiment ; and such person shall account
Avith such Officer for all fines received, and the application
thereof.

Art. Sixty First. All crimes not capital, and all dis- crimes not men-
orders and neglects, which Officers and Soldiers may be articles, may be
guilty of, to the prejudice of good order and military dis- Zanceofgm
cipline, tho' not mentioned in the foregoing articles, are
to be taken cognizance of by a general or regimental
Court martial, according to the na'ure and degree of the
oftencc, and be punished at their discretion.

Art. Sixty Second. Whenever any Officer or soldier Any officer or
shall be accused of a capital crime, or of having used vio- of a crime pun-

i ■,; -. rt> , / 1 ishable by the

lence or committed any onence against the person or known laws of
property of the good people of this or either of the United the land_
States, such as is punishable by the known laws of the
land, the commanding officer and officers of every regi-
ment, troop or party, to which the person or persons so
accused shall belong, are hereby required, upon applica-
tion duly made by or in behalf of the party or parties
injured, to use his utmost endeavours to deliver over such To be delivered
accused person or persons to the Civil Magistrate, and magistrate.01"
likewise to be aiding and assisting to the Officers of Jus-
tice in apprehending and securing the person or persons
so accused, in order to bring them to trial. And if any
commanding Officer or Officers shall willfully neglect, or
shall refuse upon the application aforesaid, to deliver over
such accused person or persons to the Civil Magistrate, or
to be aiding and assisting to the Officers of Justice in
apprehending such person or persons, such officer or offi-
cers so offending, shall be cashiered. October 24, 1786.

1786. — Chapter 38.

[September Session, ch. 8.]
AN ACT TO PREVENT ROUTS, RIOTS, AND TUMULTUOUS ASSEM- nJwn 3S
BLIES, AND EVIL CONSEQUENCES THEREOF. IsflUJJ. OO.

Whereas the provision already made by Law, for the Preamble.
preventing routs, riots and tumultuous assemblies, and the
evil consequences thereof, has been found insufficient:

88 1786. — Chapter 38.

Be it therefore enacted by the Senate and House of Rep-
resentatives , in General Court assembled, and by the au-
Prociamatiou to thorily of the same, that from and after the publication of

be made among ..»•/. i i /»

rioters. this Act, it any persons to the number or twelve, or

more, being armed with clubs, or other weapons ; or if any
number of persons, consisting of thirty or more, shall be
unlawfully, routously, riotously or tumultuously assem
bled, any Justice of the Peace, Sheriff or Deputy Sheriff
of the County, or Constable of the Town, shall among the
rioters, or as near to them as he can safely come, Com-
mand Silence, while Proclamation is making ; and shall
openly make Proclamation, in these or the like words :

Commonwealth of Massachusetts.
Form. By virtue of An Act of this Commonwealth, made and

passed in the year of OUR LORD, One thousand seven
hundred and eighty six, entitled, " An ACT for suppress-
ing routs, riots, and tumultuous assemblies, and the evil
consequences thereof," I am directed to charge and com-
mand, and I do accordingly charge and command, all per-
sons, being here assembled, immediately to disperse them-
selves, and peaceably to depart to their habitations, or to
their lawful business, upon the pains inflicted by the said
ACT.

GOD Save the COMMONWEALTH.

if the persons And if such persons, assembled as aforesaid, shall not

assembled do . \ ■ 1 • i c 1

not disperse, disperse themselves within one hour after proclamation
p~owerCeCd,8&™' made, or attempted to be made, as aforesaid, it shall be
lawful for every such officer to command sufficient aid,
and he shall seize such persons, who shall be had before a
Justice of the Peace ; and the aforesaid Justice of the
Peace, Sheriff or Deputy Sheriff, is hereby further empow-
ered, to require the aid of a sufficient number of persons
in arms, if any of the persons assembled as aforesaid shall
appear armed : And if any such person or persons shall
be killed or wounded, by reason of his or their resisting
the persons endeavouring to disperse or seize them, the
said Justice, Sheriff, Deputy Sheriff, Constable and their
assistants, shall be indemnified and held guiltless.

And be it further Enacted, that if any person, being
commanded by such Justice, Sheriff, Deputy Sheriff or
Constable, as aforesaid, shall refuse or neglect to afford
the assistance required, and shall be convicted thereof
upon the oath of either of the said Officers, so command-

1786. — Chapter 38. 89

inir, or other legal evidence, he shall forfeit and pay a sum Penalty for re-

P ' 7 77 • t t fusing to assist

not less than forty shillings, nor exceeding ten pounds, to the sheriff or
he recovered by indictment, or presentment, before the
Supreme Judicial Court, or any Court of General Sessions
of the Peace, according; to the aggravation of the Offence ;
to be paid into the Public Treasury, for the use of the
Commonwealth.

And Be it further enacted, that all persons, who for the Punishment for

/• i r> -r-k i i« i i unlawfully con-

space ot one hour atter Proclamation made, or attempted unuing together
to be made, as aforesaid, shall unlawfully, routously, riot- proclamation
ously and tumultuously continue together, or shall will- ^lade•
fully let, or hinder, any such Officer, who shall be known,
or shall openly declare himself to be such, from making
the said Proclamation, shall forfeit all their lands, tene-
ments, goods and chattels, to this Commonwealth, or such
part thereof as shall be adjudged by the Justices, before
whom such Offence shall be tried, to be applied towards
the support of the Government of this Commonwealth ;
and shall be whipt thirty nine stripes on the naked back,
at the Public whipping-post, and suffer imprisonment for
a term not exceeding twelve months, nor less than six
months ; and once every three months during the said
imprisonment, receive the same number of stripes on the
naked back, at the public whipping post as aforesaid.
And if any such person or persons, so riotously assembled,
shall demolish or pull down, or begin to demolish or pull
down, any dwelling house, or other house, or parcell
thereof; any house, built for public uses ; any barn, mill,
malt house, store house, shop or ship, he or they shall
suffer the same pains and penalties, as are before provided
in this Act.

Provided always, that where there shall appear any cir- Proviso,
cumstances, to mitigate or alleviate any of the offences
against this Act, in the judgment of the Court, before
which such offence shall be tried, it shall and may be law-
ful, for the Justices of such Court, to abate the whole of
the punishment of whipping, or such part thereof, as they
shall judge proper; any thing in this Act, to the contrary
notwithstanding.

And be it further enacted, that this Act shall be read, at ■5.me"w5B?1 ,,

• /~i /• *-* 1 o • /» i shall be

the opening of every Court of General Sessions of the read.
Peace, by the Clerk of the said Court, and at the anniver-
sary meeting of each town, within this Commonwealth, by
the town Clerk thereof, in March or April, annually :

90 1786. — Chapter 39.

And no person shall be prosecuted, for any offence con-
trary to this Act, unless prosecution be commenced within
twelve months after the offence committed.

October 28, 1786.

1786. — Chapter 3i).

[September Session, ch. 9.]

Chan 39 AN ACT' PR0VII)INg for the more easy payment of the

"' SPECIE TAXES, ASSESSED PREVIOUS TO THE YEAR ONE

THOUSAND SEVEN HUNDRED AND EIGHTY-FOUR.

Preamble. Whereas it appears from a statement of the Treasury,

That there is a considerable sum in specie, due on the out
standing Taxes, assessed previous to the year one thousand
seven hundred and eighty four: And whereas from the
great scarcity of cash, it is expedient, that some more easy
and convenient mode shoidd be adopted, for the speedy com-
pleating the collections thereof, than the mode heretofore
practised :

Be it therefore enacted, by the Senate and House of
Representatives, in General Court Assembled, and by au-

Towna&c. that thoritt/ of the same, That the inhabitants of the several

Are ueficieut

permitted to' Towns, Districts, and other places, in this Common-
due, in* theaspe8 wealth, who are deficient in the payment of the said
exepSreLed.icle8 Taxes, be, and they are hereby permitted to pay all the
balances due on the several specie Taxes which were
assessed previous to the year one thousand seven hun-
dred and eighty four, (including the balances which
remained due on the Beef Taxes) either in cash, or in the
several species of articles hereinafter expressed, in the
manner, at the several places, and the prices hereinafter
enumerated, and established at each, — to wit:
fefved^itThe At a Store, or other convenient place, to be appointed

town of Boston, in the Town of Boston, the following articles, at the
respective prices annexed thereto viz.

Good merchantable Beef, at twenty shillings per hun-
dred .

Good barrelled Beef, well salted and packed, according
to Law, at two pounds eight shillings per barrel.
Good merchantable Pork, at four pence per pound.
Good barrelled Pork, in barrels of two hundred and
twenty pounds each, well packed and salted, at three
pounds fifteen shillings per barrel.

1786. — Chapter 39. 91

Good merchantable indian Corn at four shillings per
bushel.

Good merchantable Wheat, at six shillings per bushel.

Good merchantable Rye, at five shillings per bushel.

Good merchantable Oats, at two shillings per bushel.

Good merchantable Barley, at four shillings per bushel.

Good Butter, at eight pence per pound.

Good Peas, at seven shillings per bushel.

Good Beans, at six shillings per bushel.

Good merchantable Pot Ash, at thirty three pounds per
ton.

Good merchantable Pearl Ash, at forty four pounds per
ton.

Good sole Leather, well tanned, at one shilling and four
pence per pound.

Good merchantable four-penny Nails, at three shillings
and nine pence per thousand.

Good merchantable six penny Nails, at five shillings
per thousand.

Good merchantable eight penny Nails, at seven shillings
per thousand.

Good merchantable ten penny Nails, at eight shillings
and six-pence per thousand.

Good merchantable twenty penny Nails, at fifteen shil-
lings per thousand.

Good, well dressed Flax, at ten pence per pound.

Good merchantable Sheeps Wool, at two shillings per
pound.

Good Walnut Wood, at fifteen shillings per cord.

Other good Wood, at twelve shillings per cord.

Good ranging Timber, well hewed, of equal dimensions
from end to end, board measure, at three shillings per
hundred feet.

Good clear pine Boards, at forty eight shillings per
thousand feet.

Good merchantable pine Boards, at thirty three shillings
per thousand feet.

Good merchantable white oak Hogshead Staves, at four
pounds ten shillings per thousand.

Good merchantable white oak Barrel Staves, at forty
five shillings per thousand.

Good merchantable red oak Hogshead Staves, at forty
five shillings per thousand.

Good Pine and Cedar Shingle-;, made according to Law,
at twelve shillings per thousand.

1786. — Chapter 39.

Articles afore-
said, except
wood and lum-
ber, may be re-
ceived at Salem
and other
places.

Good merchantable Cod Oyl, at forty eight shillings per
barrel .

Good Tow Cloth, yard wide, at one shilling and four
pence per yard.

Good Tow Cloth, three quarters of a yard wide, at one
shilling per yard.

Good merchantable white oak pipe Staves, at eight
pounds eight shillings per thousand.

Good Cod Fish proper for the Jamaica market, at eigh-
teen shillings per Quintal.

Good scale Fish (Hake and Haddock) at fourteen shil-
lings per quintal.

Alewives, well packed and salted, at fourteen shillings
per barrel.

Mackerel, well packed and salted, at thirty shillings
per barrel.

Good Bar Iron, the manufacture of this Commonwealth,
at twenty four shillings per cent.

Good Nail Rods, at forty shillings per cent.

Good two Inch White Oak Plank, at sixteen shillings
per hundred feet, and in that proportion for Plank of a
different thickness.

Good red oak Plank, at ten shillings and six pence per
hundred feet, and in that proportion for Plank of a differ-
ent thickness.

Good Hemp, the manufacture of this Commonwealth,
at fifty shillings per hundred.

Good merchantable Flour, made of good Wheat, the
growth of this Commonwealth, at twenty shillings per
hundred.

Good Flax Seed, at six shillings per bushel.

Good merchantable Tobacco, well cured and packed in
casks, according to Law, at thirty shillings per cent.

Good white Sperm Oil, at thirty pounds per ton.

Good Dripping Oil, at thirty pounds per ton.

Good Brown Oil, at twenty five pounds per ton.

Good Whale Bone, at two shillings and six pence per
pound

And the several articles aforesaid, except Wood, Tim-
ber, Boards, Plank, Staves and Shingles, may be received
at the stores to be established in the Towns of Salem and
JSFeivburj/ Port, at the same rate ; and at Stores to be estab-
lished at Bath, Portland, Biddeford, Berwick, Barnstable,
Plimouth, Hanover, Sherburne, in the county of Nan-

1786. — Chapter 39. 93

tucket, Edg avion, Bedfovd in the town of Dartmouth, and
Taunton, at the same rate.

And be it further enacted, that the several articles herein Articles here-
after mentioned, shall be received at the several prices ma" "^received
affixed thereto, at Stores to he established in the Towns of gtspringiieid,
Springfield, Northampton, Deerfield, Gveat Barring ton,
and Lane 'thorough, to wit.

Good merchantable Beef, at eighteen shillings per hun-
dred.

Good merchantable Pork, at three pence halfpenny per
pound.

Good Wheat Grain, at five shillings per bushel.

Good Rye Grain, at three shillings and six pence per
bushel.

Good Indian Corn, at three shillings per bushel.

Good Oats, at one shilling and six pence per bushel.

Good Peas, at five shillings per bushel.

Good Beans, at five shillings per bushel.

Good merchantable, well dressed Flax, at eight pence
per pound.

Good Wheat Flour, at sixteen shillings per cent.

Good bar Iron, at twenty four shillings per cent.

Good Tobacco, well cured, and packed in casks, accord-
ing to law, twenty five shillings per cent.

Good Sheeps Wool, at two shillings per pound.

Good Butter, at seven pence per pound.

Good merchantable Pot Ash, at twenty eight pounds
ten shillings per ton.

Good merchantable Pearl Ash, at thirty-nine pounds ten
shillings per ton

And on all Nails, the same price shall be allowed as is
allowed at the Store in the Town of Boston.

And the several prices hereinafter annexed to the re-
spective articles, shall be allowed thereon for such as shall
be received and deposited in Stores to be established in
the Towns of Shrewsbury, Gardner and Lunenburg — to
wit.

Good merchantable Beef, eighteen shillings per cent. .

Good Pork, three pence half penny per pound.

Good Rye Grain, four shillings and six pence per bushel.

Good merchantable Indian Corn, three shillings and four
pence per bushel.

Good Wheat, five shillings and four pence per bushel.

Good Beans, four shillings and six pence per bushel.

1786. — Chapter 39.

Commissary
General to pro-
vide stores in
places men-
tioned.

Good Peas, five shillings and four pence per bushel.

Good Oats, two shillings per bushel.

Good Barley, three shillings and four pence per bushel.

Good merchantable, well dressed Flax, nine pence per
pound.

And on all bar Iron, Nail Rods, Nails, Sheeps wool
and Tow Cloth, the same price as is allowed on those arti-
cles when delivered at the Store in Boston.

And the following prices shall be allowed on the several
articles hereinafter mentioned, to be received and deposited
in a Store to be provided in the Town of Concord, — to wit.

Good merchantable Beef, eighteen shillings per cent.

Good Pork, at three pence three farthings per pound.

Good Wheat Grain, at five shillings and nine pence per
bushel.

Good Rye Grain, at four shillings and six pence per
bushel.

Good merchantable Indian Corn, at three shillings and
nine pence per bushel.

Good Oats, at one shilling and ten pence per bushel.

Good Peas, at seven shillings per bushel.

Good Beans, at five shillings and six pence per bushel.

Good merchantable, well dressed Flax, at ten pence
per pound.

Good Wheat Flour, at eighteen shillings per cent.

Good merchantable Pot Ash, at thirty one pounds,
fifteen shillings per ton, and good Pearl Ash, forty two
pounds fifteen shillings per ton ; and the same prices shall
be allowed on all Nails, Bar Iron, Nail Rods, and Butter,
as is allowed for the same in the Town of Boston.

And be it further enacted by the authority aforesaid,
that the Commissary General be, and he is hereby author-
ised and directed, to provide a sufficient number of
Stores, to be under the direction of some judicious, faith-
ful persons (for whose fidelity the said Commissary Gen-
eral shall be accountable) for the safe storage of the
aforesaid enumerated articles, in the following places in
this Commonwealth, viz. — one in the Town of Boston,
one in the Town of Newbury Port, one in the Town of
Salem, one in the Town of Bath, one in the Town of
Portland, one in the Town of Biddeford, one in the Town
of Berwick, one in the Town of Barnstable, one in the
Town of Plimouth, one in the town of Hanover, one in
the town of Sherburne, in Nantucket, one in the Town of

1786. —Chapter 39. 95

Edgar town, one in the town of Dartmouth, one in the
town of Taunton, one in the Town of Springfield, one in
the Town of Northampton, one in the Town of Deerfield,
one in the Town of Great Earring ton , one in the town of
Lanesborough, one in the Town of Shreiosbury, one in
the Town of Gardner, one in the Town of Lunenburg ,
and one in the Town of Concord: — And the Commissary Commissary
General is hereby further directed, to receive any of the rect'edlo receive
aforesaid articles, which may be brought for that purpose, *!% anteiM.0™"
by any Collector or Constable, or by any other person,
who may be deficient in the payment of taxes as afore-
said, giving duplicate receipts therefor, expressing therein
the species and the amount of the several articles ; and he — to dispose
is hereby further directed, to dispose of the same in the °n maVrfe™6
manner hereinafter directed, for the benefit of this Com- directed-
mon wealth.

And be it further enacted that each Constable and constables au-

„ \ . ... iii ii-ii thoiized to de-

CollectOl' in this Commonwealth, be and he is hereby mand specific

authorised and directed, to demand and receive of the al

several persons named in their respective rate lists, of

whom money cannot be obtained, the full amount of all

the balances that remain due from the persons named as

aforesaid, of all the specie taxes which were assessed

previous to the year one thousand seven hundred and

eighty four, in any of the articles, and at the several rates

established by this act, in full discharge of such tax or

taxes ; and the said Collectors and Constables shall deliver — to deliver

the said articles to the Commissary General, or any per- coemmUsarythe

son by him appointed to receive the same, taking dupli- General-

cate receipts therefor, one of which shall be exhibited to

the Treasurer of this Commonwealth ; on receipt of which,

the said Treasurer shall discharge the said Collector or

Constable exhibiting the same, to the full amount of the

several articles therein mentioned. Provided always, Proviso.

That the said Collector or Constable exhibiting such

receipt, shall, at the same time, exhibit to the Treasurer

a certificate from the Selectmen or Assessors of such

town, district, or other place, certifying that they have

examined the collections of such Collector or Constable,

agreeable to Law, and the several sums by him or them

so collected, and the balances which remain uncollected at

the time of passing this Act, and expressing the sum

collected by such Collector on each tax ; and the sum that

appears from such certificate to have been collected by

1786. — Chapter 39.

Selectmen or
assessors, au-
thorized to de-
termine at what
store articles
shall be deliv-
ered.

Proviso.

Duty of the
Commissary-
General, or the
persons by him
appointed, pur-
suant to this
act.

any Collector or Constable before the passing of this act,
shall be demanded by, and paid to the Treasurer, in the
same way and manner as if this act had not passed ; and
the same mode shall be adopted in settling for executions
with the several Sheriffs.

And whereas by this Act it is made the duty of each
Collector or Constable, to deliver the several articles that
he or they may receive, in manner aforesaid, for the pay-
ment of taxes, to the store most convenient therefor:

Be it further enacted, that the Selectmen, and where
there are no Selectmen, the Assessors of the several
Towns, and other places in this State, be, and they are
hereby respectively authorised and required, to determine
at which store the same shall be delivered, giving prefer-
ence to the Store at or nearest to Boston, and to reduce
the price from the schedule hereinbefore affixed on each
article to be received in their Town, so far as to make a
reasonable compensation for the transportation of such
articles from their town to the place of delivery, and to
make a record thereof, and give a copy of such record to
the Collectors or Constables concerned in the collection of
such taxes in their Town, which price shall be the rate at
which the Constables or Collectors of their town may
demand and receive such articles. Provided nevertheless,
that if any person or persons, indebted for Taxes as
aforesaid, shall chuse to deliver any of the said Articles
to any Store directed by the Selectmen as aforesaid, or at
Boston, at the price set at such Store, rather than
make the deduction directed by the Selectmen as afore-
said, he or they may deliver the same to such Store, tak-
ing duplicate receipts therefor ; and the Constable or
Collector, on receiving one of those receipts, shall give
credit to the person exhibiting the same, to the amount
thereof.

Be it further enacted by the authority aforesaid, That
it shall be the duty of the Commissary General, or the
persons by him appointed pursuant to this Act, to receive
the said enumerated Articles, and take due care thereof,
that no loss accrue to the State ; and he is hereby further
empowered and directed to dispose of the same to the
best advantage, either in Cash, or for the orders which
have been, or may be drawn by the Treasurer on the
aforesaid Specie taxes ; and to render a just and accurate
account of all the articles, so by him received, and of the

1786. — Chapter 40. 97

quantity of each article disposed of, and of the respective
sums received on each, to the Governor and Council, if
sitting, otherwise to the Governor, once in three months,
at the least; and he is hereby further directed, to pay into
the Treasury once in three months, at the least, all the
monies and orders he has received for the said Articles,
taking duplicate receipts therefor, one of which to be
lodged in the Secretary's office.

And whereas the Treasurer has anticipated a part of the
said specie Taxes, by drawing orders on the several Col-
lectors, Constables and Sheriffs, to the amount of Sixty
four thousand pounds :

Therefore, Be it further enacted by the authority afore-
said, That the several persons in whose favor the said whoslfflvor or-
orders have been drawn, be, and thev hereby are allowed ders have been

-, , . , i'i i drawn, allowed

to receive any ot the said enumerated articles, at the to receive
price at which the same are set in the place where they articles!1 et
are deposited, in discharge of such orders ; and in case
the possessors of such orders, shall not chuse to receive
their pay in specific articles, they are hereby respectively
permitted, to return the said orders to the Treasurer ; and
the Treasurer is hereby directed, on receiving such
orders, to pay the amount of the same from the proceeds
of the several articles herein before enumerated, when
sold by the Commissary General. November 8, 1786.

1786. — Chapter 40.

[September Session, ch. 12.1

AN ACT TO BRING INTO THE PUBLIC TREASURY, THE SUM OF Chaj) 40
ONE HUNDRED AND SIXTY THREE THOUSAND, AND TWO ^'

HUNDRED POUNDS, IN PUBLIC SECURITIES, BY A SALE OF
A PART OF THE EASTERN LANDS; AND TO ESTABLISH A
LOTTERY FOR THAT PURPOSE.

Whereas by a speedy sale of the eastern lands belonging Preamble.
to this Commonwealth, for the public securities, the debt of
this Commonwealth, may be reduced; the burden of the
necessary taxes, diminished, and the settlement and im-
provement of the vacant lands greatly promoted: And
whereas the sale of the said lands may be facilitated by
establishing a public Lottery therefor: Wherefore,

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That a Lottery be, and hereby is granted

98 1786. — Chapter 40.

Lottery estab- and established for the sale of the following fifty town-
saie of 5o town- ships of land, in the County of Lincoln, each of the con-
ehipe. tents of six miles square, and laying between the rivers

Penobscot and Schuduc, by Lottery Tickets of sixty
pounds each, to wit. Townships number Seven, thirteen,
fourteen, fifteen, sixteen seventeen, eighteen, nineteen,
twenty, twenty one, twenty three, twenty four, twenty
five, twenty six and twenty seven, being fifteen Town-
ships in the east Division, so called ; and Townships, num-
bered from fourteen inclusive to forty three inclusive,
being thirty Townships in the middle Division so called ;
and Townships, Number two, three, four, five and six, in
the northern Division, and southern range, so called. The
Boundaries. whole Tract bounded as follows, viz. Beginning at the
North West corner of Township Number eight, in the
aforesaid middle Division ; from thence running North,
thirty miles ; then East six miles ; then North six miles ;
then East thirty miles ; then South six miles ; then East
to Schuduc River; then down the middle of that River
(through the Schuduc Ponds) to the South East corner
of Township Number seven, in the East Division, being a
heap of Stones by a Rock Maple tree on the West bank
of Schuduc River, marked thus \ 1764 ; then south forty-
five degrees West, two miles one hundred eighteen rod,
to a heep of Stones and white Pine Tree marked, on the
North East side of Meddy-Bemps Lake or Pond, so
called ; then southerly through said Pond to the out-let
thereof, or beginning of Denney's River; then down the
middle of Denney's River, to a white Pine Tree on the
West bank thereof, marked for the North East corner of
Number ten in said East Division ; then south eighty one
degrees West, one mile one hundred rod, to a spruce
Tree the North West corner of Number ten ; then south
nine degrees East, seven miles, to the North line of Num-
ber twelve ; then south eighty one degrees West, to the
East line of Machias; then North ten degrees West, on
Machias line, to the North East corner thereof; then south
eighty degrees West, eight miles to the north West cor-
ner of Machias; then South ten degrees East, to the North
East corner of Number twenty two in said East Division ;
then South eighty degrees West six miles one hundred
and fifty rod to a Beach Tree, the North West corner of
Number twenty two on the East line of Number thirteen,
in the middle Division ; then North to the North East cor-

1786. — Chapter 40. 99

ner of said number thirteen ; then "West on the North line
of Number thirteen, twelve, eleven, ten, nine and eight,
to the first mentioned bounds.

Provided nevertheless that there be reserved out of each ProviBO-
Township, four lots of three hundred and twenty acres
each, for public uses, to wit, one for the use of a public
Grammar School forever one for the use of the Ministry,
one for the first settled Minister, and one for the benefit
of public Education in general, as the General Court shall
hereafter direct.

And be it further enacted by the authority aforesaid,
that two thousand seven hundred and twenty Tickets, be Number of
printed oft', and sold for sixty pounds each; and that the p\CinUd!°&c?
said fifty Townships, be delineated and numbered on a
plan or plans, to be made and entered in a Book for that
purpose ; and that the residue of the said Townships, after
making the reservations before mentioned, be divided into
as many lots, to be drawn as prizes, as there are Tickets,
and be numbered accordingly : and that there shall be one Number and
lot or prize of a Township, two prizes of half a Township value of prize8,
each ; four prizes of a quarter of a Township each ; six
prizes of three miles by two miles each ; twenty prizes of
two miles by two miles each ; forty prizes of three miles
by one mile each ; one hundred and twenty prizes of two
miles by one mile each ; four hundred prizes of one mile
square each ; seven hundred and sixty one prizes of one
mile by half a mile each ; and thirteen hundred and sixty
six prizes of half a mile square each ; reserving neverthe-
less, as is in this Act before mentioned ; making in the
whole, two thousand seven hundred and twenty lots or
prizes.

And be it farther enacted by the authority aforesaid,
That the several purchasers and proprietors of the Tickets Proprietors of
in the same Lottery, shall be intitled to have and hold to tuie^eciired?^
themselves, their heirs and assigns, forever, such prize
lots of the said fifty Townships, as may be drawn by their
Tickets respectively, upon producing the same to the Sec-
retary of the Commonwealth, within six months after
drawing the said Lottery ; and having the same registered
by him as is herein after provided : and such registry shall
enure and operate to all intents and purposes, as a grant
of the same lots respectively, on behalf of this Common-
wealth, to the Proprietor or proprietors of the Tickets so
drawing the same, without any other or further deed or

100

1786. — Chapter 40.

Managers ap-
pointed.

Managers to be
sworn.

An account of
prizes to be
published, &c.

Secretary to
register the
names, ^;c. of
proprietors.

Drawing, when
to commence.

writing whatever ; and an attested copy of such registry
shall be sufficient evidence of the Party's title to the
same.

And be it farther enacted by the authority aforesaid,
that the Hon. Samuel PJtillips, and Nathaniel Wells,
Esquires, and John Brooks, Leonard Jarvis and Rufus
Putnam, Esquires be and they hereby are appointed Man-
agers of the said Lottery ; and shall be sworn to the faith-
ful performance of their trust ; and that they procure the
said Tickets to be printed on good paper, and number
and check the same ; and that they lay down in a book
and number the townships and lots as aforesaid ; and that
they publish the foregoing scheme of this Lottery, in such
of the public News Papers, as they may judge best, in
order to promote a speedy sale of the Tickets. And that,
immediately on drawing the said Lottery, they publish
an account of the numbers and prizes in one of the public
News Papers, and forthwith return to the Secretary the
Book and plans aforesaid, of the said Townships and lots,
together with an account and list of the numbers and
prizes drawn by the respective numbers, in opposite
columns, fairly entered therein, and sign the same Book,
and annex their seals to their names respectively.

And be it further enacted by the authority aforesaid,
that when the proprietor of a ticket, shall produce the
same to the Secretary, the said Secretary shall enter and
register in the book, so to be returned to him by the Man-
agers, against the number of such ticket and the prize
lot it may have drawn, the name of such proprietor, with
the place of his abode, and his addition, in three distinct
columns, and certify the amount of the prize on the back
of such ticket, and deliver the same to the proprietor
thereof, if he shall request it, without demanding therefor,
any fee or reward.

And be it further enacted by the authority aforesaid,
that the said Lottery shall commence drawing in the town
of Boston, on the first Wednesday of March next, at fur-
thest ; and in case all the tickets shall be sold before the
said first Wednesday of March, that then the said Mana-
gers may, and shall proceed forthwith to draw the same ;
and such Tickets as may remain unsold on the said first
Wednesday of March, shall be the property of this Com-
monwealth, And the Managers aforesaid shall previous
to their beginning to draw the said Lottery, then deposit

1786. — Chapter 40. 101

the tickets which remain so unsold, in the Treasurer's
Office, with a list of their numbers respectively.

And be it farther enacted that the said Tickets may, and JJfdkf ** m„&£e
shall be sold, for the consolidated notes of this Common- securities, or
wealth, or for the public Securities of the United States,
called final Settlements, or for any other public securities
on interest of the United States, or of this Commonwealth,
or for silver and gold ; and the said Managers are hereby
directed accordingly. And in order to encourage the set-
tlement and improvement of the said land.

Be it further enacted by the authority aforesaid, that Lands drawn,

* , • exempted from

the said lots of land which shall be so drawn as prize, taxes, for

shall be exempted from every State or Continental land

tax, from the date hereof, during the term of fifteen years ;

and that no State or Continental tax on the polls of such Polls exempted.

persons as shall settle and reside on such lots as shall be

so drawn as prize, or on their estates actually within the

same, shall be levied or assessed for and during the term

of fifteen years from the date of this act.

And be it further enacted by the authority aforesaid,
that if any person shall forge, counterfeit or alter, or Penalty for

, . 11 •in» ii • j_ - x- 1a foraint; or coun-

knowingly and willfully act or assist in forging altering terfeitiug tick-
or counterfeiting any lottery ticket that shall be issued by etB-
virtue of this act ; or shall pass, utter, exchange or barter
any such altered, forged or counterfeited ticket, knowing
the same to be so forged, counterfeited or altered ; or
shall forge and counterfeit, or procure to be forged and
counterfeited, or knowingly and willfully act or assist, in
forging, altering or counterfeiting any letter of attorney,
or instrument, or the books of the said Managers, to
receive the benefit and advautage of any prize that may
be drawn in the said lottery, or to deprive the true and
lawful owner thereof; or shall knowingly and fraudulently
demand to have any prize ticket registered for his use, by
virtue of such counterfeit or forged letter of attorney or
instrument ; or shall falsely or deceitfully personate any
true and lawful proprietor of a ticket, thereby trans-
fering, or endeavouring to transfer, and convey the same,
or receiving, or endeavouring to receive, the benefit and
advantage thereof, as if such offender were the true and
lawful owner of the said ticket, in all or either of the
foregoing cases, the person so offending, and being thereof
convicted, before the Justices of the Supreme Judicial
Court, shall be fined not exceeding one thousand pounds,

102

1786. — Chapter 41.

Managers to
pay the money,
Sec. into the
treasury.

or less than one hundred pounds, or imprisoned not exceed-
ing twelve months ; or be sentenced to be publickly
whipped, not exceeding thirty-nine stripes ; or to set on
the Gallows with a rope about his neck, for the space of
one hour ; or to be branded, or be sentenced to hard labor,
pursuant to the act in such cases lately made and provided ;
or to suffer all or any of the said punishments, according
to the discretion of the said Justices, and the nature and
aggravation of the offence.

And be it further enacted by the authority aforesaid,
That the said Managers be and hereby are required, to
pay into the treasury of this Commonwealth, as they
receive the same, all such sums of money and securities,
as may be paid to them for tickets as aforesaid.

November 9, 1786.

1786.— Chapter 41.

[September Session, ch. 10.]

Char) 41. AN ACT F0R suspending the privilege of the writ of

1 ' ' HABEAS CORPUS.

Preamble. Whereas the violent and outrageous opposition, which

hath lately been made by armed bodies of men, in several
of the Counties of this Commonwealth, to the Constitu-
tional Authority thereof, renders it expedient and neces-
sary, that the benefit derived to the Citizens from the
issuing of Writs of Habeas Corpus, shoidd be suspended
for a limited time, in certain cases:

Be it therefore enacted, by the Senate and House of Rep-
resentatives, in General Court assembled, and by the Au-
thority of the same, That the Governor, with the advice
and consent of the Council, be and he hereby is author-
ised and empowered, by Warrant, under the Seal of the
Commonwealth, by him subscribed, and directed to any
Sheriff, Deputy Sheriff, or Constable, or to any other
person, by name, to command, and cause to be appre-
hended, and committed in any Goal, or other safe place,
within the Commonwealth, any person or persons what-
soever, whom the Governor and Council, shall deem the
safety of the Commonwealth requires should be restrained
of their personal liberty, or whose enlargement is danger-
ous thereto ; any Law, Usage or Custom to the contrary
notwithstanding.

And be it further enacted by the Authority aforesaid,

Governour and
Council author-
ized to cause
persons to be
apprehended.

1786. — Chapter 42. 103

That the Sheriffs, Deputy Sheriffs, Constables, or any sheriffs, &c.
other persons, to whom such Warrant shall be directed, qXe'aid. ° r
are hereby authorised and empowered, whenever they
shall judge it expedient, to require the Aid and assist-
ance of such and so many of the Citizens of this State, in
executing the same, as they shall judge necessary. And
all persons, whose aid and assistance shall be thus re-
quired, are hereby enjoined to yield the same, on pain of
forfeiting a sum not exceeding one hundred pounds, to be
recovered by Indictment before the Supreme Judicial
Court ; one moiety thereof to the use of the prosecutor,
and the other moiety to the use of the Commonwealth.

And be it farther enacted by the authority aforesaid,

That any Sheriff, Deputy Sheriff, Constable, or other to enter

Person, to whom such Warrant shall be directed, shall houseWeUing
have full power forceably to enter any Dwelling House,
or any other Building, in which they shall have reason to
suspect any person, required by such Warrant to be
apprehended, is concealed; first demanding entrance
thereinto.

And be it further enacted by the authority aforesaid,
That any Person who shall be apprehended and impris- imprisonment
oned, as aforesaid, shall be continued in imprisonment, prePhended.ap
without Bail or Mainprize, until he shall be discharged
therefrom by order of the Governor, or of the General
Court.

And this Act shall continue and be in force until the Limitation.
first day of July next and no longer.

November 10, 1786.

1786. — Chapter 42.

[September Session, ch. 11.]
AN ACT FOR ESTABLISHING A COMPTROLLER-GENERAL. ChflJ). 42.

Whereas it is indispensibly necessary that Government Preamble.
should, at all times, have regular and well-authenticated
intelligence, of the navigation, trade and commerce of the
State, in order that they may be able to determine, with
precision, and with justice to the community, what regula-
tions ought to be made therein, and what encouragement
ought to be given to our own produce and manufactures,
either by bounties, or by the prohibition of any foreign
articles :

Be it therefore enacted by the Senate and House of Repre-

104 1786. — Chapter 42.

sentatives, in General Court assembled, and by the Author-
comptroiier- Uy of the same, That there shall be appointed by the Gen-
annuaiiy ap- eral Court, in their present session (the choice to originate
pointed. .^ e^]ler House, and to be sent to the other House for

concurrence, and afterward in like manner annually) an
Hieduty. Officer, whose business it shall be to superintend the con-

duct of all the Naval Officers, the Impost and the Excise
Officers, throughout this Commonwealth ; to demand of
them a settlement of all their public accounts, agreeably
to Law ; to point out to them a system of official book-
keeping ; and in general to give them such instructions
relative to their official papers and conduct, in addition to
those already pointed out by Law, as he shall deem neces-
sary in order to establish an uniformity of proceeding in
the several offices, and to enable him to render to Govern-
ment, at any time, an accurate statement of the navigation,
trade and commerce of the State ; of the revenue derived
therefrom, and of the expence of collecting the same.
And the title of said Officer shall be, Comptroller-General.
KoBt&exc^. Be il enacted, That the Naval Officers, the Impost and
fo'wws'd^rlc1* *ne Excise Officers, be and they are hereby required, to
uons. follow such instructions and directions, as they shall,

from time to time, receive from the Comptroller-General ;
and he is particularly directed, to see that the Naval Offi-
cers pay due attention to the requirements of Law relative
to clearing out articles for exportation.
?e0qu1Prted<tonBeeeal Be il enacted, That the Comptroller-General be and he
that they dis- js hereby required, to see that the Naval Officers, the
duty, &c. Impost and the Excise Officers, discharge their duties

respectively ; and if he finds any fraud, or neglect of duty,
jn either of said Officers, he is hereby required to give
information thereof to the Governor and Council, who are
requested, authorised and empowered, to call the Officer,
so complained against, before them, to answer to such
complaint ; and if on due enquiry they shall find such
Officer to be guilty of fraud, or neglect of duty, they shall
dismiss him from his office, and fill up the vacancy imme-
diately. And when any Naval Officer, Impost or Excise
Officer, shall be dismissed for fraud or neglect of duty as
aforesaid, the Comptroller-General shall put his bond in
suit. And when any Deputy shall be guilty of fraud or
neglect of duty, and the same shall be represented and
proved as aforesaid, the Governor and Council shall order
the constituent of such Deputy to dismiss him, and the

1786. — Chapter 43. 105

Comptroller-General shall put the bond of such constitu-
ent in suit also, in order that the Commonwealth may
receive no detriment by any fraud or neglect of duty as
aforesaid.

Be it enacted, That the Comptroller-General be, and he Compt. General
is hereby instructed to direct the Collectors to keep their toVinwhat L°
books in such a manner as that it shall appear how much [heTrDboo!5s.eep
money is received for Excise, how much for Impost, and
how much for seizures, fines, forfeitures and Licences.

Be it enacted, That on settlement of accounts with the — to make
Naval Officers and Collectors, the Comptroller-General be on settlement.
empowered to make them an allowance for all official
account books, or books of entry.

Be it enacted, That the Comptroller-General shall regu to post their

larly post into a proper set of books the returns he shall proper set of
receive from the Naval Officers and Collectors, and shall b00ks-
keep distinct accounts of all monies received by Virtue of
this Act, and also of the allowances made to each Officer ;
and he shall adjust and settle his accounts under oath with
the Treasurer, in the month of June annually.

Be it enacted, That the Comptroller-General be sworn —to be sworn
to the faithful discharge of the duties of his office ; and bond.
the Treasurer is hereby empowered to administer the oath,
and also to demand and receive of the Comptroller-Gen-
eral, before he enters on the duties of his office, a bond
with sufficient sureties, in a sum not less than ten thousand
pounds, conditioned, that he will truly and impartially,
according to his best skill and judgment, execute the busi-
ness herein assigned him, agreeably to Law.

Be it enacted That the Comptroller-General shall receive Pay.-wiu-u
such pay for his services, as shall be established at the eb
time of his appointment ; and he shall begin to exercise
the duties of his office on the first day of January next.

November 10, 1786.

1786. — Chapter 43.

[September Session, ch. 14.*]
AN ACT FOR RENDERING PROCESSES IN LAW LESS EXPEN- QJiaV 43

SIVE. L '

Whereas it is the duty of the Legislature to provide Preamble.
means, whereby the decision of civil causes slioidd be as
speedy, and attended with as little expence to the Citizens
of this Commonivealth, as the nature of things will admit.

* Chapter 13 not printed in Session Pamphlet.

106

1786. — Chapter 43.

Peace,
power

Be it enacted, by the Senate and House of Representa-
tives in General Court assembled, and by the authority
justices of the of the same, That every Justice of the Peace within this
Commonwealth, is hereby impowered to take cognizance
of all civil actions, of the value of more than four pounds,
arising or happening within their respective Counties,
triable by the common or statute laws, of what nature or
species soever, excepting all actions wherein the title of
real estate is to be determined, in the manner herein after
prescribed : and it shall be the duty of every Justice of
the Peace, upon application made by any person or per-
sons, who shall first exhibit his, her, or their debt or
demand, to issue a Writ of attachment and summons
thereon, or an original summons, directed to some proper
Officer within the same County, impowered by Law to
execute the same ; directing the person or persons, against
whom such Writ or summons shall issue, to appear before
him the said Justice, on a day therein mentioned, to con-
fess such debt or demand ; and such writ or summons
shall be duly served by such Officer, at least fourteen
days before the day therein set for confession ; otherwise
the party summoned shall not be held to answer thereon.
Such summons to be in the form following:.

to issue

writs of attach
ment and sum-
mons.

Form of the
summons.

[L.S.] S-

(Summons for appearance.)

ss.

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

his Deputies, or any of the Constables oj the Town of B.
within the said County. Greeting.

In the name of the Commonwealth of Massachusetts,
you are required to summon and give notice unto T. P.
of B. aforesaid (addition) if he may be found in your
Precinct, that he appear before me, J. D. esquire, 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) and confession make,
if he see cause, of the debt, trespass or demand (as the
case may be) [here insert the declaration] as shall then
and there appear, with other due damages, and of this
Writ, with your doings therein, you are 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. Just. Pacis.

1786. — Chapter 43. 107

(Capias or Attachment.)
[L. S.] S ss.

To the Sheriff of the said County of 8. or either of £a£e°t.at"
his Deputies, or any of the Constables of the Town of B.
within the same County. Greeting.

In the name of the Commonwealth of Massachusetts,
you are required to attach the goods or estate of T. P. of
B. aforesaid (addition) to the value of , and for

want 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. esquire, one of the Jus-
tices 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) and confession make, if he see cause,
of the debt, trespass or demand (as the case may be)
\_here insert the declaration,'] 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 my-
self, at or before the said day of

Dated at B. aforesaid, the day of in the

year of our Lord, J. D. Just. Pacis.

(Summons when Goods are attached.)

[L. S.] S' ss.

To T. P. of D. in the County of S. {addition.)

Greeting.

In the name of the Commonwealth of Massachusetts, summons when
you are commanded to appear before me, J. D. esquire, fac°hedare at'
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 process of confession.
{here insert the declaration) which process the said E.
L. hath commenced to be heard 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 process. Fail not of
appearance at your Peril.

Dated at B. aforesaid, the day of in the

year of our Lord, J. D. Just. Pacis.

108 1786. — Chapter 43.

techmentsfat" ^nd any attachment of real or personal property, duly
made, in consequence of the aforesaid Writ or Summons,
shall be held good and valid, through the several processes
that may be had on the cause, to final judgment, and until
thirty days after the time provided by Law, for execution
to issue, unless the Defendant shall be discharged there-
from, by order of Law : and the body of any person
attached by virtue of the aforesaid Writ or attachment,
shall be held until discharged by the creditor, or by order
of Law.
if the defend- And if the Defendant shall appear to confess the debt

confess the or demand, the confession shall be in the form following.

demand, —

Form of the
confession.

KNOW all men, that I C. D. of in the County

of S. do owe unto E. L. the sum of of the

lawful money of Massachusetts, to be paid to the said E.
L. on the day of ,17 and if I shall fail

of the payment of the debt aforesaid, by the time afore-
said, I will and grant, that the said debt shall be levied
of my goods and chattels, lands and tenements, and in
want thereof, on my body.

Dated at , this day of in the year of

our Lord, 17 Witness my hand and seal.

CD. ()

ss. Acknowledged the day and year last men-
tioned, before me, A. B. Just. Pacis.

And be it further enacted by the authority aforesaid,
party not ap- That if after such Writ or Summons shall be duly served,
mem shall be the party summoned, after being duly called, shall not

Kiven against j. , ,1 -ij.il • j. 1 •

him. appear to answer to the same suit, the charge against nun

in the declaration shall be taken to be true, and the Jus-
tice shall give Judgment against him for such damages as
he shall find the plaintiff hath sustained, with costs : And
if the defendant in case the Defendant shall appear, and confess the debt
and confess' the or demand, or matke default as aforesaid, execution shall
defaliitl execu- issue from the Justice, after the expiration of fifty days
afte/fiftydays. fr°m the time of confession or default, which execution
may run into any County or place, and is hereby made
awardable into any County or place in this Commonwealth,
and shall be there executed by the Sheriff, Deputy Sheriff,
or Constable to whom it shall be directed, and shall be in
the form following, viz.

1786. — Chapter 43. 109

Commonwealth of Massachusetts.

[L. S.] To the Sheriff of the County of his under Form of the

Sheriff, or Deputy, or either of the Constables of the Town e!
°f Greeting.

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

day of in the Year of OUR LORD, 17

before me A. B. esquire ; one of the Justices of the Peace

for the County of acknowledged (by confession or

non appearance, as the case may be) that he was indebted

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

which he ought to have paid on the day of

And there now appears to be due

WE command you therefore, that of the goods, chat-
ties, or real estate of C. D. within your Precinct, you
cause to be paid, and satisfied unto the said E. F. at the
value thereof, in money, the aforesaid sum of
together with costs of process, and for this

writ, and thereof also satisfy yourself your own lawful
fees. And for want of goods, chatties, or real estate of
the said C. D. within your Precinct, to satisfy the sums
aforesaid, and your said fees : WE Command you to
take the body of the said C. D. and him commit unto our
Goal in our County of aforesaid, there to be detained

in the said Goal until he pay the full sums above said,
with your said fees, or that the said C. D. be discharged
by the said E. F. the creditor, or otherwise by order of
Law. Hereof fail not, and make return of this writ with
your doings thereon, unto the above said A. B. within
ninety days from the date hereof. Witness the said A. B.
at the day of in the Year of Our LORD,

17 A. B.

And be it further Enacted by the authority aforesaid
that in case the defendant shall appear, agreeably to the if the defendant

n >t i i I. -i. ..l i -ij.1 • shall dispute the

summons aforesaid, and shall dispute the demand therein demand, justice
stated against him, the Justice shall use his best endeavors, endeavours'to
to induce the parties to a referrence of such dispute or ^ce a refer"
demand ; and in case the parties agree to refer such dis-
pute or demand, and agree on the persons to determine
the same ; the referrees shall have the same power, and Referrees
the same proceedings shall be had thereon, in all respects, po^
as is pointed out by an Act passed the present year,
entitled, " An Act for rendering the decision of civil
causes, as speedy and as little expensive as possible":

110

1786. — Chapter 43.

Penalty for
neglecting.

justices to keep ^nd eVery Justice of the Peace, shall keep a fair record

a record of their J ' I

proceedings. of his proceedings, in all actions brought before him, as
in this Act is provided, in a book to be kept for that pur-
pose ; which record, shall, on the death or removal from
Office of the Justice, be lodged in the Office of the Clerk
of the Court of Common Pleas, in the same County. And
if any Justice of the Peace, on his removal from Office,
shall neglect to lodge the record of his proceedings, as
aforesaid, for the space of six months from such removal,
he shall forfeit, and pay the sum of Fifty pounds; and if
the executor or administrator, on the estate of a deceased
Justice, shall neglect to lodge such record as aforesaid,
for the term of three months, after the same shall come to
his hands, he shall forfeit and pay the like sum of Fifty
pounds: and if any person shall knowingly destroy, deface
or conceal any of the records of a Justice of the Peace
after his decease, such person shall forfeit and pay the
sum of One hundred pounds; the said fines and forfeit-
ures shall be sued for and recovered in the same manner
as by this Act is provided for the recovery of debts ; one
half thereof to the use of him or them, who shall sue for
the same, and the other half to the use of the County, to
which such Justice while in Office belonged.

And be it further enacted by the authority aforesaid,
d^fo" consent That when a debt or demand brought before a Justice of
to a referrence, the Peace, agreeably to this Act, is disputed by the defend-

what proceed- -11 • -i 11

ings shaii be ant ; and the parties do not consent to settle the same by
a referrence, the Plaintiff may carry such demand before
the Court of Common Pleas for trial, on his giving notice
to the defendant, in presence of the Justice (who shall
record the same) of the time and place where the said
action is to be heard and tried ; in which case, a copy of
the process before the Justice, with all the papers and
evidence filed in the case, together with the plaintiff's
declaration, shall be lodged in the Office of the Clerk of
the Court of Common Pleas in the County where trial is
to be had, at least seven days before the sitting of the
Court : and the plaintiff shall have a right to amend his
declaration after the process before a Justice, any time
previous to the same being lodged in the Clerk's Office.
Provided, That if an alteration shall be made in the sub-
stance of the declaration, the plaintiff shall cause the
defendant to be notified thereof, fourteen days before the
sitting of the said Court ; and shall pay the costs that
shall have arisen before such alteration was made.

had.

1786. — Chapter 44. Ill

And be it further enacted by the authority aforesaid,
that but one Attorney be allowed to plead on either side, But one attor-

, ,, ,i,-i <• /~i t-»i ney allowed on

in any cause before the Court of Common Pleas, either side.

And be it further enacted by the authority aforesaid
that all writs and summonses issued by virtue of this Act, wrrits and sum-
shall be issued by a Justice of the Peace in the County issued.
where the debtor or defendant resides ; and if the defend-
ant shall demand a trial by Jury, such trial may be had,
in the County where the Creditor resides, if he shall
require it.

And be it further enacted by the authority aforesaid,
That no civil action shall be cognizable in the Courts of ah actions t*

O commence be-

Common Pleas, which shall be commenced after the first fore a justice of
day of January next, (except actions in which the title of except.
real estate is to be determined) unless it hath first been
commenced and proceeded upon before a Justice of the
Peace, as is provided by this Act.

Be it enacted by the Authority aforesaid, that there Duty on writs,
shall be paid by the several Justices of the Peace, to the
Collector of Excise in the County or district to Which they
respectively belong, for each and every writ, original sum-
mons and Execution, eight pence, to be made up in the
Bill of Cost, and paid at the same time, and in the same
manner, as other Duties of them required.

And be it further enacted, that this Act shall begin to Limitation of

this *ict.

operate and be in force, on, and after the first day of Jan-
uary next, .and shall continue for the term of two Years,
and no longer. November 15, 1786.

1786. — Chapter 44.

[September Session, ch. 15.]

AN ACT GRANTING INDEMNITY TO SUNDRY OFFENDERS, ON Q/ian 44
CERTAIN CONDITIONS, AND PROVIDING FOR THE TRIAL OF -* '

SUCH, WHO SHALL NEGLECT OR REFUSE TO COMPLY WITH
SAID CONDITIONS, AND OF THOSE WHO SHALL BE GUILTY
OF LIKE OFFENCES IN FUTURE.

Whereas many deluded persons, from a pretence of re- preamble.
dressing public grievances, have forcibly interrupted the
regular administration of Law and Justice in several Coun-
ties in this Commonwealth, and have committed outrages
which tend to the utter subversion of the Constitutional
authority thereof: And Whereas the Legislature, are will-
ing to extend their clemency to all such deluded persons,

112

1786. — Chapter 44.

Persons con-
cerned in out-
rageous pro-
ceedings, re-
quired to take
the oath of
allegiance.

Certificates
thereof to be
returned into
the Secretary's
office.

Those who take
the oath, indem-
nified from
prosecution.

Proviso.

provided they return to a due sense of their allegiance to
the Government, as well as determined to punish those, who
shall persevere in their destructive opposition:

Be it therefore enacted, by the /Senate and House of
Representatives in General Court assembled, and by the
authority of the same, that all persons, of what descrip-
tion soever, who, since the first day of June last, being
Citizens of this Commonwealth, may have been concerned
in obstructing the sitting of the Courts of Law in any
County in this Commonwealth, or in any outrageous pro-
ceedings, which may have been done or committed by
tumultuous bodies of men, assembled for the purpose of
opposing the authority of Government and due execution
of the Laws, be, and they are hereby required, before
some lawful magistrate, to take and subscribe the oath of
allegiance, prescribed in the Constitution of said Common-
wealth, on or before the first day of January next.

And be it further enacted by the authority aforesaid,
that the several magistrates before whom the offenders
aforesaid*, shall take and subscribe the said oath of alle-
giance, shall return certificates thereof unto the Secretary's
Office, as soon as may be, after the taking and subscrib-
ing of the same.

And be it further enacted, That all persons, who may
have been concerned in obstructing the sitting of the
Courts of Law, or in any outrageous proceedings as afore-
said, who shall, before the said first day of January , take
and subscribe the oath of allegiance in manner as afore-
said, be, and they are hereby indemnified, from all crimi-
nal prosecutions to which they may be liable on account
of their illegal proceedings as aforesaid. Provided never-
theless, that the indemnity granted by this Act, shall not
be extended to any person or persons, who, after the
publication of said Act, and before the said first day of
January, shall be concerned in obstructing the sitting of
the Courts of Law, or in any outrageous proceedings,
subversive of the authority of Law and Government ; but
they shall, in all respects, be liable to be apprehended
and tried, in manner as is hereafter provided. And it is
hereby further provided that nothing contained in this
Act shall be construed to extend to indemnify any person
or persons whatever, from any suits or prosecutions to
which they may be liable, for injuries done or committed
to the property or persons of any individual.

178G. — Chapter 45. 113

And be it further enacted by the authority aforesaid,
that all such persons, who may have offended as aforesaid, Persons negiect-
and who shall neglect or refuse, before the said first day be 'apprehended
of January next, to take and subscribe the oath of alle- county.'" any
giance, in manner as aforesaid, shall be subject to be
apprehended and tried before the Justices of the Supreme
Judicial Court, either in the County in which said offence
was committed, or in any County within this Common-
wealth nearest thereto, where Law and Justice can be
administered without appiehension of interruption. And
all persons who shall, after the publication of this Act, be
guilty of the like offence, shall be liable to be tried in the
same manner. And such trial shall be had, judgment
rendered, and execution done, to all intents and purposes,
in like manner and form, as if such offences had been
committed within the body of the same County where the
said trial may be had ; any Law or usage to the contrary
notwithstanding. November 15, 1786.

1786. — Chapter 45.

[September Session, ch 16 ]

AN ACT, FOR SUSPENDING THE LAWS FOR THE COLLECTION
OF PRIVATE DEBTS, UNDER CERTAIN LIMITATIONS.

Chap. 45.

Be it enacted, by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, that all the Laws heretofore enacted, and now Laws for the
in force in this Commonwealth, for the collection of pri- debun^pecie,
vate debts, in specie, be, and they hereby are suspended sll8Pended-
for the term of eight months from and after the passing
of this Act.

And whereas the circumstances of some debtors may be
so embarrassed as to render it expedient for their creditors
to secure their demand*, and some creditors may be dis-
posed to receive their dues in specific articles, rather titan
to wait ''till the expiration of this Act:

Be it therefore enacted by the authority aforesaid, That When actions

■ lire co nunc need

when, and so often as any creditors shall commence any and judgment &

, • . i i , " j .i t execution recov-

action against a debtor, and recover judgment and execu- ered, reaiorper-
tion thereon, and in all cases where execution hath been maybe^en-
already issued on judgment rendered, unless the creditor dered-
shall chuse to have his execution issued on a judgment
already rendered, returned unsatisfied (in which case the
creditor shall be intitled to interest on his said execution

114

1786. — Chapter 45.

Debtor to make
declaration on
oath, of all his
property.

Creditor to take
his choice of the
debtor's estate,
except.

Executions,
how levied.

For want of
estate, it may be
lawful to take
the body.

Proviso.

so long as the same shall remain unsatisfied) it shall, and
may be lawful for the said debtor to pay and discharge
the said execution in real or personal estate, or both, on
condition that the debtor shall make declaration under
oath of all his property of every kind, if required by the
creditors. If the debtor shall give false information re-
specting his property, or conceal any part thereof, he shall
be liable to prosecution therefor; And the creditor shall
have a right to take his choice of the debtor's estate, real
or personal, or both, except household furniture, neces-
sary for upholding life, farming utensils, wearing apparel,
necessary for cloathinff, and the tools of Mechanicks neces-
sary for prosecuting his or their trades. And the said
execution shall be levied in the manner following, viz.
The debtor being the legal owner and possessor of such
estate, it shall be received by the said creditor in discharge
of the said execution at the apprisal of three disinterested
and discreet men, being freeholders of the same County,
and chosen in the following manner, that is to say, the
creditor shall chuse one, the debtor shall chuse one, and
the officer serving the said execution, shall chuse the other
of the said Apprizers. And in case either of the parties
shall neglect or refuse to chuse as aforesaid, the said Offi-
cer shall chuse in the room of the party thus neglecting
or refusing. And the persons thus chosen, shall previous
to their entering on the said business, before some Justice
of the Peace, within the same County, be sworn faithfully
and truly to apprize such real or personal estate, as shall
be presented unto them for the purpose aforesaid, at the
true and real value thereof in specie, according to their
best skill and judgment. And the said Officer shall at
the time and place of apprizal, duly deliver the said estate,
thirs apprized, to the said creditor, his agent or attorney,
and endorse the whole amount thereof on the said execu-
tion, in full or in part discharge thereof, as the case may
be. And for want of estate sufficient to satisfy such exe-
cution, it shall and may be lawful, by virtue of the same
execution, to take the body of such debtor, and him com-
mit to the common Goal of the County, there to remain
until he shall pay and satisfy the remainder of the said
execution, or be discharged by the creditor, or otherwise,
in due course of Law. Provided always, that where real
estate is taken at the election of the creditor, one year
shall be allowed for the redemption of the same ; but if

1786. — Chapter 45. 115

taken at the option of the debtor, he shall be deprived of
his right of redemption.

And be it further enacted by the authority aforesaid,
that if any suit shall hereafter be commenced within this if suits are
Commonwealth, against any debtor, being a Citizen thereof, m/ncedTreaFor
such debtor, after due notice given to the creditor or cred- P\ry°bea[ee*_tate
itors commencing such suit, or to his or their agent or dered, infuii

i i i • -i . n 1 l satisfaction.

attorney, is hereby authorised to tender real or personal
estate in full satisfaction of the debt due to the said credi-
tor, together with all legal costs of suit to the time the
said tender was made : in which case, if the said debtor
shall make declaration under oath, of all his property of
every kind, and shall consent that his creditor shall take
his choice thereof, in manner aforesaid, and that the same
should be apprized by apprizers, chosen as aforesaid,
(saving that the apprizer, which in the case of an execu-
tion is to be chosen by the Officer serving the same, shall
be appointed by a Justice of the Peace) or in case the
creditor shall chuse to receive his debt in real estate, if
the said debtor, after the same is appraised and set off,
shall make and execute a good and lawful deed thereof to
the creditor, sufficient to hold the same in fee, with war-
ranty, such citizen or debtor, on making a tender as afore-
said, to the said creditor, his agent or attorney, before
two or more good and lawful witnesses, or on executing a
deed as aforesaid, shall never be holden to pay any cost rn which case
of suit or interest that may arise on the said debt, after bfheid^pay0'
the time the said tender was made. J,K'tJ-,fter

.Provided nevertheless, that nothing in this Act shall be proviso, that
construed to extend to any public Officer or Officers, n^xtendfL.
Agent or Agents, Attorney or Attorneys, who may have
in his or their hands, monies in trust, the property of indi-
viduals : nor shall any creditor be hereby debarred from
bringing an action, for the recovery of interest, in specie,
on contracts where interest in specie is promised ; but
such creditor or creditors may, and they hereby are impow-
ered to commence an action or actions, as the case may
be, for interest only ; and prosecute the same to final judg-
ment and execution ; and when recovered, to endorse the
same on the obligation on which such action was founded.

Provided also, that nothing in this Act shall be con- Further proviso.
strued to extend to any bills of exchange which have been,
or which shall hereafter be protested according to Law.
Provided also, that nothing in this Act shall be so con-

116 1786. — Chapters 46, 47.

strued as to militate or interfere with any treaty or treaties
now subsisting, or which may be formed between the
United States of America, and any other nation ; any
thing in this Act, to the contrary notwithstanding. Pro-
vided also that nothing in this Act shall be so construed
as to affect any notes due to, or from the President and
Directors of the 3Iassachuse(ts-Ba.nk.

And be it further enacted by the authority aforesaid,

h0SwCex pressed. that m a^ cases when the debtor shall have a right to ten-
der real or personal estate to be received at an apprized
value, it shall be expressed in the execution, which shall
be hereafter issued against him.

thu act.,on °f This Act to continue and be in force, for the term of

eight months, from the passing thereof, and no longer.

November 15, 1786.

1786. — Chapter 46.

[September Session, ch. 17.]

Chap. 46. AN ACT F0R ALTERING A CERTAIN CLAUSE IN AN ACT, EN-
TITLED, " AN ACT REGULATING THE EXPORTATION OF FLAX
SEED, POT ASH, PEARL ASH, BEEF, PORK, BARRELED FISH,
AND DRIED FISH."

Whereas in and by the said recited Act, it is enacted,
that each barrel of pork shall weigh two hundred pounds
weight; which Act is found to operate injuriously to the
Citizens of this Commonwealth : Therefore,

Be it enacted, by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
clause altered, of the same, that from and after the first day of December
next, the aforesaid clause in the above recited Act, shall
be so far altered, as that, instead of the weight of barrel
pork, which in the said clause is prescribed, each and
every barrel of pork that shall be offered for sale, shall
weigh two hundred and twenty pounds.

November 16, 1786.

1786. — Chapter 47.

[September Session, ch. 18.]

Chan 47 AN ACT appropriating the revenue arising from the

* ' ' DUTIES OF IMPOST AND EXCISE.

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

1786. — Chapter 48. 117

the same, that from and after the first day of January next, Revenues, how

. /. -r -ry • appropriated.

the Revenue arising from the Duties or Impost and JhiXCise,
shall he appropriated to the following purposes, that is to
say; One third part thereof, shall be annually paid in
Specie into the Treasury of this Commonwealth, for the
exigencies of Government, and the remaining two third
parts thereof, shall be appropriated for the payment of
the Interest, which is or may become due upon the con-
solidated Notes of this Commonwealth, which two third
parts shall be equally distributed, as near as may be,
amongst the holders of said securities, in proportion to
the sums due to them respectively.

November 17, 1786.

1786. — Chapter 48.

[September Session, ch. 19.]
AN ACT TO RAISE A PUBLIC REVENUE BY IMPOST. ChdV 48

As it is for the interest, dignity and happiness of every Preamble.
well-regulated Government, to make early and ample pro-
vision for the payment of their just debts, and for the firm
establishment of their public faith and credit: so it is their
duty to adopt such means to effect these important national
purposes, as shall be the least burdensome to their constitu-
ents :

Be it therefore enacted by the Senate and House of Rep-
resentatives , in General Court Assembled, and by the au-
thority of the same, That on and after the first day of Duty of 15 per

if J in •! • i r> v»*z» cent, on articles

January next, there shall be paid an impost duty ot fifteen enumerated.
per centum, ad valorem on all kinds of plated Ware, silver
and ivory handled knives and forks, all kinds of Jewellery
and paste work — Carpets of all kinds — Copper plate fur-
niture, Umbrelloes, looking Glasses, China, Glass, earthen
and Stone ware, Silks of all kinds, Gauzes, Lawns and
Cambi'icks, and all kinds of cotton goods, Silk velvetts,
muffs and Tippets, Gloves and mittens of all sorts except
leather, Silk and thread hose, muslins, hyson Tea, hard
soap, hair brushes, tin plate ware, all foreign spirits of
the kinds commonly known by the name of cordials, and
all kinds of leather, coach and chaise lace, beef and pork,
Soap, nails and tin ware, wrapping and printing paper,
and account books.

An impost duty of ten per centum ad valorem, on all Jen percent.
cutlery ware, except as before mentioned, on all wrought

118 1786. — Chapter 48.

pewter and copper, except sheet-copper, on all kinds of
iron, steel and brass ware including in this description
every thing that is made of iron, steel and brass, or any,
or either of them, and whether the same be, or be not,
attached to, or connected with any wooden ware, and on
window glass, cordage, cables and yarns of foreign growth

rive per cent, or manufacture. And an impost duty of five per centum,
ad valorem, on all other goods, wares and merchandize of
foreign growth or manufacture, that shall be brought into
this State by land or water, except such goods, and in
such cases, as is hereafter otherways provided for.

impost of one Be it enacted, that there shall be paid an impost duty

per cent, on all „ i 11 1 • i ■

imported hemp, ot one per cent, on all hemp, that shall be imported into
this Commonwealth, which shall be appropriated for en-
couraging the raising of hemp in this Commonwealth,
agreeably to a Kesolve of the General Court for that pur-
pose.

commanders of jge ft enacted, That the Captain or commanding officer

vessels, on their . . . . c

arrival, to make of any vessel or float, shall immediately after his arrival

report thereof

to the naval- in any port or harbor in this State, make report thereof
to the Naval office ; and shall also within forty eight hours
after his arrival as aforesaid, make due entry by manifest,
under oath, of all the Cargo, freight and adventures, which
were on board said Vessel or float at the time of her arrival
within the limits of this State, together with the proper
names of the several packages containing the goods, with

Penalty for their marks and numbers respectively; and on failure
hereof shall forfeit and pay a fine of one hundred pounds
lawful money, and the vessel or float shall be attached
and held and sold for the payment of said fine, unless

Proviso. other sufficient security is given. Provided nevertheless,

if any Vessel or float shall put into any port thro' stress
of weather, or contrary winds, to lay only till she can
proceed on her voyage, or to her port of discharge, with-
out breaking bulk, then the Captain or commanding officer
thereof shall not be held to enter a manifest as aforesaid,
but shall be held to report only to the proper naval office.

Goods taken Be it enacted that all Goods, wares and merchandize

outofanyves- . l-iini i i> in

sei, without a whatever, which shall be taken out ot any vessel or float
forfeited.13 e without a permit therefor, in writing, from the Naval offi-
cer of the port, or his deputy, shall be forfeited. And if
any goods whatever, belonging to, or that come to the
care of any owner. or master of any vessel or float, shall
be so taken out they shall not only be forfeited, but the

1786. —Chapter 48. 119

vessel or float also, together with her tackle, appurte-
nances and Cargo, being the property of such owner or
master, shall be forfeited. Provided nevertheless If any Proviso.
owner of -any vessel or float, either in part or in whole,
shall make it appear, to the satisfaction of the Court,
before whom the trial shall be had, that any goods, wares
or merchandize taken out of such vessel or float contrary
to law, were so taken without his knowledge, and contrary
to his intention ; then such owner shall be exempted from
the forfeiture of his part of such vessel or float, and of
the Cargo thereof; and the master of the said vessel or
float shall forfeit the full value of such vessel, float and
cargoes, as is before described.

Be it enacted, That no naval officer or Deputy shall give Permit shall
a permit for unlading any dutied goods, until he has uVuheTuty'is
received a certificate from the proper Collector or his secu,ed-
Deputy, that the duty is secured.

Be it enacted, That everv importer or consignee of dutied importer or

i i ii -\ i i\ it i • i ,, consinuee,

goods, shall produce to the Collector or his deputy, the ehaii produce
original invoice of all the dutied goods contained in those invoice^ under
identical packages mentioned in the manifest, and which oaib-
he wants a permit to unlade, and he shall take the follow-
ing oath, viz.

You A. B. do solemnly swear (or affirm) that the invoice Form of the
(or invoices) by you now produced, contain, to the best °8
of your knowledge and belief, all the goods, wares and
merchandize that have come to your care, on board of the
C. D. Master, and that the price affixed to each
article is the real bona fide cost thereof.

So help you GOD.

And on the goods named in any invoice so attested, the collector to
Collector or his deputy shall calculate the impost duty at duty on the
their several rates as directed in this act, without making aonedTn'such
any deduction from the foot of the invoice, except for w°it:e-
Commissions and Insurance. And when the Impost duty
is ascertained, the importer or Consignee shall pay the
same to the Collector or his Deputy, or deposit goods at
his own cost and risk, to double the value of the impost,
which goods, if the said Import duty is not paid in ninety
days, shall be sold by the Collector, or by some person
he shall appoint, at public auction, and the overplus if
any there be after paying the impost duty and all inter-
vening charges, shall be refunded to said importer or con-
signee without delay.

120

1786. — Chapter 48.

Proviso, when
the owner or
consignee have
not got the
invoice.

Proviso, — when
dutied goods
are imported, &
the ou ner or
consignee does
not appear to
receive them.

A deduction of
10 per cent,
allowed, when
bullion or specie
is imported, on
prompt pay-
ment of duty.

Provided nevertheless, if it shall so happen, on the arri-
val of any dutiecl goods, that the importer or consignee
have not got the invoice thereof, in such case the Collector
or his Deputy, shall take the goods into his custody, and
shall open and examine them in the presence of the im-
porter or Consignee, if he chuse to attend, and if they
cannot agree on the cost of the goods, they shall appoint
three disinterested Merchants to determine it, who shall
lodge an invoice thereof with the Collector or Deputy ; or
if the importer refuses or neglects to join in such appoint-
ment, the Collector or Deputy shall make it himself. And
when the cost is ascertained, the impost duty, with inter-
vening charges, shall be paid, or the same proceeding had
as before mentioned. And after the ( 'ollector has received
the money, or the deposit as aforesaid, for the impost duty
on goods identified by marks and numbers, :is per mani-
fest, he shall certify the same to the Naval officer, and not
before.

Provided also, That when any dutied goods are im-
ported, and the owner or Consignee does not appear to
receive them, the Captain of the Vessel may deliver them
to the Collector or his deputy, and take his receipt for the
same, which shall discharge him. And the Collector shall
be accountable for the freight and primage accustomed.
And if the owner or consignee does not appear in sixty
days, to pay the impost duty, freight and intervening
charges, the Collector shall advertize the packages, with
their marks and numbers, and shall appoint a time and
place when so much of said Goods shall be sold, as shall
be necessary to pay the same ; the time for sale to be at
least thirty days after making such advertisement. And
on the delivery of the said Goods, or such part thereof as
shall not have been sold as aforesaid, the owner or con-
signee shall deliver up the bill of lading to the Collector.

Be it enacted. That when any Vessel shall arrive with
dutied goods on board, and the owner or consignee thereof,
shall declare on oath, that he has imported in the said
Vessel, specie, bullion, or gold dust, equal in value to the
whole amount of the impost duty on the said dutied goods,
he shall on prompt payment thereof, be allowed a deduc-
tion of ten per centum. And in case the specie, bullion
and gold dust so imported, shall not amount to the whole
of the duty aforesaid, then he shall have the said ten per
centum deducted on the amount of the duty he shall pay

178G. — Chapter 48. 121

in money so imported, on prompt payment as aforesaid ;
any thing herein to the contrary notwithstanding.

Be it enacted, That every conductor of dutied goods conductors of
brought into this State by land, shall proceed unmolested iand%hai° p9ro-y
to the place where Tie is to deliver the said Goods, pro- ^ted'^rovided
vided he shall lodge a manifest or invoice of said Goods, J,™*""^"^
with a magistrate in this State, on his first entrance into amagistrate,
it, with said goods, and make oath before said magistrate,
that he will not deliver the said goods, or any part thereof,
to the owner or consignee, or any other person, and that
he will not sell or dispose of the same or any part thereof,
until he shall have lodged an invoice in writing with the
Collector or his Deputy, for the County or district where
the said Goods are to be delivered, and obtained his per-
mission for the delivery thereof; and every Conductor of
such dutied Goods producing a certificate from a Magis-
trate as aforesaid, and specifying the several packages,
with their marks and numbers, shall pass unmolested to
the place mentioned in such certificate ; and in case there
shall not be a Magistrate in the first town within this
Commonwealth, into which the said Conductor shall enter
Avith the said dutied articles, he shall exhibit to the town
clerk of the said Town, a manifest or invoice of such
dutied Goods, and the Town Clerk shall certify on the
back thereof that he has so d;>ne ; which manifest or invoice
so certified, the said Conductor shall exhibit to the first
Magistrate on his way next after such certificate being had
as aforesaid, and proceed thereon as is herein before
directed. And all dutied goods brought into this State
by land without such certificate, shall be forfeited, together
with the Cart, Waggon, or other carriage, and the Horses,
oxen or other creatures, drawing or conveying the same ;
and the Impost Duty on Goods brought in by land, shall
be estimated and paid or secured, as directed for goods
brought in by water.

And whereas it may so happen, that ample proof may
be had of dutied goods being taken out of a vessel contrary
to Law, although said goods cannot be found; and for the
punishment of such fraud,

Be it enacted, That whenever the Naval Officer or Col- forfeiture,

t -l , . when ample

lector of Impost, or either of their Deputies, have reason proof may be
to believe, that they can prove that goods have been taken being taken
out of any particular Vessel or Float, contrary to law, sei! aftho^sTfch
and with a design to defraud the Government of the ^e°found"not

122

178G. — Chapter 48.

Prohibited
articles.

Contraband
articles offered
for sale, liable
to be seized.

Revenue, they or either of them are hereby authorized
and empowered to seize and secure such Vessel or Float,
with all her tackle and appurtenances, for trial ; and if on
trial, it shall appear that goods were taken out as afore-
said, the vessel and float, with all her tackle and appur-
tenances, shall be adjudged forfeit.

And whereas it is the duty of every people, blessed with
a fruitful Soil, and a redundancy of raw materials, to give
all due encouragement to the agriculture and manufactures
of their own Country:

Be it therefore enacted, That on and after the first day
of March next, the following articles, not being the growth
or manufacture of any of the United States of America,
be, and they are hereby declared to be contraband, and
are prohibited from being brought into this State, by land
or water, on pain of forfeiture, viz. Loaf Sugar, Hats made
of fur, hair and wool, or any or either of them ; Boots and
Shoes of every denomination. Coaches and all other riding
Carriages, or any part thereof, and Harness of all sorts,
scythes, Iron Shovels, Hoes, broad and narrow axes, Flat
Irons for ironing Cloaths, Anchors, Iron and Brass Stoves,
Mill saws, Saddles and Bridles, Wool Cards, Cotton Cards,
ready made Millenary, articles of dress of all kinds,
Plumes and artificial flowers of all kinds, wdiite and blond
Lace of all sorts, Fans charged at more than five shillings
sterling a piece in the invoice exhibited, embroidered pat-
terns for waistcoats or for any other parts of dress, gold
and silver Lace and trimmings, women's and children's
stays, leather Gloves and Mits of all sorts, Message Cards,
playing Cards, Hair powder of all kinds, Pomatum, and
all kinds of perfumery, Paper hangings, Children's Toys,
Spelling books, and Primers, Novels, Romances and plays,
Whips, Walking Canes, Horn and Tortoise Shell Combs,
Porter, Beer and Ale, Butter, Cheese and Mustard, Coffin
Furniture of all Kinds, Linseed Oil, Candles, Snuff, and
all kinds of Manufactured Tobacco, all kinds of wearing
Apparel, and wooden houshold Furniture, except the Fur-
niture brought by Persons who shall come to reside in this
Country.

And he it further enacted, that if any of f he articles
which by this Act are declared contraband, shall be offered
for sale, at any time after six months from the period
when this Act shall take effect, it shall be the duty of the
Naval Officer, and Collector of Impost and Excise, and

1786. — Chapter 48. 123

their Deputies, to seize such articles, and after trial and
condemnation thereof, to make sale of the same, for the
benefit of this Commonwealth, unless it shall appear on
trial, that such goods were imported, previous to the first
day of March next.

Provided also, That when any Vessel shall arrive in Proviso.
any Port in this State, having any of said contraband
Goods on board, they shall not be forfeited, if they are
reported at the Naval Office, and no part thereof taken out
of the said Vessel ; but if any contraband goods are taken
out of any Vessel, not only those Goods so taken out,
but also the Vessel and Cargo, shall be forfeited, except-
ing Goods bona fide on freight on board such Vessel, and
respecting which the requisitions of this Act shall have
been complied with.

Be it enacted, that Molasses, Cocoa, Sheeps Wool, ^des free of
Dying Wood, and other dye Stuffs, Sewing Silk, Brass,
Lead in the Pig, bar or roll, tinn in the block, pig or roll,
Cotton Wool, Salt, imported in Vessels wholly and bona
fide owned by any Citizen or Citizens of the United States,
shall be free of duty.

Be it enacted, that whenever the Collector of Impost or when more or
his Deputy, shall have just reason to suspect, that more are found in
goods, or other goods than those mentioned in the invoice, ?haVthosegmen.
are contained in any particular package, they, or either |n0vn0®ce!,Dthee
of them, are hereby empowered and directed to take such ^fifted'1'1 be
package into custody, and to open and examine it, notify-
ing the owner or claimer to be present if he please, and
if on such examination, more goods, or other goods than
those mentioned in the invoice are found, to seize and
secure the whole of the goods contained in the said pack-
age, and the same shall be forfeited.

Be it enacted that on the trial of any seizure, the Court fj^gj, °cf0aunr^
shall admit of the Naval Officer or Collector of Impost, or toadmnof

• i f i • t-v • i-tr ■ i naval -officers

either ot their Deputies, as a legal Witness m the case. or collectors,

Be it enacted that the Master of any Vessel or Float nessls*. w
(employed in catching Fish or carrying Wood and Lum- Masters of fisn-
ber coast ways) having dutied Goods on board, shall, on living dutied0'
his arrival in port, manifest them at the Naval Office, any fn!°n80°nth1e°irrd'
usa^e, custom or yearly pass, to the contrary notwith- arrival, manifest

i ...... •* them at the

standing, on pain of forfeiting such Vessel or Float, and navaioffice.
the sum of fifty pounds lawful money. And all dutied
goods that shall be brought into this State on board of any
Vessel or Float, from any of the United States of America,

124 1786. — Chapter 48.

or that shall be conveyed from any one port or place in
this State to another, and shall not be mentioned in the
clearance or cocket from a proper Officer in the State,
port or place from whence they came, shall be forfeited.
& coMecSw™ Be il enacted, That the Naval Officers and Collectors of
directed to see Impost and their Deputies, within their respective Coun-

that this act is . l _, . . L ■,., , , ,1 • i -i

carried into ties or Districts, be and they are hereby authorized and
directed, to see that this Act is carried into effectual exe-
cution, and the}^ or either of them, are hereby empowered
to prosecute to final Judgment and execution for all fines
and forfeitures incurred for a breach of this Act, and to
seize and secure for trial all property whatever, and wher-
ever the same shall be found, that is in this Act declared
feUure8Dtnfw* ^° ")e f°rfeft 5 and on the recovery of such fines, and the
applied! condemnation of such property, two thirds of the net pro-

ceeds thereof shall be for the use of the Government, and
the other third to the use of the Officer or Officers recov-
ering the same.
rfr^oiiecToTs" Me it enacted, that when any individual of this Common-
duty, when any vvealth shall give information under oath to any Naval

individual shall ~ m , . . • 1 i

give informa- Officer or Collector, or either of their Deputies, that he
goods being has cause to suspect that contraband or dutied goods have
smuggled, &c. keen smuggled, and are concealed in any particular place
(naming it) the Officer receiving the information as afore-
said, is hereby required and commanded to make search
(in the manner .prescribed bylaw) for said goods; and
if any such are found, to seize and secure the same for
trial ; provided the said Informer gives bond with suffi-
cient sureties to the owner or claimer of such Goods, that
he will respond all damages that shall accrue in conse-
quence of such seizure in case the Goods are not adjudged
forfeit And whenever information shall be given as afore-
said, if the Naval Officer or Collector, shall judge that
there is good cause to suspect that contraband or dutied
goods have been smuggled and concealed, agreeablv to
such information, it shall be the duty of such Naval Officer
or Collector to make search for said goods as aforesaid,
and if found, to secure the same for trial as above directed,
although no bond should have been given as herein before
provided ; and in case said goods are adjudged forfeit, the
informer shall said Informer shall receive one third of the net proceeds
third of the thereof, and the remainder shall be for the use of Govern-

net proceeds. ^^

Be it enacted that if any person or persons shall obstruct

1786. — Chapter 48. 125

ov abuse any of the aforesaid Officers in the execution of Forfeiture for

J • „» -,. /. obstructing or

their duty, every person thus offending, for every such abusing any
offence, shall forfeit and pay a sum not exceeding one hun- execution of his
dred pounds, nor less than ten pounds, according to the duty'
nature and aggravation of the offence ; to be recovered by
the Officer so abused or obstructed, and to his use, by
action of debt, in any Court proper to try the same.

Be it enacted that whenever any dutied goods shall be whendutied
seized, because the Impost duty had not been paid thereon fe°zed,Hthey
agreeably to Law ; or because they have been landed or ?ud"e!ffSrfeit
brought into this State contrary to Law, and the claimer tftheciaimer'

~. , . J . , , shall not make

or chumers shall not make it appear on trial, that the duty n appear, on
was paid on the said goods before such seizure wTas made, d'uty was pafd.
or that they were not landed or brought into this State
contrary to Law7, as the case may be, they shall be adjudged
forfeit.

Be it enacted that one Collector of impost for each Collectors of

/^i -r • • /-^i it impost to be

County or District wTithin this Commonwealth, shall be annually up.
appointed by both Houses in their present session, the
choice to originate in either House, and sent to the other
House for Concurrence ; and afterwards the Collectors
shall be annually appointed in like manner; And the said
Collectors shall begin to exercise the Duties of their Office
on the first day of January next; and they are hereby Collectors to
authorized to appoint their own Deputies, to do the busi- ow^deputleB,
ness herein assigned them, or any part of it, and they shall &e'
be accountable for the conduct of their Deputies, and shall
pay them out of their own Commissions ; And said Col-
lectors are hereby empowered to receive and collect all
the duties mentioned in this Act, and shall once in three Once in three
months pay to the Treasurer of the Commonwealth all the tTthe treasure r
monies which they shall collect or receive in consequence Bhaiu°enceTvethey
of this Act, except such part thereof, as is otherwise
expressly appropriated, and they shall take duplicate
receipts for the monies paid, one of which they shall lodge
writh the Comptroller-General ; and they shall on the last
day of May annually settle and balance their accounts, To settle their
under oath, with the Comptroller General ; and the Col- ^wKe11"
lectors of Impost and the Naval Officers, shall keep such Genera™11""
books of entry and clearance, such accounts, vouchers and
official papers, respectively, as the Comptroller General
shall direct, in addition to those already established by
Law.

Be it enacted that the Collectors of Impost be, and they

126

1786. — Chapter 48.

Collectors di-
rected to ap-
point a deputy
in every port
where there is
a naval-office.

In case of va-
cancies, naval-
officers 6hall do
the duty of col-
lectors.

Collectors to do
the duty of
naval- officers,
in like cases.

Collectors to be
sworn, and to
give bond to the
Compt. Gen.

Commission.

Compt. General
authorized to
fill up vacancies
in the recess of
the Gen. Court.

are hereby directed, to appoint a Deputy in every port
where there is a Naval Officer, except he resides there
himself; and in every such Port the Collector or his
Deputy shall keep a public Office open from nine in the
morning to one, and from three in the afternoon to sun
set, Lord's days, and days of public Fasts and Thanks-
givings, excepted. And in case a vacancy shall happen,
by death or otherways, of any Collector of Impost, the
Naval Officer or Officers, within such County or District,
are hereby authorized to do the duty of such Collector,
until another shall be appointed ; and when one shall be
appointed and qualified, the Naval Officer or Officers shall
render an account to him, of their doings, and pay him
the monies they shall have received, who shall make them
a reasonable allowance for their services. And in case a
vacancy shall happen in like manner in the Naval Office,
the Collector in such port, or his Deputy, shall do the
Duties of the Naval Officer, until another shall be ap-
pointed, and when appointed, shall render to him an
account of his doings, and shall receive from him a reason-
able reward for his services.

Be it enacted, That each Collector of Impost, before he
enters on the duties of his Office, shall be sworn to the
faithful discharge thereof before some Justice of the Peace,
who is directed to return a certificate thereof immediately
to the Comptroller General ; and every Collector shall
give bond with surety to the Comptroller General, in a
sum not exceeding twenty thousand pounds, nor less than
five thousand pounds, for the faithful discharge of the
duties required of him by Law. And the Collectors shall
receive such commission, in full for their services and
expences, as shall be determined on at their several
appointments.

Be it enacted, That in case a vacancy shall happen by
the death or otherways of any Naval Officer or Collector
of Impost, in the recess of the General Court, or at so late
a period in any session thereof as that the vacancy shall
not be supplied by the Court, the Comptroller General is
hereby authorized immediately to fill up such Vacancy.
And the Naval Officer and Collector of Impost, by him
appointed, after being qualified as required by Law, shall
be vested with all the powers and privileges of their Offices
respectively, until they shall be confirmed in Office by the
General Court, or others appointed in their stead.

1786. — Chapter 48. 1 27

Be it enacted, That when any Collector of Impost shall when any coi-

i r^i • lector is ap-

be appointed to succeed any other Collector, he is hereby pointed to sue-
authorized to demand and receive of his Predecessor, if he may demand
living, or if dead, of his Executors, Administrators and &c.cia paperB'
Deputies, all official bonds, books, papers, and property
whatever, and to give proper receipts for the same, and to
do and perform all matters and things with the same,
which his predecessor could have done had he continued
in Office, and for all liquidated obligations which shall be
so delivered, the Collector receiving the same shall be
accountable, as he receives the money, to his predecessor,
or his legal Representative, for one half the Commission
thereon.

Be it enacted, that when any Naval Officer or Collector when goods
of impost, or either of their deputies, shall have cause to to be concealed
suspect that contraband goods, or dutied goods, on which h^use, "i^'juf '
the impost is not paid, are concealed in any particular il»eace°are em-
dwelling House or store, or other building or place, they powered to

. o iiT i i issue warrants

or either of them, are hereby directed to make representa- toenterthe
tion thereof under oath, to a Justice of the peace, for a
Warrant to enter such house or store and to search for the
said contraband or dutied goods, and on such application
the Justice is empowered to issue his Warrant, directed
to the officer applying for the same, commanding him to
take the Sheriff of the County, or either of his Deputies,
or any Constable of the town, whtre such dwelling house
or store is, and in the day time only, to enter such house
or store, and there to search for said goods, and if he shall
find any such Goods, to seize and secure the same for
trial. And whenever any Naval Officer or Collector of
Impost, or either of their Deputies, shall have cause to
suspect that such Goods as aforesaid, are concealed in any
other building or place whatever, they or either of them,
are hereby authorized to take with them the Sheriff, his
Deputy, or any Constable as aforesaid, and to enter such
building or place, and there to search for said Goods, and
if any such Goods shall be found, to seize and secure
them for trial. And the said Sheriff and his Deputies,
and all Constables, are hereby authorized and required to
aid and assist any such Naval or Impost Officer, or either
of their Deputies, and to take with them proper assistance.
Provided nevertheless that no civil process shall be made Proviso.
within such dwelling house, other building or place what-
ever, during the said search, other than executing the

128

178C — Chapter 48.

Clause respect-
ing vessels that
may arrive in
distress.

Goods imported
into this State,
belonging to
citizens of any
other State,
shall be free of
duty, — pro-
vided, &c.

Naval-officers
& collectors,
authorized to
go on board
any vessel, &c.

warrant aforesaid. And if any officer whatever (whether
railed to assist the naval officer, collector, or either of
their deputies, or not) shall presume to serve or execute
any civil process during such search, other than the war-
rant aforesaid, it shall be, and is hereby declared to be
null and void, and the officer serving; or executing the
same, shall be subject to the same pains and penalties, as
tho' he had violently broke into the said dwelling house,
other building or place, without any authority for so doing.

Be it enacted, That when any Vessel not designed for
any port in this State, shall arrive in any port within this
Commonwealth, in distress, and have occasion to unlade
her cargo, or any part thereof, in order to repair said
Vessel, in such case no Impost shall be demanded ; Pro-
vided the goods are taken out and reshipped under the
care and direction of the Naval Officer, who is hereby
required to take charge thereof. And if the commanding
Officer or owner of said Vessel shall have occasion to sell
any part of said Goods to discharge the expence of repairs,
to purchase provision, &c. the Collector of Impost shall
give leave for the sale thereof (contraband Goods excepted)
having first ascertained and received the proper Impost
Duty on the Goods to be sold. And he shall certify the
same to the Naval Officer, Identifying the packages to be
sold.

Be it enacted, that if any Goods shall be imported into
this State on or after the first day of January next, belong-
ing to a Citizen of any other State in the Union, and shall
be transported whole and entire to such State, the Col-
lector shall demand no Impost duty, provided such Citi-
zen or his Agent shall give bond with surety, to the
Collector, in a Sum to double the amount of the Impost
duty on said Goods, conditioned to produce in a given
time, a Certiticate under the Hand and Seal of the Col-
lector or other Officer of the Customs in such State, that
the Goods so bonded (naming the different packages, with
their marks and numbers, and the cost thereof) are bona
fide brought into such State, and that the owner thereof
is a citizen of said State ; and if such Certificate is pro-
duced within the time limited in the Bond, it shall cancel
it, otherwise the bond shall be put in suit.

Be it enacted, that the Naval Officers and Collectors of
Impost, or either of them be, and they are hereby author-
ized, to go on board of any Vessel to examine her, and to

1786. — Chapter 48. 129

see to the discharge of her contents, or to deputize any
other person or persons to do the same.

Be it enacted, That no Impost duty levied by this Act, No impost shall
shall be remitted on Goods taken out of the Vessel, that except. e ,_
brought them into this State, except as is herein other-
ways expressly provided. But on Goods which shall not
be taken out of such Vessel, no Impost Duty shall be
demanded.

Be it enacted, that the Collectors of Impost and their collectors to
Deputies, be, and they are hereby empowered to admin- oaths!18 er
ister the Oaths required to be taken in their Offices.

Be it enacted, that- it shall be the duty of each and every Togiveinfor.
Collector of Impost, and he is hereby directed to give oaths,ntofthel8e
information to the Attorney General, of any person or Attomey-Gen-
persons, that shall be suspected of taking a false Oath,
where an Oath is required by this Act ; and the Attorney
General is directed to prosecute all persons so suspected
of perjury.

Be it enacted, that in all cases, where any action or when actions
actions shall be brought against any Naval Officer or Col- ^ynSMS
lector of Impost or Collector of Excise, or either of their °hey°meay°pieaci
Deputies, upon any matter, touching the prosecution of the general
the duty or Business assigned to them by any of the Laws
of this Commonwealth, in all such cases they shall be
allowed to plead the general issue, and to give this Act,
and any other Act, touching their duty as aforesaid, in
Evidence.

Be it enacted, That all Acts now in force laying Duties Former acts
of Impost, shall from and after the last day of December repealed-
next, be repealed, and at that time become null and void.
Provided nevertheless,

And be it enacted that the above said Acts shall continue collectors em-
and be in force so far as to empower the Collectors to p^ecute'aii
prosecute all past breaches of said Acts, and to settle the past breaches-
accounts and obligations, and to receive the dues from all
delinquents, up to the said last day of December next,
inclusively, agreeably to said Acts, any thing herein to
the contrary notwithstanding.

Be it enacted, That an Act passed in November, one Loaf-sugar act
thousand seven hundred and eighty-five, entitled " An repealed'
Act for encouraging the manufacture of loaf sugar within
this Commonwealth," shall from and after the first day of
March next, be repealed, and at that time shall be null
and void.

130 1786. — Chapter 49.

^en progeny ge it enacted, that when any property shall be seized, it
it may be deiiv- shall be delivered to the owner or claimer, upon his givino-

ered to the *■ o ©

ciaimer, upon Bond, with sufficient sureties, inhabitants of this State, to
^is giving ( , ^a^ ^^e full value of such property (as the same shall be
then apprized by three persons, under oath, mutually
chosen for the purpose) if it shall be adjudged forfeit,
within thirty days after such Judgment is had ; and if the
money is not paid agreeably to the condition of said bond,
the Court who passed the judgment aforesaid, shall issue
execution against the obligors, for the sum due on said
bond, with cost, and the execution to be returned in twenty
days.
clause respect- jge ft enacted, that when it shall be made to appear to

ing perishable . *■ y

property, when the Court before whom the libel is tiled, (whether in term
time or not) that the property seized is of a perishable
nature, and that the same will be injured by the delay
necessary to the trial, the Court shall make out a precept
to the seizing Officer for the sale of such perishable prop-
erty, at public auction, for the benefit of the party to
whom the same shall be finally decreed ; and no appeal
shall be allowed from any order or decree for such sale.

when the Con- Be it enacted that this Act shall take place and operate

shaTi takeUph> ce, in its full force on and after the first day of January next.

a0(l|fductito0nmake And whenever the Continental Impost shall take place in
this State, the Collector of Impost shall, on estimating the
Impost duty, make a deduction in favor of the Importer
or Consignee, to the amount of the Duty laid by Congress

Proviso. on all articles respectively. Provided, such importer or

consignee produce a certificate, that he or they have paid
to the Continental Officer such duty, any thing in this Act
to the contrary notwithstanding. November 17, 1786.

seized.

Chap. 49

1786. — Chapter 49.

[September session, ch. 20.]
AN ACT TO RAISE A PUBLIC REVENUE BY EXCISES.

Whereas every well wisher to the peace arid happiness of
this Commonwealth, will most chearfully acquiesce in all
those measures adopted by Government, which tend to es-
tablish their public faith and honor; to ease the people as
much as possible of direct taxation, and to encourage the
agriculture, Manufactures and population of the Country,
the great sources- of national wealth and happiness : and

1786. — Chapter 49. 131

as the General Court, after the most mature deliberation,
are clearly of opinion, that Excises, on such articles of
foreign luxury, as can be easily collected, and on such
domestic articles, as are not the necessaries of life, zoill, in
addition to the impost duty, have a happy tendency to ac-
complish these salutary purposes :

Be it therefore enacted by the Senate and House of Repre-
sentatives in General Court assembled, and by the author-
ity of the same, That on and after the first day of January
next, there shall be paid on the following Articles, the
Excise duty to them respectively herein affixed, viz.

Every Gallon of Madeira Wine, one shilling and four Excised articles.
pence.

Every Gallon of other Wine, nine pence.

Every Gallon of foreign Hum, nine pence.

Every Gallon of other foreign distilled spirits, nine
pence. •

Every Gallon of New England Rum, and distilled spirits,
four pence.

Every pound of Bohea Tea, six pence.

Every pound of other India Tea, one shilling.

Every pound of Coffee, one penny.

Every pound of Cocoa, one penny .

Every pound of imported Chocolate, sixpence.

Every pound of Loaf Sugar, one penny half penny.

Every pound of other Sugar, half a penny.

Every hundred of Lemmons, one shilling.

Every hundred weight of Raisins, three shillings.

Every pound of Snuff, four pence.

Every pound of Tobacco imported in the leaf, one
penny.

Every pound of manufactured Tobacco imported, two
pence.

Every imported Clock, twenty-four shillings.

Every imported Watch, twelve shillings each.

Every Coach and Chariot, eight pounds each, yearly.

Every Phaeton and four wheel Chaise, four pounds each,
yearly.

Every fallback Chaise, fifteen shillings yearly.

Every other Chaise, ten shillings, yearly.

Every Sulkey and riding Chair, nine shillings each,
yearly.

Be it enacted, that on and after the first day of January
next, every person that shall import any of said excised

132 1786. — Chapter 49.

articles, or to whom any of them shall be consigned, and
eveiy person distilling or manufacturing any of them ; and
every person owning or possessing any of them shall be,
and hereby is prohibited from selling or bartering the same,
or any part of said excised articles, Carriages excepted,
without a permit so to do, in writing, from the Collector
Forfeiture for Gf Excise in the County or District, or his Deputy, on
articles, without forfeiture of two hundred pounds, and the value of the
articles so sold or bartered, saving that such persons as
are licenced by a Court of General Sessions of the Peace,
may sell spirituous liquors only.
powtred'tog'mit ^e ^ enacted that every person having excised articles
permits. to sell or dispose of, shall on the said first day of January

next, take an accurate account thereof in writing, and ex-
hibit the same, under oath, to the Collector or his Deputy,
when he shall apply for a permit to sell or dispose of said
excised articles, or any of them, and shalr be accountable
to the Collector for the excise thereon, agreeably to Law ;
and the Collector or his Deputy, is hereby empowered and
required to grant to every person, applying for the same,
and giving such security, as is herein-after prescribed, a per-
mit in writing, to sell all, or any of said excised articles,
(except spirituous liquors by retail) for the term of twelve
Permitted per- months ; and every person applying for such permit, shall
sons c on g-ye kon(j ^0 ^|le Collector, with sufficient sureties, living
within this Government, in a sum not exceeding one thou-
sand pounds, nor less than One hundred pounds, that he
will render to the Collector or his Deputy, such an excise
account, and pay him such excise duties, as is and shall be
required by Law, during the continuance of his permit :
and every person, who shall be licenced, or permitted to
sell excise articles, after the said first day of January next,
shall exhibit to the Collector, or his Deputy, an accurate
account on oath, of all excised articles in his possession
at the time of such licence or permit being granted, and
shall also exhibit at the time of payment, an accurate
account of all excised articles, which he shall have dis-
tilled, manufactured, taken in or received, after such first
account, except such as he shall purchase by retail agree-
ably to this Act, and shall, at the times hereafter provided,
pay the excise duty, to the Collector of the County or
District, or his Deputy, on all the excised articles afore-
said, excepting such as shall have been sold to persons duly
licenced, or permitted, and for which proper Certificates

1786. — Chapter 49. 133

are returned, and such as shall actually remain on hand,
to be shown to the Collector or Deputy if required, and
such as shall have been exported, in conformity to Law : and
all excise accounts shall mention the name of the person Excise accounts,
of whom the article was bought or received, the quantity ow exi,reS8ed-
of each article, and the Town and County in which he lives ;
and if any of said excised articles shall have been sold to
persons licenced or permitted, the said account shall men-
tion the name, the Town and County to which he belongs,
the quantity sold, and the time when ; and the person so
accounting, shall exhibit a certificate thereof, to the Col-
lector or Deputy, under the hand of the said licenced or
permitted person ; and for the articles named in such Cer-
tificate, the Collector or his Deputy, shall not demand any
excise, but shall transmit the Certificate to the Collector
of the County or District where such licenced or permitted
person lives, who shall demand and receive the excise due
thereon, agreeably to Law.

Be it enacted, that no Naval Officer or Deputy, shall EgJ^JSJJSt
o-ive a permit for unlading any excised articles, without be g'ven. tm tQe

V» . . i >-, 'n r i r\ n ,, duty is secured.

first having received a Certificate trom the Collector, that
the excise duty is secured.

And whereas it is indispmsibly necessary, in order to
prevent imposition and fraud, that the Collectors of Excise
and their Deputies, should knoiv the exact quantity of ex-
cised articles :

Be it therefore enacted, that every Collector of Excise collectors to ap-
be, and he is hereby authorised and directed, forthwith to weighers.8"8 *"
appoint in each Port where there is a Naval Officer, a suf-
ficient number of suitable persons to be gaugers and weigh-
ers of those excised articles brought into such Port which
pay an excise on the pound or gallon ; and the master or
owner of the vessel or float, having excised articles on
board thereof, shall previous to unlading the same, or any
part thereof, apply to some one or more of said gaugers Their duty.
and weighers, who shall attend to the unlading thereof,
and shall weigh immediately on being landed or stored,
those articles which pay an excise on the pound, and
gauge those which pay an excise on the gallon, and shall
make return thereof in writing, to the Collector of Excise
or his Deputy, of the exact quantity contained in each
package ; and shall mark and number the same as the Col-
lector shall direct ; and before the gaugers and weighers
enter on the duties of their Office, they shall be sworn by

134 1786. — Chapter 49.

the Collector to the faithful and impartial discharge thereof,
Names to be re- agreeably to Law : And the Collectors shall immediately
c'omp't.Ge'nerai. return the names of the gaugers and weighers, by them
appointed, to the Comptroller General ; and if the Comp-
troller General has reason to believe, that any person so
appointed, is not suitable for the business, he shall signify
the same to the Collector in writing, and the Collector
shall make null and void the appointment aforesaid, and
appoint another person in his stead.
Their fees. J3e it enacted, That the gauger and weigher, shall receive,

in full for his services, one penny for each gross hundred
he shall weigh, and four pence for each hundred gallons he
shall gauge, and in the same proportion for a larger or
smaller quantity, to be paid by the Collector of Excise,
who shall take a receipt of the gauger and weigher for the
money paid, and the same shall be allowed him by the
Comptroller General on settlement of accounts.
when auy vessel _fie it enacted that when any vessel shall arrive, having;

shall arrive, with .,., -iii • i P

excised articles, excised articles on board, the owner or consignee thereof,
cons?gueershaii shall, previous to unlading the same, give bond to the Col-
cciiecbt0o"d tothe lector or his Deputy, that he will comply with the Law,
relative to the gauging and weighing, that he will within
fifteen days, render to the Collector or his Deputy an ex-
act account of the quantity of each and every excised
article, that has come to his care, on board of said vessel,
and that he will then give an excise bond, with surety, to
be accountable for the excise as the Law directs. And
when the Collector of Excise or his Deputy, shall receive
such bond, he shall certify the same to the Naval Officer,
who shall give a permit to unlade the excised articles ex-
pressed in such certificate. And the excise bond, shall be
in form following, viz.

Form of the KNOW ALL MEN by these presents, that WE

bond. J / ;

of in the county (or District) of

Merchants, are jointly and severally held and firmly
bound unto Collector of Excise in the ,

in the sum of pounds, lawful money, to be

paid to the said or his successor in Office,

to which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators,
firmly by these presents ; sealed with our seals.
Dated this day of in the Year of Our

LORD, One thousand seven hundred and eighty
The CONDITION of this obligation is such, that

1786. — Chapter 49. 135

WHEREAS the above-bounden has im-

ported on board of the following excised

articles, viz {Jiere name the quantity of each article.)
NOAV if the above-bounden shall pay, or

cause to be paid to the said or his successor

in Office, the excise duty, as required by Law, on
the above enumerated articles, amounting to the sum
of or produce certificates for the discharge

thereof, as the Law directs, then this obligation shall
be void, otherwise of full force and virtue.
Signed, Sealed and delivered, )
in presence of $

Be it enacted that for the adventures which may be seperatebond
brought in such vessel or float, belonging to the Master, forad^ntures,
Mate or other mariner, a seperate bond in the form afore- inthesameform.
said, mutatis mutandis, shall be given to the Collector of
Impost and Excise, for the amount of the excise duties
thereof, either by the Master for himself, and in their be-
half, or by each of them severally, to whom the property
may appertain ; and if the adventures aforesaid, or any
part thereof, shall be taken out of the said vessel or float,
previous to bonds being given as aforesaid, the owner of
such goods shall forfeit and pay for such offence double
the value of the goods so taken out, contrary to this Act.

And be it enacted that each person giving an excise bond Persons giving
as aforesaid, shall at the expiration of every three months derm account
from the date of it, render an account to the Collector or every 3°months.
his Deputy, and pay him the excise, or return such certif-
icates as the Law directs, for all the excised articles named
in his bond, which have been sold or any way disposed
of; And shall continue so to do at the end of every three
months till the whole are disposed of, And when he returns
certificates, to be endorsed on his excise bond, he shall
make oath that the articles contained therein, are the iden-
tical ones mentioned in his bond ; And he shall at each set-
tlement, on demand by the Collector or his Deputy, shew
to him those identical goods named in the bond, which he
says are on hand ; and if he refuses or neglects to do it on
demand as aforesaid, or if he refuses or neglects to account Penalty for re-
as aforesaid, the Collector shall put the excise bond in
suit, and shall recover judgment for a sum equal to the
Excise due on the articles mentioned in the bond, with
costs, excepting what has been previously endorsed. And
the Collectors and their Deputies shall keep these bonds

136

1786. — Chapter 49.

Bonds, how
cancelled.

Persons pro-
hibited from
selling excised
articles free of
excise, except
by retail.

A deduction of
10 per cent, on
liquors & brown
sugars.

Collectors to
keep such books
as the Comp-
troller General
shall direct.

bound in a book, and shall cancel them by taking off" the
name and seal only ; and should the certificates on the
final settlement of the Excise bond, fall short of the orig-
inal weight and gauge, on account of leakage, the Col-
lector shall allow a deduction not exceeding Jive per centum,
on liquors and brown sugar.

And Whereas it is apprehended, that many frauds will
be committed, by allowing persons to sell excised articles
free of Excise, under a pretence of paying it themselves :

Be it therefore enacted, That on and after the said first
day of January next, every person be, and he is hereby
prohibited from selling any excised articles free of the
excise, or any part of it to licenced or permitted persons,
so as to excuse such licenced or permitted persons from
paying such excise, except by retail only ; And at Public
Auction, no sale whatever shall be considered as retail ;
and no other sale shall be considered as retail where the
quantity exceeds one quarter of an hundred in weight, or
ten gallons in measure, except in the article of brown
sugar, the sale of one hundred weight may be considered
as retail. And every person selling, or any way disposing
of excised articles to licenced or permitted persons, except
as aforesaid, shall take certificates for the payment of the
Excise on the full quantity so sold or disposed of, and
shall return them to the Collector, at the Periods required
in this Act. — And whoever shall sell or any way dispose
of excised articles, contrary to the true intent and mean-
ing of this enacting clause, shall forfeit and pay a fine of
ten pounds, and the value of the articles so sold or dis-
posed of. — And no Collector or Deputy, in settling an
excise account with any licenced or permitted person, shall
allow him the excise, or any part of it, on any article what-
ever, on account of his having paid it to the person of
whom he purchased, except as aforesaid ; and the Col-
lectors shall allow a deduction of ten per centum, on all
monies received for excise on liquors and brown sugars.

And in order that Government may at any time know the
quantity of excised articles, imported and exported, and
the quantity consumed in each individual County :

Be it enacted that the Collectors of Excise, and their
Deputies, shall keep such books, in order to ascertain the
same, as the Comptroller General shall direct ; and they
shall make such returns, copies and abstracts, as he shall
from time to time require.

1786. — Chapter 49. 137

Be it enacted, that the first day of May, and the first ^™nec8e^,eedrsf0°nrs
day of November, annually, shall be the times all licenced to render their
and permitted persons shall render their accounts, exhibit
their certificates, and pay their excise, unto the Collectors,
agreeably to this Act ; and the said Collectors shall begin
their circuits on the first of said months, and shall attend
at some convenient place in each Town in their respective
Counties, in order to receive and settle all accounts relat-
ing to the said excise, first giving seasonable and public
notice of the time and place where the said business is to coiiectorsto pay-
be transacted. And the Collectors shall immediately pay the treasury.
the monies they shall so receive for excise, and for all fines
and forfeitures incurred for a breach of this Act, to the
Treasurer of the Commonwealth, and take duplicate re-
ceipts therefor, one of which they shall lodge with the
Comptroller General; and they shall, on the last day of Jc°cobua^Bn^!ir
May annually, settle and balance their accounts, under ally with the

l • i i V( ii /-. i Compt. General.

oath, with the Comptroller General.

And Whereas the requirement of an Excise duty on
articles exported, will operate to the injury of trade and
Commerce :

Be it therefore enacted that all excised articles exported pVrted?shaii be
out of this State, shall be free of excise ; Provided the ^yidel'the'
exporter shall give bond to the Collector or his Deputy, exporter give
with sufficient surety, living within the State, that he will
produce and deliver to the Collector or his Deputy, at the
time limited in the bond, a certificate from under the hand
of the Naval Officer, Collector or other Officer of the Cus-
toms, in the State to which the goods are exported, pur-
porting that he has appeared before him, and made oath
that the goods so bonded for exportation (naming them)
have been bona fide brought into that State : And if such
certificate is produced within the time limited, it shall can-
cel the bond, and not otherwise.

Provided nevertheless, that when any excised articles Proviso.
shall be exported to a State where there are no such Offi-
cers, then such certificate from under the hand and seal
of a Justice of the Peace, in such State, shall cancel the
bond ; And When the Collector shall receive such bond,
he shall give a certificate discharging the persons of whom
the articles so bonded were purchased, from the excise
thereon.

And whereas the trade of some persons, citizens of this
Commonwealth, leads them to frequent exportations of arti-

138

1786. — Chapter 49.

General expor-
tation bond may
be taken.

Collector to
transmit a cer-
tificate of such
general bond to
each deputy.

Persons licenced
to be taverners
or retailers, shall
become bound,
&c.

cles on which an excise is laid, and the giving of bonds for
each article so exported, as required in the aforegoing
clause, ivould be both inconvenient and expensive:

Be it enacted, that when any such Citizen shall apply to
a Collector of Excise or his Deputy, living in the same
District, for permission to export out of this Common-
wealth, excised articles, it shall and may be lawful for the
Collector or his Deputy, as aforesaid, to take a bond of
the said Citizen, with sufficient sureties, inhabitants of this
Commonwealth, in a sum not less than two hundred pounds,
or more than one thousand pounds, as in the opinion of the
officer will be necessary to secure the revenue from danger
of fraud ; conditioned, that once in three months (to which
time his bond shall extend) he the said Citizen will pro-
duce and render a true and just account of all and every
excised article (naming them) which he has exported, or
sold for exportation out of this Commonwealth, and that
he will produce certificates of their having been so ex-
ported, agreeably to the requisition of the foregoing clause ;
and upon his producing such certificates, his said bond shall
be cancelled as aforesaid, and no other bond shall be re-
quired of him by virtue of the aforesaid clause, during the
time to which his general bond, given as is herein required,
shall extend : and the Collector who shall take such a gen-
eral bond, shall transmit a certificate thereof to each Deputy
within his District ; or if taken by a Deputy, a certificate
shall be by him forwarded to the Collector, who shall cer-
tify the same to the other Deputies in his district, to the
intent that no bond shall be required of the said Citizen,
for any particular article to be exported during the time
the said general bond is extended to.

Be it enacted that every person hereafter licenced to be
a taverner, innholder, or retailer of any spirituous liquor,
shall, on such licence being granted, become bound by
way of recognizance, in a sufficient sum, to be ordered by
the Court that grants the licence, that they shall keep and
render such accounts, and pay such duties as are and shall
be required by Law during their licence ; and no Taverner,
innholder or retailer, shall hereafter be licenced by any
Court, unless he produces in Court, a Certificate or receipt
from the Collector of the County, or his Deputy, that he
has accounted and paid his Excise at the several periods
herein assigned, or within thirty days thereof: And if any
Taverner, Innholder or retailer, shall not obtain licence

1786. — Chapter 49. 139

at the next usual time of granting licence in his County,
and shall neglect to render his account and pay his Excise,
as the Law directs, he shall forfeit and pay a line, not less
than fifty pounds , nor more than two hundred pounds , and
costs of prosecution, to be sued for and recovered by the
Collector, in any Court proper to try the same, to be for
the use of the Commonwealth.

Be it enacted that every person taking out licence as an Sum paid for
Innholder, shall pay twenty four shillings; and every per-
son taking out licence as a retailer of spirituous liquors,
shall pay twelve shillings, and the Clerk of the Court shall
demand and receive the same, and shall pay it to the Col-
lector of the County, who shall pay said Clerk one per
cent, out of his commission : and the said Clerk shall give
to the Collector a list of the names of all the innholders,
and of all the retailers that are so licenced.

Be it enacted that every owner or possessor of any of Duty on car-
the carriages before enumerated, shall pay to the Collector paid annually.
in May, yearly, the duty affixed to them respectively in
this Act.

Be it enacted that the Assessors in the several Towns Assessors to re-
and Plantations in this State, be, and they are hereby tied carriages to
required and directed to return in writing under oath, to l eco ector8-
the Collector of excise in their County some time in the
month of April yearly, a list of all the dutied Carriages
within their respective Towns and Plantations, with the
names of the owners or possessors of the same : and if
the Assessors of any Town or Plantation aforesaid shall
nealect the due performance of their duty as required of Forfeiture for

" * v A. DGfflGCt*

them in this Act, they shall forfeit a sum not less than
twenty pounds, nor more than three hundred pounds, for
the use of this Commonwealth, to be recovered by action
or complaint of the Collector, in any Court proper to try
the same.

Be it enacted, that if the duty on Carriages, after due if the duty on
notice given thereof in the public Prints, is not paid pa'id afte/ciue'
within thirty days after it has become due, the Collector "° ^c®j &d™rre~m
shall make out an exact list of the delinquent persons snaii be made,
names, and the sums due from each of them, with ten per
cent, added thereto, and shall deliver it, together with a
Warrant of Distress, to some Constable in the Town where
such delinquent persons dwell ; and the said Constable
shall proceed in the same manner, as is by Law prescribed,
in case of non-payment of taxes ; and the said Constable

140

178(3. — Chapter 49.

Duty shall not
be demanded of
stated ministers,
&c.

Collectors of im-
post, declared to
be collectors of
excise.

Duty on bonds,
permits, &c.

Fines and for-
feitures, how re-
covered.

Former excise
acts repealed.

Proviso.

shall pay the monies mentioned in said list, to the Col-
lector, except the ten per cent, and if he neglects to return
the Warrant, and to pay the money collected, for the space
of twenty days after the time mentioned in the Warrant,
for the return thereof, he shall forfeit and pay double the
sum committed to him to collect, to be sued for and re-
covered by the Collector, in any Court proper to try the
same, to be for the use of the Commonwealth.

Provided nevertheless, That no duty shall be demanded
from the stated ministers of the Gospel, the President,
Professors, or Tutors of Harvard College, or Grammar
School Masters, for any Chaises or riding Chairs, nor shall
any duty on any Carriage aforesaid, be demanded- from any
person, who shall make the same for sale only, any thing
herein to the contrary notwithstanding.

Be it enacted that those Collectors of Impost, who shall
be appointed in each and every County in this Common-
wealth, be, and they are hereby declared to be Collectors
of Excise in their several Counties or Districts, agreeably
to this Act; and the oath they shall take, and the bond
they shall give to the Comptroller General, shall obligate
them to do the duties required by Law, of a Collector of
impost, and of a Collector of Excise ; and the same com-
mission shall be allowed on the Excise duty which shall
be collected, as shall be determined to be allowed on the
impost, previously to the appointment of the Collectors
of impost.

Be it enacted that the Collector of Excise shall receive
for a bond and permit to sell excised articles, one shilling,
for a bond and Certificate nine pence, and for a bond only,
eig 'lit pence.

Be it enacted that all fines, penalties and forfeitures,
incured by a breach of this Act, shall be recovered by the
Collector for the use of this Commonwealth, by action,
bill, plaint, or information, in any Court proper to try the
same.

Be it enacted that all Acts heretofore made laying duties
of Excise, shall from and after the last day of December
next, become null and void.

Provided nevertheless that the said Acts, laying duties
of Excise, shall continue and be in force, so far as to em-
power the Collectors to prosecute all past breaches of said
Acts, to settle the Excise accounts of all persons, up to
the said last day of December next inclusively, to receive

1786. — Chapter 49. 141

the Excises due, and also to receive the duty on Carriages,

and to take such process for the recovery of all duties, as

tho' the said Acts had not been repealed. Provided also, Further proviso.

that an Act, intitled " An Act for repealing a Law of this

Commonwealth, intitled " An Act imposing duties on

licenced Vellum, Parchment and paper, and for imposing

other duties on certain papers, Commissions, Instruments

and processes," and another Act in addition thereto, shall

remain in full force and virtue.

Be it enacted, that when any Seizures are made by any clause respect-
Naval Officer, Collector of Impost or of Excise, or either when'sefz^es
of their Deputies, if it shall so happen, that any Wit- aremade-
nesses in the case, are bound to sea, or out of the County
where the seizure is made, before the sitting of the Court,
who are to try the cause, in every such case the Deposi-
tion of any witness in writing, taken before any two
Justices of the peace, quorum unus, and sealed up and
delivered into Court (the adverse party if known, and
living within thirty miles of the place of caption, being
notified thereof) shall be as sufficient evidence in law, as
though such Witness had been present in Court, at the
time of trial, and had given his Deposition viva voce; and
when any person shall be summoned to give evidence
before two Justices of the peace, in manner aforesaid, and
shall neglect or refuse to appear, the said Justices are
hereby empowered and directed, to commit such person
so refusing, to the common Goal of the County, there to
remain, till the sitting of the Court, before whom such
seizure is to be tried, or until such person shall give his
deposition before such Justices as aforesaid.

Be it enacted, that the excise of half a penny on brown Exciseon brown
Sugars, shall be remitted to all Sugar boilers, or refiners togsurgarboiiers.
of Sugar, upon such brown Sugars as shall be by them
refined and manufactured into loaf sugar, within this State,
and the Sugar refiners shall make oath to the quantity of
brown Sugars so manufactured and refined by them, when
they settle their excise accounts, with the Collector of
Excise.

And be it enacted, that this Act shall take place and
operate, on and after the first day of January next.

November 17, 1 786.

142 1786. — Address to the People.

* An Address from the General Court to the
People of the Commonwealth of Massachusetts.

At a period, when grievances are complained of, in
divers Counties of the State ; when the symptoms of dis-
content are manifest & alarming, and individuals resort to
arms, to support their disaffection, & oppose the Courts
of Justice ; it becomes the duty of the Legislature, to
investigate, and, as far as may be, to remove the grounds
of complaint ; to undeceive those, who are misguided by
false representation ; and if lenient means are ineffectual,
to vindicate by vigorous & decisive measures, the honor
of Government, and provide for the security of the state.

The General Court have therefore employed the greater
part of the present Session, hitherto, in examining the
causes of uneasiness, and the objections made to the
measures of Government ; and in providing (as far as
honor and justice would allow) relief from the burthens,
under which the Citizens of the Commonwealth have la-
boured : and we now request the attention of our Constit-
uents, to the State of public affairs & the reasons, why a
compliance with the wishes of some of them, would be
dishonorable to us, and injurious to themselves.

We have no doubt, that endeavours are used by evil &
designing men, to alienate the affections of the people in
general, from those who are concerned in the administra-
tion of Government ; but conscious of the rectitude of
our intentions, we are convinced, that if the public meas-
ures are examined with candour, the confidence you lately
reposed in us, will not be lessened ; and that however great
the public burthens are, attempts have not been wanting
on our part, to alleviate them : no man in the Community
is exempt from those burthens ; the members of the Legis-
lature have their full share ; and can it be thought they
would designedly impose unnecessary burthens on them-
selves, or omit any thing that might tend to their relief
from such burthens? their duty and their interest, would
equally forbid it, for the relief of their Constituents would
be their own.

As we apprehend a great part of the uneasiness in the
State has arisen from misinformation, we shall in the first
place subjoin a state of the public debt, as well as the par-

* Not printed in previous editions-'.

1786. — Address to the People. 143

ticular debt of this Commonwealth as this State's propor-
tion of the national or Continental debt.

The debt of this Commonwealth is in notes issued by
the late Treasurer Gardner, & the present Treasurer, which
are called either consolidated or army notes.

The consolidated Notes that have been issued, amount to . 1,381,675,, 18,, 10
The Army Notes amount to 250,114 , 14), 4

1,631,790,, 13„ 2
Of the Army Notes, provision has been made by the tax No. 4,
for the redemtion of 140,000 And bv tax No. 5 provision is
made for the redemption of 100,000" 240,000 0 0

which being deducted leaves 1,391,790,, 13„ 2

The Notes redeemed & received into the Treasury for the sale
of lands &c amount to 34,650,, 14„ 8

Which being subtracted there remains 1,357,139,, 18,, 0

The notes for which Eastern lands have been sold, & which
have not yet been received in the Treasury, will amount to . 30,693,, 0 4

There remains, therefore, due from the Commonwealth, for
the redemption of which no provision has been made by
tax, Notes to the amot of £1,326,446, 18„ 2

Of the consolidated Notes above-mentioned, about ninety
thousand pounds were issued for the principal and interest
of the Notes, which had been given before the War by
Treasurer Gray ; the remainder were issued for money
borrowed, and for cloathing, Stores, and other Goods
purchased, and for services performed, since the Com-
mencement of the War, at the price in silver, or reduced
to that value, by the scale of depreciation.

The Army Notes were given to the Officers and Soldiers
of this State's line of the Army for their wages at the rate
promised before any depreciation had taken place.

The national, or Continental debt, is either foreign or
domestic.

The foreign debt being for money borrowed in France, Spain

& Holland, according to an estimate made by Congress,

amounts to 7,885,085 Dollars

which is equal in the lawful money of this State, to . . 2,365,525 10„
The annual interest of which, part at 4 and part at 5 per cent

is 369,038 dollars, equal in lawful money to . . . . 110,711,, 8
This State's proportion of the abovementioned foreign debt,

according to the last requisition, is, 353,925,, 7

This State's proportion of the annual interest of the foreign

debt is 16,564,, 6

The Continental domestic debt, which is due to the Citizens

of the United States for the service of the Army, and the

other expences of the war, and which is on interest at the

rate of 6 per cent, was estimated in the year 1783 at about

thirty four millions of dollars; but that estimate was

formed, partly on conjecture, and by the latest accounts

from Congress, it is novv computed at twenty seven million

of Dollars, which is equal in the Lawfull money of this State,

to £8,100,000

144 1786. — Address to the People.

This State's proportion of the Continental domestic debt,
according to the last requisition, is 1,211,906

Of which sum we have now in the Treasury of this State, in
Loan Office Certificates and final settlements, received of
divers persons on settlement of accounts, for lands for the
old Continental Currency 49,705 14

Remains 1,162,200 6

Exclusive of the above debt, which is due from the
Continent to individuals, each State has a demand upon
the Confederacy, for money expended and service done
for the benefit of the Continent ; this State has large
claims, and it is supposed we are considerably in advance ;
but there is no ground for the sugo-estion, that we owe
little or nothing of the Continental debt ; for it is to be
considered that each of the other States has demands also,
and some of them large demands ; and the method of
settlement therefore must be, to examine the claims of the
several States, & the whole that are allowed, will form
an agfo-reo-ate gUm which will be a debt due from the
United States to the several States in the Union ; that
aggregate sum must then be apportioned on the several
States, & if our claims amount to more than our pro-
portion of that sum, we shall have credit for the balance ;
but altho' we think the balance in our favor, on the settle-
ment of these accounts, will be considerable, we have no
reason to expect it will be in any measure sufficient, to
answer our proportion of the above-mentioned domestic
debt.

No endeavours have been wanting, on the part of this
State, to effect a settlement of the abovementioned
accounts with the Continent ; a Commissioner from Con-
gress sometime since attended nearly a year in this State
for the purpose of settling accounts ; his attention indeed
was chiefly taken up in the settlement of private accounts :
since that time, another Commissioner has attended as
long for the same purpose : a Committee of two persons,
on the part of the State, are chiefly employed in the
business : considerable progress has been made ; but the
accounts are almost beyond conception numerous, intri-
cate, and of difficult adjustment, owing in a great measure
to the different modes, in which the accounts were kept,
to the variety, and sometimes the supposed defect of
vouchers ; and to the different paper currencys and their
different States of depreciation : but we hope the busi-
ness will be accomplished, as soon as industry can effect

1786. — Address to the People. 145

it. The other States have not yet settled their accounts,
untill that is done, if ours were settled, we should not be
able to know, whether we are in advance or not.

Although from the foregoing statement, it appears that a
large debt is due, yet when our resources, and the manner
in which payment can be made, are considered ; We think
the inhabitants of the Commonwealth will be satisfied, not
only that they are able to pay the debt ; but that it may
be discharged without greatly distressing them.

The particular debt of this Commonwealth is almost
wholly due to its Citizens ; the payment therefore will
not weaken the State by draining it of its property.
Considerable sums are expected from the sale of lands in
the easterly part of the State, and every measure that
prudence will admit, is taken for the speedy sale of those
lands.

Of the national or Continental debt, that part which is
due to Foreigners, must be paid in Gold or Silver ; if the
Continental Impost should take place, which there is much
reason to expect, it would immediately discharge us from
the interest, & in a few years from the principal of this
debt.

Our full share of the Continental domestic debt, is un-
doubtedly due to the inhabitants of this State ; Congress
have resolved, that the lands ceded to them by the indi-
vidual States, shall be disposed of, for the payment of
that debt ; and we have lately received information, that
such measures have been taken for surveying those lands,
that a very large tract may in a short time be disposed of
for that purpose, & that Purchasers will not be wanting :

The grant of the Supplementary fund is complained of;
the reasons why the Legislature adopted that measure, are
expressed in the preamble of the Act ; and we think our-
selves entitled to expect, that no one will condemn the
measure before he has attended to those reasons. We
hope that means will soon be devised to bring into the
Treasury of this State, our proportion of the Continental
Securities ; in that case the act will never operate.

We are informed that the publick Securities are now
disposed of at a lower Rate than at any former Period :
but suppose there was no depreciation upon any of those
securities, perhaps the sums we have paid in taxes, in
hiring men, and purchasing supplies for the army, within
the last eight years, are more than the whole amount both

146 1786. — Address to the People.

of our State debt, and our proportion of the Continental
debt.

If the public had been able to prevent the depreciation
of the publick Securities, we think strict justice would
have required it ; but notwithstanding the most solemn
promises of future payment, that depreciation has taken
place ; perhaps therefore a criminal breach of faith is not
yet imputable to the public Councils : but if, when it is
within our power, we refuse to redeem the securities ;
what excuse shall we have? can we be willing, that the
History of the American Revolution shall be blackened
with the tale, that we refused to redeem the securities we
had given to effect it, and shall our posterity blush to
hear of the event because the Perfidy of their Ancestors
exceeded their glory?

Some have observed, that the Continental Currency is
not redeemed unless at the rate of seventy five for one ;
and propose that the whole debt be reduced by law to the
present current value : but is there not a wide difference
between the cases? The first emissions of that currency
were comparatively small ; after it had suffered a depreci-
ation beyond what has happened to any of the public
securities, immense sums were brought into circulation ;
and the public received a consideration for them not
more than at the rate of one for forty or fifty, and perhaps
more ; it was therefore thought unreasonable to redeem
them at the nominal value : besides, if the securities should
be reduced by Law to five shillings on the pound, they
would instantly fall in their current value, to one shilling,
there would then be the same reason for reducing them to
that sum, & from thence to nothing.

If an individual is involved in debt, both prudence &
honesty require him to be frugal, and pay his debt as
soon as may be ; by a long and expensive war, we
incurred a large public debt, tho' far less than that, which
our enemies incurred ; but instead of using every effort to
pay it, divers persons have employed themselves in devis-
ing methods to get rid of it, without payment ; many
indeed have employed much more time and money to this
end, than (if better employed) might have purchased their
whole proportion of the public securities — they alledge
that many of the first professors have been obliged to sell
them, for little more than one third of their amount,
& therefore that the present holders ought to receive no
more : but we should do well to remember, that the

1786. — Address to the People. 147

public has received the full value of all the Notes they
have issued, they were made transferable by Law ; and
many of them have been sold, but if we had paid them as
we promised, very few would have been sold ; and shall
we take no measures to pay them now, because we have
omitted the payment so long ?

It is said to be unreasonable to compel the man, who
has been obliged to sell his securities at a low rate, to
redeem them at the nominal value : this observation is
made with an ill grace, when every man, who has sold his
notes, can purchase them again at a lower rate than he
sold them.

The nations of Europe, are unable to maintain War,
without borrowing ; much less could we : but in case of a
war, who would lend us, if our neglecting seven years to
pay the sum borrowed, will justify our not paying at all.

Policy, therefore, as well as justice, demand, that we
do all in our power to satisfy our Creditors. In private
life the man, who avails himself of artifice and fraud, will
soon find his character blasted, & himself the object of
contempt ; while he, who incompassed with difficulties
maintains an honest course, may hope for the friendship
of man and the favor of Heaven. The same will be the
case in States and Communities, so long as Righteousness
exalteth a nation.

Among the late' various complaints, perhaps none is
more frequently made, than that the people are ignorant
what becoms of their money ; that they pay large taxes,
and never learn how they are disposed of. We shall
therefore state the amount of the several taxes, commenc-
ing with the Gold and Silver tax in 1780, & including the
taxes granted since that time, except the tax granted in
March last ; the Payments that have been made on those
taxes, the Impost and Excise &c. the & manner in which
the money Ac. arising therefrom, has been expended.

The Amount of the Taxes since 1780 is 1,407,895,, 12„ 10

Abatements to several Towns on those Taxes 111,226, 2„ 1

Still due upon those Taxes . . . 279,137, 1, IX 390,663, 3„ 2'4

Received into the Treasury upon the above mentioned taxes 1,017.232,, 9„ IX

The amount of Impost and Excise 154,378,, 6 , 4

The amount of one per cent : duty on Auctioneers . . . 4.196 , 7

The amount of what has been rec? for Absentees Estates sold 25,283,, 15;/ \\X

Received of Naval Officers 2,715,, 19,, 2

Anticipated on the several taxes & on the Impost & Excise

by the Treasurer's Orders 78,481,, 4„ 0

Received of sundry Agents, Commissary General &c. &c. . 44,090,, 16„ 5

1,326,378,, 12,, IX

148 1786. — Address to the People.

The following is an Account of the manner, in which
the money &c. received for the taxes &c. abovementioned,
has been expended.

Warrants drawn on the Treasurer for the payment of Militia
Rolls, Continental Teamsters, repairs of the Castle; pay of
the Garrison there, Officers & Soldiers disabled in former
wars, Officers & Soldiers disabled in the late war; Commit-
tee to purchase Cannon and other warlike stores, accounts
allowed by the Committee on Accounts; building Light-
houses ; Committee to settle the boundary line between this
State & New York, the survey and sale of eastern lands, &c;
the Warrants drawn from October 1781 to October 1786,
altho' some of the services were performed before, . . 295,588;; 1„ 5
Paid to the Continental receiver of taxes .... 169, 002,, 6 0
Mr. Appletons Certificates, received for taxes, which are not

yet paid to the Continental Receiver 12,894,, 18„ 0

Militia rolls for sundry services, & for the pay of 3 & 6

months men 112,427,, 0., 5

for teamsters, paid Oolo. Jabez Hatch 18,601,, 4„ 5

Colo. John Allan, for Eastern Indian Department, freight of
cloathing from France, quarters &c. for the Officers of the
French army, while in Boston 1% years pension to Richard
Gridley, e6qr., and a balance of a gratuity of twenty-four
dollars specie, due to the Soldiers of this Commonwealth's

line of the Army 8,303,, 3„ 2

Warrants for 3 month's pay of the army in 1780 . . . 30,717,, 7„ 0

New emission bills redeemed and burnt 150,329,, 15,, 2

do redeemed & now in the Treasury .... 44,146,, 3„ 9

Interest paid on new emission bills 15,576,, 5„ 4

Army Notes redeemed 95,624,, 2„ 10

Bounties paid for killing wolves 1>405„ 0 0

Interest paid on State Notes for four years .... 265,371,, 1„ 2
Certificate money redeemed & burnt which was issued in 1781,
to purchase Stores for the Army, & and receiveable on the

tax of that year 8,364,, 0 0

Certificate money redeemed and now in the Treasury . . 9,987 0 0
Allowance to Peter Savory on account, for supplies from

France 982,, 16„ 0

balance of the Gold and Silver Tax, that was due from Sheriffs

remaining to be by them accounted for .... 3,158,, 1„ 6
Paid sundry taxes which became due on absentees Estates
before those Estates were sold and sundry Resolves of

Court to discount such Taxes 3,842,, 13„ 2

paid to Continental Commissary for wounded Officers &

soldiers, in addition to what is charged in the first article . 10,335,, 15„ 0
Committee for settling with the army, methodizing public

Accounts, & settling" with the Commissioner of Congress . 2,069,, 13, 8
President and Professors of Harvard College since the year
1781 including a Grant made to President Landon for ser-
vices previous to that time 2,362, 16, 8

To Members of Congress from June 1780 to Sept 1786 . . ,11,558,, 8„ 2
Warrants in favor of the former & present Governor from

Octr 1780 to Octr 1786 6,150 0 0

For the Members of the Council at 8/ P day for each Days

attendance at the Council board since the year 1782 . . 3,387,, 1„ 10
For the members of the Senate, from Octor. 1780 to Octor.

1786 at 7/6 P Day for each Days attendance . . . 9,052,, 6„ 1
For the members of the House of Representatives, for their
service during the same period, at 7/ P Day for each days

attendance " 44,865,, 10„ 0

Treasurer and Clerks, Secretary and Clerks, Commissary
General, Chaplain of the Court, Messengers of the Court &
of the Council and Clerks of the Committee on valuation . 6,941,, 10, 2
The Judges of the Supreme Judicial Court .... 7,143,, 11„ 7
Attorney General, in full of his services in that Office before
1783 1,063,, 12„ 0

1786. — Address to the People. 149

Committee for revising the Laws, and their Clerk . . . 209;/ 16;, 0

Record books Stationery and fuel not paid by Committee of
Accounts 271 19 4

1,351,633,, 19„ 11
Deduct what remains unpaid on the Warrants in favor of the
Governor, the General Court &c. &c. &c 25,255,, 7,, 9%

£1,326,378,, 12„ \%

The particular accounts of payments from the Treasury 5
are exceeding lengthy, and could not with any convenience
be here inserted.

It appears that of the above taxes which have been
received into the Treasury, the greater part has been dis-
bursed for defreying the expences incurred by the War ;
more than one hundred and eighty thousand pounds have
been collected for the use of Congress, partly in Specie,
to enable them to pay for such services as required prompt
payment, to support the federal Government, and pay
the interest of the foreign debt : and partly in the Certifi-
cates of Mr. Appleton, for the payment of the interest of
the domestic debt.

It also appears, that exclusive of the sums paid to Con-
gress, the public Debt has been much lessened ; almost
the whole sum expressed in the first article of the Account
of moneys expended, was paid to the Militia & for other
services and supplies in the War ; and was a part of the
debt of this State, altho' Notes had not been given for it ;
the New Emission bills and the Certificate money &c. &
the Warrants for Rolls &c were also debts of the Com-
monwealth, altho' the latter was charged to the Continent;
and therefore exclusive of the Army Notes that are re-
deemed, more than six hundred and fifty thousand pounds
have been paid within the last six years, towards the Debt
of this State, beside the interest of the Notes of this Com-
monwealth.

The Taxes above mentioned were all made payable,
either in Specie or in the new Emission Currency, or in
the Army Notes or in the Certificate Money abovemen-
tioned or the Certificates of Mr. Appleton. exclusive of
these, the People of this Commonwealth have paid large
Taxes of a different Description.

By a Resolve of Decr 3d 1780 — 4240 Men were re-
quired to be raised by this Commonwealth, for 3 years or
during the War, it appears by the Returns of the several

150 1786. — Address to the People.

Towns that the average Price of hiring those Men was
£85„ 13/

The Expence of the whole, therefore, was 363,156.

By a Resolve of March 1782 — 1500 Men were ordered to be raised
for the like Terms the average Price of which was £61,, 14„ 8

the whole Expence, therefore, was 92,350

The average Price of hiring 2700 Men for three months in 1781,
was £7 — the whole amounted to 18,900

The average Price of hiring 500 Men for five months in 1781 was

£7 — and the whole amounted to 3,500

Three Beef Taxes have been granted, for procuring in the whole
8,927,115 lbs of Beef which at 4>i y lb would amount to . . 148,785,, 5„

The old Emission Currency redeemed and brought into the Treas-
ury at the Rate of 1 for 75 amounted to 122,655,, 12,,

749,346,, 17

The above Expence it is manifest was occasioned by the
War.

The Account of the Manner in which the Money &c.
received for Taxes &c. has been expended, includes all
the Warrants that have been drawn on the Treasurer from
October 1781 to October 1786 ; The Expence of civil
Government, to wit, the Governour, Council, Senate and
House of Representatives, Members of Congress, Judges
and Atty. General, Secretary & Treasurer & Clerks,
Commissary General, Chaplain, Messengers, Committee
for revising the Laws, &c. would according to this Account,
be ninety thousand five hundred and forty four pounds
fifteen Shillings and two pence for the last five years : but
we find that near the Close of the Paper Currency, War-
rants oftentimes were not drawn untill a considerable
Time after the Services were performed. In the Warrants
mentioned in the above Account in favor of the Members
of the General Court & of the Congress only £5619,, 8„ 1
was for Service performed before October 1781 — Not-
withstanding which we shall consider the above Sum of
ninety thousand five hundred & forty four pounds fifteen
Shillings & two pence as wholly the Expence of civil
Government for the last five years ; it will then follow,
that eighteen thousand one hundred & eight pounds nine-
teen Shillings has been the annual Expence of Govern-
ment, about one half of this Sum is for the Service of the
House of Representatives, their Travel is paid by the
State, but their Attendance is ultimately paid by the
ToAvns they respectively represent ; their Travel is less
than one fifth part of the whole Sum allowed them, and
therefore four fifths of the Expence of the Representatives
is not so properly the Charge of the Commonwealth in

1786. — Address to the People. 151

General as of the particular Towns that choose them.
The Sessions of the General Court since the War have
necessarily been frequent and lengthy. A revision of the
Laws was found necessary, and has taken much time : the
matters to be attended to have been vastly numerous, and
a far greater variety of difficult & important questions has
arrisen than formerly ; upon which the people in different
parts of the Country were divided in sentiment ; as the
Representatives brought to Court the views of their Con-
stituents, the sessions have been lengthened out, by long
& interesting debates. The disturbances at different times
in the State, have also multiplied and protracted the
Sessions ; these embarrassments we hope are nearly at an
end, and whenever they cease, the expences of Civil Gov-
ernment, will be considerably diminished.

We shall state for your information on this Subject, an
Account of the salaries and emoluments of the several
Officers of Government, before and since the Revolution.

The Governor under the former administration received
a Salary of £1,300 in Specie, he had the use of the
Province House Gardens &c, he also received for every
Register 5/ for every Certificate under the Province Seal
3/, one third part of all seizures, and prizes, a consider-
able sum from the Naval Officer, and other emoluments,
amounting it is supposed to £1,000 per annum, making
in the whole £2,300, he was also exempted from taxation.

The Governor, under the present constitution, has the
yearly salary of £1,100, — no house or accomodations are
provided for him ; he receives no perquisites or emolu-
ments whatever, & is not exempt from taxes. When the
Governour's salary was settled, soon after the Constitu-
tion, Regard was had to the Probability that money would
soon be as scarce and valuable as it was before the War.

The Lieut Governor, under the former Administration
received no salary ; but as Captain of the Castle, received
wages, rations, and the benefit arising from passes, all
which it is supposed amounted to £250 per annum — the
chief of the time he was a member of the Council.

The Lieut Governor under the present constitution,
receives no salary as Lieut Governor ; but as Captain of
the Castle, he also receives wages, rations, and the like
benefit arising from passes, all which it is supposed,
amount to the same sum of £250 per annum he is also a
member of the Council.

152 1786. — Address to the People.

The judges of the Superiour Court, under the former
administration received as follows — In the year 1774 a
Salary of £300 was granted to the Chief Justice, the other
four receivtl £250 each ; the fees of office to wit : for the
entry of every action 6/8 &c &c &c, which they re-
ceived, paid more than their traveling expences, which
were over and above their salary ; notwithstanding the
business was far less than it is at present ; some of the
Judges at least, were in other offices, as Judges of Pro-
bate, Counsellors &c.

Soon after the present Constitution took place, salaries
were granted to the Judges of the Supreme Judicial Court
as follows to wit, to the Chief Justice £320 $> annum, &
to the other four Judges £300 each — since that Time the
Jurisdiction of that Court has been much enlarged new
Powers have been given to them to permit the sale of
Lands, they are now the Supreme Court of Probate, they
have Jurisdiction in all Cases of Divorce & Alimony which
heretofore belonged to the Governour & Council — A
Court is also holden in the County of Lincoln. In con-
sideration that their Business was greatly increased, by
an Act of February 1785 an Addition of £50 p annum was
made to each of their salaries to commence Jany. 1st
1784, & continue untill January 1st 1787 they are re-
strained by the Constitution from receiving any other
emolument whatever: all the fees now taken by them,
being deducted out of their salaries : great part of their
time is taken up in the service of the Commonwealth on
the Circuits, and nearly the remainder on the public busi-
ness, at their respective homes in examining matters of
law which are continued for their examination & Judg-
ment ; and it is supposed that the salary of the present
Judges is less than the salary and perquisites of the
former Judges.

The Treasurer under the former Administration received
£267 per annum, and was Counsellor during the time he
was in Office ; the Office in which his business was done,
was found him by the Government, besides which an
annual Grant from 100.0.0 to £120.0.9 was made him
for extra services.

The present Treasurer has £350 with a House and
Office and his whole time is employed in the business, and
he cannot have any other advantage whatever.

The Secretary under the former Administration, received

1786. — Address to the People. 153

£140 per annum, beside his fees, which are supposed to
amount to £200 more, in the following manner, to wit, —
for every Certificate under the Province Seal 2/, engross-
ing Acts & Laws 6/ each, every Commission of a Justice
of Oyer & Terminer & Justice of the Peace, 6/8 — every
commission under the great seal, for places of profit 6/8,
— every Order of the General Court for the benefit of
particular persons 6/8, — every Writ for electing Repre-
sentatives 5/ &c. &c and yet his time was not half
employed, and additional Grants upon many occasions
were made him.

The present Secretary has a Salary of £250 per annum,
the fees of Office the last year amounted to £140, and
were deducted from the aforesaid sum. He has no fees
of Office but what are deducted from his salary, which is
not nearly equal to the salary & perquisites of the former
Secretary, notwithstanding the service rendered to Gov-
ernment is more than double.

Before the war the Province had two Agents at the
Court of Great Britain, who received a salary of £400
lawful! money each.

The Delegates at Congress received for the current year
thirty three shillings per day, while they were in service :
at the last May session, it was determined that they should
receive 26/ for each day's attendance, for the year which
commenced the first Monday of Novr current, which is to
include every expence.

The Officers of Harvard Colledge now receive the same
salaries as they did for a number of years previous to the
Revolution.

The Clerk of the House of Representatives under the
former Administration received from £90.0.0 to £100 and
received pay as a member of the Court.

The Clerk of the present House has received at the rate
of £135 the Sessions being more frequent & much longer
than formerly, & he cannot be a member of the House.

The Messenger of the General Court formerly received
£120 — The present Meessenger receives only £80.

It was supposed the avails of the Attorney General were
very small during the war, he was appointed to that office
June 12th 1777.

In Jany. 1779 a grant was made him of £900 of the old Emission

equal in Specie to £100

In May 1780 another Grant was made him of £7^)00 equal in specie to 107

In March 1784 a Grant was made him in specie of ... 1063 12

The whole amount of what has been granted him since his appoint-
ment to that office in 1777 is 1270 12

154 1786. — Address to the People.

A considerable part of the money granted to the Attor-
ney Gen1 in paper, was not received till its value was much
less than the sums to which it is liquidated as above.

From this statement of facts, our Constituents will judge
if there is any ground for the suggestion, that the support
of Civil Government is become an insupportable burthen
upon the people.

It has been said indeed, that the Governor & the Gen-
eral Court are paid by the Treasurer in money, when other
Creditors can get nothing, except Orders on the Consta-
bles of the several Towns ; but the present Governor has
received only £15,, 1,, 3^- more than two quarters of his
salary ; the amount of what he has received has not been
sufficient to discharge his taxes since his first election to
the office of Governor ; and there is not a member of the
General Court who has received a farthing in Specie from
the Treasurer for his service the present year — Nor have
they since the Constitution took place recd from the treas-
ury nearly so much in money as their actual expences.

The sitting of the General Court in Boston, has occa-
sioned uneasiness ; doubtless it would be more convenient
for a part of the State, if it was holden at some other
place ; but the interest and wishes of a part, are not to be
considered alone : Boston has long been thought the most
convenient place : some of the General Court have sup-
posed otherwise : but the major part were against a re-
moval and must the minor part therefore rise against the
Government ? Because they could not have every thing
as they wished could they be justified in resorting to force?
Such a principle would destroy all Society. Attention
however has been paid to the Instruction of many Towns
respecting the removal of the general Court out of the
Town of Boston and a Committee consisting of a Member
from each County has been appointed to consider the Sub-
ject & report.

It never can be the case, that the whole community shall
be of the same opinion. In a Republican Government the
major part must govern : If the minor part governs, it
becomes an Aristocracy : if every one opposes at his
pleasure, it is no Government, — it is anarchy & con-
fusion.

In some parts of the Commonwealth it is frequently
said, — if our Representative goes to Court, he will do us no
service ; for the measures he is in favor of, will not be
adopted : but why will they not be adopted? every meas-

1786. — Address to the People. 155

ure that is proposed, is attended to, and considered ; and
if finally rejected, it is, because the majority think it inex-
pedient ; and how absurd and contradictory would the
proceedings of the Court be, if every proposition should
be acceded to.

The Complaints in different parts of the State are re-
pugnant ; and petitions from different places, request
measures, directly opposite ; it is impossible therefore,
that all should be gratified : what then shall be done ?
unless we submit to be controuled by the greater number,
the Commonwealth must break in pieces; — but neither
will the inhabitants of any County or Town be all of the
same sentiments, each man therefore must be a part, and
the whole reduced to a state of nature.

If then it is plain that the vote of the major part must
govern, the question is, where shall that vote be taken?
not in a County Convention ; because nine tenths of the
State are not represented, and their interest is not attended
to. The Constitution has pointed out the mode of repre-
sentation; and will any one suppose that because the
persons chosen, are called a General Court, they have less
integrity or patriotism, than if they were called a con-
vention.

It is even said by some, that a new Constitution is
necessary ; and altho' the sentiments of the persons who
complain are opposite on this point : the subject may
demand some attention ; the objection made to the present
Constitution is, the expence of the Government : from the
foregoing statement of that expence for the last five years,
we find that if the expence of the House of Representa-
tives is included it will not exceed eighteen thousand one
hundred & nine pounds by the year ; as there are in the
State, more than ninety four thousand polls, if the whole
sum was paid by the polls, each poll must pay three
shillings & ten pence, and no more ; but as about two
thirds of the taxes are paid by the Estates, the tax upon
a poll, according to the present mode of assessment, would
be less than sixteen pence

It has been alledo;ed, that the salaries given to the
Officers of Government, are a great burthen.

The Governor has per annum 1100

The Secretary 250

The Treasurer 3.50

The Judges of the Supreme Court 1775

The Commissary General 150

3625

156 1786. — Address to the People.

If this sum was wholly paid by the polls, the tax would
be no more than nine pence half penny upon a poll : it
must therefore be apparent to every reasonable man that
the large taxes we have paid, have not been applied to
the support of Civil Government.

We have but lately heard, that the Senate has been
thought by any one to be a grievance ; — if it has been so
considered we think it must have been owing to inatten-
tion ; for we are convinced, that every judicious man who
attends to the nature of our Government will consider,
that as an important and necessary branch of the Legis-
lature.

Before the Constitution was formed every Town in the
State had a right to send one or more Representatives ;
the people at that time were very tenacious of this right ;
it is highly probable they would be so at the present time ;
perhaps the very persons who complain, would not be
willing to part with it for if they preferred a Legislature
elected by Counties, to one chosen by the several Towns,
such an Assembly would be constituted like the present
Senate & differ only in name ; however, the cost of an
experiment would far exceed the sum proposed to be
saved, as a revision of the Constitution may take place in
1795, when it is to be hoped, the minds of men will be in
a more tranquil state.

An attempt to form the present Constitution was begun
in the year 1777 and was not completed until the year
1780. The cost and trouble attending it, we all remember
were exceeding great, & perhaps nothing would finally
have been agreed to, if an unusual spirit of mutual conde-
cension had not prevailed ; a sense of common danger
from abroad produced internal harmony &, union ; but
what hope could we now have of that mutual compliance,
which would be necessary to agree upon a form of Gov-
ernment, when the tempers of so many, are in a state of
irritation ? Should the present Government be overthrown,
a state of General confusion would ensue ; and after we
had experienced all the horrors of anarchy, & the effects
of unrestrained violence and revenge, our dear earned
freedom, would probably be swallowed up, by domestic
despotism or foreign dominion.

The Constitution is as free and popular as the preserva-
tion of Society will admit ; and indeed some have feared,
it is more so : it ha^ been highly applauded by foreigners

1786. — Address to the People. 157

and approved by the people : all persons employed in the
Legislative, or Executive parts of Government, depend
annually upon the people for their choice : if the people
are dissatisfied with their conduct, they have an opportu-
nity yearly to appoint others, in whom they can morefully
confide ; can there be any necessity then, of resorting to
irregular, or violent measures to obtain redress of Griev-
ances ?

That the people are overburthened with taxes is said to
be a Grievance : the taxes have indeed been very great,
perhaps the General Court have misjudged of the abilities
of their Constituents but it may be that those who complain,
if they knew the state of the public debt, and the motives
of the Legislature, would be satisfied — We shall there-
fore state them.

The sums applied to the use of the United States, were
esteemed by Congress, to be indispensibly necessary ; &
the General Court in former years supposed they could
not, with any regard to their duty as a part of the Union,
refuse the payment; nor could we think ourselves under
less obligation to provide for the payment of that part of
the Tax, granted in March last, which is appropriated to
the use of the Continent.

The necessity of a speedy payment of the before men-
tioned part of that tax, is complained of as a Grievance. —
By the Resolve of Congress of Sept 27th 1785 it was
provided that the Commissioners of the Continental Loan
Office should not on any pretence whatever, issue any
Certificates for the interest of the Continental Debt, untill
the State for which he was Loan Officer should have passed
a Legislative Act, complying with the requisition in the
said Resolve — And by the same Resolve it was required
that the Legislature of each State should provide in the
Act, complying with that requisition ; — that if on the first
day of January 1787, the said Certificates should not be
in the hands of some proper Officer, the deficiency should
be paid in specie — it was therefore absolutely necessary
that the Act should be constructed as it was, otherwise
no Certificates could have been issued — Notwithstanding
which, Application is now made to Congress, that the term
for receiving those Certificates may be prolonged.

The Army Notes were made payable, one third part in
1784 one third in 1785 & the remainder in 1786. — The
service of the Officers & Soldiers of the late Army, was

158 1786. — Address to the People.

acknowledged by all to be exceedingly meritorious, and
perhaps no part of the Community had greater reason to
complain of Grievances than they — it was represented
that many of them were urgent to have the notes Re-
deemed ; — they were issued upon this express condition
that they should be receivable in the first taxes after they
should become payable; — and the General Court well
knew, that if the Abilities of the People were sufficient,
it would be greatly for their advantage to redeem them.

We think the Observations that have been made will
explain the necessity of that part of the Taxes, which has
been applied to the support of civil government — With
regard to the residue of the Taxes, it is apparent from the
manner in which the expenditures have been made, that
they were occasioned by the War — When the War first
commenced, the people solemnly engaged to each other to
carry it on untill they obtained security of their rights,
altho* their lives and fortunes should be the price of the
purchase; if there was the least truth or sincerity in these
declarations, could it be supposed, they would individ-
ually grudge the Contribution of their part of the expence
when the event exceeded their most sanquine expecta-
tion?

Publick Credit is one of the most important trusts com-
mitted to the Legislature, in proportion as that declines
the State is weakened and in danger ; It is of the same
importance to a community as a character for truth is to
individuals. The Want of a paper currency has been
complained of as a Grievance, but we find that in divers
places where complaints have arisen, the idea of a paper
currency is rejected with marks of great disapprobation ;
indeed a little attention to the subject we conceive must
satisfy every intelligent and unprejudiced mind, that the
Emission of such a Currency, would be exceedingly prej-
udicial— If it could be carried into circulation, the solid
coin would be exported, the morals of the people would
become more depraved, designing men would practice
innumerable frauds ; — and if it should ever afterwards be
redeemed, it would plunge the State in deeper distress ;
If it should not be redeemed, it would cause the ruin of
many individuals & brand the State with Infamy; — and
upon whom would that ruin fall ? not upon the artfull &
unprincipled, they would gain by the fraud ; not upon the
prudent & discerning, they would be guarded against it ;

1786. — Address to the People. 159

but the loss would chiefly happen to the Widow & the
Orphan; the simple and unwary; the most innocent &
defenceless part of the Community ; that Part whose In-
terests, the Legislature ought to defend with peculiar
Attention. The Widow & Orphan are the special Charge
of the Supreme Being & all are enjoined to exercise
Vigilance & Tenderness for their Welfare, this Injunction
every man possessed of natural affections must feel the
force of, for who can tell how soon his Wife & his Children
may fall a prey to sharpers & speculators, if a paper
system shall be adopted. — >

A full experiment of this State's Ability to uphold the
Credit of a paper Medium, was made in the Case of the
new Emission ; the Faith of the United States and of this
State, were both pledged for its Support ; a Fund was pro-
vided sufficient to pay the Interest ; and altho, when it
first came into Circulation, it passed at the rate of one &
seven eighths for one, interest to a large amount in silver,
was paid upon the nominal sum ; notwithstanding which,
at the very Time the Interest was paying, the Currency
rapidly depreciated.

We presume there is not a man in the State, who
supposes, that if we emitted a paper Currency, it would
not depreciate ; & if it depreciates, it will pass at different
Rates, in different Places, & to different Persons, at the
same Time ; it will therefore produce the same effect as
divers Weights, & divers Measures, which we are assured
are an Abomination.

We feel in common with our Neighbours the scarcity of
Money but is not this scarcity owing to our own Folly ?
At the Close of the War, there was no Complaint of it ;
since that Time our Fields have yielded their Increase, &
Heaven has showered its Blessings on us in uncommon
Abundance ; but are we not constrained to allow, that
immense sums have been expended, for what is of no
Value ; for the Gewgaws imported from Europe, & the
more pernicious Produce of the West Indies ; and the
dread of a paper Currency impedes the Circulation of
what remains ; It is said however that such a Currency
would give us present Relief; but like the Pleasure of sin
it would be but for a season ; & like that too, it would be
a Reproach to the Community, & would produce Calami-
ties without End.

Untill the People can forget the Injuries & Frauds

160 1786. — Address to the People.

occasioned by paper Currency s, in their own Time ; we
think they must be satisfied, of the inexpediency & Injus-
tice, of making new Emissions.

Within a few years the Habits of Luxury have exceed-
ingly increased ; the usual Manufactures of the Country
have been little attended to — that we can buy goods
cheaper than we can make them, is often repeated, and is
even become a Maxim in Economy altho' a most absurd
& destructive one. While these Habits continue, the
wisest Legislators will not be able to remove our Com-
•plaints. The Emission of a paper Currency and such like
Expedients, may seem to refresh us for a Moment, but
they will serve to fan the Flame, that must eventually
consume us.

Without a reformation of Manners we can have little
Hope to prosper in our publick or private Concerns ; —
at the Close of the War we greedily adopted the luxurious
Modes of foreign Nations. Altho' our Country abounds
with all the Necessaries of Life, the Importations from
abroad, for our own Consumption, have been almost
beyond Calculation ; we have indulged ourselves in fantas-
tical & expensive Fashions, & intemperate Living ; by
these Means our Property has been lessened, & immense
sums in specie have been exported ; Government is com-
plained of, as if they had devoured them ; and the Cry of
many Persons now is, make us paper money. This request
is next in Point of Imprudence, to that of the Israelites to
Aaron, to make them a Calf; and a Compliance, would
be but a little more honorable or advantageous in the one
case, than it was in the other.

As the Difficulty in paying Debts increased, a Disregard
to Honesty, Justice & good Faith, in publick & private
Transactions, become more manifest. That Virtue which
is necessary to support a Republick, has declined ; and as
a People, we are now in the precise Channel in which the
Liberty of States has generally been swallowed up : but
still our Case is not desperate ; by recurring to the Prin-
ciples of Integrity & publick Spirit, and the Practice of
Industry, Sobriety, Economy & Fidelity in Contracts, and
by acquieseing in Laws necessary for the publick Good,
the impending Ruin may be averted, & we become respect-
able and happy — by such means we may falsify the invid-
ious Predictions of our Enemies, that we should crumble
to Pieces, and should be too corrupt to maintain Repub-

1786. — Address to the People. 161

lican Freedom — In such a course we may hope that the
God of our Fathers, who has defended us hitherto, will
prosper the work of his own hands, and save the fair
Structure of American Liberty from falling into Ruin.

We make no Boast of uncommon Skill in Legislation ;
but sacredly regarding the oaths We have taken, we claim
the Merit of upright Designs, & of pursuing as far as we
can judge, a System formed on the Principles of Justice,
and calculated to promote the Honour, the Safety & Hap-
piness of the State.

In a State where a Spirit of unreasonable Jealousy & a
complaining Temper are indulged, and countenanced, it
will be impossible to give Satisfaction to the People ; if
Angels in such Case were to govern us, opposition would
be made to their Administration ; indeed we have a strik-
ing Instance that when such Humours prevail, even the
Authority of the Supreme Being will be thought a Griev-
ance. The People of Israel were under his particular
Care and Government ; he was their Law Giver & Judge ;
he delivered them from their Oppressors — he led them
through the sea — he rained them down the Corn of Heaven
& sent them Meat to the full ; but notwithstanding, they
complained of his Government & wantonly provoked his
Anger; — like that People, we have experienced aston-
ishing Testimonies of divine Favour. God forbid ; that
like them, we should requite him with Murmuring & In-
gratitude & provoke him to destroy us.

When the People are dissatisfied with the Conduct of
any Government, it may at least deserve a Reflection,
whether the Difficulty is not with themselves. At the last
Election in this State, perhaps a greater Number of new
Members were returned, than at any former Period —
they came together with a fixed Design, to gratify their
Constituents in every Thing which the Interest of the Com-
munity would permit ; & they never lost Sight of that
Object ; notwithstanding which, greater Dissatisfaction
with publick Measures is expressed at this Time, than
ever before since the Revolution — The Legislature have
attended to all the Petitions that have been presented,
and all the Complaints that have been made, so far as
Justice will allow, they will comply with the Requests in
those Petitions and remove the Grounds of those Com-
plaints— If they possess Abilities and Integrity equal to
the other Members of the Community, the Advantages

162 1786. — Addeess to the People.

they derive from the Information collected from all Parts
of the State, and a publick Discussion of Subjects, render
them more capable to judge, of the Fitness of publick
Measures ; but if they are to have the Favour of the People
and a Voice in the publick Counsels only on Condition of
their establishing Iniquity by Law, they are willing to
lose the shameful Preeminence.

•The General Court have heard with inexpressible Con-
cern of the Insurrections in several Countys of the State
— The Pretence that the Court of Common Pleas is a
Grievance, affords but a wretched Excuse for such out-
rageous Proceedings — that Court, except a small altera-
tion in the name, has existed time immemorial ; No
Complaints were heard against it in former Times — No
Application has been made to the Legislature before this
Session to abolish it —

The Fees, except those of Jurors and Witnesses, are in
many Instances less & we think in none greater than they
were before the War ; Provision has been made to enable
the Citizens to settle their Demands without resorting to
that Court, if they are disposed to do it ; several years
since, the Justices of the Peace were authorized, to take
Acknowledgments of Debts, even to the largest Amount;
and more lately an Act was passed to enable any Persons
in difference, who could agree to refer their Disputes, to
resort to a Justice and enter into a Pule for that Pur-
pose, without being subject to the Expence of an Action.
But if the Court of Common Pleas has been by any sup-
posed unnecessary, how surprising then the Idea, that any
Persons could think themselves justified in opposing by
Force, an ancient Institution, without taking a single
step to obtain Redress in a regular Method ; but not con-
tent with obstructing the Courts of Common Pleas, the
disaffected have taken Arms to prevent the Sitting of the
Supreme Judicial Court, against which not a single Com-
plaint has been uttered, these Proceedings are the more
alarming as they can be accounted for, only on the Sup-
position, that the Instigators wish to subvert all Order
and Government, & reduce the Commonwealth to the
most deplorable State of Wretchedness & Contempt —

In this view our Situation appears exceedingly alarm-
ing ; sufficiently so to arrest the most serious Attention
& summon the united Efforts of all Orders in the State ;
Some Persons have artfully affected to make a Distinction

1786. — Address to the People. 163

between the Government & People as though their Inter-
ests were different & even opposite ; but we presume,
the good Sense of our Constituents will discern the De-
ceit & Falsity of those Insinuations : within a few Months
the Authority delegated to us will cease, and all the Citi-
zens will be equally Candidates in a future Election —
we are therefore no more interested to preserve the Con-
stitution & support the Government than others : But
while the Authority given us continues, we are bound
by our oaths to exercise it for the Benefit of our Con-
stituents— And we now call upon Persons of all Ranks
& Characters to exert themselves for the publick Safety
— Upon the Ministers of Religion, that they inculcate
upon the Minds of their People, the Principles of Justice
and publick Virtue, — that they earnestly endeavour to
impress them with Sentiments of Reverence to the Deity
& Benevolence to Men, & convince them of the ruinous
Effects of Luxury & Licentiousness — Upon the Officers
of every Denomination, that they endeavour to inform
the ignorant : and by their Examples of Economy, to in-
duce others to the Practice of the same Virtue ; and that
they use their utmost Efforts to suppress the Insurrections
of such lawless and violent Men as may wish to pull down
the Fabrick of Law & Government and level it with the
Dust — And upon the whole Body of the People, that they
provide for the Instruction of the rising Generation ; that
they practice all those Virtues which are the Ornament
& Strength of Society, & abstain from those Vices and
Follies, that weaken the State and have a Tendency to
the Ruin : and especially that they oppose with Fortitude
& Perseverance all Attempts to impede the Course of
Justice & render their own Lives and Property insecure.

Many who disapprove Insurrections against the Gov-
ernment, neglect to afford their Aid, in suppressing them ;
but to stand still, inactive Spectators in such a Case, is
like a Man who when his House is in Flames should stand
with folded arms & console himself with this, that he did
not set it on fire.

We persuade ourselves, that the far greater Part of
those who ; have been concerned in the late dangerous
Tumults, have been deluded by the false Representations
of men who go about to deceive ; & we wish them to re-
flect how fatal such Proceedings may prove in the Issue,
to themselves & their Children ; that they must increase

164 1786. — Address to the People.

the publick Burthens & embarrass the Measures calcu-
lated for Relief — that it is their own Constitution and
Laws they are endeavouring to overthrow — that this
Constitution, and these laws were formed for the Safety
of every Member of the State ; and that the Man who
attempts to subvert those Laws and that Constitution,
does in effect make an attempt upon the Life, Liberty &
Property of every Member of the Community — And we
conjure them, by all that they hold dear and sacred, forth-
with to desist from such ruinous Pursuits.

Perhaps there are some, who deaf to the Voice of Rea-
son, and lost to all Sense of Justice and Virtue, may
resolve to continue in their dangerous Course ; but let
them be assured, altho' they may flatter themselves that
the Considerations of Friendship and Affinity may delay
the Time of Recompence — Yet the Vengeance of an in-
jured Community, must one Day, pursue and overtake
them.

In Senate, Nov. 14, 1786.

Read and concurred, etc.

SAML. PHILLIPS, Jun'r, Presid't.

In the House of Representatives, Novr. 14, 1786.
Read and concurred.

ARTEMAS WARD, Speaker.

ACTS AND LAWS,

PASSED BY THE GENERAL COURT OF MASSACHUSETTS;
BEGUN AND HELD IN BOSTON, IN THE COUNTY OF
SUFFOLK, ON WEDNESDAY THE THIRTY-FIRST DAY OF
MAY, ANNO DOMINI, 1786; AND FROM THENCE CON-
TINUED, BY PROROGATION AND ADJOURNMENT, TO
WEDNESDAY THE THIRTY-FIRST DAY OF JANUARY,
1787.

1786. — Chapter 50.

[January Session, ch. 1.]

AN ACT PROVIDING FOR THE PAY AND SUBSISTENCE OF THE fyi rr\

MILITIA THAT HAVE BEEN, NOW ARE, AND MAY BE EM- ^jliaV' DU
PLOYED BY GOVERNMENT, IN SUPPRESSING THE DANGER-
OUS REBELLION THAT HAS TAKEN PLACE WITHIN THIS
COMMONWEALTH.

Whereas a dangerous and an unprovoked Rebellion has Preamble.
taken place within this Commonwealth by a number of
wicked and designing persons against the Constitution and
Government of the same: And whereas for the suppression
thereof, Government has been under the necessity of send-
ing forth a large body of Militia, and further reinforce-
ments may be necessary ; whereby a considerable expence
has been and may be incurred; for the payment of which,
it is the duty and interest of Government to make speedy
and ample provision :

Be it therefore enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same; That the sum of forty thousand sum appropri-
pounds, arising from that part of the revenue of the Im- tht m°iitFa?ing
post and Excise which by an Act passed the last session
of the General Court, is directed to be paid into the Treas-
ury of this Commonwealth, for the exigencies of Govern-

166

1786. — Chapter 51.

Treasurer em.
powered to bor-
row £40,000.

Sums which
have been ad-
vanced, how
repaid.

ment, be appropriated for the purpose of paying and
subsisting the Militia that have been and may be employed
by Government, in suppressing the present unnatural and
dangerous Rebellion within this Commonwealth.

And whereas it is highly necessary that the expence of
the Militia that have been or may be employed in the
aforesaid business should be defreyed, as soon as money
can possibly be procured for the purpose :

Be it further enacted by the authority aforesaid, that
the Treasurer be, and he hereby is empowered and directed
to borrow for the purposes expressed in this Act, the afore-
said sum of forty thousand pounds, to be repaid with in-
terest at the rate of six per cent, per annum, out of the
first monies arising from the appropriation herein specified,
after repaying the sum of two thousand pounds, which the
Treasurer by a resolve of the seventeenth of November,
one thousand seven hundred and eighty six, was directed to
borrow on the credit of the same Revenue, for the purpose
of paying the delegates from this Commonwealth in Con-
gress.

And whereas divers persons, actuated by a laudable zeal
for the public welfare, have generously advanced large
sums for the subsistence of the Militia in the service
aforesaid :

Be it further enacted that there be paid out of the pub-
lic Treasury, out of the monies arising from the appropri-
ation abovementioned, the several sums which have been
or may be so advanced for the purpose aforesaid, with
interest for the same, at the rate of six per centum, per
annum, from the time the money was so advanced, till
the same shall be repaid. February 6, 1787.

Chap.

Preamble.

1786. — Chapter 51.

[January Session, ch. 2.]

51 AN ACT IN ADDITION TO AN ACT, ENTITLED, " AN ACT GRANT-
ING INDEMNITY TO SUNDRY OFFENDERS ON CERTAIN CON-
DITIONS, AND PROVIDING FOR THE TRIAL OF SUCH WHO
SHALL NEGLECT OR REFUSE TO COMPLY WITH SAID CON-
DITIONS, AND OF THOSE WHO SHALL BE GUILTY OF LIKE
OFFENCES IN FUTURE."

WJiereas in the Act, entitled "An Act for granting
indemnity to sundry Offenders on certain conditions, and
providing for the trial of such who shall neglect or refuse

1786. — Chapter 51. 167

to comply with said conditions, and of those who shall be
guilty of like offences in future" passed the last session
of this present General Court, it is among other things
enacted, that certain offenders therein described, "shall be
subject to be apprehended and tried before the Justices of
the Supreme Judicial Court, either in the County in which
the said offence was committed; or in any County within
this Commonwealth nearest thereto, where law and justice
can be administered without apprehension of interruption ; "
But no provision is therein made in what manner, or by
whom, the trial of such offenders in any other County than
that in which the offence hath been or shall be committed,
shall be ordered and appointed, in virtue of said Act:

Be it therefore enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That the Governor, by and with Governourand

i i • i /• i /~\ -it ill i Council, author-

tile advice and consent ot the Council, be, and he hereby ized to order

is authorized and empowered, by warrant under the seal fenders to be had
of the Commonwealth, by him subscribed, and directed inaDycounty-
to the Justices of the Supreme Judicial Court, to order
and appoint the trial of such offenders to be had in any
other County, than that in which the offence hath been
or shall be committed, nearest thereto, where law and
justice can be administered, without apprehension of in-
terruption ; and such offenders shall be there tried, agree-
ably to such order and appointment. And the Justices
of the said Court, shall charge the Grand Jurors serving
therein, for the body of the same County, diligently to
enquire into and true presentment to make of all such
offences, in like manner and form, as if they had been
committed, within the body of their County ; whose duty
it shall be to do accordingly.

And be it further enacted by the authority aforesaid,
That if any person or persons, are already indicted for clause respect-
any of the offences described in the Act above referred reldyeindicted".
to, by the Grand Jurors for the body of the County
within which the said offences are alledged and charged
to have been committed, and the trial of such person or
persons, shall be ordered and appointed, in manner afore-
said, to be had in any other County ; then, and in such
case, the Justices of the said Court, shall order the in-
dictment to be brought before them, in the County
wherein the trial of such person or persons shall be so
ordered and appointed to be had, as aforesaid; and the

writ of habeas
corpus.

168 1786. — Chapter 52.

same proceedings shall be had therein, and the like judg-
ment rendered and execution done, in all respects, as
would and ought to have been had, rendered, and done,
if the trial was had, within the County wherein the offence
had been committed.

And be it further enacted by the authority aforesaid,
when danger That if the Justices of said Court, shall apprehend there

of an escape or , ' i 1

risque is appre- is danger of an escape or rescue, of any person or persons,

li e n d 6 d r 7 u slices •/ l l J

may cause con- who shall be convicted before them of any of the offences
moved0bbyeare" described in the aforementioned Act, whereby the judg-
ment rendered against them may be avoided, it shall be
lawful for the Justices of the said Court, to cause such
Convicts to be removed by a writ of Habeas Coitus, (in
which the reason of the removal shall be set forth) from
the Goal of the County, in which they shall have been
tried and convicted, into the goal of any other County,
for their more safe keeping. — And the several Sheriffs
and Keepers of the Goals, shall receive the said Convicts,
into their custody, and safe keeping, as shall be com-
mended them by the said writs, and judgment shall be
executed upon all such Convicts, within the County into
which they shall be so removed, in like manner, in all
respects, as it would and ought to have been done, had
they been tried and convicted in the same County.

February 9, 1787.

1786. — Chapter 52.

[January Session, ch. 3.]

Chap. 52 AN ACT F0R THE IMITATION OF PERSONAL ACTIONS, AND
1 FOR AVOIDING SUITS AT LAW.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority of
Actions limited, the same, that all actions of Trespass, quare clausumf regit,
all actions of Trespass, Detinue, Trover or Replevin, for
Goods or Cattle, all actions of account, and upon the case,
other than such accounts, as concern the trade of Mer-
chandize, between Merchant and Merchant, their factors
or Servants, all actions of debt grounded upon any lend-
ing or contract, without specialty, all actions of debt for
arrearages of rent, and all actions of assault, menace,
battery, wounding and imprisonment, or any of them,
which shall be sued or brought at any time after the first
day of June next, shall be commenced and sued within

1786. — Chapter 52. 169

the time and limitation, hereafter expressed, and not
after ; that is to say, the said Actions upon the case, other
than for slander, and the said actions of account, and the
said actions of trespass, debt, detinue and replevin, for
Goods or Cattle, and the said actions of trespass, quare
clausum freyit, within four years from the first day of
June, one thousand seven hundred and eighty seven, or
within six years next after the cause of such actions or
suits, and not after ; And the said actions of trespass, of
assault, battery, wounding, imprisonment, or any of them,
within one year next after the first day of June aforesaid,
or within three years next after the cause of such actions
or suits, and not after; And the said actions upon the
case for words, within one year next after the first day
of June aforesaid, or within two years next after the
words spoken, and not after :

Provided alivays, that if upon any of the said actions Proviso.
or suits, Judgment be given for the Plaintiff, and the same
be reversed by reason of error, or a verdict pass for the
Plaintiff, and for matter alledged in arrest of Judgment,
the judgment be given against the Plaintiff, that he take
nothing by his Plaint, Writ or Bill, that in all such cases,
the party Plaintiff, his Executor or Administrator, as the
case shall require, may commence a new action or suit,
from time to time, within a year after such Judgment re-
versed, or such Judgment given against the Plaintiff, and
not after.

And be it further Enacted by the Authority aforesaid,
that in all actions of trespass, quare clausum free/it, here- clause respect-
after brought, wherein the Defendant shall in his plea, trfspass^when
disclaim all right, title and interest to the land in which guppoted^nvoi-
the trespass is by the declaration supposed to be done, untary.
and the trespass be by negligence or involuntary, the De-
fendant shall be admitted to plead a disclaimer, and that
the trespass was done by negligence or involuntary, and
a tender or offer of sufficient amends for such trespass be-
fore the action brought, or the Defendant may have leave
to bring money into Court to satisfy the damage the Plain-
tiff has sustained, and in case the Jury shall not assess
larger damages for the trespass, than the money tendered,
or brought into Court, the Defendant shall recover of the
Plaintiff his reasonable costs.

And be it further Enacted by the Authority aforesaid,
that in all actions of the case, for slanderous words, all

170

1786. — Chapter 52.

In actions of the
case, &c. when
the damages are
assessed under
41. the plaintiff
shall recover
only one half so
much costs as
the damages
amount to.

Proviso.

Infants, feme
coverts, or per-
sons non-com
pos-mentis, &c.
not barred from
bringing actions,

Proviso.

actions of assault and battery, all actions for imprison-
ment, and all actions for malicious prosecutions, hereafter
prosecuted in any of the Courts of Record, within this
Government, if the Jury that enquire of the damages, do
find or assess the damages, under four pounds, then the
Plaintiff or Plaintiffs in such actions, shall have and re-
cover only one half so much costs, as the damages so
found or assessed amount unto, without any further in-
crease of the same ; and in all other actions, where the
title to real estate does not come in question, in case the
Judgment for the debt or damage be under four pounds,
the Plaintiff shall be intitled to only one fourth part so
much cost, as the debt or damage, unless in the opinion
of the Court, where the same shall be determined, the
Plaintiff had a reasonable expectation of larger damages
than four pounds.

Provided always, that where Judgment shall be ren-
dered upon the report of Referees, full cost shall be taxed
for the party recovering, notwithstanding the Judgment
be under four j>ounds, unless a different adjudication
respecting the costs shall be made from the report itself.

And be it further Enacted by the Authority aforesaid,
that this Act shall not be understood to barr any Infant,
feme covert, person imprisoned, or beyond sea, without
any of the United States, or non compos mentis, from
bringing either of the Actions before mentioned, within
the term before set and limited, for bringing such action,
reckoning from the time that such impediment shall be
removed : And it any person or persons, against whom
there is, or hereafter shall be any cause of suit, for every
and any of the species of action herein before enumerated,
who at the time the same accrued, was without the limits
of this Commonwealth, and did not leave property or
estate therein, that could by the common and ordinary
process of Law be attached, that then and in such case,
the person, that is intitled to bring such suit or action,
shall be at liberty to commence the same within the
respective periods before limited, after such persons
turn into this Government.

Provided always, and be it further Enacted by
Authority aforesaid, that this Act shall not extend, to
barr any action hereafter brought upon any note in writ-
ing, made and signed by any person or persons, and
attested by one or more Witnesses, whereby such person

re-

the

1786. — Chapter 53. 171

or persons has promised, or shall promise, to pay to any
other person or persons, any sum of money mentioned in
such note, but all actions upon such note or notes, brought
by the original Promisee, his Executor or Administrator,
shall and may be maintained, as if this Act had never been
made, any thing herein contained to the contrary not-
withstanding.

And be it further Enacted by the authority aforesaid,
that all Laws respecting the limitation of personal actions, Former laws
made and passed prior to the first day of January, One rePealed-
thousand seven hundred and Eighty seven, be, and hereby
are repealed. February 13, 1787.

1786. — Chapter 53.

[January Session, ch. 36.]

AN ACT IN ADDITION TO THE ACT FOR THE MORE EASY PAR- (JhctV 53
TITION OF REAL ESTATE, PASSED MARCH THE ELEVENTH, ■* '

1784.

Whereas no provision is made by said Act, for deter- Preamble.
mining the material facts set forth in the petition, for par-
tition in case the same are controverted by any of the
Tenants in common :

Be it therefore Enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That when the facts alledged in any Manner of de-
petition for partition, hereafter to be preferred, in conse- aiTedgedgin any
quence of the said Act, are controverted, by any of the Stion°nin°r'i»se
Tenants in common, the answer or objection to the peti- the same are

liii i • •• • if c i controverted.

tion, shall be made in writing, in the lorm ol a plea, to
which the petitioner may reply, or demur, to the end the
matter in dispute may be reduced to an issue in law, or
fact, and receive a determination by the Court or a Jury,
in the manner other issues are determined : And in case Mode of enter-
the issue be determined in favour of the petitioner, Judg- m,fntI.P ,udg"
ment shall be entered up by the Court, that partition be
made by disinterested freeholders, as the said law directs,
and proceed to appoint them accordingly : and also that
the petitioner recover against the adverse party, the cost
attending the trial, and may issue Execution for said
costs, in the form prescribed by law, as in other cases.
But if on such pleading, it be determined that the peti-
tioner holds a less share or proportion in common and
undivided, than he has in his petition alledged, the ad-

172 1786. — Chapter 54.

verse party shall recover against the petitioner his rea-
sonable cost ; notwithstanding Judgment may be rendered
in favour of the petitioner, to have an assignment of such
part of the real estate in severalty, as he, in fact, holds
in common and undivided.

And be it farther Enacted by the Authority aforesaid,
Either party that either party may appeal from the Judgment of the

may appeal. i j j i i ^ o

Court of Common Pleas, that partition shall be made, to
the Supreme Judicial Court, before the appointment of
freeholders to make partition : But if no appeal is made
untill after the return of the freeholders, and the Judg-
ment of the Court thereon, the Judgment, that partition
shall be made, shall not by such appeal, be again called in
question. And the Supreme Judicial Court, shall, upon
the complaint of the Appellee, (in case the Appellant
shall fail to enter, or prosecute his appeal) affirm the
former Judgment, and cause such other proceedings to
be had thereon, as to have partition compleated in the
same way and manner as if the proceedings had been
originally commenced in that court.

Provided always, that the trial of the fact, by a Jury,
Trial of the fact whether the petitioner holds in common, in the same pro-

by a Jury, how \ ... . . . . L

determined. portion he alledges in his petition, or in any lesser pro-
portion, shall be determined in the County where the
lands lie, unless the parties shall expressly agree to the
contrary ; in which case, the trial by Jury may be had in
such County as the parties agree upon.

And be it further Enacted by the authority aforesaid,
union sanre8peegcut"- that in all actions of partition that shall be hereafter com-
ing an appeal, menced, the same rule and regulations shall take place,
with respect to an appeal from an interlocutory Judgment
of the Court of Common Pleas, that partition shall be
made, as is herein before prescribed, upon the like Judg-
ment upon a petition for partition ; any former Law,
usage or custom to the contrary notwithstanding.

February 14, 1787.

1786. — Chapter 54.

[January Session, ch. 4.]

AN ACT RESPECTING THE GRAM-
IN THE COUNTY OF ESSEX.

Whereas a Law respecting the said School, was enacted
in the year one thousand seven hundred and sixty jive, to

Chart 54 AN ACT MAKING perpetual, an
■*■ ' mar school, in IPSWICH, II

1786. — Chapter 55. 173

be in force for the term of twenty one years, from the first
day of March, One thousand seven hundred and sixty six,
ivJdch Law has been found beneficial, and to answer the
purposes for which it ivas enacted:

Be it therefore Enacted, by the Senate, and House of Rep-
resentatives, in General Court assembled, and by the au-
thority of the same, That the said Law, entitled, " An Act Enacting clause.
for regulating the grammar School in Ipswich, in the
county of Essex, and for incorporating certain persons to
manage and direct the same," Be and hereby is made per-
petual. February 14, 1787.

1786. — Chapter 55.

[January Session, ch. 5.]

AN ACT FOR REGULATING THE PROCEEDINGS ON PROBATE QhaV 55
BONDS, IN THE COURTS OF COMMON LAW; AND DIRECTING ^'

THEIR FORM, IN THE SUPREME COURT OF PROBATE.

Whereas every Judge of the Probate Court, upon grant- Preamble.
ing Letters of Administration, upon the estate of any
person deceased, is by law directed to take bond to himself,
and his successor in office; and upon putting such bond in
suit, judgment has been always given in the name of the
Probate Judge of the County, for the time being, only;
and the having such a judgment satisfied by levying execu-
tion issued thereon, upon the real estate of the debtor, when
personal property cannot be found sufficient to satisfy the
same, is attended toith manifest inconveniences :

Be it therefore enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the au-
thority of the same, That when it shall satisfactorily Manner of ren-
appear, upon a hearing in chancery on an administration ^e"JfIudg'
bond, for whose particular use and benefit, the money for
which execution issues, is to enure ; the judgment shall
be rendered, that the Plaintiff in his said capacity (naming
him) now have execution for being part

of the penalty forfeited, and costs taxed at
for the use of A. B. of C. in the County S. (addition) a
creditor, or heir of E. F. deceased, (as the case may be).
And the person, to whose use, judgment shall be rendered,
in the name of the Judge of Probate as aforesaid, may sue
out execution thereon, and have the same levied on per-
sonal or real estate, as he may find it necessary ; and shall
be deemed, and taken to be the creditor to every intent

awarded.

174 1786. — Chapter 55.

and purpose whatever. And when there are several per-
sons, to whose use the monies recovered on an adminis-
tration bond, are to enure, there shall be as many seperate
and distinct judgments, in form aforesaid.

And as a directory , for what sum execution ought to be
aivarded, upon an administration bond, when it shall
appear upon concession, verdict, demurrer, or othenrays,
that the penalty is forfeited ; and also that administration
bonds, may not upon frivolous pretences , be put in suit:
Executionsupon £e fa further enacted by the authority aforesaid, That

administration ,''.... -r , ■■ . X ■%••. c

bonds, &c. how when the suit is instituted at the desire ot a creditor ot
the deceased, such creditor must first have his debt or
damages ascertained, by judgment of Court, (unless the
estate is insolvent) and likewise make it appear, that a
demand has been made of the administrator therefor ; and
that the administrator has refused or neglected to satisfy
the same ; or to shew goods or estate of the deceased for
that purpose. When the estate is insolvent, the creditor
must produce a copy of the order of distribution of the
estate of the deceased, among the creditors, particularly
specifying each creditor's claim, and the dividends they
are severally intitled unto ; and that a demand has been
made of the administrator, for his particular dividend.
When an heir has the suit brought for his part of the per-
sonal estate, he must exhibit a copy of the decree of the
probate Court, ascertaining its quantum; and that he has
made a demand thereof upon the administrator. And in
the preceding instances the writ, in addition to the usual
indorsement of the name of the plaintiff or his Attorney,
shall also have the name of the person or persons, for
whose particular use and benefit the suit is brought, wrote
thereon. And when the administrator shall refuse or
neglect to account upon oath, for such property of the
intestate, as he has received, especially if he has been
cited by the probate Court, for that purpose, execution
shall be awarded against him, for the full value of the
personal property of the deceased, that has come to his
hands, without any discount, abatement or allowance, for
charges and expences of administration or debts paid.
And when it shall appear that the administrator shall
have received the personal property of an intestate, and
shall not have exhibited upon oath, a particular inventory
thereof, execution shall be awarded against him, for the
whole penalty of such administration bond, to be distrib-

1786. — Chapter 55. 115

uted among the parties interested, agreeably to the
directions of law. The like judgment, and proceedings,
(so far as they can with propriety take place) are to be
had upon bonds of executors, guardians and others, given
to the Judges of the probate Courts, in their said capacity.

And be it further enacted by the authority aforesaid,
That all suits hereafter brought in the name of any Pro- Suits hereafter
bate Judge, upon a probate bond of any kind, shall be commenced,
originally commenced in the Supreme Judicial Court,
held within, or for the County, unto which the said Pro-
bate Judges respectively belong.

And be it further enacted by the authority aforesaid,
that all bonds given in the supreme Court of Probate, by Bonds given in
executors, administrators or guardi;ms, for the faithful co^ofPro-
discharge of their respective trusts, shall be to the Com- IheComm'on! t0
monwealth of Massachusetts, for the use and benefit of wealth-
the creditors, heirs, legatees, or wards, as the nature of the
bond shall require. And. all bonds already taken in the
said Supreme Court of Probate, in that manner and form,
are hereby declared to have been rightly taken. And
when bonds taken in the Supreme Court of Probate, in
form aforesaid, shall be put in suit, the permission of the
said Court, shall be first had therefor : and all such suits
shall be originally commenced in the Supreme Judicial
Court, and the same species of judgment and modes of
chancery shall be had thereon, as in this act is prescribed
and directed to be had, upon bonds given to the Judge of
any Probate Court, in similar cases.

And be it further enacted by the authority aforesaid,
That when judgment shall be rendered upon any Probate when judgment
Bond, against the obligors, their executors or administra- d^redbuyoennany
tors, and the party or parties against whom such judgment ^bthe party
shall be rendered, shall by law be entitled to a review shall be entitled

** to a review, ex-

thereof, execution shall be suspended, or stayed in such ecution shall be
Counties as have but one Supreme Judicial Court annu- SU8peD
ally, for the space of six kalender months, to commence
on the day of rendering the judgment ; and in such Coun-
ties as have two Supreme Judicial Courts annually, execu-
tion shall be suspended until the next term or sitting
thereof, in the same County, to the end, the said obligors,
their executors, or administrators, may (if they see cause)
review the same ; and if a writ of review shall not be
taken out and served, for reversing the said judgment,
within the time aforesaid, such obligors, their executors

176

1786. — Chapter 56o

and administrators, are hereby forever precluded and
barred, from taking out or prosecuting a writ of review,
upon such judgment afterwards, and execution may issue
thereon, any thing contained in the Act granting to parties
the .privilege of reviewing within three years, notwith-
standing. And when the judgment reviewed, shall be
in the name of the Commonwealth, the service of the
writ of review shall be made, by reading the same, or
leaving a copy thereof with the party or parties, unto
whose use and benefit, the same judgment enures, if he
or they reside within the Government, otherwise with the
agent or attorney, who prosecuted the suit, fourteen days
at least before the sitting of the Court, where the writ is
returnable. February 15, 1787.

Chap.

Preamble.

No pardon shal
be promised to
any person or
persons, unless
they deliver up

1786. — Chapter 5Q.

[Jauuary Session, ch. 6.]

KQ AN ACT, DESCRIBING THE DISQUALIFICATIONS TO WHICH PER-
SONS SHALL BE SUBJECTED, WHO HAVE BEEN, OR MAY BE
GUILTY OF TREASON, OR GIVING AID OR SUPPORT TO THE
PRESENT REBELLION, AND TO WHOM A PARDON MAY BE
EXTENDED.

Whereas the General Court, at their present sessions,
have " Resolved, That the Governor be authorized and
empowered, in the name of the General Court, to promise
a pardon, under such disqualifications as slioidd thereafter
be provided, to such private soldiers and others, who might
have acted in the capacity of non-commissioned Officers,
as had been, or were in arms against the Commonwealth ,
with such exceptions as he, or the General Officer, com-
manding the troops, might judge necessary, provided they
should deliver up their arms, and take and subscribe the
oath of allegiance to this Commonwealth, within such time
as might be limited by his Excellency , for that purpose : "

And whereas it is ft and expedient, that the conditions
and disqualifications upon vjhich the pardon and indem-
nity to the offenders aforesaid, should be offered and given,
should, as soon as possible, be established and made known:

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the
same, That no pardon or indemnity, shall be promised as
aforesaid by the Governor, by virtue of any act or resolve
of the General Court, that has been or shall be passed,

1786. — Chapter 5(\. 177

to any person or persons, who have acted in the capacity their arms and

/» • • i *-\ r*-» • subscribe the

of non-commissioned Officers or privates, or persons of oath of aiie-
any other description, who, since the first day of August, fhen«meiimued.
seventeen hundred and eighty six, have been, now are,
or hereafter may be in arms against the authority and
Government of this Commonwealth, or who have given

• • •

or may hereafter give them counsel, aid, comfort or sup-
port, voluntarily, with intent to encourage the opposition
to Government, unless they shall on or before such time
as the Governor shall limit for that purpose, deliver up
their arms to, and take and subscribe the oath of allegiance,
before some Justice of the Peace, within some County of
this Commonwealth ; and no pardon or indemnity shall
be offered or given by the Governor to any of the Offenders
aforesaid, who are not Citizens of this State.

And be it further Enacted by the authority aforesaid,
that to whomsoever of the Offenders aforesaid, the Gover- conditions and
nor shall think fit, by virtue of any Act or resolve of the tionsTlifica'
General Court, to promise a pardon and indemnity, for
the Offences aforesaid, it shall be under the following
restrictions, conditions and disqualifications, that %is to
say, That they shall keep the peace for the term of three
years, from the time of passing this Act, and that during
that term of time, they shall not serve as Jurors, be eligible
to any Town-Office, or any other Office under the Govern-
ment of this Commonwealth, and shall be disqualified from
holding or exercising the employments of School masters,
Innkeepers or retailers of Spirituous liquors, or either of
them, or giving their votes for the same term of time, for
any Officer, civil or military, within this Commonwealth,
unless such persons, or any of them, shall after the first
day of May, seventeen hundred and eighty eight, exhibit
plenary evidence of their having returned to their alle-
giance, and kept the peace, and that they possess an une-
quivocal attachment to the Government, as shall appear
to the General Court a sufficient ground to discharge them,
or any of them, from all or any part of the disqualifica-
tions aforesaid.

Be it further Enacted by the Authority aforesaid, that Duty of the
it shall be the duty of the Justice before whom any whonToffe'nde'rs
Offender or Offenders aforesaid may deliver up their [hXar^B,r&cP.
arms, and take and subscribe the oath aforesaid, and he
is accordingly directed, immediately on the expiration of
the term to be limited by the Governor as aforesaid, to

178 1786. -^Chapter 56.

certify to the Clerks of the several Towns, Districts, and
Plantations, whereunto the offenders may belong, the
names of all such who shall deliver up their arms and
take and subscribe the oath aforesaid, and shall also, as
soon as may be after the expiration of the said term,
make a return to the Secretary of this Commonwealth,
of the number of arms in his possession, and to whom
they belong, and shall at the same time lodge with the
Secretary, their original subscription to the oath of alle-
giance ; and it shall be the duty of the Justice to require
such as shall take and subscribe the oath of allegiance, to
subjoin to their names, their places of abode, and their
additions, and if required, to give to each Offender who
shall deliver up his arms, and take and subscribe the oath
aforesaid, a Certificate of the same under his seal ; and
he shall be intitled to ask and receive nine pence, of the
Offenders, for each Certificate. And any Justice of the
Peace to whom any arms may voluntarily be delivered as
aforesaid, shall certify to the Major General or command-
ing Officer, of the Division, in which the said Justice may
live, the number of arms so delivered to him, and by
whom they were delivered ; and it shall be the duty of
such Major General or commanding Officer, to give such
directions as he may think necessary, for the safe keep-
ing such arms, in order that they may be returned to the
person or persons who delivered the same, at the expira-
tion of the said term of three years, in case such person
or persons shall have complied with the conditions above
mentioned, and shall obtain an order for the re-delivery
of such arms, from the Governor, who is hereby author-
ized and empowered to make such order, unless it appears
to him, that the conditions aforesaid have not been com-
plied with.
Penalty for rot- Be it further Enacted by the authority aforesaid, that

ins *tc after

being disquaii- if any Offender or Offenders aforesaid, who shall deliver
up their arms and take and subscribe the oath of alle-
giance, as aforesaid, or to whom a pardon may be prom-
ised by virtue of any future Act or Eesolve of the
General Court, shall vote, or offer to vote in any Town
or other meeting, for any Office, civil or military, within
the Commonwealth, or shall make, forge, or alter any
Certificate of a Justice, of his having delivered up his
arms, and taken the oath of allegiance as aforesaid, he
shall forfeit all his right and interest in and to the pardon

fied

1786. — Chapter 56. 179

and indemnity which may be promised him, by virtue of
the authority aforesaid, and be subject to the same pains
and penalties, as if such promise had never been made.

And be it further Enacted by the Authority aforesaid,
That the Governor be, and he hereby is authorized and ?00^™utoem"
empowered, to promise a pardon of their past offences, promise pardon,

1 -, . . , ' , . . l ,. ../, .. .. unconditional, to

unconditional, and without any disqualifications, to all certain privates.
such privates, as have borne arms against the Govern-
ment of this Commonwealth, who afterwards voluntarily
took up arms previously to the first day of February cur-
rent, in support of the said Government, and to those,
who agreeably to the proposals of General Lincoln, of
the twenty ninth and thirtieth of January last, voluntarily
came in, surrendered their arms, and took and subscribed
the oath of allegiance, within three days, from the said
twenty ninth day of January, any thing in this Act to
the contrary notwithstanding : Provided, that no pardon Proviso.
which shall be promised by the Governor, shall be con-
strued to extend to indemnify any person or persons
whatever, from any suits or prosecutions, to which they
may be liable, for injuries done or committed, to the
property or person, of any individual.

Be it further Enacted by the authority aforesaid, that Those who do

•J *s *j */ * not ciolivGr up

it is the duty of all Officers civil and military, within this their arms, and
Commonwealth, to hold all offenders as aforesaid, who theeoathUof8a"e.e
shall not within the term to be limited as aforesaid, de- h^as rebels06
liver up their arms, and take and subscribe the oath of ^njgg°pen ene'
allegiance, as Rebels and open enemies, and they are
directed and required, to encounter, pursue, conquer,
apprehend, and secure them, so that they may be brought
to trial and punishment ; and all the Citizens of this Com-
monwealth are hereby required to aid and support the
said Officers, in the execution of their said duty.

And be it further Enacted, that the Governor be, and ®™ZdTe7-
he herebv is requested, to except out of the pardon he cePt certain per-

• i ■ i- i -it i i • j sons out of the

shall promise, by virtue or the liesolve abovementioned, pardon.
all those who have been members of any General Court
in this State, or of any State or County Convention, or
who have been employed heretofore in any commissioned
Office civil or military, those, who after delivering up
their arms, and taking the oath of allegiance during the
present rebellion, have again taken and borne arms against
the Government ; those who have fired upon, or wounded
any of the loyal subjects of this Commonwealth ; those

180 1786. — Chapter 57.

who have acted as Committees, Counsellors or advisers to
the Rebels ; and those, who in former years have been in
arms against the Government, in the capacity of Commis-
sioned Officers, and were afterwards pardoned and have
been concerned in the present rebellion.

And be it further Enacted by the Authority aforesaid,
Town-cierks that t]ie Clerks of the several Towns, Districts and Planta-

directed to read .

this act. tions, be directed to read this Act at the opening or their

annual meetings in March and April next.

February 16, 1787.

1786. — Chapter 57.

[January Session, ch. 7.]

Chai) 57 AN ACT F0R THE M0RE SAFE KEEPING THE RECORDS OF
-* ' THE SEVERAL COURTS OF JUSTICE, AND THE RECORDS OF

DEEDS WITHIN THIS GOVERNMENT.

Be it Enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority
cierks of the 0f the same, that each Clerk of the Supreme Judicial
ciafco™ rt, here- Court, that may hereafter be appointed to that Office,
shall ^Pve0bondd' shall before he enter upon the duties thereof, give bond
or Recover Gen- lo tne Treasurer and Receiver General of this Common-
er wealth, in a sum, not less than One hundred, and not
more than five hundred pounds, at the discretion of the
said Supreme Judicial Court, with one or more sufficient
sureties, for the faithful discharge of that trust, and to
keep up the Records of the said Court, or such part
thereof, as shall by the said Court be assigned him, sea-
sonably and in good order : and also to make and keep
convenient and correct alphabetts, to the said Records.
And be it further Enacted by the Authority aforesaid,
cierks of the That the Clerks of the several Courts of General Sessions
sions and com. of the Peace, and of the several Courts of Common Pleas,
ist°enrs of rro-eg" and the Registers of the several Probate Courts, the
gfve'bond'tothe Registers of the maritime Court, or Court of Admiralty,
County Treas- within this Government, that may hereafter be appointed
to that Office, shall before they enter upon the duties of
their said respective Offices, severally give bond to the
Treasurer of the County to which they severally belong,
in a sum not less than fifty or more than three hundred
pottnds, at the discretion of the Court to which they
Officiate, with one or more sufficient sureties, for the
faithful discharge of their trust; and for keeping up sea-

1786. — Chapter 57. 181

sonably and in good order the Records of the same Court ;
and also to make and keep convenient and correct alpha-
bets of the Records of which they shall respectively be
appointed Officers and keepers.

And be it further Enacted by the authority aforesaid.
That the Clerks and Registers of the several Courts afore- cierks that have

.,, , . ° , -!/•<• i i\ i\ not given bond

said, that have not given bond, (it any such there be) agreeably to a
agreeably to an Act passed in the year One thousand rectedVglve1'
seven hundred and sixty three, are hereby directed and bXl4Vrtc\edr.
injoined to give bond in manner as is herein before
directed, at the first session of the Court of which he
is Clerk or Register, that shall be held after the passing
this Act; and any Clerk or Register that shall neglect to penalty for neg-
give bond as aforesaid, or after giving such bond, shall lect-
incur a forfeiture thereof, shall be, and hereby is declared
incapable of sustaining or holding the said Office : and if
either of the said Clerks or Registers shall have neglected
to compleat his Records, for more than six months at any
one time, after the first day of Jane next (sickness or any
extraordinary casualty excepted) such neglect shall be ad-
judged a forfeiture of the bond of such Clerk or Register.

And to render this Act more effectual for the said pur-
poses :

Be it farther Enacted by the Authority aforesaid,
That the Justices and Judges of the said several Courts, Justices and
are hereby required and directed, to inspect the conduct to^pectuie6
of their several Clerks and Registers with respect to the geverafcierks.1'
Records aforesaid, and upon a deficiency therein, such
Judge and Justices shall give information thereof, in
writing, to the Treasurer, who has the Delinquent's bond
in keeping ; which Treasurer shall forthwith put the same
in suit ; and the money recovered on such suit, shall
be applied for bringing up the deficient Records, under
the direction of the respective Judge or Judges of the
Court, where such deficiency shall happen, and if there
be a surplusage from the bond of a Clerk of any of the
lower Courts after making up the Records, the same shall
enure to the use of the County whereof the Plaintiff* is
Treasurer; and if in the Supreme Judicial Court, such
surplusage shall enure, to the use of the Commonwealth :
and if the penalty of the bond incurred, shall be insuffi-
cient to make up the deficient Records, the Estate of the
deficient Clerk or Register, shall be liable for the residue.

And whereas the Court of General Sessions of the Peace,

conduct.

182 1786. — Chapter 58.

in their several Counties, are by Law authorized to remove
and displace the Register of Deeds, for misconduct in the
discharge of his duly, but no particidar method is pointed
out, in what manner the Court of General /Sessions of the
Peace are to cause the same to be done:
counTof Gen- Be it therefore Enacted by the authority aforesaid, That
erai sessions when any Register of Deeds, upon the presentment of

shall proceed in J ~ . • /■ i » r-i

displacing any the brand Jury, or information of the Attorney General,
deeds foVmis- or the person acting for the Government in the same
Office, shall by confession, demurrer, verdict, or by neg-
lecting to appear and answer, after reasonable notice, be
found guilty of misconduct or misbehavour in discharging
the duties of his said Office, or that by reason of infirmity
of body or mind, he is incapable of discharging aright, in
person, the duties thereof; the said Court shall enter up
Judgment thereon (and from whence no appeal shall lay)
that the same Register be removed and displaced from
the said Office ; and thereupon issue a Writ to the Sheriff
of the same County, to take the Books and papers to the
said Office belonging, and them deliver over to the Clerk
of the Court of Common Pleas, to be by him carefully
kept, until a Register shall be duly chosen and qualified
as the Law directs. February 16, 1787.

1786. — Chapter 58.

[January Session, ch. 8.]

CkaV 58 AN ACT ESTABLISHING THE RIGHT TO, AND THE FORM OF
^' THE WRIT DE HOMINE REPLEGIANDO, OR WRIT FOR RE-

PLEVYING A MAN.

Be it Enacted by the Senate, and House of Representa-
tives, in General Court assembled and by the Authority
oned° snaii be8" °f ^ie gfflWl6, that every person within this Commonwealth,
entitled, as of -who shall be imprisoned, confined, or held in duress, shall
deho'minerep. be intitled as of right, to the Writ, de homine replegiando,
less* &c°,_un' and to be thereby delivered ; unless while the writ of
habeas corpus is suspended, by the Legislature, he shall
stand committed by the special order of the Supreme
Executive power of the State, as dangerous to the pub-
lick safety, or by the same, or by some subordinate
authority of the Government, for treason, the death of
man, counterfeiting the common currency, house-burning,
burglary, robbery, or some other offence, for which, if
he is convicted, he may suffer death or banishment, or

1786. — Chapter 58. 183

unless he is held in Execution, upon Judgment of debt,
forfeiture, withernam, or by distress for taxes, or under
sentence, after conviction, for fine, costs, or in punish-
ment.

And where any person stands committed by lawful
authority, for any crime, for which he may not suffer
death, or otherwise than is above in this Act specified,
the Writ shall be in form following, viz.

Commonwealth of Massachusetts.

[l. s.] S ss.

To the Sheriff of our County o/S. Greeting.

We command you, that justly and without delay, Form of the writ
you cause to be replevied, C. D. who, (as it is said) ^sTandl cord-
is taken and detained in our Goal in JSf. within our mitted by lawful

authority.

said County of S. by the commitment of A. B. that he
the said C. D. may be at our Supreme Judicial Court,
next to be holden at , within our County

aforesaid, upon the Tuesday of

next, then and there in our said Court, to answer to all such
things, as shall be then and there objected against him,
more especially, for the Offence for which he stands com-
mitted, unless while the right of habeas corpus is suspended
by the Legislature, he stands committed, by the Supreme
Executive power of the State, as dangerous to the public
safety, or by the same, or some subordinate authority of
the Government, for treason, the death of man, counter-
feiting the common currency, house-burning, burglary,
robbery, or some other Offence, whereof if he is con-
victed, he may sutler death, or banishment ; or unless he is
holden under execution upon Judgment, for debt, forfeit-
ure, or in withernam, or by distress for taxes, or under
sentence, after conviction, for fine, or costs, or in punish-
ment. Witness W. C. esqr ; at , the
day of , in the year of our Lord

L. M. Clerk.

And where the Plaintiff is held without order of law,
the Writ shall be in form following, viz.

Commonwealth of Massacliusetts.

[l. s.] S ss.

To the Sheriff of our County of S. Greeting.

We command you, that justly and without delay, Formofthewrit

you cause to be replevied, C. D. who, (as it is said) ufHsVeid with-
out order of law.

184 1786. — Chapter 58.

is taken and. detained in a place, called JV. within
our said County of 8. by the duress of G. H. that he the
said C. D. may appear at our Court of Common Pleas,
next to be holden at , within and for our

said county of S. upon the Tuesday of

next, then and there in our said Court to demand right
and Justice, against the said G. H. for the duress and
imprisonment aforesaid, and to prosecute his replevin as
the law directs : provided, that if he the said C. D. is
held by the said G. H. as his Ward, Infant, or one to
whose service he is intitled, or as a principal, to whom
the said G. H. is bail, and he shall make you secure, by
good and lawful mainpernors, for his appearing at our
Court aforesaid, to prosecute his replevin against the
said G. H. and to have his body at the same Court, ready
to be re-delivered if ordered thereunto, and to pay all such
damages and costs as shall be then and there awarded
against him ; then, and not otherwise, you are to deliver
him ; and if the said C. D. is by you delivered, at any
day before the sitting of our said Court, you are to sum-
mon the said G. H. by serving him with an attested copy
of this Writ, that he may appear at our said Court, to
answer unto the said C. D. upon his replevin. Witness
T. JV. Esqr ; at B. the day of in

the year of our Lord,

X. Y. Clerk.

clause respect- ^nd fre ft Enacted, that if the Plaintiff stands com-

mg the returns m ' ,

of the writ. initted for any crime, not before in this Act mentioned,
or for any other offence, whereof, if he is convicted, he
may not have sentence of death or banishment, thereof
passed upon him, he shall have his Writ from the Clerk
of the Supreme Judicial Court, fourteen days before the
return day of the same, and the same Writ shall be made
returnable in the same County, where the imprisonment
happens, and unto the next Supreme Judicial Court, to
be there holden ; but if he is held by any person, without
due order of Law, he shall have his Writ from the Clerk
of the Court of Common Pleas, of the County wherein he
is held, returnable fourteen days, at the least, from the
day of the date ; and where the Plaintiff is delivered by a
Writ, returnable into the Supreme Judicial Court, having
been committed for any offence, and from which commit-
ment he is replevisable, he shall, before he is delivered,

1786. — Chapter 58. 185

recognize before the Sheriff of the County, in person, Plaintiff to rec
with sufficient surety or sureties, in a reasonable sum, for
his appearance at the same Court, to answer, abide and
perform the order and sentence of the same : which recog-
nizance shall be returned into Court, by the Sheriff; and
when the Plaintiff shall be delivered by a Writ returnable
into the Court of Common Pleas, he shall before his de-
liverance, give bond to the use of the Defendant, with
sufficient surety or sureties, at the discretion of the Sheriff,
to appear at the Court, to which the Writ is returnable,
and there to prosecute his replevin against the Defendant,
to have his body there ready to be re-delivered, as the
Court shall order, and to pay all damages and costs, that
may be awarded against him ; and the Sheriff shall be
answerable, if the sureties shall prove insufficient, unless
they are such as the Defendant agrees to.

And it is further Enacted, that if the Plaintiff shall not if the plaintiff
prosecute, or in prosecuting, shall be unable to support cuL.oHsunabie
his replevin, then the Defendant shall recover his reason- repievFn,rthede-
able costs: And if it shall be found upon the trial, that 'overate!11 re'
the Plaintiff" is the Ward or Infant of the Defendant, or
that he the said Defendant, is intitled to the service of the
Plaintiff, or that the Defendant is bail to the Plaintiff,
then the Defendant shall have Judgment against the
Plaintiff', for a re-delivery of his body and for such dam-
ages, as the Jury shall assess against the Plaintiff, with
reasonable costs.

And it is further Enacted, that if the Sheriff shall re- if the sheriff
turn upon the Writ, de homine rejdegiando, issuing from SewHtlYhauhe
the Court of Common Pleas, that 'the Defendant hath eSfhepto-
eloined the Plaintiff's body, so that he cannot deliver him, tiffs body, the

131*11 lit I tt Slltlll

then the Plaintiff shall on motion of the Court, have a have a capias in
capias in Withernam, to take the Defendant's body, and to tTke^ne'Te'fen-
keep the same, untill he shall produce the Plaintiff, to be dant'sbod>T-
delivered, according to the commandment of the original
Writ,

Provided nevertheless , that if the Defendant shall give Proviso.
full and sufficient bail, for his appearance at the Court
whereunto the Writ is returnable, then and there to trav-
erse the return of the Sheriff, upon the Writ de homine
replegiando, that the Sheriff shall take such bail ; or if the
Defendant cannot procure such bail, and is thereupon
committed by the Sheriff, he may nevertheless at the next
term (and not afterwards) be allowed to traverse the

186 1786. — Chapter 58.

Sheriff's return of elongation, or to plead any matter of
justification, in the same manner as he might have done,
to the original replevin : And if the Jury shall not find
that he is guilty of aloining the Plaintiff, as set forth in
the return, or if they find that the justification is sup-
ported, the Defendant shall be allowed his costs, against
the Plaintiff; but if the Defendant will not traverse the
return, and put himself upon the County, or if upon trav-
ersing the same, he shall be found guilty of the elonga-
tion of the Plaintiff; or if upon pleading a justification,
he shall not support the same, then the Court shall order
him into the custody of the Sheriff, and shall issue an alias
Writ of Withernam to hold him, untill he shall produce
the body of the Plaintiff, or untill he can prove that the
Plaintiff is dead ; which fact may be tried at any term of
the same Court, and in the same County, by a Jury, upon
the information, and at the expence of the Defendant.

And it is further Enacted, That the original Writ of
Withernam, shall be in form following, viz.

Commonwealth of Massachusetts.

[L. s.] S ss.

To the Sheriff of Our County of S Greeting.

^r„^ ?ifwhH, „f Whereas We have heretofore by Our Writ de homine

original writ ot J

withernam. repleg iando , commanded you, that justly and without
delay [here the original Writ, de homine replegiando,
shall be recited'] and you having returned thereupon,
[here the Sheriffs return shall be incited'] We therefore
command you, that without delay, you take the body of
the said G. H. if he may be found in your Precinct, and
him safely keep, so that he may be at our Court of Com-
mon Pleas, next to be holden at , within and
for Our said County of S , on the Tues-
day of next, then and there in our said Court, to
traverse the return aforesaid, upon our original Writ de
homine replegiando, and that if he shall be found guilty
of the elongation of the said C. D. he may be held by our
alias Writ of Withernam, untill he shall produce the body
of the said C. D. that he may be delivered as the law
directs. Witness T. N. Esqr ; at B , the
day of in the year of Lord,

X. Y. Clerk.

And the alias Writ of Withernam, shall be in form fol-
lowing, viz.

1786. — Chapter 59. 187

Commonwealth of Massachusetts.

[l. s.] S ss.

To the Sheriff of Our County of S Greeting.

Whereas We commanded you, by our original Writ Form of an alias
de homine replegiando, that, [here the original Writ
de homine replegiando, shall be recited] upon which
Writ a return was made, that, [here the return shall be
recited] whereupon Our Writ of Withernam was duly
issued, commanding you, that [here the Writ of Wither-
nam shall be recited] and at our said Court the said G. H.
[here all the consequent proceedings shall be recited] where-
upon, it was considered and adjudged by our said Court,
that the body of the said G. H. should be taken and held,
untill he shall produce the body of the said C. D. and
untill he shall pay the sum of taxed in costs,

against him : We therefore command You, that you take
the body of the said G. H. into your custody, and him
there to hold irreplevisably, in one of our Goals in our
said County of S ,• untill he shall produce the body

of the said C. D. or is discharged by order of law.
Witness Esq ; at B , the day of

in the year of our Lord Clerk.

And be it further Enacted, that in any stage of the pro- Any person per-

-, . ., . , , rnitted to appear

ceedings upon process, pursuant to this Act, any person for the plaintiff,
shall be permitted to appear for the plaintiff, who will i^afthe court
stipulate as the Court shall direct, for the payment of all shall direct, &c.
costs and damages, that may be awarded against the Plain-
tiff, although he can produce no special power for that
purpose. February 19, 1787.

1786.— Chapter 59.

[January Session, ch. 9.]

AN ACT FOR THE MORE SPEEDY AND EFFECTUAL SUPPRES- CllCip. 59
SION OF TUMULTS AND INSURRECTIONS IN THE COMMON- *'

WEALTH.

Whereas in a free Government, where the people have a Preamble.
right to bear arms for the common defence, and the military
power is held in subordination to the civil authority, it is
necessary for the safely of the State, that the virtuous cit-
izens thereof should hold themselves in readiness, and when
called upon, should exert their efforts to support the civil
Government, and oppose the attempts of factious and wicked

188 1786. — Chapter 59.

men, who may wish to subvert the Laws and Constitution
of their Country; and whereas a delay in suppressing
tumults and insurrections, in Diverse Counties of the State,
has been attended with alarming consequences, such tumults
and insurrections having lately grown into the unnatural
and dangerous Rebellion, which now exists in the Common-
wealth: for the prevention of like consequences in future:
Be it Enacted by the Senate, and House of Representa-
tives in General Court assembled, and by the authority
Duty of civii offl- of the same, That whenever an Insurrection shall have
insurrection. ' taken place in either of the Counties of the Common-
wealth, to obstruct the Course of Justice, or the due exe-
cution of the Laws, or there is reason to apprehend that a
dangerous Insurrection for such purposes will be excited,
it shall be the duty of the civil Officers, in such County,
as well the Sheriff, as the Justices of the several Courts
Govemour re. 0f Judicature, within such County, immediately to give

quested to exer- , . ' , •> ' J ~

else the powers information thereof to his Excellency the Governor, for
the constitution! the time being; who is hereby requested, thereupon, to
exercise the powers vested in him by the Constitution,
and to give immediate directions to the Major General,
or commanding Officer of the Division, where such insur-
rection exists or is apprehended, and if he shall think it
necessary, to the Major General or commanding Officer
of any other Division or Divisions, to detach from his or
their Division or Divisions, such part of the militia for
the support of the civil authority, as he shall judge fully
adequate for that purpose, and for the apprehension and
safe keeping of those who may be concerned in such in-
surrection.

And Be it further Enacted by the authority aforesaid,
if in i the opinion that if in the opinion of the Sheriff, or any two of the

of the Sheriff or T . , l „ , _, _ '. . . ^ ,

any two jus- Justices, either ot the Supreme Judicial Court, or the
essary a'force" Court of Common Pleas, in any of the Counties of this
etantiy raised, Common wealth, it shall be necessary for the suppression
the%amae'tCothey °f any insurrection existing or apprehended, as aforesaid,
Major-General, in such County, that a force shall be instantly raised and
called forth for that purpose ; and if by reason of distance,
the necessary aid cannot be obtained by order of the Com-
mander in Chief; it shall be the duty of such Sheriff or
Justices, to certify the same under his or their hand, to
the Major General or commanding Officer of the Division,
wherein such County lies, or to the commanding Officer
of some Regiment or corps in the vicinity, and to request

1786. — Chapter 59. 189

him or them to detach the whole, or such number of the
militia under the command of such Officer, for the sup-
port of the civil authority, as the said Justices or Sheriff
may think necessary, to defeat the purposes of such Insur-
gents, and to apprehend and safely keep them for tryal,
and as soon as may be to give notice of such application
to the Commander in Chief, that he may take the necessary
orders thereupon ; and it shall be the duty of such Major Duty of such

/-n i/~( t /"y/y» i a i ' Maior-General.

General or Commanding Officer, upon such request being
made, to detach such number of the militia as shall be
requested as aforesaid, armed and equiped according to
law ; and the militia so detached and collected shall afford
their assistance to, and be under the direction of the civil
Officer or Magistrate, unless in case of Rebellion declared
by the Legislature.

And be it further Enacted by the Authority aforesaid,
that if any commissioned Officer of the militia, shall re- Punishment, if
fuse, or wilfully neglect to execute any orders, he may r^mYa^fuse to
receive from his superior Officer, to make a detachment execute orders.
from the corps under his command, or to march for the
support of the civil Authority, or the suppression of any
Insurrection as aforesaid, in addition to the punishment
which may be inflicted by virtue of any Act for regulating
the militia, if convicted thereof before the Justices of the
Supreme Judicial Court, he shall be subject to be fined
in a sum not exceeding fifty pounds, and to be adjudged
incapable of sustaining any Office in this Commonwealth,
for a term not exceeding ten years ; to either or both of
the said Penalties, according to the aggravation of the
offence, and circumstances of the offender, as to the Jus-
tices of the said Court shall seem meet.

And be it further Enacted, that if any person, whether
non-commissioned Officer or private, and belonging either Penalty if non-
to the train band or the alarm list, who shall be detached X™wor°£rf.
or ordered to march for the support of the civil Authority, negieoMomarel!
or the suppression of any Insurrection, existing or appre- &e-
hended as aforesaid, shall refuse or neglect to march,
armed and equipped, in the manner, and at the time, which
the Officer by whom he shall be detached shall direct, or
shall desert or leave the service before he shall be regu-
larly discharged, if convicted thereof before the Justices
of the Supreme Judicial Court, he shall be subject to be
fiued at the discretion of the said Court, in a sum not
exceeding ten pounds.

190 1786. — Chapter 60.

And be it farther Enacted by the Authority aforesaid.
Penalty for dis- t]ia£ jf any person in public or private discourse or con-

suadius; any rail- J I I I

itaryomcer.&c. versation, or by any ways or means, shall dissuade or

frorathedutyre- , ' J J J .,. „„ „ „

quired of him. endeavour to prevent any military (Jibcer from performing
the duty required of him by this Act, or any person or
persons detached or ordered to march for the purposes
aforesaid, from marching to the place of rendezvous, or
from continuing in the service until regularly discharged,
each person so offending, being convicted thereof as afore-
said, shall pay a tine to the use of the Commonwealth, not
exceeding fifty pounds, and shall recognize for his good
behaviour for a term not exceeding three years.

And be it further Enacted by the authority aforesaid,

c°^Pe°satiou that compensation shall be made to such part of the mili-

tne militia. tia, as may at any time hereafter be detached or employed

agreeably to, and for the purposes mentioned in this Act.

February 20, 1787.

1786. — Chapter 60.

[January Session, ch. 10.]

g() AN ACT FOR INCORPORATING THE EASTERLY PART OF THE
TOWN OF DARTMOUTH, IN THE COUNTY OF BRISTOL, INTO
A SEPERATE TOWN, BY THE NAME OF NEW BEDFORD.

Be it Enacted by the Senate, and House of Representa-
tives, in General Court assembled, and by the Authority of
Boundaries. £/w same, That the lands hereafter described, to wit, begin-
ning at a Bridge lying across a stream that runs through
the beach, by a place called Clark's Cove, thence running
northerly as the main branch of the stream runs, till it
comes to a little Bridge lying across the Country road, at
the foot of a hill about twenty rods to the eastward of the
dwelling house, where James Peckman, deceased, last
dwelt ; thence northerly on a streight line to Nathaniel
Spooner's Saw Mill ; from thence northerly on the west
side of Bolton's cedar Swamp, till it comes to the dividing
line between Dartmouth and Freetown, near the place
called Aaron's causeway ; thence east twenty two degrees
and one half north, in the dividing line between said
towns, to a Rock-, known by the name of Peaked Rock ;
thence southerly by the Country road that leads from
Dartmouth to Boston, one hundred and eight rods, to the
south-west corner of Ebenezer Lewis's homestead farm ;
thence east about three hundred rods in the dividing line,

Chap.

1786. — Chapter 60. 191

between Rochester and Dartmouth, to a large white-pine
tree, marked on three sides ; thence south six degrees and
one half east, in the dividing line, between Dartmouth and
Rochester, to a heap of Stones by the sea ; thence westerly,
to the first mentioned bounds ; with all the Islands here-
tofore known to be a part of Acqushnot village, with the
inhabitants dwelling on the lands above described, be,
and they are hereby incorporated into a Town by the
name of New Bedford: and the said Town is hereby
invested with all the powers, priviledges and immunities, vested with
to which Towns within this Commonwealth are, or may power8,cC
be intitled, agreeably to the Constitution and laws of the
said Commonwealth.

Provided nevertheless, And be it further Enacted, that Proviso.
any of the inhabitants now dwelling on the above de-
scribed lands, who are or may be still desirous of belonging
to the Town of Dartmouth, shall at any time, within two
years from the passing this Act, by returning their names
into the Secretary's Office, and signifying their desire of
belonging to said Dartmouth, have that priviledge ; and
shall with their polls and estates belong to, and be a part
of the said Dartmouth ; they paying their proportion of
all taxes, which shall have been laid on the said Village of
Acqushnot, or town of New Bedford, previously to their
thus returning their names, as they would by law have
been holden to pay, had they continued, and been a part
of the Town of New-Bedford.

Be it Enacted by the authority aforesaid, That the inhabitantsshaii
inhabitants of the said town of New Bedford, shall pay all 0>ftaxes"&c!rs
the arrears of taxes, which have been assessed upon them,
and their proportionable part of what remains unpaid of
the Beef tax, so called, together with their proportion
of all debts, that are now due from the said Town of
Dartmouth, and shall support their own poor.

Be it enacted by the Authority aforesaid, that the public Public lands,
lands, and the buildings standing thereon, also the town's powderf &ck °f
stock of Powder, and other Town's property, shall be ^and^Sd11"
estimated and divided in the same proportion, that each
Village paid in the last State Tax, by Committees to be
appointed for that purpose, at their annual town meeting
in March or April next : and whatever sum shall be found
due to the town of Dartmouth, in consequence of the
Work house, standing within the line of New Bedford, as
shall be reported by said Committees, the inhabitants of

192 1786. — Chapter 61.

said New Bedford, shall pay to the said Town of Dart-
mouth.
EiishaMay, And be it Enacted by the Authority aforesaid, that

meeting. Elisha May, Esqr ; be, and he 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 of New Bedford, to assemble and meet at
some suitable place, in the said town, to choose all such
Town Officers, as Towns are required to choose at their
annual Town meetings, in the month of March or April,
annually. February 23, 1787.

Chap

1786. — Chapter 61.

[January Session, ch. 17.]

Ql AN ACT FOR INCORPORATING A CERTAIN PLANTATION IN THE
COUNTY OF LINCOLN, CALLED MAJORBIG WADUCE, OR NUM-
BER THREE, INTO A TOWN BY THE NAME OF PENOBSCOT.

Preamble. Whereas the inhabitants of the said Plantation, labor

under many difficulties and inconveniencies, for want of
being incorporated into a Town : Therefore,

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

Boundaries. the same, that all the lands lying within the following
limits, with the inhabitants thereon, viz. beginning at
Buck harbour, so called, on the dividing line between
Number three and Number four, and from thence running
northeasterly, on the westerly line of Number four, Num-
ber five, and Number six, to the southerly corner of
Number two ; thence westerly, on the southerly line of
Number two, to Penobscot Piver ; thence southerly, down
the same River, and Penobscot Bay, to the southwester-

incorporated & most part of Cape Rozier; thence easterly, including

powers. Spectacle Island, to Buck harbour aforesaid, the place of

beginning, be, and hereby are incorporated into a Town,
by the name of Penobscot; and the said Town is hereby
invested with all the powers, priviledges and immunities,
that the Towns in this Commonwealth are intitled to,
according to law.

Joseph Hibbert, Anci oe n further Enacted, That Joseph Hibbert, Esqr.

Esq; to call a •* ' J- . ' 1

meeting. be, and he hereby is empowered, to issue his Warrant, to

some principal inhabitant of said Town, to warn the in-
habitants thereof to assemble, at such time and place in

1786. — Chapter 62. 193

said Town, as by said Warrant shall be appointed, to
choose all such Officers as by law are appointed to be
chosen annually, in the Month of March or April; And
the said inhabitants being so assembled, shall be, and
hereby are empowered to choose such Officers accord-
ingly :

Provided nevertheless, that nothing in this Act shall in Proviso.
any manner affect the right of soil, in the lands aforesaid,
or discharge the taxes already assessed, or ordered to be
assessed, in the said Plantation; but the said town shall
be considered, as held to pay all such taxes, which remain
due and unpaid, from the said Plantation.

February 23, 1787.

1786. — Chapter 62.

[January Session, ch. 11.]

AN ACT IN ADDITION TO, AND MAKING PROVISION FOR THE (Jfiaj). 62
MORE DULY COLLECTING THE REVENUE, ARISING FROM -* *

TWO SEVERAL ACTS PASSED OCTOBER THE TWENTY-SECOND,
SEVENTEEN HUNDRED AND EIGHTY-THREE, AND JULY, THE
EIGHTH, SEVENTEEN HUNDRED EIGHTY SIX, FOR THE SUP-
PORT OF THE LIGHT HOUSES IN 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 the Master or owner of every Vessel
chargeable with the duties of light money, by the afore-
said Acts, shall upon her arrival in any port in this Com-
monwealth, enter with the Naval Officer of the port where
said Vessel may arrive, the full tonnage thereof, agreeably
to the rules of Carpenters measurement ; and the Naval
Officer shall calculate the duties on such Vessel, agreeably
to such Entiy, unless he shall have any reason whatever
to believe that the said Master or owner has made a short
entry of her tonnage ; in which case the said Naval Officer
shall, and he is hereby impowered and directed to cause
the said Vessel to be measured, by the rules of Carpenters
measurement : And if said Vessel shall be foubjd to meas-
ure more tons than she is entered for, then and in that
case, the owner or master who entered the said Vessel
shall pay three shillings per ton for each and every ton
she shall be entered short of her real measurement.

February 26, 1787.

19± 1786. — Chapter 63.

1786. — Chapter 63.

[January Session, ch. 12.]

Chan 63 AN ACT F0R altering the time for holding the supreme

P' JUDICIAL COURT, AT THE NEXT SESSIONS OF THE SAME

COURT, IN THE COUNTIES OF HAMPSHIRE AND BERKSHIRE,
AND FOR ADJOURNING THE COURTS NEXT TO BE HOLDEN
IN THE COUNTIES OF MIDDLESEX, PLIMOUTH AND BARN-
STABLE; AND TO AUTHORIZE ANY TWO OF THE JUSTICES
OF THE SAME COURT, TO DO AND PERFORM THE BUSINESS
OF THE SAID COURTS AT PLIMOUTH AND BARNSTABLE, AT
THE TIMES TO WHICH THEY SHALL RESPECTIVELY BE AD-
JOURNED.

Preamble. Whereas the suits and prosecutions which are noiv or

probably vrill be pending in the Supreme Judicial Court,
at their next Sessions, in divers of the Counties above
mentioned, are so numerous, that the time by law allowed
the Justices of the same Court, to hear and determine the
same, will be insufficient for the purpose:

Be it therefore enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the author-
SfoSrthfSS ty of the same, That the Supreme Judicial Court to be
county of Berk- holden at Lenox, within and for the county of Berkshire,
on the first Tuesday of May next, by virtue of a resolve
of the General Court, of the fourteenth day of November,
one thousand seven hundred and eighty six, shall be holden
at Great Barrington, within and for the said County of
Berkshire, on the third Tuesday of March next ; and all
matters, civil and criminal, which might by Law have
been heard, tried or adjudged, in the said Court at Lenox,
aforesaid on the said first Tuesday of May, shall be heard,
tried, adjudged and determined, in the same Court, at
said Great Barrington, on the said third Tuesday of
March next, in the same way and manner, as though the
time and place for holding the said Court, had not been
altered.
be°heidatNoTtn° Ancl tlle Supreme Judicial Court by Law to be holden
ampton, on the qX Northampton, within and for the County of Hampshire,
April next, shall on the last ^uesday of April next, shall be holden at said
first Tuesday! Northampton, within and for the said County of Hamp-
shire, on the first Tuesday of April next ; and all matters,
civil and criminal, which might by Law have been heard,
tried or adjudged in the said Court, on the said last Tues-
day of April, shall be heard, tried, adjudged and deter-
mined, in the same Court, on the said first Tuesday of

1786. — Chapter 63. 195

April, in the same way and manner as if the time for
holding the said Court, had not been altered.

And be it further enacted by the authority aforesaid,
that the Supreme Judicial Court by Law to be holden at SheidL'con-0
Concord, within and for the County of Middlesex, on the cordon the first
second Tuesday of April next, be, and hereby is adjourned April next, ad-
unto the first Tuesday of May next, then to be holden at ih-stTue^da^of
Concord aforesaid ; and all matters, civil or criminal, now Uay-
pending, or that may be pending, or which might by Law
have been heard, tried or adjudged, in the said Court, on
the said second Tuesday of April next, shall be heard,
tried, adjudged and determined, in the same Court, on
the said first Tuesday of May next, in the same way and
manner as if the said Court had not been adjourned.

And be it further enacted, that if during the time that Justices author-
the said Supreme Judicial Court shall be holden as afore- the court
said, by virtue of this Act, at Great Barrington, within he'iTat^orth.
and for the County of Berkshire, the Justices of the same fi™?xuesdSeof
Court shall think it necessary for the due administration April.
of Justice, that the Court to be holden at Northampton as
aforesaid, on the first Tuesday of April, should be ad-
journed to a day after that time, the Justices of the said
Court are hereby authorized and impowered, at Great
Barrington aforesaid, by Writ under the Seal of the same
Court, at any time not less than six days before the said
first Tuesday of April, to adjourn the said Court directed
to be holden at Northampton on the first Tuesday of April
as aforesaid, to such further day as shall be expressed in
the same Writ, as the said Justices shall think expedient.
And the said Justices are in like manner authorized and —authorized to
empowered, during the time the said Court shall be holden courtly law
as aforesaid, by virtue of this Act at Northampton, within ^vofcester.tn
and for the County of Hampshire, at any time within six Apriinext.
days before the Tuesday next preceeding the last Tuesday
of April next, if they shall think it necessary, by Writ as
aforesaid, to adjourn the Supreme Judicial Court, by Law
to be holden at Worcester, within and for the County of
Worcester, on the said Tuesday next preceeding the last
Tuesday of April next, to such further day as the said
Justices shall think expedient.

And the said Justices are in like manner authorized and Justices em-

,,. . • -\ /~\ iniiii powered to ad-

empowered, during the time the said Court shall be holden joum the court
as aforesaid, at Worcester, within and for the County of heidat Concord;
Worcester, at any time within six days before the said in May next-

196 1786. — Chapter 63.

first Tuesday of May, by Writ as aforesaid, to adjourn
the said Court directed to be holden at Concord, within
and for the County of Middlesex, on the first Tuesday of
May next to such further day as shall be expressed in the
same Writ. And if the said Justices shall think it neces-
sary to adjourn either or all of the Courts as above men-
tioned, the Sheriff of the County, where the Court so
adjourned is to be holden, shall as soon as may be, after
the Writ for adjourning such Court shall be issued, post
up an attested copy of such Writ, in the Town where such
Court is to be holden, and shall post up attested copies
thereof in some conspicuous place, in other Towns in the
same County.
writsofVenire And be it further enacted, that the Clerk of the Supreme
toC8Mve at the Judicial Court, may issue from his Office, Writs of Venire
at0Grteat0Bhaerld facias, for Jurors to serve at the said Courts to be holden
Northampton, as aforesaid, at Great Barring ton and Northampton, at
may be issued at arly time within ten clays before the return day of the

anv time -within ^ . •> . , «>

ten days from same Writs; and the meetings for the appointment of
Grand Jurors and Petit Jurors to serve in the same
Courts shall be holden as soon as conveniently may be,
after the issuing of the said Writs, and before the day of
the sitting of the same Courts respectively ; and as soon
as may be, after such appointment, the Grand Jurors
shall be summoned to attend the said Courts ; and the
Petit Jurors notified of their appointment to serve at the
said Courts, respectively, before the day for the setting
of the said Courts. And the Jurors so to be appointed
shall be taken and are hereby declared, to be duly and
legally appointed ; any Law to the contrary notwith-
standing.

And be it further enacted by the authority aforesaid,
court by law to that the Supreme Judicial Court by Law to be holden at
stable in May Barnstable, within and for the County of Barnstable, on
a joume . ^e Wednesday next proceeding the third Tuesday of
May next, be, and hereby is adjourned to the first Wednes-
day of June next, then to be held at Barnstable, within
and for the said County of Barnstable. And the Supreme
Judicial Court by Law to be holden at Plimouth, within
and for the County of Plimouth, on the third Tuesday of
May next, be, and hereby is adjourned to the second Tues-
day of June next, then to be holden at Plimouth, within
and for the county of Plimouth; and all matters, civil
and criminal, now pending, or that may be pending at

1786. — Chapter 64. 197

Barnstable, on the Wednesday next preceeding the third
Tuesday of May next, and at Plymouth on the third Tues-
day of May next, shall be heard, tried, adjudged and de-
termined, in the same Courts, at the times and Places to
which they are respectively adjourned by this Act, in the
same manner, as if the said Courts had not been adjourned.

And be it further enacted, That any two of the Justices Any two of the
of the Supreme Judicial Court, for the time being, may fz^to6 perform
and shall be a Quorum for hearing and determining the cotmsYobVbeld
several matters and things civil and criminal pending in ^^^m^*^
the same Court, in the Counties of Plimouth and Barn-
stable respective!}^, at the times to which the Courts to be
holden in the said Counties are adjourned, by this Act, as
fully and effectually, as any three or more of them might
or could, had this Act never been made, and in case
from any unforeseen event, two of the Justices of the
same Court, shall not meet on the day assigned for hold-
ing the said Courts respectively, any one of them is hereby
authorized, by Writ under his hand and Seal, to adjourn
the same to a future Day, in the same way and manner,
any two of the said Justices now may by Law adjourn
the Supreme Judicial Court ; any former Law, usage or
custom to the contrary notwithstanding.

February 26, 1787.

1786. —Chapter 64.

[January Session, ch. 13.]

AN ACT FOR REPEALING IN PART, A CLAUSE IN AN ACT flf.^ &A
PASSED THE FIFTH DAY OF MARCH, ONE THOUSAND SEVEN Kj,illl)' u^
HUNDRED AND EIGHTY FIVE, INTITLED, "AN ACT INCOR-
PORATING THE PLANTATION OF SHAPLE1GH, IN THE COUNTY
OF YORK, INTO A TOWN BY THE NAME OF SHAPLEIGH,
AND FOR ANNEXING CERTAIN LANDS TO LEBANON."

Whereas the proprietor's of several tracts or parcels of Preamble.
land adjoining to the towns of Sandford and Lebanon,
have petitioned this Court, that the said several tracts of
land, which in and by said Act are annexed to the town
of Sandford, may be annexed to the Towns of Shapleigh
and Lebanon, respectively :

Be it therefore Enacted by the Senate, and House of
Representatives, in General Court assembled, and by the
authority of the same, that the clause in the aforesaid Act, clause in a

11, i ij.i r ^ -\ ^ • former act, re-

annexmg all the gores and tracts ot land herein men- peaied.

198 1786. — Chapter 65.

tioned, to Sandford, be, and the same clause is hereby
repealed, so far as it relates to the several tracts of land
aforesaid.

And be it further Enacted by the authority aforesaid,
Certain tract of That a certain tract of land, containing five hundred acres,

land annexed to ,., ..,, -. , P t-» • c

Lebanon. which was originally granted by the late Province of

Massachusetts Bay to John Wainwright, Esqr ; be, and
the same hereby is annexed to the Town of Lebanon,
aforesaid.

And be it further Enacted by the Authority aforesaid,

several parcels that the several parcels of land following, viz. Two hun-

of land annexed * . t a -> •

to snapieign. dred acres of land belonging to /Samuel Andrews, which
he purchased of this Commonwealth ; five hundred and
ninety acres belonging to Jonathan Hamilton, being the
same he purchased of the Commonwealth ; two hundred
acres belonging to Kendal; five hundred acres laid out to
Tho?nas Baker, pursuant to a grant from the late Prov-
ince of Massachusetts Bay; two hundred acres laid out
by said Province to Daniel Simpson; one hundred acres
granted by the Province aforesaid to John Lydston; one
hundred acres laid out by said Province, to Moses Banks;
four hundred acres laid out to Joseph Bean; three hun-
dred and sixty nine acres, belonging to William Frost,
junr. being the same the said Frost purchased of this
Commonwealth, also so much of three hundred acres of
land granted to John Lydston, as is owned and possessed
by the said William Frost, junr. which aforesaid several
tracts of land, are in and by said clause, annexed to Sand-
ford, be, and the aforesaid parcels or tracts of land are
hereby severally annexed to, and forever hereafter shall
be considered as a part of, and as belonging to the said
Town of Shapleigh; any thing in the aforesaid Act to
the contrary notwithstanding. February 27, 1787.

1786. — Chapter 65.

[January Session, ch. 18.]

Chan 65 AN ACT F0R preventing persons serving as jurors,

Kj I JJ. O WHQ m C0NSEqUENcE OF HAVING BEEN CONCERNED IN
THE PRESENT REBELLION, ARE BY LAW DISQUALIFIED
THEREFOR.

Preamble. Whereas by an Act entitled, "An Act for regulating

the choice and services of Petit Jurors," it is among other
things Provided, " That if any person whose name shall

1786. — Chapter 65. 199

be put into either box, shall be guilty of any gross im-
morality, his name shall be withdrawn from the box, by
the Selectmen of the Town.

And whereas by an Act passed the present session of the
General Court, the pardon which his Excellency the Gov-
ernor is authorized to promise to persons who have been
concerned in the present Rebellion, is upon condition that
they do not serve as Jurors within three years:

And whereas it is reasonable to provide as far as may
be, not only for the due administration of Justice, but also
for the relief of such persons as have been concerned in the
said Rebellion, and who, though unwilling to declare them-
selves criminal, may wish to avail themselves of the pardon
promised, or which may be promised as aforesaid:

Be it therefore Enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, that it shall be the duty of the selectmen di.
Selectmen of the several Towns to which a Venire facias 5™ from the
shall be issued for Jurors, to serve at any Supreme Judi- nan^of aii the
cial Court, or any Court of General Sessions of the Peace, J£eJ ?h ™i°judBge
or Court of Common Pleas, in this Commonwealth, at any guilty of favour-
time within one year from the passing this Act, and such
Selectmen are hereby required to withdraw from the Jury
boxes, the names of all such persons as they judge to have
been guilty of favoring the present Rebellion, or of giving
aid or support thereto, prior to drawing out the names of
the Jurors that may be called for by the Venire facias.

Provided nevertheless, that if such persons, or any of Provi8°-
them, shall make application to the Town to restore their
names to the Jury box, and can obtain a vote of the Town,
at any town meeting afterward to be called for that pur-
pose, to have his or their names restored to the box again,
the name of such person or persons shall be restored
accordingly.

And whereas by the said Act, for regulating the choice
and services of petit Jurors, it is among other things pro-
vided, "that the Justices of the respective Courts shall
upon motion from either party in suit, put any Juror upon
oath, whether he 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 be set
aside for the trial of that cause, and another called in his
stead." And whereas it is necessary for the impartial
Administration of Justice, that effectual measures be taken

200 1786. — Chapter 06.

to prevent those persons who have been concerned in the
present Rebellion, from serving as Jurors in trials for
treason or misprison of treason :
plcted of favour- &e it further Enacted, that if within the said term of
Hon^isatwufled three years, from the time of passing the Act aforesaid,
to serve as passed the present Session of the General Court, upon the
for Treason. trial of any person before the Supreme Judicial Court,
for treason or misprison of Treason, the Attorney Gen-
eral, or person acting in behalf of the Commonwealth,
shall suggest to the said Court, that any person called to
serve on the Jury of tryals, has been guilty of favouring
the Rebellion now existing, or has in any manner been
concerned therein, or given aid or support thereto, if the
said Court upon enquiry of the person against whom the
objection is made, or upon examination of witnesses, shall
judge that there is probable ground for the said sugges-
tion, it shall be the duty of the Court to set aside the per-
son so objected to, as disqualified to serve as a Juror.

February 26, 1787.

Chap. 66

1786. — Chapter 66.

[January Session, ch. 14.]

AN ACT GRANTING THE PRIVILEGE OF REVIEW IN CIVIL

ACTIONS.

Be it enacted by the Senate, and House of Representa-
tives, in General Court assembled, and by the Authority of
shanehaPverthe ^ie mme, that either party aggrieved at the judgment of
privilege of re- the Supreme Judicial Court, where only one verdict hath

view, at any L, .-,..,."

time within two been given against him in such action, may at any time
within two years, review the same cause and have one
trial more : and there shall be no further pleadings, but
the action shall be tried upon the Review, by the issue
appearing upon the Record, to have been originally joined
by the parties, but execution upon such judgment, given
in the Supreme Judicial Court, shall not be stayed by
such Review, unless a bond shall be given, as is in this Act
provided. And the party, bringing such action of Re-
view, shall produce in Court attested copies of the Writ,
Judgment, and all papers used and filed in the former
trial, and each party shall have the liberty to oiler any
further evidence.

Proviso. And it is also Provided, That any Infant, feme covert,

or person non compos mentis, imprisoned, in captivity, or

1786. — Chapter 66. 201

out of the United States of America, shall have liberty to
review their actions, at any time within two years, exclu-
sive of the time such impediment exists.

And be it further Enacted, That when either party shall in actions of re-

• •/»-!-»• i ill view, — causes

bring an action ot Review, and enter the same, the whole how tried.
cause shall be tried in the same manner, as if no Judg-
ment had been given thereon ; and the former Judgment
may be reversed, in whole or in part, or greater damages,
or less, or no damages, may be given, as the merits of the
cause, upon Law and the evidence, shall appear to require,
in the same manner as if both parties had brought their
several Writs of Review.

And it is further Enacted, That when there are more when damage
than one original Defendant, against whom joint damages againT^more
are recovered, and one or more, but not all of them, shall defe\Xen°trfndal
review the cause, he or they shall purchase the Writ one or more, but

' J , . i not all of them,

therefor, in the name of all the original Defendants; and shaii review the
if any of the original Defendants shall not appear, their shaiioepur-
non-appearance shall be entered upon the Court's record ; LmeonhV
and he or they who shall appear, in support of the Re- whule-
view, may prosecute the same to final Judgment : and if
he or they who shall prosecute the same, shall obtain a
reversal of the former Judgment, in whole, he or they
shall be entitled to cost, and a restoration of the damages
by him or them respectively paid in satisfaction of the
former Judgment : and if he or they who shall prosecute
as aforesaid shall obtain a reversal of the former Judg-
ment, in part only, he or they shall be entitled to costs,
and a restoration of so much of the damages by him or
them respectively paid, in satisfaction of the former Judg-
ment, as the former Judgment may have exceeded the
Judgment upon the Review as aforesaid.

And be it further Enacted by the Authority aforesaid,
that when several damages are given, against several De- when damages

feJ ..i <• ,i • • ?i are given against

ndants, either ot them may review, in the same manner, several defend-
as if there was no other original Defendant in the Cause ; them may re-f
and if he shall obtain a reversal of the former Judgment, view> &c-
in whole, as to him, he shall be intitled to a restoration
of all damages and costs by him paid : and if he shall
obtain a reversal of the former Judgment, in part only,
he shall be intitled to costs, and a restoration of so much
of the damages by him paid in satisfaction of the former
Judgment, as the former Judgment, may have exceeded
the Judgment upon the review as aforesaid.

202 1786. — Chapter 66.

And be it further Enacted by the Authority aforesaid,
ta2edefennyda?tg" tnat when any original Defendant or Defendants, intitled
intitied to a re- to and intending to review, shall suppose that they will

view, shall sup- . » . . • • j xl

poeethereiisdan- be in danger ot loosing the sum given in damages, or the
fhes°um0givunin goods or Chattels recovered, if they are obliged to pay or
dSon'efiTt'hTs deliver the same to the original Plaintiff or Plaintiffs, be-
caBe- fore a review, in all such cases such Defendant or Defend-

ants, his or their Agent or Attorney, entering into bond
at the time of making up the Judgment, with sufficient
surety or sureties, to be approved of by the Court, with
condition, to prosecute a Writ of Review of the same
Action, with effect, at the next Supreme Judicial Court
to be holden for the same County, and to answer and pay
to the original Plaintiff or Plaintiffs, for the damages,
goods or chattels recovered, after the rate of twelve per
cent, per annum, being double interest from the time of
making up such Judgment, with additional damages and
double costs, in case the former Judgment shall be affirmed
in whole ; and simple interest if the same shall be affirmed
in part, or if the Judgment shall be upon detinue or re-
plevin for any goods or chattels, then to pay all such
damages, as the Jury shall assess for the detention, with
double costs ; if the former damages are affirmed, then
Execution shall be stayed upon the Judgment whereon
the Review is had.
Manner of serv- And when any party against whom any review is com-
angy part"}! l\m\\ menced, shall not be an inhabitant of this Commonwealth,
tna0ntofathisncom! the Writ may be served upon such person as appeared for
monweaith. ^im jQ tne former tryal, or upon the Agent of the said
party, his Attorney, or Trustee, which shall be deemed a
sufficient service ; and in such case the Court may at their
discretion, continue the cause for one or more terms, in
order for the party to have personal notice, if they shall
think that Justice requires it.
when one or And it is further Enacted, that when one or more, and

SHefendante! not all the original Defendants, against whom joint dam-
rehviewtheceaUse. ages are given, shall choose to review the cause, he or
hfverbohnedy &ca11' ^ey shall be obliged to give bond, for the responding the
whole sum given in damages, together with double inter-
est and additional damages, as before provided ; and no
Execution shall be issued against the other original
Defendants.
in real actions, And it is further Enacted, that in all real actions, where
fendantsuveout the Defendant or Defendants in review, live out of the

1786. — Chapter 67. 203

Commonwealth, so that the Writ of Review cannot be of the common-
served upon him or them, the service of such Writ upon upon te'r-tenants
the Ter-tenant or person in possession, shall be deemed a sufficient?661116
good and sufficient service, and the Defendant or Defend-
ants shall be held to answer thereupon accordingly.

February 26, 1787.

1786. — Chapter 67.

[January Session, ch. 15.]
AN ACT DIRECTING THE METHOD FOR LAYING OUT HIGHWAYS

Chap. 67

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 the several Towns in this Selectmen em.
Government, are hereby authorized and empowered, either ^particular7
personally, or by such other Person or Persons, as they wady^rivate
shall appoint, to lay out within their respective Towns,
particular and private ways, for the use of such Town
only ; or for the use of one or more individuals thereof,
or proprietors therein ; and if any particular Person or
Persons, who are Owners of the land through which such
private Roads shall be laid out, be injured thereby, he or
they shall receive such recompence, as the party interested
and the Selectmen shall agree upon, to be paid by the
Town, or the individual Person or Persons, for whose use
the road is laid out, or as shall be ordered by the Justices
in their General Sessions of the Peace, upon an enquiry
into the same by a Jury to be summoned for that purpose,
or by a special Committee, if the Parties agree thereunto.

Provided always, that no private way laid out by the Proviso.
Selectmen, or their order, as aforesaid, shall be established
as such, until the same has been reported to the Town, at
some public meeting of the Inhabitants thereof, regularly
notified and warned, and by them approved and allowed,

And be it further enacted by the authority aforesaid, that courtof General
if the Selectmen shall unreasonably delay, or refuse to lay cause^uchpri-
out, or cause to be laid out, any such private way, as MdouufVe'ie'ct-
before described, being thereunto requested in writing, by men refu8e-
one or more of the Inhabitants, or Proprietors of land in
such Town, then the Court of General Sessions of the
Peace for the same County, at any session thereof, within
one year, if the request appear to them reasonable, may
cause the same private way to be laid out at the costs of

204 1786. — Chapter 67.

the persons applying, by a Committee of three disinter-
ested Freeholders, which Committee shall estimate the
damages occasioned thereby (if any there be) as well as
ascertain the place and course of the said private way.
The damages to be paid by the Town, if it be of general
benefit, otherwise by the individual or individuals for
whose use and benefit the way is laid out. And the Jus-
tices of the respective Courts of General Sessions of the
Peace, upon application to them made by any Party
aggrieved, at the continuance of any private way, may
order and direct a discontinuance thereof, after notifying
and hearing the Parties interested therein, if they shall
thereupon adjudge and determine such discontinuance
reasonable.
^ahsonab7ndeD' -And be it farther enacted by the authority aforesaid, that
lay to approve when anv Town shall unreasonably delay or refuse, to

or allow of any "in c x l -J «. l a

private way, &c. approve and allow ot any private way, laid out by the
grievedSmayaap- Selectmen thereof, or their order, and put the same on
ofyse88ioQ8?°ult record, any Person or Persons aggrieved by such delay or
refusal, may apply to the Court of General Sessions of the
Peace, for the same County, within twelve months after
such refusal or delay ; and the same Court, after hearing
the Town thereon, may accept and approve of the said
private way, as laid out by the Selectmen, and direct the
same to be recorded in the Town Book ; or they may order
the private way petitioned for, to be laid out, by a Com-
mittee of three disinterested Freeholders, to be by them
appointed for that purpose, which Committee shall be
under similar directions and obligations, as to locating and
estimating the damages occasioned thereby, as in this Act
is prescribed for a Committee of five, in locating or alter-
ing a County Highway,
when a high- And be it further enacted by the authority aforesaid, that

way or common J J t-» i i» rr\

road, from town when a new Highway, or common Road, from Town to
wanting, appii. Town, or place to place, shall be wanting, or where an
mad^t^fhe136 Highway or common Road already laid out, stated and
fions! °f Se8" established, may or can with greater conveniency be turned
or altered, upon application made to the Court of General
Sessions of the Peace, within the same County, and it
being determined by them to be of common convenience
or necessity to have such new way laid out, or old way
altered, the said Court are hereby authorized and empow-
ered, by warrant under the Seal thereof, to appoint a Com-
mittee of five disinterested sufficient Freeholders, in the

1786. — Chapter 67. 205

same County, to lay out such Highway or Road ; which
Committee shall give seasonable notice to all Persons
interested, of the time and place of their meeting ; and
they shall be under oath to perform the said service,
according to their best skill and judgment, with most con-
venience to the public, and least prejudice or damage to
private property. And they shall ascertain the place and
course of said Road, in the best way and manner they can ;
which having done, they or the major part of them shall
make return thereof, under their Hands and Seals, to the
next Court of General Sessions of the Peace to be held in
the same County, after the said service is performed ; to
the end the same may be accepted, allowed and recorded,
and afterwards known for a public Highway.

Provided always, that if any Person be damaged in his Proviso, in case

i iii. j ,, . lTT-i ,1 any person shall

property, by the laying out or altering such Highway, the be damaged in
Town or District where the same is, shall make such Per- property-
son or Persons reasonable satisfaction, according to the
estimation of the Committee or the major part of them,
who laid out the same ; and said Committee are impowered
and required, under oath, to estimate the same, and make
return thereof as aforesaid. And if any Person find himself
aggrieved by the doings of the said Committee, in locating
said way, or in estimating damages, he may apply to the
Court of General Sessions of the Peace, provided such
application be made to the said Court that shall be held in
the same County, next after the acceptance of such return ;
and said Court is hereby impowered to hear and finally
determine the same, by a Jury under oath, to be summoned
by the Sheriff or his Deputy for that purpose, if the Per-
son complaining desires the same, or by a new Committee,
if the Person complaining and the Agent for the Town or
District in which the way is laid out, can agree thereon ;
and if the Jury or Committee agreed upon as aforesaid,
who are to be under oath, shall not alter said way, or in-
crease the damages, the Person complaining shall be at all
the costs incurred on that occasion, to be taxed against
him by said Court, otherwise, such costs shall be paid by
the County, and the increase of damages, shall be paid by
the Town or District in which such way is located.

And be it further enacted by the authority aforesaid, that verdict of a jury
the verdict of such Jury, or the report of the Committee committee, with
agreed upon as aforesaid, being made under their hands damages1,0 may
and Seals to said Court, and by them accepted and re- befinaI-

206 1786. — Chapter 68.

corded, shall conclude the Person or Persons complaining,
with respect to the damages, and also finally fix and deter-
mine the place of such Road or Highway.
fh^daraYges^o And be * further enacted, that the Court of General
be paid out of Sessions of the Peace, mav order the payment of such

the treasury of 1 n i .

thetowu. sum or sums of money, as shall be assessed in damages,

to be paid by any Town or District, in consequence of
this Act, out of the Treasury thereof; and in default of
payment after a reasonable time, may levy the same by
warrant of distress, upon the personal property of the
Inhabitants, to the use and benefit of the Person or- Per-
sons to whom the damages may be awarded.

And be it further enacted by 'the authority aforesaid,
aIdfenbcUe8ldshan that where Buildings or Fences have been erected, front-
be considered as 'mg upon, or against any Training-Field, Burying: Place,

boundaries, and o 1 ' o «/ o > ' «/ o

what as nui- Common Landing Place, Highway, Private Way, Street,
Lane, or Alley, in any Town, District, Parish or Pre-
cinct in this Government, where from length of Time, or
otherwise, the breadth or quantity thereof is not known,
or can be made certain by the records, or by any other
boundaries, and such buildings or fences have been up-
held, maintained and continued for more than forty years ;
such Fences or Buildings shall be deemed and taken to be
the true antient boundaries thereof; but no length of time
(under threescore years) shall justify the continuance of
a Fence, or Building, on any Town, or private way, or on
any public Highway, a Common Training Field, Burying
Place, Landing Place, or other piece of land appropriated
for the general use, ease or convenience of the Community
at large, or for the Inhabitants, of any particular County,
Town, District, Parish or Precinct ; But the same may be
removed, by order of the Court of General Sessions of
the Peace, or the Supreme Judicial Court, as a Nusance,
upon the presentment of a Grand Jury.

February 27, 1787.

1786. — Chapter 68.

[January Session, ch. 16.]
CllClX). 68 AN ACT F0R THE DUE REGULATION OF LICENCED HOUSES.

Be it enacted by the Senate, and House of Representa-
tives, in General Court assembled, and by the authority
inegrtonbePinen-um* °f ^ie same, That no person whosoever, may presume to

1780. — Chapter 68. 207

be a common Victualler, innholder, taverner, or seller of er8ld&cS' without
wine, beer, ale, cyder, brandy, rum, or any strong liquors, bein« licenced:
by retail, or in a less quantity than twenty-eight gallons,
and that delivered and carried away all at one time, ex-
cept such person be first duly licenced, according to law,
by the Justices of the peace of the same County, where
such person lives, in General Sessions assembled, accord-
ing to the regulations hereafter expressed ; on pain of
forfeiting the sum of twenty pounds; and if any person Penalty.
shall at any time sell any spirituous liquors, or any mixed
liquors, part of which is spirituous, without licence there-
for duly had and obtained, according to law, he shall for-
feit and pay for each offence, a sum not exceeding six
pounds, nor less than forty shillings, which fine or for-
feiture, as also the fine or forfeiture afore-mentioned, shall
enure, one half thereof to the informer, the other half to
the County where such offence is committed.

Be it further enacted by the authority aforesaid, that Licences shaii

■ * be renewed

all licences shall be yearly renewed ; and that the Clerk yearly.
of the peace, in the respective Counties, from time to
time, annually, before the granting licences, shall trans-
mit to the Selectmen of every Town and District, within
the County, a list of the names of the persons in such
Town or District, that were licenced the year before ; and
that licences shall not be renewed to any person borne on
such list, unless the Selectmen of such Town or District, ^]eaTl\stlo the
shall have considered the same and made return thereof £leik of. the
to the Clerk of the Peace of the County to which they certificate.
respectively belong, certifying thereon as follows, viz.

WE the subscribers, Selectmen of the town (or district) Form-
of do hereby certify, that we have maturely

considered the returned list of such persons as were
licenced the year past, and to the best of our knowl-
edge, the following persons named therein, have
maintained good rule and order in their respective
houses or shops, and have conformed to the laws and
regulations respecting licenced persons, and are firmly
attached to the Constitution and laws of this Com-
monwealth.

And no person shall have his licence renewed, unless
his name be inserted in such certificate, or in another of
the same tenor.

And no person, after the first day of June, one thousand Persons licenced

^ shall be sworn.

208

1786. — Chapter 68.

Form of the
oath.

By whom ad-
ministered, &c.

No person shall
be originally li-
cenced, unless a
certificate is pro-
duced from the
Selectmen of the
town.

Form.

Duty of Select-
men.

seven hundred and eighty seven, shall be licenced to be a
victualler, innholder, taverner or retailer of spirituous
liquors, until he has taken an oath in the following words.

I A. B. do swear, that I will bear true faith and alle-
giance to the CornmonwTealth of Massachusetts, and
that I will, to the utmost of my power, defend the
Constitution and Government thereof, against traiter-
ous conspiracies and all hostile and violent attempts
whatsoever.

which oath, may be administered by the Clerk of the
Court of General Sessions of the Peace, or by any Justice
of the Peace, or any Town or district Clerk, in such Towns
or Districts wherein no Justice of the Peace dwells. And
the Justice or Clerk who may administer such oath, shall
make certificate thereof, to the Court of General Sessions
of the Peace ; which certificate shall be filed by the Clerk
of the said Court, among the records of the same Court ;
and a certificate that such oath has been taken, shall be
made and filed as aforesaid, in cases where the Clerk of
the said Court shall administer such Oath ; and no certifi-
cate as aforesaid, shall be required, afterwards, upon a
renewal of such person's licence. And no person shall be
firstly or originally licenced, to be a victualler, innholder,
taverner, or seller of Wine, beer, ale, cyder, brandy, rum
or other strong liquors, by retail, in the town or district
where he lives, other than such as produce a certificate,
from the Selectmen of the same town or district, recom-
mending them as follows, viz.

WE the subscribers, Selectmen of the town (or district)
of do approve of (inserting the name of

the person and the employment for which he or she
is approbated) in the said towrn (or district) for the
year ensuing ; and We do hereby recommend the
said , as a person of sober life and conversa-

tion, suitably qualified and provided for the exercise
of such an employment, and firmly attached to the
Constitution and laws of this Commonwealth.

and it shall be the duty of the Selectmen in the several
towns, annually, to certify to the Court of the General
Sessions of the Peace, at the beginning of their term for
granting licences, what number of innholders, and re-
tailers in their respective towns, they judge to be neces-

1786. — Chapter 68. 209

sary for the public good. And that no licence be renewed, ^o licence shaii

be renewed to

to any person who shall have been before licenced, against persons who
whom any presentmeat, complaint, or information shall 8an presented-
be made for misrule or disorder in such House, or for not
being suitably provided as the Law in such case requires,
to entertain strangers and travellers at bed and board,
before the matter complained of and informed against, be
enquired into and judged of. Provided such present- Proviso.
nient or complaint be prosecuted to effect, at or before
the same Court for granting such licences ; unless the
prosecution be delayed at the motion of the person apply-
ing for the Licence.

Be it further Enacted by the authority aforesaid, that innholders &
all innholders, taverners and common victuallers, shall at araiuime^be
all times be furnished with suitable provisions and lodg- raitab^provi?
ing, for the refreshment and entertainment of strangers 0i°beln\c'denpain
and travellers, pasturing and stable room, hay and prov- PriTed of their
ender (saving that in populous Seaport towns, stable
room, hay and provender only are required) for their
horses and cattle, on pain of being deprived of their licence.
And every licenced victualler, innholder or taverner,
shall at all times have a board or sign affixed to his or her
house, or in some conspicuous place near the same, with
his or her name at large thereon, and the particular em-
ployment for which he or she is licenced : And if any
victualler, innholder or taverner, enjoined by law to be
suitably provided to receive and entertain strangers,
travellers or others, as occasion may require, shall be con-
victed of refusing to make suitable provision when de-
sired, for the receiving of strangers, travellers and their
horses and Cattle, or for any public entertainment, such
person, upon being convicted thereof before the Justices
of the General Sessions of the Peace, of the County to
which such person belongs, shall by the said Justices be
deprived of his or her licence ; and the said Justices shall
be and they are hereby empowered and directed, to order
the Sheriff of the same county, or his Deputy Sheriff, to
cause the sign of such convicted person, to be taken down.

And be it farther Enacted by the authority aforesaid,
That no person except those who are licenced for common Penalty if any
victuallers, taverners, or innholders, may presume to sell uvernew^HnV
any strong liquors, as in this act mentioned, nor any mixed p^suSe^eii
liquors part of which are spirituous, to be drank in their JS^ed'a11* or
houses, or any of the parts or dependencies of the same ;

210

1786. — Chapter 68.

Penalty for
keeping imple-
ments for gam-
ing.

Penalty for suf-
fering danciQg
or revelling.

Forfeiture for
suffering per-
sons to drink to
excess.

Penalty for a
second breach
of this act.

and that if any person licenced to sell wine, beer, ale,
cyder, brandy, rum or any strong liquors by retail only,
shall be convicted of entertaining or suffering any person
or persons to drink such strong liquors or mixed liquors
in their shops, houses or parts or dependencies of such
shops or houses, he shall incur and suffer the like penalties
and forfeitures as are inflicted by this law, upon persons
selling without licence, to be recovered and appropriated
in the same manner.

And be it Enacted by the authority aforesaid, that no
Taverner, inn holder or victualler, shall have or keep in or
about their houses, yards, gardens or dependencies, any
dice, cards, bowls, billiards, quoits or any other imple-
ments used in gaming ; nor shall suffer any person or
persons resorting unto any of their houses, to use or exer-
cise any of the said games, or any other unlawful game or
sport, within their said Houses, or any of the dependen-
cies as aforesaid, or places to them belonging, on pain
of forfeiting the sum of forty shillings, for every such
offence, upon due conviction thereof, to be disposed of as
is herein directed ; and every person convicted of playing
as aforesaid, in any such house or dependencies thereof,
shall forfeit the sum of twenty shillings, to be disposed
of as aforesaid.

And be it farther Enacted by the authority aforesaid,
That no Taverner, innkeeper or victualler, shall suffer
any dancing, or revelling in his house, or the dependen-
cies thereof, as aforesaid, on penalty of thirty shillings,
to be paid by the Master or Keeper of the said House,
who shall suffer the same, and the penalty of six shillings
to be paid by each person offending, in any of the said
particulars, to be disposed of as aforesaid.

And be it further enacted by the authority aforesaid,
that no Taverner, innholder or victualler, shall suffer any
person to drink to drunkenness or excess in his or her
house, or sutler any minor, (travellers excepted) or ser-
vant, to sit drinking there, or to have any strong drink
there, without special allowance of their respective par-
ents, guardians or Masters, on pain of forfeiting the fine
of twenty shillings, for every offence of that kind, to be
appropriated as aforesaid.

And be it further Enacted by the authority aforesaid,
that if any person-after being duly convicted of any breach
of this law, shall again break any part of this law, and

1780. — Chapter 68. 211

thereof he duly convicted, he shall, over and above suffer-
ing the penalty set to such breach of this law, recognize
for his good behavour in the sum of twenty pounds , for one
year, with two sufficient sureties, over and above his recog-
nizance for good order, at taking out his licence. And if
any person convicted of a second breach of this Law, as
aforesaid, shall presume again to break any part of this
Law, over and above suffering the penalty of this law for
such breach of it, he or she shall forfeit his or her licence,
not to be renewed again for the space of three years, next
following,

And be it farther enacted by the authority aforesaid,
that if any person bein^ duly convicted of any breach of Punishment, if

■ • i liii li in i i i • c persons con-

this law, shall be unable or shall neglect to pay and satisty victed of a
the fine imposed, together with the costs of prosecution, act,ashan beUS
and likewise give bond for his good behaviour, if it be on neglect to" pay "
the second conviction, within twenty-four hours next after the fine imposed.
sentence declared in that respect, it shall and may be law-
ful for the Court, before whom such conviction may be,
to order such offender to be openly whipt not exceeding
fifteen stripes, for one offence, nor less than ten, and to
restrain the offender in prison until the said fine and
charges are paid and bond given as aforesaid, or the
order for corporal punishment be executed.

And be it further Enacted by the Authority aforesaid,
that before any person shall receive a licence to be an Persons u.

, , , J L • , ,, , ., c ■ •. cenced, shall

mnholder, taverner, victualler or retailer ot spirituous become bound to
liquors, every such person shall become bound by recog- Weaithmmon
nizance to the Commonwealth, in the sum of twenty
pounds, as principal, with two sureties in ten pounds
each, before one or more Justices of the General Sessions
of the Peace, on condition following, viz.

The condition of this recognizance is such, that whereas Form of the re-
the above bounden A. B. is admitted and allowed
by the Justices of the General Sessions of the Peace,
to keep a tavern, inn, or victualling-house, and to
sell wine, beer, ale, cyder, brandy, rum, and mixed
liquors and other strong liquors by retail, for the
space of one whole year next ensuing, and no longer,
in the now dwelling House of the said A. B. and no
other ; if therefore, the said A. B. during the time
aforesaid, shall keep and maintain good order and
rule, and shall suffer no disorders, nor unlawful
games to be used in his said House, or in any of the

212 1786. — Chapter 68.

dependencies thereof, and shall not break any of the
laws for the regulation of such Houses, then this
recognizance to be void ; otherwise, to remain in full
force and virtue.
Personsiicenced ^nd before any person shall receive licence to be a

to be retailers of •• •

strong liquors, retailer ot strong liquors, to be spent out or his house,
bound eby"recog- and not otherwise, such person shall become bound by
recognizance, as aforesaid, on condition following, viz.

Form. The condition of this recognizance is such, that whereas

the above bounden A. B. is licenced and allowed by
the Justices of the Court of General Sessions of the
Peace, to retail strong liquors, to be spent out of his
now dwelling house, or shop, for the space of one
year next ensuing, and no longer, and not otherwise ;
if therefore, the said A. B. shall not break the laws,
made for the regulation of such retailers, and shall
do and observe the directions of the law, relating to
such licences, then this present recognizance to be
void, otherwise, to remain in full force and virtue.

And be it further enacted by the authority aforesaid,
upon default, a that upon default being made, upon any such recogni-

scire facias shall rt • /• • in- 1 • i i

issue. zance, a /Scire facias shall issue, and judgment and execu-

tion be had in the usual form, and that no recognizance
for the keeping the laws respecting the above mentioned
licences, shall be put in suit, for any breach thereof made,
after the expiration of two years from the time of taking
such recognizance.

Persons H- And be it further enacted, that every person to whom

cereed, shall be- ,. i 11 1 i 1 c .i-t • •

come bound also any licence shall be granted, before the receiving or ex-
weaittiftopay11" ercising the same, over and above the recognizance re-
excise duties, quired, for the due observation of the Laws, and keeping
good rule and order as aforesaid, shall also become bound
to the Commonwealth, in a distinct recognizance, with
sufficient sureties, in manner as aforesaid, on condition,
that the person so licenced shall duly and truly pay the
duties of excise, according to the regulations that are, or
during the time of such person's licence, may be estab-
lished by Law.

And be it further enacted by the authority aforesaid,
Time for grant- that the time of granting licences to Innholders and Re-
tailers as aforesaid, shall be at the first General Sessions
of the Peace, that shall be held in course, within the
several Counties, on or next after the last Tuesday of

1786. — Chapter 68. 213

June, annually ; unless upon application made to the
General Sessions of the Peace, at any of the terms stated
by Law for holding said Court, and on such day and time
of the sitting of such Court, as the Justices of the same
are wont to give their more general attendance, for licence
to keep an Inn, Tavern, a House of public Entertainment,
or to retail strong liquors, it shall appear to the same
Court, that the person applying was unavoidably pre-
vented from making application at the said first General
Sessions of the Peace, or that the necessity of such licence
had taken place since that time ; and in either case, that
the public good makes it necessary that the same should
be granted ; in which case the said Justices are empowered
to grant the same, as though it was at the proper term for
granting licences, the person applying for such licence
paying therefor, for the use of the County, six shillings,
over and above the usual fees and duties.

And be it further enacted, that when it shall so happen, if any licenced
that any licenced Innholder or Retailer, shall die before the taSer^faii'die!"
year is expired for which licence shall have been granted, ^licenced house
and the Widow of the deceased, if such there be, or chil- before the year

n . ' . is expired, Jus-

dren or other Representative, shall desire to exercise said ucesoftheCourt

! , it j tt ,1 -, <• of Sessions em-

employment, in such licenced House, the remainder of powered, 6cc.
the year ; and where any licenced Innholder or Retailer,
shall remove from a licenced House, and the purchaser or
occupier of such House, shall petition to be licenced, to
be an Innholder or Retailer in the same House for the re-
mainder of the year, in every such case, it shall be lawful,
and the Justices of the Court of General Sessions of the
Peace, are hereby empowered, at any of the terms ap-
pointed by law for holding the same in such County, and
any two Justices of the Peace, quorum unus, are also
empowered to grant licences to such person or petitioner
applying therefor, the remainder of the year. Provided
such person be suitably qualified therefor, and recom-
mended in manner as the Law directs.

And the better to prevent intemperance, and nurseries
of vice and debauchery :

Be it further enacted, that the Justices of the General Justices directed
Sessions of the Peace, in each County, be, and they are m°ore0per!!ont
hereby directed, not to licence more persons in any Town sar^fo?tbTpub-
or District to keep Houses for common entertainment, or lic£°od-
to retail spirituous liquors as aforesaid, than the Justices
shall judge necessary for the receiving and refreshment

214

1786. — Chapter 68.

Selectmen shall
cause the names
of common
drunkards, &c.
to be posted up
in the houses of
taverners, &
other licenced
houses.

Selectmen shall
forbid licenced
persons to sell
spirituous li-
quors to exces-
sive drinkers,
idlers and mis-
spendersoftime.

Penally for sell-
ing to such per-
sons.

of travellers and strangers, and to serve the public occa-
sions of such Town or District, or are necessary for the
public good : and all public Houses shall be on or near the
high streets, roads and places of great resort.

And be it farther enacted by the authority aforesaid,
that the Selectmen in each Town shall cause to be posted
up in the Houses and Shops of all Taverners, Innholders
and Retailers, as aforesaid, within such Towns or Districts,
a list of the names of all persons reputed common Drunk-
ards, or common Tiplers, or common Gamesters, mis-
pending their time and estate in such Houses. And every
keeper of such House or Shop, after notice given him
as aforesaid, that shall be convicted before one or more
Justices of the Peace of entertaining or suffering any of
the persons in such list, to drink or tipple or game, in his
or her House, or any of the dependencies thereof, or of
selling them spirituous liquor, as aforesaid, shall forfeit
and pay the sum of thirty shillings.

And be it further enacted by the authority aforesaid y
that whenever any person shall by idleness or excessive
drinking of spirituous liquors, so mispend, waste, or lessen
his or her estate, as thereby, either to expose himself or
herself, his or her family to want or indigent circumstances,
or the Town to which he or she belongs, to a charge or
expence for the maintenance or support of him or her, or
his or her family, or shall so indulge himself or herself in
the use of spirituous liquors, as thereby greatly to injure
his or her health, or endanger the loss thereof, such Select-
men shall in writing under their hands, forbid all licenced
persons in their respective Towns and Districts, to sell to
any of the aforedescribed mispenders of time and estate,
any spirituous or strong liquors, in this Act mentioned,
for the space of one year, and shall in like manner forbid
the licenced persons of any other Town or District to
which such mispender may resort for the same ; and if
any of the persons contained in the said prohibition, shall
not, in the opinion of the said Selectmen, or the Major
part of them, have reformed during the said year ; in such
case, the Selectmen of such Town or District shall renew
the prohibition in manner as aforesaid ; and if any licenced
Victualler, Taverner, Innholder, or Retailer of Spirituous
or strong liquors, shall during any such prohibition, sell
to any person contained therein, any spirituous liquors,
in this Act mentioned, he shall forfeit and pay for each

1786. — Chapter Q8. 215

offence, the sum of twenty shillings, to the use of the
Town or District where such niispender lives, to be sued
for, and recovered by the Treasurer of such Town or
District.

And whereas the giving credit to Town Inhabitants and
others, living near Houses of public entertainment, very
much tends to the destructive expence of time and money
of many persons :

Be it therefore enacted, That if any Innholder, Retailer, innhoiders, &c.
Ale-House Keeper, or common Victualler, trust or give ^givewedu**
credit to any person inhabiting in the same Town, where {os.X^i \ose
they are trusted, or to any person whose place of abode [J^g™880
is within five miles distance, for victuals, or drink, for
more than ten shillings, such Innholder, Retailer, Ale
House Keeper, or common Victualler shall loose all such
sums so trusted, and all actions hereafter brought for
such debt or debts shall be utterly excluded and barred.
And the defendant in such action, may plead the matter
specially, or under the general issue give the matter in
evidence, any Law, usage or custom to the contrary not-
withstanding.

And for the better inspecting of licenced Houses, and
the discovery of such persons as shall presume to sell
without licence:

Be it enacted by the authority aforesaid, that the Select- Tythingmen to

im -r-v' • 1 i i be chosen an-

men in each Town or District, respectively, shall take due miaiiy.
care that Tythingmen be annually chosen, at the General
meeting for the choice of Town Officers, as is by Law
provided ; and upon any vacancy, to fill up the number at
any other Town meeting ; which Tythingmen shall have
power and whose duty it shall be, carefully to inspect all Tneirduty-
licenced Houses, and to inform of all disorders or misde-
meanours which they shall discover or know to be com-
mitted in them, or any of them, to a Justice of the Peace,
or to the General Sessions, within the same County ; as
also of all such as shall sell spirituous liquors as aforesaid,
without licence : and in like manner to inform of all idle
and disorderly persons, profane swearers or Cursers,
Sabbath breakers, and the like Offenders, to the intent,
they may be punished : every of which Tythingmen, shall
be sworn as other Town Officers are, to the faithful dis-
charge of his Office, and shall be intitled to such part of
the penalties enjoined by this Act, as by LawT, accrues to
the informer.

216 1786. — Chapter 69.

ridlsTowPdu- And be it further enacted by the authority aforesaid, that
posed of. a]i fines an(j penalties arising for any of the Offences afore-

said, not otherwise appropriated, shall be disposed of, one
half thereof to the use of the County where the offence is
committed, and the other moiety to him or them who shall
inform and prosecute for the same ; except where the
offence is prosecuted by a Grand Jury, before the Supreme
Judicial Court, or Court of General Sessions of the Peace ;
in which case the whole forfeiture to be to the use of the
County.
justices of the And every Justice of the Peace is hereby impowered to

Peace empow- . . ^ . _ i • n

eredtohear& near and determine any or the Offences abovementioned,
cesrwhei^the"" committed within his County, where the penalty doth not
exceaedfturh uot exceed four pounds, and not otherwise : and every Justice
pounds. 0f tjie peace before whom such conviction shall be had, and

where the party convicted doth not appeal, shall make a
certificate of the same ; and the Justice before whom such
conviction is, shall cause the same to be fairly written and
shall return the same to the then next General Sessions of
the Peace for the County, where the said Offence is com-
mitted, there to be read over in open Court, and tiled
among the records of the same Court, to the end among
other things, that it may be known, that the breakers of
this Law are duly prosecuted. February 28, 1787.

1786. — Chapter 69.

[January Session, ch. 19.]

Char> 69 AN ACT F0R incorp°ra-ting certain persons for the

V' PURPOSE OF BUILDING A BRIDGE, "WHERE PENNY FERRY

HAS BEEN USUALLY KEPT, AND FOR SUPPORTING THE
SAME.

Whereas the erecting a bridge over the river, where
penny-ferry has been usually kept, will be of great public
utility, and Thomas Russell, esqr. and others, hare peti-
tioned 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
the purpose of erecting and compleating the same:

Be it therefore enacted by the Senate and House of

Representatives, in General Court assembled and by the

cor0pPorrated! '"' authority of the same, that Thomas Russell, Esqr. Richard

Devens, Esqr. Samuel Swan, junr. Jonathan Simpson,

junr. and William Tudor, Esqr. so long as they shall

1786. — Chapter 69. 217

continue to be Proprietors in the said fund, together with
all those who are or shall hereafter become proprietors to
the said stock or fund, shall be a corporation and body
politic, under the name of the proprietors of Maiden
Bridge ; and by that name may sue and prosecute, and
be sued and prosecuted to final judgment and execution,
and do and sutfer all matters and things which bodies
politic may or ought to do and to sutler ; 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 and alter at pleasure.

And be it farther enacted by the authority aforesaid,
That the said Thomas Russell. Esqr. Richard Devens, proprietors may
Esqr. Samuel Swan, junier. Jonathan Simpson, junier. warn a meeting-
and William Tudor, Esqr. or any three of them, ma}^ by
advertisement in any two *of the News papers, warn or
call a meeting of the said proprietors, to be holden at
any suitable time and place, 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 single share in all cases) shall choose a
clerk, who shall be duly sworn to the faithful discharge
of his office ; and also shall agree on a method for calling
future meetings ; and at the same or any subsequent meet- roiLeandbregu.
ing, may make and establish any rules and regulations, lations, &c
that shall be necessary or convenient for regulating the
said corporation, for effecting, compleating and executing
the purposes aforesaid, or for collecting the toll hereafter
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 are not repugnant to Proviso.
the Laws or Constitution of this Commonwealth ; and the
said proprietors may also chuse and appoint any other
officer or officers of the corporation, that they may deem
necessary ; and all representations at the said meeting
shall be proved in writing signed by the person making
the same, by special appointment, which shall be filed
with or recorded by the Clerk ; and this Act, and all
rules, regulations and votes of said corporation, shall be
fairly and truly recorded by said Clerk, in a book or books
for that purpose provided and kept.

And be it farther enacted by the authority aforesaid,

218

1786. — Chapter 69.

Rates of toll.

wtab?i8hed.d & that for the purpose of reimbursing the said proprietors,
the money by them expended or to be expended, in build-
ing and supporting the said Bridge, a toll be, and is hereby
granted and established for the sole benefit of the said
proprietors, according to the rates following : For each
foot passenger, one penny and one third of a penny: For
each person and horse, four pence : For each horse and cart,
six pence: For each team drawn by more than one beast,
nine pence: For each horse and chaise, nine pence: For
each coach, chariot, phaeton, and curricle, eighteen pence:
For each man and wheel barrow, two pence two thirds of a
penny : For each horse and neat cattle, exclusive of those
in teams or rode on, two pence : For each sheep and swine,
two thirds of a penny, and toll on Lord's Days shall be
double the above rates ; and to each team one person and
no more shall be allowed as a driver, to pass free from
toll ; and at the time when the tollgatherer shall not attend
his duty, the gate or gates shall be left open ; and the
said toll shall commence on the day of the first opening
of said bridge, for passengers, and shall continue forever;
Provided, that when fifty years from the first opening said
bridge, are expired, the General Court from thence for-
ward, may regulate the rate of toll ; and the same shall be
collected in such manner 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 thirty two
feet wide, of good and suitable materials, with a good
draw or passage way, thirty feet wide, through which for
vessels to pass both by day and by night, and at a suitable
place, with well constructed, substantial piers on each
side, and shall be well covered with plank or timber on
the top, suitable for such a bridge, and the same shall be
built two feet higher, above high water mark, than Charles
River Bridge now is, and shall be kept in good and safe
passable repair forever.

And be it further Enacted by the authority aforesaid,

sign or board that the said Proprietors shall at the several places where

whh theerate8eof the toll shall be received, erect and constantly expose to

written. fauly open view, a sign or board, with the rates of toll of all

the tollable articles, fairly and legibly written thereon, in

large or capital letters; and the draw shall be lifted for

all vessels, without toll or pay, except for boats passing

for pleasure.

Bridge shall be
well built, &c.

1786. — Chapter 70. 219

And be it further enacted by the authority aforesaid,
that if the said proprietors shall neglect or refuse for the if the propm-
space of four years, after the passing of this Act, to build buUd,eflrfour
the said bridge, then this Act shall be void, and of none Kbe void*
effect. March 1, 1787.

1786. — Chapter 70.

[January Session, ch. 20.]

AN ACT FOR GRANTING FURTHER TIME TO THE COMMISSION- Qhaj) 70
ERS, APPOINTED BY CONGRESS, FOR COMPLEATING THE * '

RUNNING OF THE LINE OF JURISDICTION, BETWEEN THE
COMMONWEALTH OF MASSACHUSETTS, AND THE STATE OF
NEW YORK, ON THE EASTERLY PART OF THE STATE OF
NEW YORK.

Whereas by virtue of an act, passed the twenty ninth Preamble.
day of June, ^4. D. One thousand seven hundred and
eighty five, entitled " An Act to authorize the United States
in Congress assembled, to appoint Commissioners to corn-
pleat 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," the said
United States in Congress assembled, did appoint Com-
missioners, "to run out, survey, mark and ascertain the
said Line of Jurisdiction ," who have not yet compleated the
business of their appointment :

And whereas the time limited by the Act aforesaid,for
the Commissioners to compleat the said survey, and to
make a return thereof into the Secretary's office of the
United States, will expire on the seventh day of March,
1787, and the business of their Commission cannot be com-
pleated within that time:

Therefore Be it enacted by the Senate and House of
Representatives , in General Court assembled, and by the
authority of the same, That the further term of one year Further term ai-
from the seventh day of March, A. D. One thousand iX^S'
seven hundred and eighty seven, be, and hereby is of^uHsdkUon06
allowed to the said Commissioners, to compleat the run-
ning the said Line of Jurisdiction between the Common-
wealth of Massachusetts, and the State of New York, on
the easterly part of the State of New York: And the said
Commissioners shall, at or before the expiration of the
said term, compleat the business of their Commission,
and make a true and exact return thereof into the Secre-

220 1786. — Chapter 71.

tary's office of the United States, to be there filed, as a
perpetual evidence of the said Jurisdiction line.

March 1, 1787.

1786. — Chapter 71.

[January Session, ch. 21.]

CkaP. 71 AN ACT F0R DIVIDING THE COUNTY OF HAMPSHIRE INTO
* ' THREE DISTRICTS, FOR THE PURPOSE OF CHOOSING REGIS-

TERS OF DEEDS, AND FOR DETERMINING THE PLACES AT
WHICH COURTS OF PROBATE SHALL IN FUTURE BE HOLDEN
IN THE SAID COUNTY.

Preamble. Whereas a great part of the inhabitants of the County

of Hampshire, by reason of their distance from the place,
where the Office of Register of Deeds by the laws now in
being., is directed to be kept, are subjected to great incon-
venience in procuring their Conveyances of real estate to be
recorded: for remedy whereof in future :

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 and Districts, of Northamp-
ton, Hadley, Hatfield, Southadley , Southampton, Amherst,
Granby, Belchertown, Ware, Pelham, Greenwich, Mid-
dlefield, Williamsburgh, Chesterfield, Worthington, Cum-
ington, Goshen, Plainfield, Chester, Norwich, Westhamp-
lon and Easthampton, and such gores or tracts of laud
unincorporated, as may lie between any of the said Towns,
be and they hereby are constituted a District for the Reg-
istry of Deeds ; and the inhabitants of the said Towns
and Districts, are hereby authorized to choose a Register
of Deeds, for the said District, in the manner provided
by law ; and the Register so chosen shall keep his Office
Eieazer Porter, within the said Town of Northampton; and Eleazer Por-
tohis8u°e his war! ter, Esquire, of said Hadley, is hereby authorized and
ammingin'the empowered to issue his Warrants, directed to the Select-
forthecholce'of men °f tne several Towns and Districts aforesaid, order-
a register of 'm„ them forthwith to convene the inhabitants of their

■ L66G8 O

respective Towns or Districts, qualified to vote for Rep-
resentatives, that they may proceed to the choice of some
meet person, qualified by law, for the Office of Register
of Deeds, and ordering the Selectmen to seal up and
transmit a transcript of the record of the number of votes,
and person or persons voted for, in their respective towns
or Districts, together with the Warrants, to the Court of

1786. — Chapter 71. 221

General Sessions of the Peace next to be holden at Spring-
field, within and for the County of Hampshire, on the
third Tuesday of May next, to be opened and compared
with the like Returns from the other Towns in such Dis-
trict ; and the person having the majority of votes, after
being sworn, and giving bond as by law directed, shall
be the Register of Deeds in the said District, and shall
continue in the said Office, until the last day of March,
One thousand seven hundred and ninety one, and until
another is chosen.

Be it further Unacted, that the Towns, Plantations and Towns&pianta-
lands in the said County of Hampshire, which lie north thosebeforeenu.
of the Towns above enumerated, be and they hereby are t^ted^s'eperate
constituted a seperate District for the Registry of Deeds ; rl^trVof the
and the inhabitants of the said towns and Plantations are deed8-
hereby authorized to choose a Register of Deeds for the
said District, in the manner provided by law ; and the
Register so chosen shall keep his Office in the Town of
Deerfield, within the said District: and David Smead, navid Smead,
esqr. of Greenfield, within the said District, is hereby meeting.™
authorized to issue his Warrant to the Selectmen of the
several Towns, and to some principal inhabitant of each of
the Plantations in said District, in manner, and returnable
as aforesaid ; and the votes being opened and compared in
the said Court of General Sessions of the Peace, the per-
son having the majority of votes, after being sworn and
giving bond as aforesaid, shall continue in the said Office,
until the last day of March above mentioned, and until
another is chosen ; and if it shall appear that no person
has a majority of votes in the said Districts, or either of
them, the same proceedings shall be had, as are directed
by law in other cases of vacancy, in the Office of Register
of Deeds.

And be it further Enacted, that the persons chosen as
aforesaid shall be subject to the rules and disqualifications
to which Registers of Deeds, for the several Counties, are
subject ; and from and after the first day of June next,
shall lie fully authorized and empowered to Register and
record all Deeds of conveyance, of any lands or other real
estate lying within the Districts for which they are re-
spectively chosen ; and the record of Deeds as aforesaid
shall.be valid to all intents and purposes whatever; and
the record of any Deeds of conveyance of land or other
real Estate, lying within the said Districts, which after the

222 1786. — Chapter 72.

said first day of June shall be made by any other than the
persons to be chosen as aforesaid, by the said Districts
respectively, shall be void and of no effect ; and the Regis-
ters to be chosen as aforesaid, shall be intitled to the same
fees iD the Execution of their respective Offices, as Regis-
ters of Deeds in the several Counties are intitled to.
anTpiantauonS And be il furfher enacted, That the Towns, Districts,
Bouth of those Plantations and lands in the said County of Hampshire,
ated, shaii be* which lye south of the Towns above enumerated, shall
seperatecistnct. |)e & seperate District for the Registry of Deeds, in which
District the Office of Register shall be kept in the Town
of Springfield ; and nothing in this Act shall be taken in
any manner to affect the choice of the present Register of
Deeds for the said County, so far as it respects the Dis-
trict last aforesaid.

And whereas it would be convenient for the inhabitants
of the said County of Hampshire, if the Courts of Probate
to be holden therein, should be holden in divers parts of the
County :
^coims of'd* Be it therefore Enacted by the authority aforesaid, that
Probate. the Judge of Probate for the County of Hampshire, be,

and hereby is directed, from and after the first day of June
next, to hold his Courts of Probate within the said County,
at the following places, to wit, three in the Town of Spring-
field, three in the Town of JVorthampton, three in the
Town of Hadley, and three in the Town of Deerfield,
annually, any usage or custom to the contrary notwith-
standing. March 1, 1787.

Chap. 72

1786. — Chapter 72.

[January Session, ch. 22.]

AN ACT TO EMPOWER THE TOWN OF LEBAXOX, IN THE
COUNTY OF YORK, TO ASSESS AND COLLECT A TAX UPON
THE LANDS LYING WITHIN THE SAME, FOR MINISTERIAL
CHARGES, THAT HAVE ARISEN SINCE JUNE THE TWENTY
SIXTH, ONE THOUSAND SEVEN HUNDRED AND EIGHTY
TWO, AND SUCH AS MAY HEREAFTER ARISE.

Preamble. Whereas the Proprietors of the common and undivided

lands in the Plantation of Lebanon, in the County of 'York,
in the year one thousand seven liundred and sixty five, and
long before the same teas incorporated into a Town, con-
tracted with Mr. Isaac Hasey, in consideration of his set-
tling in the Work of the Ministry in said Place, to pay

1786. — Chapter 72. 223

him annually, eighty six pounds, thirteen shillings and
four pence, for the first eight years; and seventy three
pounds, six shillings and eight pence annually, after that
time, during his Ministry in said Township: Which con-
tact on the part of said Hasey, has hitherto been fully
complied, with; and the said Hasey, yet remains the settled
ordained Minister of the Church and Congregation in said
Toivn; and said Proprietors have paid and satisfied the
annual sums agreed upon with said Hasey, until the
twenty sixth day of June, one thousand seven hundred and
eighty two; since which time the annual /Salary due to said
Hasey, for his Ministerial Labours in said Town, is in
arrear and unpaid; and near or quite all the Lands are
divided and held in severalty, whereby the Proprietors of
the said common and undivided Lands, find themselves
utterly unable (agreeably to the Laws of the Government as
they now stand) to comply with their said Agreement by
assessments thereon :

And }V7iereas the Inliabitants of the said Town q/" Leb-
anon, have, together with a number of the non-resident
Proprietors of Lands in said Town, petitioned this Court,
that they the said Inhabitants, in their corporate capacity,
may be authorized to assess the Lands in said Town, im-
proved and not improved, for the purpose of raising a sum
of Money sufficient to pay the said Isaac Hasey, the Salary
that is now due to him, for past services: and also to assess
such a sum annually on the said Lands, as will pay the
said Hasey, the aforementioned sum of seventy three
pounds, six shillings and eight pence, during his Ministry
in said Town, according to the original Agreement tviili
the said Proprietors:

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 it shall and may be lawful for the As- Assessors au-
sessors, or the major part of them, for the Town of Lebanon, SSjuMifa?"
in the County of York, for the current year, and they are ^"'KSSy
hereby authorized and impowered, and directed, to assess due-
upon the Lands, and upon eveiy acre thereof, within
the bounds and Jurisdiction of the said Town, improved
or not improved, equally (excepting such landd as are b}'
Law exempted from Taxation for the support of Govern-
ment) its rateable proportion of three hundred and thirty
pounds, being the Salary due to the said Hasey, to the
twenty sixth day of December, one thousand seven hun-

224

1786. — Chapter 72.

— directed to
assess taxes for
such salary, an-
nually.

Incasetheowner
of any land shall
not pay the tax
assessed, within
30 days after no-
tice given, the
Collector may
sell so much as
■will discharge
the same.

dred and eighty six, together with such sum as shall be
necessary for defraying the expence of assessing and col-
lecting the same, not exceeding four per cent; and the
same assessment to deliver to the Constable or Collector
of the said Town, or such one as shall by them the said
Assessors, or the Inhabitants of said Town, be employed
or appointed therefor, with Warrants therefor to collect
and pay the same into the Treasury of the said Town of
Lebanon, one moiety by the first day of May, and the
other moiety by the first day of July next ; and the said
Assessors shall in a column of their rate list, express the
number of Acres, each Resident in said Town is Assessed
at : and also the quantity of Acres each non-resident is
assessed at, where the Proprietor is known ; and in such
cases where the Owner or Proprietor is unknown, the
quantity of Acres, with some description thereof, shall
also be put down in the said rate list.

And be it further enacted by the authority aforesaid,
that the Assessors of the Town of Lebanon, that may be
hereafter chosen in March or April annually, be and
hereby are in like manner, fully authorized, impowered
and directed, annually, to assess the Lands, improved and
unimproved, lying within the bounds and jurisdiction of
the said Town, equally, upon every Acre thereof, (except-
ing such Lands as are or may by Law be exempted from
taxation for the support of Government) its rateable pro-
portion of seventy three pounds, six shillings and eight
pence, for said Hasey's annual salary, during his Ministry
in said Town, together with the necessary charges and
expences for assessing and collecting the same, not ex-
ceeding eight per cent: and the same assessment to commit
to the Constable or Collector of the said Town, for the
time being, with warrants for collecting and paying in the
same, to the Treasurer of the said Town, for the time
being, or his successor in Office, by the last day of Decem-
ber annually.

And be it further enacted by the authority aforesaid,
that in case the Owner of any Lands assessed as aforesaid,
and living in said Town, shall not within thirty days after
notice given by the Collector, to pay the said tax (which
notice may be personal or by posting up the same in writ-
ing at the usual place of attending public worship in said
Town, for the space of thirty days) he may sell and dis-
pose of so much of the lands taxed, at public vendue, to

1786. — Chapter 72. 225

the highest bidder, as will raise sufficient money, to pay
the same and the necessary charges of notifying and sell-
ing ; public notice of the time and place of sale, being
made known, by posting up the same in some public
place or places in said Town, fourteen days or more before
the sale, in writing: and when no person shall appear to Directions re-
discharge the tax, on non-resident Proprietors Lands, the iSenipfopSe.**'
Collector shall publish the several divisions, ranges and tors-
numbers, with the sums on them respectively assessed,
together with the names of the non-resident Proprietors,
(if known) three weeks successively in the news Paper of
such Printer, as shall print the Acts and Laws of the
General Court, or the Votes or Journals of one of the
Branches thereof: and if no Person shall appear in one
Month next after the first publication of such Tax, in the
said Paper, to pay the said Taxes, with charges of notify-
ing ; the said Collector may proceed to make sale of so
much of such non-resident Proprietor's right, share, lot
or lots, aa shall be sufficient to discharge the said Taxes,
and all intervening charges, to the highest bidder, at public
auction : notice likewise having been given of the time
and place of sale, by notifications thereof in writing being
posted up, in some public place or places in the said Town,
fourteen days or more beforehand ; and the Constable
shall in all cases of Vendue, in consequence of this Act,
wait one hour after the appointed time for sale, that
sufficient time may be had for bidders to attend ; and he
shall also have power to adjourn the sale, from day to
day, if necessary to compleat the sale, not exceeding
three days (waiting as aforesaid) and shall give and ex-
ecute a deed to the purchaser or purchasers, expressing
therein the cause of such sale, and saving to the Propri-
etor or Proprietors the right of redemption of any lands
so sold, at any time within one year from the time of such
sale : and the same shall be reconveyed to him or them,
on paying within one year as aforesaid, the sum such land
sold for and fifteen per cent, added to the said sum, if the
Proprietor was a resident at the time of sale in the Town,
and twelve per cent, to such as are non-residents, together
with the necessary charges thereon. And the Town Treas-
urer of Lebanon, for the time being, is hereby authorized
and impowered to inforce the payment of the said tax
from the Constables or Collectors, in the same way and
manner, he is or may by Law be authorized to inforce the
payment of other Town Taxes.

226

1786. — Chapter 73.

Lands lying in
Lebanon, shall
be charged with
the payment of
taxes made in
consequence of
this act.

Agreement of
the proprietors
of Lebanon,
transfered to
the inhabitants.

And be it further enacted by the authority aforesaid ,
that the Lands, improved or not improved, lying within
the bounds and Jurisdiction of the Town of Lebanon,
(excepting such as are or may be by Law exempted from
taxation for the support of Government) shall be and
hereby are charged with the payment of the Taxes that
may be made in consequence of this Act.

Provided always, that it shall be in the power of the
Inhabitants of the said Town of Lebanon, in Town Meet-
ing legally assembled, to direct their Assessors to place
such part of the said annual Salary on the Polls and
Estates within their Town, if they think proper, not
exceeding the proportion of other Town Taxes.

And Whereas the power of complying ivith the Agree-
ment made with the said Hasey, by the Proprietors,
respecting the payment of his Salary, will by this Act
be compleatly transferred to the Inhabitants of the said
Tovm of Lebanon, w Inch agreement was originally entered
into by said Proprietors, for the use and benefit of the In-
habitants, during their inability to make or comply with
such a contract; it is therefore reasonable that they on their
part, should be hereafter subjected to the fulfilment and
compliance ivith the said contract:

Be it therefore further enacted by the authority aforesaid,
that the Contract and Agreement of the Proprietors of
Lebanon, made with said Hasey, so far as it relates to the
payment of his salary, as before-recited, already due, and
such as may hereafter become due, during the time Mr.
Hasey shall continue in the Ministry in said Town, shall
be and hereby is transfered from the said proprietors,
to the Inhabitants of the said Town of Lebanon, in as full
and ample a manner, as if the said Inhabitants had in their
corporate Capacity, originally made and entered into the
said Agreement. March 1, 1787.

1786. — Chapter 73.

[January Session, ch. 27.]

Chart 7^ AN ACT' ESTABLISHING AND REGULATING THE FEES OF THE
\jliup. to SEVERAL OFFICERS AND OTHER PERSONS HEREAFTER MEN-
TIONED, AND FOR REPEALING THE LAWS 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

1786. — Chapter 73. 227

the same, That from and after the first day of August, one
thousand seven hundred and eighty seven, the fees of the
several officers and other persons hereafter mentioned,
shall be as follows, viz.

Justices Fees.

For every blank writ of attachment and summons there- Justicea fees.
on, or original summons, one shilling. The declaration in
a writ triable before a Justice, one shilling and eight pence.
Subpoena for one or more witnesses, four pence. Entry
of an action or filing a complaint, in civil causes, one shilling.
Filing papers, one penny each paper. Writ of execution,
one shilling and four pence. Examining, allowing and
taxing a bill of cost, three pence. Entering up judgment
in civil or criminal causes, and recording the same, one
shilling and four pence. Copy of every evidence, original
paper, or record, if under a page, sixpence, if one page or
upwards, at the rate of eight pence per page. A recog-
nizance or bond of appeal, including principal and surety,
one shilling. Taking affidavits out of Court, in order for
the trial of any cause, one shilling, and for the Justices
travel every ten miles, hvo shillings and six pence, the
same for returning, and so in proportion ; the travel to be
certified by the Justice to the Court, before whom the
cause is to be tried, and for writing deposition, caption
and notification, at the rate of eight pence a page. Taking
affidavits in perpetuam reimemoriam, to each Justice, one
shilling, and writing the same and travel as aforementioned.
Administering an oath, to persons appointed to appraise
estates, or to appraise and divide real estates, together
with certificates of the same, one shilling. Administering
an oath to one or more witnesses, at the same time, before
referees or arbitrators, one shilling, for travel for that
purpose, the same as in taking affidavits. Taking the
acknowledgment o,f a deed, with one or more seals, pro-
vided it be at one and the same time, and certifying the
same, eight pence. Receiving a complaint, and issuing a
warrant in criminal cases, two shillings. Granting a War-
rant, swearing appraisers relating to strays, and entering
the same, one shilling and six pence. Administering oaths
in all other cases, with certificates, except oaths to town,
district or parish officers, one shilling. Trial of an issue,
two shillings.

228

1786. — Chapter 73.

Coroners fees.

Judge of Pro-
bate's fees.

Coroners Fees.

For serving a writ, summons or execution, and for
travel in returning fhe same, or for returning an inquisi-
tion, the same allowance as is by this act allowed to
Sheriffs. Bail bond, one shilling. Every trial where the
Sheriff is concerned, one shilling. Attending the Jury,
one shilling. Granting a warrant and taking inquisition
on a dead body, four shillings; if more than one at the
same time, and who came to their death by the same
means, one shilling for every other after the first. Travel
and expence for taking an inquisition, four shillings, per
day. The foreman of the Jury at the rate of Three shillings
and six pence, per day, for time and expences, and to
every other Juror, at the rate of Three shillings per day,
exclusive of travel, for which, if above four miles, he shall
have two pence per mile, out and home. The Constable
for his attendance and expences, in summoning a Jury,
four shillings a day ; and all the aforesaid charges of the
inquisition shall be paid out of the County Treasury,
except such as are taken upon bodies of strangers, not
belonging to this Commonwealth, and in such case, the
expence shall be paid out of the Treasury of this Com-
monwealth ; such account of expences, being first examined
and allowed by the Court of General Sessions of the Peace,
in the County in which such inquisitions shall be taken.

Judge of Probate's Fees.

For granting administration, three shillings. Appoint-
ing or allowing Guardian to minors, two shillings; and if
for more than one minor to the same Guardian, three pence
each, for all above the first. A decree respecting the
probate of a Will or codicil, three shillings. Examining
and allowing an inventory, and swearing the executor or
executors, administrator or administrators, one shilling.
Swearing the appraisers, nine pence. Examining and
allowing accounts, two shillings. A Decree for settling
intestate estates, two shillings. A citation, nine pence.
Summons for witness, four pence. A quietus, one shilling.
A Warrant to appraise or divide estates, one shilling and
six pence. Issuing commissions to receive and examine
creditors claims, when estates are represented insolvent,
one shilling. An order of distribution, one shilling.
Granting an appeal to the Supreme Court, one shilling.

1786. — Chapter 73. 229

For writing bond, and letter of administration, two Register of Pro-
shillings. Writing bond and letter of Guardianship and b!
making record thereof, three shillings, for one minor, and
if for more than one minor to the same Guardian, then
two pence each, for every additional one after the first.
Drawing a decree respecting the probate of a Will or
Codicil, two shillings. Writing bond for the executor,
one shilling. Writing a Warrant to appraise the estates
of persons deceased, one shilling. A Warrant to divide
an intestate Estate among the heirs, one shilling. Writ-
ing a Warrant to set off a Widow's dower only, or a war-
rant to examine the claims on an insolvent estate, one
shilling. For entering on an inventory the oath of the
executor or administrator, eight pence. Entering on the
account of an executor or administrator or Guardian, an
allowance thereof, eight pence. Drawing up a decree on
the settlement or partition of estates, one shilling. Draw-
ing an order of distribution, one shilling. A quietus, one
shilling. A citation, nine pence. A summons for a
Witness or Witnesses, four pence. Proportioning an in-
solvent estate among the creditors, at the rate of Three
shillings for every twelve creditors, every creditor's pro-
portion being severally distinguished. Recording a will,
inventory, account or other matters, for every page, eight
pence. Copy of a will, inventory, or other paper, for
each page, eight pence. Bond of appeal, one shilling.

And be it further enacted, that whenever any fees shall
be paid into the Probate office, a particular account of
such fees, and for what they accrued, shall before pay-
ment (if demanded) be by the Judge or Register sit down
in writing and given to the party paying the same ; and
any fees received without being thus ascertained in writ-
ing (when demanded as aforesaid) shall be deemed illegal
fees ; and the person or persons receiving the same, shall
forfeit and suffer treble the sum by him so received, and
be liable to an action of debt to be brought by him who
shall so pay the same, in any Court proper to try the
same.

In the Court of Common Pleas.
Justices Fees.

For the entry of every action, two shillings and eight in the court of

• Common Pleas

pence, and for every action where an issue in law or fact justices fees.

230

1786. — Chapter 73.

Clerk of the
Common Pleas.

is joined, four shillings, in addition to the fee for entry.
Taxing a bill of cost, six pence. Granting an appeal and
taking a recognizance of the principal and surety or
sureties, one shilling. Proving a deed, one shilling.
Surrender of the principal in Court by his surety or
sureties, eight pence. Granting a writ of protection, one
shilling. Entering a petition and making an order
thereon, for the sale of real estates, three shillings.

Clerk of the Common Pleas.

Every action entered, one shilling. Entering and re-
cording a verdict or report of referees, six pence. Every
action withdrawn, or non-suit, four pence. Confessing
Judgment, or default, or joinder, or demurer, six pence.
Entering up judgment and recording the same at large,
one shilling. Acknowledging satisfaction of a judgment
on record, four pence. Entering an appeal and recogniz-
ing principal and sureties, eight pence. Examining and
casting each bill of cost, six pence. Filing each paper,
one penny. Continuing each cause to the next term, six
pence. Entering the surrender of a principal in Court,
and making a record thereof, eight pence. Entering a
rule of Court upon the parties submitting a cause to
referees, six pence. Every blank writ and summons, six
pence. A blank scire facias, six pence. A blank original
summons, six pence. An original, or alias execution in
personal matters, and filing the same when returned, one
shilling. Every writ of possession in real actions, two
shillings. A writ of protection or habeas corpus ad testi-
ficandum, one shilling. Each venire facias for Jurymen,
to be paid out of the County Treasury, tico pence.

In the Court of General Sessions of the Peace,
in the court of To each Justice for every day's constant attendance in

General Ses-

sions. Court, four shillings; and no Justice shall be allowed

pay for more than two days attendance at any one term ;
Travel for such Justices as are ten miles and upward dis-
tant from the Court House, or place where the Court sits,
four shillings for every twenty miles, computing out and
home ; the travel and attendance to be paid out of the
County Treasury, except such Justices as are sworn
attornies at law, or Clerks of the several Courts of Ses-
sions, who shall not be allowed for travel or attendance.
The Clerk to keep an account of their attendance as afore-

1786. — Chapter 73. 231

said ; and all fines and forfeitures assessed by the same
Court, and not otherwise appropriated by law, to be paid
into the County Treasury, for the use of the County.

Clerks of the Sessions Fees.

Entering an indictment, complaint, presentment or in- cierksof the
formation, one shilling. Recording the Judgment of the
Court thereon, eight pence. Discharging a recognizance,
six pence. Each warrant for criminals, one shilling.
Each summons or subpoena for witness or witnesses, four
pence. Each recognizance for innholders or retailers,
including principal and sureties, and for transmiting the
name of the licenced person to the Selectmen, and record-
ing the licence, eight pence. A warrant for County tax,
one shilling. Warrant to lay out or alter a road, one
shilling. Examining and casting the Grand Jurors ac-
count, yearly, and order thereon, one shilling and six
pence. Examining any other account, four pence each.
Recording the reports of high-ways and other matters,
by order of Sessions, eight pence a page. Copies of all
records or original papers, eight pence a page. Filing
each paper, one penny. Entering an appeal and recog-
nizing the principal and sureties, eight pence.

In the Supreme Judicial Court. Justices Fees.

Entering an action or complaint, Jive shillings and four ln9">s«?
pence. Taking special bail, two shillings. Allowing a Justices fees
writ of error, or granting Certiorari, habeas corpus, or
other writ on motion, two shillings. Granting a writ of
protection, one shilling and six pence. Proving a deed,
one shilling. Entering a petition and making order
thereon, for the sale or partition of real estates, six shil-
lings. Accepting partition of real estates, two shillings.
Taxing a bill of cost, one shilling. The foregoing fees to
be paid to the Clerk of the said Court, who shall some
time in the month of December, annually, certify to the
Governor and Council, the sums by him so taken and re-
ceived, and paid over to the said Justices, that the same
may be deducted from the last quarter of the said Justices
yearly salary ; and the Governor and Council are hereby
empowered to deduct the same accordingly.

Clerks Fees in the Supreme Judicial Court.

Entering each action for trial, Three shillings. Enter- cierk's fees in
ing each complaint, one shilling and six pence. Receiving judidafcourt.

reme
ourt.

232 1786. — Chapter 73.

and recording a verdict, one shilling. A writ of review,,
three shillings. A writ of scire facias, two shillings. A
writ of execution, one shilling and six pence. A writ of
facias habere possessionem, two shillings and six pence.
A writ of habeas corpus, two shillings. Copies of all
records, each page, eight pence; less than a page, six
pence. Entering a rule of Court, nine pence. Confess-
ing judgment or default, one shilling. Every action with-
drawn, or non-suit, one shilling. Entering an appearance,
six pence. Acknowledging satisfaction of a judgment and
record, eight pence. Examining each bill of cost, eight
pence. Continuing each cause and entering the same
next term, one shilling. Filing each paper in each cause,
one penny. Proving a deed in Court, and certifying the
same, one shilling. Entering up judgment and recording
the same at large, two shillings. Each venire, to be paid
out of the County Treasuries respectively, on the Justices
certificate, three pence. Every writ and seal other than
before mentioned, tivo shillings. Every subpoena for
one or more witnesses, six pence. Each recognizance,
including principal and sureties, one shilling. A writ
of protection, one shilling. Entering a discharge of a
recognizance, by proclamation, nine pence.

Attornies Fees, and allowance to Parties and Witnesses.
Attornies fees, <j-o parties recovering cost for an Attorney, or Coun-
sellor's fee, when Counsel is employed, where an issue in
Law or fact is joined in the Supreme Court, twelve shil-
lings, and for all other causes in said Court, and all causes
in the Court of Common Pleas, and Court of General
Sessions of the Peace, where an issue in Law or fact, is
joined, six shillings, and for all other causes in said
Court, six shillings.

For Parties recovering costs, whether in the Supreme
Judicial Court, Court of Common Pleas, General Sessions
of the Peace, or before a Justice, one shilling and six
pence, for each day's attendance and travel ; ten miles to
be accounted as one day ; no allowance to be made for
travel to or from the Clerk's Office, in order to make out
a Writ or Summons, or carry the same to an Oificer : and
no Plaintiff shall be allowed more than two days attend-
ance, when the defendant is defaulted, unless the Defend-
ant appears in Court and makes answer to the Plaintiff's
suit, in which case, if the defendant is afterwards de-

1786. — Chapter 73, 233

faulted, no attendance shall be taxed for the Plaintiff,
after the day when such default happens.

In criminal causes, where one or more Defendants are
tried by the Jury, at the same time, in the Supreme
Court, or where the cause is determined by an issue in
law, twelve shillings; and if no trial by Jury, and the
cause is not determined by an issue in Law, six sJtillings;
and in the Court of General Sessions of the Peace, the
same allowance for Counsel, as in the Common Pleas.

Drawing an Indictment in the Sessions, three shillings.

Drawing an Indictment in the Supreme Judicial Court,
six shillings.

Witnesses in civil or criminal causes, whether in the
Supreme Judicial Court, Court of Common Pleas, Court
of General Sessions of the Peace, three shillings a day,
and two pence for each mile's travel going out and return-
ing home ; and before a Justice of the Peace, two shillings
per day ; and the travel, the same as at other Courts ;
provided the said Witnesses do personally attend either
of the said Courts and give in, in writing, to the Clerk of
said Court, his time and travel.

Sheriff's and Constables Fees.

For the service of an original summons or scire Facias, sheriffs and
on one Defendant for trial, either by reading the same, or
by copy, one shilling and four pence, if served on more
than one Defendant, then for each other Defendant so
served, one sliilliiig and four pence.

For service of a Capias or Attachment on one Defend-
ant, with or without Summons, one shilling and four
pence; if served in like manner on more than one De-
fendant, then for each other so served, one shilling and
four pence; and where the Officer is by law directed to
leave a copy, in order to compleat the service, he may
charge at the rate of eight pence a page. For a bail bond
and writing the same, including principal and sureties (to
be paid by the person admitted to bail) one shilling.

Serving a Writ of possession, exclusive of the pound-
age, on the cost of Court, five shillings, if on more than
one piece of land, three shillings each.

The fees for collecting the cost on a Writ of possession,
the same poundage as in personal actions.

Serving a Warrant, one shilling and four pence.
Sheriff's aid in criminal cases to each person, four shillings

234 1786. — Chapter 73.

including expences, for every twelve hours ; and so in
proportion for a less time, and two pence for each mile's
travel going out and returning home.

Summoning Witnesses in criminal cases, six pence for
each Witness, and travel as in civil causes, unless in
special cases, when the Court may increase the fee to
what they shall judge reasonable.

Levying Executions in personal actions, viz. for the first
twenty pounds or under, eight pence a pound: above that,
not exceeding forty pounds, four pence a pound, above
that, not exceeding one hundred pounds, two pence a
pound, for all above one hundred pounds, one penny a
pound.

Provided nevertheless, that the Sheriff or other Officer
who may serve any execution, issued by the Treasurer
of this Commonwealth, or by any County or Town Treas-
urer, against any Constable or Collector of public, County
or Town taxes, shall not be intitled to demand or receive
more than half the poundage, and half the travel which is
allowed in other cases.

Travel for the service of each Execution or mean proc-
ess, or warrant to him directed, two pence a mile, the
travel to be computed from the place of service to the
Court where the Writ or Execution shall be returned, by
the way that is most commonly used ; but one travel to
be allowed to one Writ or Execution, and if the same
be served on more persons than one, the travel to be com-
puted from that place of service, that is most remote from
the place of return, with all further necessary travel in
serving such Writ or Execution ; the travelling fee, and
fees of service, to be endorsed by the Sheriff or his Deputy,
on each mean process, or execution, otherwise not to be
allowed.

Serving an Execution upon judgment of Court, for par-
tition of real estate, or for assigning dower, five shillings
a day, and two pence a mile out, from the place of his
abode.

Every trial, six pence. Every Default, three pence.

Returning the certificate of Votes, of the several Towns,
for a Governor, &c. to the Secretary's Office, four pence
per mile, computing from his abode, to the Secretary's
Office ; to be paid out of the County Treasury, and but
one travel to be allowed for the whole.

To the officer attending the Grand Jury, each day, two

1786. — Chapter 73. 235

shillings and six pence. To the Officer attending the
Jury for trial, one shilling, for every cause, to be paid
with the Jury's fees.

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

To each appraiser of real estates, for extending Execu-
tions, or assigning dower, four shillings a day, and so for
a longer or shorter time.

Every Constable who shall attend the Supreme Judicial
Court, or Court of General Sessions of the Peace, or
Common Pleas, by their order, three shillings a day, to be
paid out of the County Treasury ; and for encouragement
unto the Sheriff to take and use all possible care and dili-
gence, for the safe keeping of the Prisoners, that shall be
committed to his custody, he shall have such salary allowed
him for the same, as the Justices of the Court of General
Sessions of the Peace, within the same County, shall
think fit to order, not exceeding ten pounds a year for the
County of Suffolk; and not exceeding Jive jjounds each,
for the other Counties within the Government, at the
discretion of the Court of Sessions, to be paid out of the
Treasury of such County.

And, be it enacted by the authority aforesaid, that any
Constable in any Town in this Commonwealth, be, and he
is hereby fully authorized and empowered, to serve upon
any person or persons in the Town to which he belongs,
any original Writ, Summons or Writ of Execution, in any
personal action, where the damage sued for or recovered,
does not exceed twenty pounds, and return thereof to
make to any Court proper to try the same.

Criers Fees :

Calling a Jury, four pence, to be paid with the Jury cnersfees.
fees.

A default or non suit, a judgment assigned or complaint,
a verdict or demurrer, eight pence each.

Discharging a recognizance by Proclamation, four pence.
Said fees to be paid to the Clerks of the respective Courts
for the use of the Crier.

Goalers Fees.

For turning the Key on each Prisoner committed, two Goaiersfeea.
shillings, viz. one shilling in, and one shilling out.

236 1786. — Chapter 73.

Dieting each person, such sum weekly as the Court of
Sessions shall judge reasonable.

Grand Jurors Fees.
Grand Jurors Foreman, four shillings, per day.

Each other Juror, three shillings and six pence, per day,
and two pence per mile for each mile he shall travel going
out and returning home, and but one travel at each term.

Jurors for Tried, their Fees.
jurors for trial, To the Foreman in every cause, at the Supreme Judi-

tncir iggs .

cial Court, the Court of Common Pleas, and Court of
General Sessions of the Peace, three shillings and six pence.
To every other Juror, three shillings; their allowance for
travel to be the same as the Grand Jury's, and to be paid
out of the County Treasury.

For Marriages, &c.
For marriages, To the Town Clerk for publishing the banns of matri-
mony, and making a record thereof, one shilling, and
recording the Marriage when the certificate is returned by
the Minister, or Justice officiating, six pence, and to the
Clerk of the Sessions, to be paid by the respective Town
Clerks, two pence.

Every Certificate of a publishment, six pence. Record-
ing births and deaths, two pence.

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

To the Town Clerk for a certificate of the births or
deaths of every person, four pence.

Fees in the Secretary's Office.
Fees in the sec For each Register, exclusive of Naval Officer's fees,

retary's office. ,7 7 .,, . °

three shillings.

For a certificate under the Seal of the Commonwealth,
for the benefit of particular persons, three shillings.

Every order of notice from the General Court, upon
petition, two shillings.

Every other order of the General Court, for the benefit
of particular persons, one shilling.

For a Commission or letter of marque and reprisal, and
for other papers accompanying the same, eighteen shillings.

For all copies for the benefit of particular persons, at

1786. — Chapter 73. 237

the rate of nine pence, a page; and a page in this Act, is
meant twenty eight lines of eight words to a line, or two
hundred and twenty-four words.

The Secretary shall keep an account of all fees by him
taken as Secretary, by virtue of this Act, that the General
Court may once a year, know the amount thereof, and
take the same into consideration at the time of making a
grant to him for his services.

To the Captain of Castle William.

For a pass by the Castle for each Vessel, one shilling and- c^lie wmia0f
six pence, except for wood sloops and other coasting
Vessels, for which passes have not been usually taken out.

Messenger of the General Court.

Serving every Warrant which the General Court or Messenger of
either House may grant, for arresting, imprisoning, or courteDera
taking into custody any person, two shillings.

For travel each mile out, and the same returning., three
pence.

For keeping and providing food for such person, two
shillings a day.

For his discharge or dismission, two shillings.

County Registers Fees.
For entering and recording a deed of partition or other county Regis-

c t.\ i ±i c j • ters fees.

paper, or the length or one page or under, nine pence;
and for certifying on the original, the time when, the book
and page where, the same is recorded, three pence; if the
instrument recorded exceed a page, eight pence a page, for
as many pages as it contains, the fees to be paid at the
offering the instrument.

For all copies, at the rate of eight pence a page.

For entering in the margin, the discharge of a Mort-
gage, to be signed by the person discharging the same,
eight pence.

And be it further enacted, that the Clerks of the several' LT^™ »
Courts, and other persons keeping public Offices, shall con- greater fee than

» « » 18 DV ltiw pro-

stantly have a list of the fees by this Act prescribed, so far vide'd.
as it relates to them, respective^, printed or wrote out in
legible characters, and hung in some convenient place in
their respective Offices : and any person that shall demand
any greater fee or fees for any of the services aforesaid,
than are by this law provided, he or they shall forfeit and

238

1786. — Chapter 74.

Upon conviction
thereof, such
persons shall be
adjudged inca-
pable of sustain-
ing any office,
Sc.

Proviso.

Acts heretofore
made, declared
null and void.

pay for every offence the sum of ten pounds, with costs of
suit, to him or them that will prosecute and sue therefor,
by action of debt, within one year after the offence com-
mitted, in the Court of Common Pleas.

And be it further enacted by the authority aforesaid,
That any person who shall willfully and corruptly demand
and receive, any greater fee or fees for any of the services
aforesaid, than are by this Law provided, and shall be
convicted thereof, upon an indictment of the Grand Jury
in the Court of General Sessions of the Peace, or at the
Supreme Judicial Court, may, over and above the fine of
ten pounds, be adjudged incapable of sustaining any Office
within the Commonwealth, for a term of time not exceed-
ing seven years from the time of such conviction : Provided
the information or indictment be filed within one year next
after the Offence was committed.

And be it further enacted, that from and after the first
day of August, one thousand seven hundred and eighty
seven, all Acts and Laws heretofore made for regulating
and establishing the fees herein-mentioned, shall cease to
operate, and become null and void. February '28, 1787.

Chap.

Preamble.

1786. — Chapter 74.

[January Session, ch. 23.]

17 A AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT IN ADDI-
TION TO AN ACT, PASSED IN THE YEAR OF OUR LORD, ONE
THOUSAND SEVEN HUNDRED AND SEVENTY THREE," ENTI-
TLED "AN ACT TO PREVENT THE DESTRUCTION OF ALE-
WIVES AND OTHER FISH, IN IPSWICH RIVER, AND TO
ENCOURAGE THE INCREASE OF THE SAME.

Wliereas in and by the said Act, the duty of persons
chosen to carry the aforesaid law into effect is prescribed ;
but the Towns on said River, are not required to choose
such persons :

Be it therefore Enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Enacting clause, authority of the same, That from and after the passing
this Act, every Town bordering on Ipswich River, where
Alewives and other fish go up to Spawn, shall at their
meeting in March or April, for the choice of Town Offi-
cers, annually, chuse at least three suitable and fit per-
sons, whose duty it shall be, jointly or severally, to see
that the Act, to which this is in addition, be duly ob-

1786. — Chapter 75. 239

served, and to inform against any person or persons, that
shall offend against the same : And all persons so chosen,
shall be sworn to the faithful discharge of their duty in
such Office ; and if any person chosen as aforesaid, shall
refuse or neglect to be sworn, after due notice given, he
shall forfeit and pay the sum of forty shillings, for the
use of the poor of the Town, to which he belongs, to be
recovered by the Treasurer of such Town, in any Court
proper to try the same ; and such Town shall proceed to
a new choice, and so toties quoties. March 2, 1787.

1786. — Chapter 75.

[January Session, ch. 24.]

AN ACT FOR DETERMINING AT WHAT TIMES AND PLACES, THE (JhaV 75
SEVERAL COURTS OF GENERAL SESSIONS OF THE PEACE, * '

AND COURTS OF COMMON PLEAS, SHALL BE HELD, WITHIN
AND FOR THE SEVERAL COUNTIES, WITHIN THIS COMMON-
WEALTH, AND FOR REPEALING ALL LAWS 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 from and after the first day of June next, Laws heretofore
all the laws heretofore enacted, and now in force, deter- peaied?' re~
mining the times and places for holding the several Courts
of General Sessions of the Peace, and Courts of Common
Pleas, within and for the several Counties in this Com-
monwealth, so far as respects the times and places for
holding the said Courts, be, and they hereby are repealed.

And be it further Enacted by the authority aforesaid,
That the times and places for holding the Courts of Gen- Times and
eral Sessions of the Peace, and Courts of Common Pleas, holding courts*
within and for each County in this Commonwealth, shall,
from and after the first day of June next, be as follows,
viz.

Within and for the County of Suffolk, at Boston, on the
first Tuesday in January, and the first Tuesday in July.

"Within and for the County of Essex, at Ipswich, on the
first Tuesday in April; at Salem, the second Tuesday in
July; at Newbury Port, the last Tuesday in September.

Within and for the County of Middlesex, at Cambridge,
on the second Tuesday in March; at Concord, on the
second Tuesday of September.

Within and for the County of Hampshire, at Spring-

240 1786. — Chapter 75.

field, on the second Tuesday of February ; at Northamp-
ton, the last Tuesday in August.

Within and for the County of Plymouth, at Plymouth,
on the second Tuesday of April, and the last Tuesday of
October.

Within and for the County of Barnstable, at Barnstable,
on the first Tuesday of April, and the first Tuesday of
November.

Within and for the County of Bristol, at Taunton, on
the second Tuesday of March, and the second Tuesday of
September.

Within and for the County of York, at York, on the
second Tuesday of April; and at Biddeford, on the second
Tuesday of October.

Within and for the County of Dukes County, at Edgar-
town, on the first Tuesday of March; and at Tisbury, on
the last Tuesday of October.

Within and for the County of Nantucket, at Sherburne,
on the last Tuesday of March, and the first Tuesday of
October.

Within and for the County of Worcester, at Worcester,
on the last Tuesday in March, and on the first Tuesday
in September.

Within and for the County of Cumberland, at Portland,
on the last Tuesday in May, and on the last Tuesday in
October.

Within and for the County of Lincoln, at Hallowell, on
the second Tuesday in January; at Pownalborough, on
the first Tuesday in June; and at Waldoborough, on the
second Tuesday of September.

Within and for the County of Berkshire, at Lenox, on
the second Tuesday in September, and the first Tuesday
of February.
Appeals already And be it further Enacted, that all appeals already

made, \c. how y ' ii J

returnable. made, recognizances taken, or that may before the afore-
said first day of June next, be made or taken, to any
Court of General Sessions of the Peace, and all actions
already commenced, or that may be commenced before
the aforesaid first day of June, and all appeals claimed,
or which may be claimed, and all actions pending at
any Court of Common Pleas, which before the operation
of this Act, should have been holden at any other time
or place, than those in this Act affixed, for holding said
Courts, shall be returnable to, entered, made, proceeded

Chap. 76

1786. — Chapters 76,77. 241

on, tried and determined, at the Courts next to be holden
in each County, after said first day of June, agreeably to
the true intent of such Writ, Process, Recognizance or
Appeal. March 2, 1787.

1786. — Chapter 76.

[January Session, ch. 25.]

AN ACT FOR SETTING OFF THAT PART OF THE HOME FARM
OF WILLIAM WHITNEY, WHICH LAYS IN THE TOWN OF
GARDNER, TO THE TOWN OF WINCHENDON.

Whereas the whole of the home farm of William Whitney, Preamble.
was reserved to the town of VVinchendon, when the said
town of Winchedon voted, that the Southeasterly part
thereof might be annexed to the town of Gardner :

Be it therefore enacted by the Senate and House of
Representatives, in General Court assembled and by the
authority of the same, That all that part of the home farm of Part 8et off-
William Whitney, which lays in the town of Gardner, viz.
Lot number thirty seven, part of lots number thirty eight,
forty and sixty, be, and hereby are set off from the town
of Gardner, and annexed to the town of Winchendon, and
shall hereafter be considered as belonging to the said town
of Winchendon ; any law to the contrary notwithstanding.

March 2, 1787.

1786. — Chapter 77.

[January session, ch. 26.]
AN ACT FOR NATURALIZING WILLIAM MARTIN AND OTHERS. (JhaV 77

Whereas William Martin and Elizabeth Martin, William Preamble.
Moch and John Amory, now residing in Boston, in the
County of Suffolk, also David Smith and Elizabeth his
wife, and their children, Viz. Moses, Ruth, Mercy, Len-
dall, David, Elizabeth, Hannah, Dorothy, and Godfrey,
William Molton, William Haggett, and John Nicholas
Kudberg, and Anne his wife, now residing in Portland, in
the County of Cumberland, and Thomas Craige, of Bil-
lerica, in the County of Middlesex, have severally petitioned
to the General Court that they may be naturalized, and be
thereby intitled to all the rights and priviledges of free
Citizens of this Commonwealth :

Be it therefore Enacted by the Senate and House of

242 1786. — Chapter 78.

Representatives , in General Court assembled, and by the au-
23hSlJfrUn thority of the same, That the aforenamed William Martin
naturalized. and Elizabeth his wife, William Moch, John Amory,
David Smith and Elizabeth his wife, and their children,
Viz. Moses, Ruth, Mercy, Lendall, David, Elizabeth,
Hannah, Dorothy, and Godfrey, William Molton, William
Haggett, Thomas Craige, and John Nicholas Rudberg,
first taking the oath of allegiance to this Commonwealth,
before two Justices of the peace, quorum unus, shall be
deemed, adjudged and taken to be free Citizens of this
Commonwealth, and entitled to all the liberties, privi-
ledges and immunities of natural born subjects.

And be it further Enacted, That the Justices before
whom the persons aforenamed may respectively take the
oath aforesaid, shall return a Certificate thereof into the
Secretary's Office, to be entered on the Records of this
Commonwealth. March 2, 1787.

1786. — Chapter 78.

[January Session, ch. 28.]

Chary 78 AN ACT IN ADDITI0N T0 AN ACT» entitled «an act more

"' EFFECTUALLY TO PREVENT THE DESERTION OF FRENCH

SAILORS.

Be it Enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
weof°ftheU8' °f the same, that when any Seaman, duly and regularly
Peace. shipped or inlisted on board any Vessel, belonging to the

King of France, or to any of his subjects, and lying within
any Port of this State, shall desert therefrom, it shall be
in the power of any Justice of the Peace, within the same
County where such Vessel lies, or of any Justice of the
Peace, in the County where such deserter shall be, by
Warrant to apprehend such deserter, and to commit him
to Goal, in order that he may be forth coming, and de-
livered by the order of the Justice committing him, or
by any other Justice of the Peace, in the County where
he shall be committed, to proceed on the voyage or service
for which he shall have been inlisted or shipped. And
where any Seaman, being a subject of the King of France,
shall desert as aforesaid, and the Vessel to which he
belongs shall proceed on her voyage, and leave such
deserter within the Commonwealth, he may be appre-
hended on the complaint of the Consul or Vice Consul
of France, and be committed as aforesaid, by any Justice

1786. — Chapter 79.

of the Peace, in any County where he may be found, and
may be by the order of the Justice, who shall commit
him, or by any other Justice of the same County, delivered
to the Consul or Vice Consul of France, residing within
the State, to be by him sent to some part of the dominions
of the King of France.

Provided that all charges arising on such commitment,
shall be paid by the Complainant, as the same shall arise.
And

Provided that no Justice of the Peace, shall grant any rroviso.
order for the delivery of any person as aforesaid, untill
satisfactory evidence is produced to the said Justice, that
the prisoner is a deserter from some Vessel, belonging to
the King of France, or to his subjects, as aforementioned.

March 2, 1787.

1786. — Chapter 79.

[January Session, ch. 29.]
ERTAIN PRIVILEDG:
TORS OF THE SLITTING MILL, IN THE TOWN OF TAUNTON,
IN THE COUNTY OF BRISTOL.

Chap. 79

Whereas by the laws of this Commonwealth, the pro- Preamble.
prietors of the Slitting Mill, standing on Mill River, in
said Taunton, are deprived of the benefit of the water
running in the said River in the month of April and May
annually, which is greatly to the damage of the Nail manu-
factory : Wherefore,

Be it Enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, that the Committee which may be annually Enacting clause.
chosen by the inhabitants of the Town of Taunton afore-
said, whose business it is to see the Fish Act, so called,
put into execution, are hereby impowered and directed to
notify some one or more of the Proprietors of said Slitting
Mill, that they may stop the water and make use of the
same three days in each and every week, in the months
of April and May annually, for the purpose only of slitting
Nail Rods, which days the aforesaid Committee are to
appoint and to give seasonable notice thereof to the pro-
prietors as aforesaid ; any law to the contrary notwith-
standing.

This act shall continue in force for the term of One Limitation.
year from the passing thereof, and no longer.

March 2, 1787.

244

1786. — Chapter 80.

Preamble.

1786. — Chapter 80.

[January Session, ch. 33.]

Char) 80 AN ACT IN addition to the several laws now in force,

^' FOR REGULATING AND GOVERNING THE MILITIA OF THIS

COMMONWEALTH.

Whereas by the Laws now in force for regulating and
governing the Militia, provision is made that every officer
holding a Commission in said Militia, who shall upon trial
before a Court martial be found guilty of any unmilitary
conduct, either in neglect of duty or disobedience of orders,
shall be liable to be sentenced by such Court martial, to be
reprimanded by the President thereof, or removed from his
office: And whereas in times of public insurrections or
rebellion, some commissioned officers may be so lost to a
sense of honor, or so inimical to law and government, as to
neglect or refuse to make such detachments from the Corps
under their respective command, as may be ordered by the
commander in chief, notwithstanding the aforesaid provi-
sion :

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 any officer holding a Commission in
the Militia, who shall neglect or refuse to execute any
orders he may receive from his superior officer, to make a
detachment from the corps under his command, it shall be
the duty of the officer who issued such order, immediately
to arrest such delinquent officer, bring him to trial there-
for, before a General Court Martial, And forthwith give
information thereof to the commander in chief; And the
officer who issued the orders which shall not have been
executed as aforesaid, shall immediately after the arresting
of the delinquent officer, proceed by himself or some other
officer under his command to make and compleat the
detachment ordered as aforesaid. And when any Regi-
ment or Company shall not be organized, the superior
officer shall make the detachment from such Regiment or
Company, either by himself, or some other officer whom
he shall appoint.

And whereas, in and by the laws aforesaid, it is pro-
vided, that whenever the Governor or commander in chief
shall order a detachment from the Militia, and any person
who shall be detached pursuant to such orders, being duly

Penalty when
officers refuse
or neglect to
execute orders,
&c.

1786. — Chapter 80. 245

notified thereof and ordered to march to the place of rendez-
vous, shall neglect or refuse to obey such orders, or shall
not within twenty four hours after he shall have been noti-
fied as aforesaid, pay a fine of ten pounds to the Captain
or Commanding officer of the Company to ivhich he shall
belong, or procure an able-bodied man in his stead, such
person shall be considered as a soldier in such detachment,
and dealt with accordingly : And whereas it may so happen
by the discharge of such detachment, or the absconding of
such delinquent, that he may evade his duty, and escape
the punishment by law provided for desertion.

Be it therefore enacted by the authority aforesaid, that Penalty for de-

. . i re • "1 i ii i linquentnon-

when any non-commissioned orncer or private, snail be a commissioned
delinquent as aforesaid, and shall endeavour to avoid die?s.r8C
punishment as aforesaid, or if the detachment shall he
discharged before such delinquent shall have been pun-
ished, he shall pay a fine of twelve pounds , to be sued for
and recovered by the Clerk of the company to which such
person belongs, provided the same be sued for within
twelve months, after the discharge of such detachment;
the said fine to be disposed of, for the purpose of hiring
men as provided by the laws aforesaid.

And be it further enacted by the authority aforesaid, that Penalty for

J J ii e desertion.

any person who shall desert from any detachment from
the Militia, and shall not return to his duty, and by
absconding till the discharge of such detachment, shall
escape the punishment due in case of desertion, he shall
forfeit and pay the sum of twelve pounds, to be sued for
and recovered in the manner, and applied for the purpose
aforesaid.

And whereas it is provided in the aforesaid Militia law,
"that whenever the Militia or any part thereof, of any
town within this Commonwealth, shall be ordered to march
for the immediate defence of this or amy of the United
States of America, the Selectmen of such town shall cause
carriages to attend them with necessary provisions and
camp utensils, and shall continue to forward to the Com-
missary, or Deputy Commissary, sufficient supplies for the
men marched from their respective towns, until notice shall
be given to them by the Commissary or Deputy Commis-
sary, to desist; " but no penalty is annexed for a neglect of
said duty in the said Selectmen :

Be it therefore Enacted by the authority aforesaid, That Penalty when

-' ■;, i , . . >". selectmen refuse

wdienever the belectmen or any town in this Common- or neglect to

246 1786. — Chapter 80.

cause carriages] wealth froin which the Militia, or any part thereof, shall
militia, sec. be ordered to march for the purpose mentioned in the said
Militia law, shall be notified by any officer of the Militia
within the said town, or in case there be no such Officer,
by any Officer authorized for that purpose, of the number
of men to be marched therefrom, and shall refuse or
neglect at the expence of such town to cause carriages to
attend them with sufficient supplies of provisions or camp
utensils, directed as aforesaid, the town to which such
Selectmen belong shall pay a fine not exceeding fifty
pounds, to be sued for and recovered by any person who
shall prosecute the same ; one moiety of the sum recovered
to go to the use of the prosecutor, and the other to the
use of this Commonwealth.
^mputenlns0'11 And be it further enacted, That the Officer to whom
shaii be deiiv- such camp utensils shall be delivered by the Selectmen,

ered by select- . " •> '

men, shaii shall give his receipt therefor, and shall take a receipt for

&c.eip r' the same of the men to whom they may be delivered, to

be used with a promise to the Selectmen, named in such
receipt, that the utensils shall be returned to the Select-
men by whom they were furnished, if they are not lost or
broken by unavoidable accident, and such officer shall be
intitled to receive the receipt which shall be given by him
as aforesaid, on his producing and delivering to such
Selectmen the receipt or receipts containing a promise
as aforesaid ; and if it shall appear that any utensils fur-
nished as aforesaid, have been lost or broken by unavoid-
able accident, the value thereof shall be paid out of the
Treasury of the Commonwealth, to the Selectmen who
furnished the same, or their successors in office, for the
use of the town ; and the Selectmen of each town are
hereby directed to provide and keep in good order, one
tin camp kettle for every twenty men, which shall be in
the train-band of their respective towns.

And whereas by the said Militia law it is provided,

That every non-commissioned officer and private belonging

to the Cavalry, shall keep himself provided with a carbine,

with a spring and sling and twelve rounds of cartridges

and ball for his carbine; but it is found unnecessary that

the said non-commissioned officers and privates should be

provided with the same.

Non-commu-^ ]Qe ft therefore enacted by the authority aforesaid, that

and privates of the non-commissioned officers and privates, belonging to

excused from the Cavalry within this Commonwealth, be, and hereby

1786. — Chapter 81. 247

are excused from providing themselves with a Carbine providing them-

O 66IVC8 WitD ft

and Cartridges for the same, any thing in the said Militia carbine and
Law to the contrary notwithstanding.

And be it farther enacted by the authority aforesaid, that fnr°cv^a° ™*™e
the proviso in the twentieth enacting paragraph in the in » former act
militia act, passed in the year of our Lord, one thousand
seven hundred and eighty five, giving an appeal from a
judgment given by a Justice of the Peace, to the Court
of Common Pleas in certain cases ; and also, the twenty
first enacting paragraph in the same Act, be, and hereby
are repealed, so far as may relate to any suit where such
appeal shall not be made before the first day of Jane next,
and the judgment of a Justice of the Peace in cases therein
described, shall be final and conclusive.

March 2, 1787.

1786. — Chapter 81.

[January Session, ch. 32.]

AN ACT MAKING PROVISION FOR THE REPAIR AND AMEND- (Jfiaj) 81
MENT OF HIGHWAYS. * '

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, That all highways, town-ways, causeways, and hiUrhwa°88shfaii
bridges, lving and being within the bounds of any town, be chosen an-

' ~ ~ . . ~ . uually.

shall be kept in repair and amended, from time to time,
that the same may be safe and convenient for travellers,
with their horses, teams, carts, and carriages, at all sea-
sons of the year, at the proper charge and expence of the
inhabitants of such town (where other sufficient provision
is not made therefor) and there shall be chosen two or
more suitable persons in each town, at the annual meet-
ing in March or April, who shall be denominated sur-
veyors of highways, to be notified and sworn in like
manner as other Officers of the same town, and, (in case
of refusal to serve,) shall forfeit and pay the sum of three
pounds, to the use of such Town, District or Plantation ;
provided, no person shall be held and obliged to serve
more than one year in three years ; And the Surveyors
thus chosen and sworn, shall have full power and author- Their power.
ity to cut down, lop off, dig up and remove all sorts of
trees, bushes, stones, fences, rails, gates, bars, inclosures
or other matter or thing, that shall any way straiten, hurt,
hinder, or incommode the highway or town way, and also

248 1786. — Chapter 81.

to dig for stone, gravel, clay, marie, sand or earth, in
any land not planted or inclosed, and the materials thus
dug up, to remove to such place or places in the high-
ways, for the repair and amendment thereof, as they shall
determine necessary.
Proviso. Provided always, that no surveyor of highways shall

cause any water course, occasioned by the wash of any
highway or townway, to be so conveyed b}' the side of
such highway, as to incommode any person's house, store,
shop or other building, or to obstruct any person or per-
sons in the prosecution of his or her business or occupa-
tion, without the approbation and consent of the Selectmen
of such town or other place, signified in writing to such
surveyor ; and any person or persons who may consider
him or herself to be aggrieved by such water course, may
complain to the selectmen of such town or other place ;
and the selectmen, on receiving such complaint, shall pro-
ceed to view such water course so complained of, and
after attending to the circumstances of the same, shall, if
they think it reasonable, direct such surveyor to alter the
said water course, in such way and manner as they shall
think just and proper; And when the highways are
blocked up, or incumbered with snow, the surveyors shall
forthwith cause so much thereof to be removed, or trod
down, as will render the roads passable.

And be it further enacted by the authority aforesaid,

selectmen or ^hat the selectmen or Assessors of each town are author-
assessors, to

assign limits to ized, impowered and directed, to assign and appoint in

the surveyors. *■ ,, v, \ 1 i« «j

writing, annually, to the surveyors, their several limits
and divisions of the highways and town ways, for repair
and amendment, unto which assignments the said Sur-
veyors are directed to observe and conform themselves.
And be it further enacted by the authority aforesaid,
f^fj*" That each town, at some public meeting of the inhabitants
as niHy be neces. thereof regularly notified and warned, shall vote and raise

sary for the o «/ »•

repair of high, such sum ot money, to be expended in labour and mate-
rials on the highways and townways, as they shall deter-
Manner of mine necessary for the purpose : And the Assessors shall
?amemng the assess the same on the polls and rateable estates, personal
and real, of the inhabitants, residents and non-residents,
of their town, as other town charges are by law assessed,
and deliver to each surveyor a list of the persons and
the sums at which they are severally assessed, for his
limits. And the surveyor shall give reasonable notice

1786. — Chapter 81. 249

(in writing if desired) to each person in his list, of the
sum he is assessed to the highways and town-ways, and
also to the inhabitants within his district, assessed as
aforesaid, six days notice (extraordinary casualty ex-
cepted) of the times and places he shall appoint for pro-
viding materials and labouring; to the end, each person
may have opportunity to work on the highways and town-
ways, in person or by his substitute, or with his oxen,
horses, cart and plough, at the rates and prices the town
shall affix to such labour, to the full amount of the sum
at which he is assessed ; or he may pay the surveyor in
money the sum he is assessed, in which case, the surveyor
shall carefully expend the sums thus paid, in labour and
materials, for repairing the highways and town ways in
his limits, according to his best discretion. And the sur-
veyor, at the expiration of his term, shall render to the
Assessors, for the time being, a list of such persons as
shall have been deficient, (if any such there be) in work-
ing out their highway rate ; or otherways paying him the
sum assessed therefor; which deficient sums, shall by the
Assessors be put in a distinct column, in the next assess-
ment for the town tax, and collected by the Constable or
Collector thereof, as other town taxes are collected and
paid into the town treasury, for the use of the town.

And be it further enacted by the authority aforesaid,
that when' the sum appropriated and assessed for the re- when the sum

/» , i i • i -i . .1 ,. .. /. assessed, shall

pair or the highways and town ways, in the limits ot any be insufficient,
particular surveyor, shall not fully answer, or be insuffi- powe/insuch
cient for that purpose, it shall be lawful for the surveyor cases-
with the consent of the Selectmen, or the major part of
them, where such deficiency happens, to employ such of
the inhabitants of the town, upon the repair of the ways
in his limits, as shall make up that deficiency ; and the
persons thus employed shall be equitably paid out of the
town treasury therefor.

And be it further enacted by the authority aforesaid,
that it shall be lawful for any person to pull down and ?°c"™!^!!fe*

*J k L 111 OT HCIOoB all J

remove any gates, rails, bars or fence, upon or across any roads, &c. may

... J ° ' ' * J be pulled down

highway or county road, unless such gate, bars or tence or removed by
have been erected or continued by the leave and licence anype11
of the Court of General Sessions of the Peace, for the
same County ; and if any such incumbrance be in or
across any private way, the same may be removed by the
order of some Justice of the Peace, of the same County,

250

1786. — Chapter 81.

When any in-
cumbrance shall
be adjudged a
nuisance, costs
of prosecution
how levied.

Damage hap-
pening through
defects in ways
or bridges, shall
be made good by
the county or
town.

unless the gate or bars were erected or continued by the
leave of the town, or the person or persons for whose
particular use and benefit the private way was laid out :
And any person aggrieved by the removal of such gate,
bars or fence, shall be relieved at the Court of General
Sessions of the Peace, for the same County, if upon ex-
amination it shall appear, that the same were erected or
continued by licence or leave as aforesaid.

And be it further enacted by the authority aforesaid,
That wheu any building, fence, or other incumbrance
erected, or continued on any town, or private way, or on
any public highway, a common training-field, burying-
place, landing-place, or other piece of land, appropriated
for the general use, ease, or convenience of the commu-
nity at large, or the inhabitants of any county, town,
district, parish or precinct, shall, by any Court having
cognizance thereof, be adjudged and determined a nui-
sance, and ordered to be abated, in case the materials of
such building, fences or other incumbrance, upon a pub-
lic sale thereof at auction, shall be insufficient to pay the
costs and charges of prosecution and removal, the Court
from whence the process for removal shall issue, shall and
may order the deficient sum to be raised and levied from
the goods and chattels of the person or persons who shall
be convicted of erecting or continuing the same.

And be it further enacted by the authority aforesaid,
that if any person shall lose a limb, break a bone, or re-
ceive any other injury in his person, or in his horse, team,
or other property, through any defect, or want of neces-
sary repair and amendment of any highway, causeway, or
bridge ; the person or persons injured thereby, shall and
may recover of the county, town, the person, or persons,
who are by law obliged to keep the same highway, cause-
way, or bridge in repair, in case they had reasonable
notice of the defect, double the damages thereby sustained,
by a special action of the case, before any Court proper
to hear and determine the same. And if the life of any
person shall be lost through the deficiency of the way,
causeway, or bridge, or for want of rails on any bridge,
the county, town, or persons who are by law obliged to
repair and amend the same, shall be liable to be amerced
in one hundred pounds, to be paid to the executor or ad-
ministrator of the deceased, for the use of the heirs, de-
visees or creditors, upon a conviction before the Court of

1786. — Chapter 81. 251

General Sessions of the Peace, or Supreme Judicial Court,
on a presentment or indictment of the Grand Jury. Pro- Proviso.
vided, The County, Town or other person or persons, who
of right ought to maintain and keep the same in repair,
had been previously notified of such want of repair, and
amendment, in writing, under the hands of two or more
credible witnesses, or by the presentment of the Grand
Jury, or by information of the Attorney-General, or the
person acting for the Government in his absence, filed
in the Court of General Sessions of the Peace, or the
Supreme Judicial Court.

And be it further enacted by the authority aforesaid,
that if any town shall neglect to vote or agree upon a sum, if towns neglect
to be assessed for the express purpose of repairing and assess^ s'vuTfor
amending the highways and town-ways, or shall not other- SghtayB.&o!16
wise provide for effectually amending and repairing such surveyors to

i J o I o assign each per-

ways, each surveyor shall assign to the several persons in son his rateable
his limits, their rateable proportion of days work, and of
cart, team and plough, according to his real and personal
property, as near as he can, and shall assign certain days To assign cer-

n -,• ^ . . ,i i • 1, tain clays for

lor amending and repairing the ways, having regard to working.
the season of the year, and give notice thereof to the per-
sons in his limits, upwards of sixteen years of age and
liable by law to be taxed, six days at least before the time
assigned (except in extraordinary cases) to attend the
service with suitable tools, and with carts and teams (if
any they have) the notice to be in writing and delivered
the person, or left at his usual place of abode ; and if any
person being thus notified, shall make default of attending
and working, by himself or other sufficient person in his
stead, or with his cart and team, as he shall be appointed
and assigned, he shall forfeit and pay five shillings for Penalty for de-
each day's neglect, and for default of his cart and team ing&working!
with a driver, ten shillings a day, and in that proportion
for a longer or shorter space of time, one moiety to the
use of the town, to be expended on the highways and
town-ways as the selectmen shall order, and the other
moiety to the use of the Surveyor, to be recovered by
complaint, before any Justice in the same county. Pro- Proviso.
vided the same be made in one year, after the forfeitures
are incurred, and not afterwards, according to the form
hereafter prescribed : in which prosecution, the Surveyor
may be admitted as an evidence, as to the time and man-
ner of notice, and the quantum of labour assigned to the

252 1786. — Chapter 81.

adverse party. And the penalties incurred by servants
or minors, shall be recovered of the patents, masters, or
guardians, under whose immediate care and controul they
may then be.

And be it further enacted by the authority aforesaid,
that the following shall be the form of the surveyor's com-
plaint to a Justice upon such occasion, viz.

Form of thesur- To A. B. one of the Justices of the Peace for the county

veyor s com- . 0 . . _, _ _ __, . . ~ •*

piaiut to a jus- or o. complains (J. 1) . ot Li. in the same County

tice

[addition] and one of the surveyors of highways in
the said town of Ii. for the year duly appointed

and sworn, that P. D. of R aforesaid [addition] a
person by law liable to work on the highways, (or
/S. D a son or servant, or ward, as the case may be)
within the limits assigned the complainant, in the
same town, was assessed days (or with his cart,

team, &c. as the case may be) and was duly notified
to attend, and work out the same on the day or

days of , yet the said P. D. did not appeal-

arid work in person, nor did he send a sufficient sub-
stitute in his stead, but made default therein, whereby
he hath forfeited, and ought to pay to the complain-
ant, the sum of , one moiety to the use of the
said town of /?, to be expended on the highways and
town ways therein, as the selectmen thereof shall
direct, and the other moiety to the use of the com-
plainant ; wherefore he prays that the said P. D.
may be cited to appear, at a short day, to shew cause
(if any he has) wherefore a warrant^of distress ought
not to issue, to levy the said forfeitures, upon the
goods and estate of the said P. D. and in want
thereof on his body, with reasonable costs, &c.

C D.
justice may Upon which complaint, the Justice may issue a warrant

issue a warrant I 1 ' J

to notify the to some sworn Officer, to notify the respondent, at a time

respondent, \c. ,. , . . ^ l .,

and place therein mentioned, to appear and shew cause
(if any he has) wherefore a warrant of distress should not
issue. Which warrant may be served by reading the same
with the complaint annexed, to the respondent, seven
days at least before the 'day assigned for a hearing, or
leaving an attested copy thereof, at the respondent's usual
place of abode, seven days or more before the day of trial.
And if the respondent being notified as aforesaid, shall

1786. — Chapter 81. 253

not appear, or appearing, shall not in the opinion of the if the respond-
Justice (from whose determination herein no appeal shall appear, &c°. a
be made) shew sufficient cause, he shall enter up Judg- ueM*htiifiMne.
ment thereon that a warrant of distress issue for such,
or so much of the sums prosecuted for, as shall appear
forfeited, and costs. But in case the respondent shall
make it appear, that he was unreasonably assessed, or that
he was not duly notified thereof, or shall make any other
legal or sufficient excuse to exempt him fully from the
forfeitures, the Justice shall enter up judgment that the re-
spondent be acquitted and discharged from the forfeitures,
for which he is now prosecuted, and that he recover against
the complainant his costs. And the warrant of distress
for levying the forfeitures, when the same shall appear to
be incurred, shall run in the form following, Viz.

warrant.

[Seal.] S SS. Form of the

To the Sheriff of the County of 8. or his Deputy,

or Constable of the Town of R. in said County,

Greeting.
Whereas P. D. of R. aforesaid (addition) on the
day of did not appear before me A. B. Esqr.

one of the Justices of the Peace for the County of S.
to answer the complaint of C. D. of said R. (addi-
tion) and one of the surveyors of highways for said
town, for the year for not working on the high-

ways and town ways, in said town as he was assigned
by the said C. D. who requested a warrant of distress
to issue, for the sum of shillings, incurred by his
neglect in that behalf, and for his costs, agreeably to
the statute in that case made and provided, although
duly summoned for that purpose [or appearing before
me, A. B. Esqr. one of the Justices of the Peace for
the County of #. to answer to the complaint of C. D.
of said R. (addition) and one of the surveyors of
highways in said town for the year for not work-
ing (in person, or with his team and cart, &c.) on
the highways and town ways in said town, as he was
assigned by the said C. D. did not shew sufficient
cause, wherefore a warrant of distress should not
issue for the sum of shillings, incurred by his

neglect in that behalf, and for costs, agreeably to the
. statute in that case made and provided] and judg-
ment was thereupon rendered that a warrant of
distress should issue for shillings, being the

254 1786. — Chapter 81.

forfeiture thus incurred, one moiety thereof to the
use of the town of li. to be expended on the high-
ways and town ways therein, as the selectmen thereof
shall order, and the other moiety for the use of the
said C. D. and cost taxed at which judg-

ment is now in full force. You are therefore, in the
name of the Commonwealth of Massachusetts, hereby
commanded, that you cause to be paid and satisfied
in money, to the said 0. D. by distress and sale of
the goods and chattels of the said P. D. the aforesaid
sums, amounting in the whole to and one shilling
and six pence more for this precept, together with
your own legal fees (returning the overplus to the
said P. D. if any there be) and for want of goods
and chattels of the said P. D. to be by him shewn
unto you, or found in your precinct, sufficient to
levy the sums aforesaid, you are to take the body of
the said P. D. and him commit to the common goal
of the said County of 8. and the Keeper thereof is
directed to detain him there until he pay the sums
aforesaid, with your legal fees, or he be therefrom
discharged by order of Law : Hereof fail not, and
make due return of this precept with your doings
thereon, unto myself, within forty days next coming.
Given under my hand and seal at R. aforesaid, this
day of Anno Domini, 17

A. B. Justice of Peace.

And be it further enacted by the authority aforesaid,

if surveyors that each Surveyor of highways, who shall accept the said

ne^ect their ^rust, an(j gnan neglect his duty therein, shall forfeit and

Forfeiture. pay for each neglect, the sum of tl tree pounds , one moiety

to him that will prosecute therefor, and the other moiety to

the use of the town whereof the delinquent is a surveyor,

to be recovered by action of debt, before any Justice of

the Peace for the same County.

And be it further enacted by the authority aforesaid,
in case inhabi- That in case the inhabitants of any town, shall be fined
for deficiency iu upon the presentment of the Grand Jury, or upon the
sufve^ms' shaii information of the Attorney General, or the person acting
for the Government in his absence, for a deficiency in the
highways, the Surveyor, within whose limits the deficient
ways are, shall be liable to refund the same, with all costs
to the said inhabitants, upon an action of the case to be
brought therefor. Or the Surveyor of highways may be

be liabl
refund thesarae

1786. — Chapter 82. 255

prosecuted on presentment or information as aforesaid,
and fined for any deficiency that may arise in his limits.
And the inhabitants of any town merely as such, shall not
be excluded from being Witnesses, upon any prosecutions
upon this Statute, upon a supposition of being interested
as members of the corporation.

Provided nevertheless , that nothing in this Act shall be Proviso.
so construed, as to give power to any Surveyor or other
persons, to remove or pull down any fence which may be
lawfully set up, or erected upon, or across any way, for
the purpose of preventing the spreading of infectious
disorders.

This Act to be in force from and after the first day of
September, one thousand seven hundred and eighty seven.

March 5, 1787.

1786. — Chapter 82.

[January Session, ch. 30.]

AN ACT FOR INCORPORATING THE PLANTATION CALLED LIMER-
ICK, IN THE COUNTY OF YORK, INTO A TOWN BY THE NAME
OF LIMERICK.

Chap. 82

Whereas the inhabitants of the said Plantation, have Preamble.
represented, and it appears to this Court, that they labour
under many and great inconveniences, by reason of their
unincorporated state.

Be it therefore Enacted by the Senate and House of
Representatives , in General Court assembled, and by the
authority of the same, That the Plantation aforesaid, Boundaries.
bounded as follows, viz. beginning at a place called the
Riplings, on Little Ossipee River ; thence running north
northwest, five miles, one hundred and seventy seven
poles ; thence west southwest, three miles and one hun-
dred poles to Parsonfield line ; thence on said line, one
mile, one hundred and twenty poles, to a tree marked on
four sides, which is the east corner of said Parsonfield ;
thence south by west, two miles and forty poles, on the
line between said Limerick and a Plantation called Wash-
ington, to said Little Ossipee River; thence running-
down the middle of said River, to the first mentioned
bounds, containing about thirteen thousand acres, be and
hereby is erected into a Town by the name of Limerick;
and that the inhabitants thereof be and they hereby are Inve8ted with
vested with all the powers, priviledges and immunities powers, &c.

256 1786. — Chapter 83.

which the inhabitants of Towns within this Commonwealth
do, or may by law enjoy.

Esq^tocana' And Be it further enacted, that Jeremiah Hill, Esqr.

meeting. be, and he herebj' is empowered, to issue his Warrant, to

some principal inhabitant of the said Town, requiring him
to notify and 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 months of March or April, annually.

Proviso. Provided always, that this Act shall be so construed, as

not to affect the claim of this Commonwealth, or any cor-
porate bod}r or private person whatever, to the said
Plantation, or any part thereof, if any such claim exists.

March 6, 1787.

1786.— Chapter 83.

[January Session, ch. 31.]

Chan 83 AN ACT F0R incorporating a plantation in the county

^ ' ' OF YORK, CALLED MASSABESEC, BY THE NAME OF WATER-

BOROUGH.

Preamble. Whereas the inhabitants of a Plantation in the County

of York, called Massabesec, labour under many inconven-
iences for want of being incorporated, and have petitioned
this Court to be incorporated into a Town:

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

Boundaries. tjie samei> That the said Plantation, with the inhabitants
thereof, bounded as follows, viz. Beginning at the north-
erly corner of Coxhall; thence running north eleven de-
grees and an half west, five miles and three quarters of
a mile, to the River called Little Ossijjee: thence westerl}'
by the same River to the northeast corner of Shajjleigh;
thence southerly by Shapleigh and Sanford, to the west-
erly corner of Coxhall aforesaid, then northeasterly by
said Coxhall, to the bounds first mentioned, be and hereby
is incorporated into a Town by the name of Waterborough,
and invested with all the powers, privileges and immuni-
ties, which other Towns in this Commonwealth are intitled
to by Law.

Proviso. Provided, that nothing in this Act shall be so construed,

as to affect the right of soil, to any lands within the limits
aforesaid. .

1786. — Chapters 84, 85. 257

And be it further enacted by the authority aforesaid, that weiisnEs r- to
Nathaniel Wells, Esqr ; be, and he hereby is empowered, can a meeting.
to issue his warrant to some principal inhabitant of said
town, requiring him to warn the inhabitants of said Town,
qualified according to law, to vote in Town affairs, to
assemble at such time and place within the same Town, as
shall be appointed by such warrant, to choose all such
Officers as other Towns within this Commonwealth are
empowered to choose, in the month of March or April
annually ; and the said inhabitants so assembled are hereby
empowered to choose such Officers according.

March 6, 1787.

1786. — Chapter 84.

[January Session, ch. 34.]

AN ACT PROVIDING AN ESTABLISHMENT FOR THE ATTORNEY- Chan. 84

GENERAL. 1 '

Be it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the
same, That the allowance to be made to the Attorney
General, for his services the year next ensuing, com-
mencing from the passing of this Act, be the sum of three
hundred pounds, and the same shall be paid him out of
the public Treasury.

And be it further enacted by the authority aforesaid,
That in taxing bills of costs in criminal prosecutions, the
sum of fifteen shillings, shall be taxed in each bill of costs,
instead of the fee established by Law, for the travel of the
Attorney General, and all the fees received by the said
Attorney General, in and by virtue of his said Office,
shall be accounted for by him. March 8, 1787.

1786. — Chapter 85.

[January Session, ch. 35.]

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT FOR CllCtJ). S5
RENDERING PROCESSES IN LAW LESS EXPENSIVE. l '

Whereas in and by the Act entitled, " An Act for ren- Preamble.
dering processes in law less expensive," it is enacted, " That
all ivrits and summonses issued by virtue of this act, shall
be issued by a Justice of the Peace, in the County where
the debtor or defendant resides : "

258 1786. — Chapter 85.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the
clause repealed, name, that the said clause in the Act aforesaid, be re-
pealed, and that all writs and summonses issued by virtue
of the Act aforesaid, shall and may be issued by a Justice
of the Peace, in the County where either the plaintiff or
the defendant may reside ; and the said writs and sum-
monses may run into any County or Place, and are hereby
made awardable into any County or place in this Com-
monwealth, and shall be there executed by the Sheriff,
Deputy Sheriff, or Constable to whom they shall be
directed.
SdTc^ow Be it further enacted by the authority aforesaid, that all
commenced. processes of replevin, and all processes upon an Act, en-
titled 4' An Act to enable creditors to receive their just
debts out of the effects of their absent or absconding
debtors," shall be commenced and prosecuted before the
Court of Common Pleas, in the same manner as if the Act
entitled, "An Act for rendering processes in law less
expensive," had never been made. March 8, 1787.

ACTS AND LAWS,

PASSED BY THE GENERAL COURT OF MASSACHUSETTS }
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF
SUFFOLK, ON WEDNESDAY THE THIRTY-FIRST DAY OF
MAY, ANNO DOMINI, 1786; AND FROM THENCE CON-
TINUED, BY PROROGATION AND ADJOURNMENTS, TO
WEDNESDAY THE TWENTY-FIFTH DAY OF APBIL, 1787.

1786. — Chapter 86.

[April Session, ch. 1.]

AN ACT FOR REPEALING ANY ACTS, OR PARTS OF ACTS HERE- f1]inrt Q(\
TOFORE PASSED BY THE LEGISLATURE OF THIS COMMON- KjflaP' OU
WEALTH, WHICH MAY MILITATE WITH, OR INFRINGE THE
TREATY OF PEACE, ENTERED INTO BY THE UNITED STATES
OF AMERICA, AND GREAT BRITAIN.

Whereas certain laws or Statutes, made and passed in preamble.
some of the United States, are regarded, and complained
of as repugnant to the Treaty of Peace with Great Britain,
by reason whereof not only the good faith of the United
Slates, pledged by that Treaty, has been drawn into ques-
tion, but their essential interests, under that treaty, greatly
affected. And whereas justice to Great Britain, as well as
regard to the Jionour and interests of the United Stales,
require, that the said Treaty be faithfully executed, and
that all obstacles thereto, and particularly such as do or
may be confirmed to proceed from the Laws of this Com-
monwealth, be effectually removed: Therefore

Be it Enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority of
the same, that such of the Acts, or parts of Acts, of the Acts repugnant
Legislature of this Commonwealth, as may be repugnant re^eaied^'
to the Treaty of Peace, between the United States and
his Britannic Majesty, or any article thereof, and so far
as they may be repugnant thereto, shall be, and hereby

260 1786. — Chapter 87.

are repealed : and further, that the Courts of Law and
equity within this Commonwealth, be, and they hereby
are directed and required, in all Causes and questions
cognizable by them respectively, and arising from, or
touching the said Treaty, to decide and adjudge accord-
ing to the tenor, true intent and meaning of the same ;
any thing in the said Acts, or parts of Acts, to the con-
trary thereof, in any wise notwithstanding.

April 30, 1787.

1786. — Chapter 87.

[April Session, ch. 2.]

CJiajJ. 87 AN ACT F0R ALTERING A PART OF THE BOUNDARY LINE,
-* ' BETWEEN THE TOWNS OF BOSTON AND ROXBURT, AND

FOR RATIFYING AN AGREEMENT MADE BETWEEN THE
SAID TOWNS FOR THAT PURPOSE.

Preamble. Whereas that part of the boundary line between the

towns of Boston and Koxbury, which crosseth Lamb's
Meadow (so called) is nearly obliterated, and the Select-
men of the said towns have petitioned this Court, that a
new direct line may be established in lieu thereof, agre-
ably to apian mutually agreed on by the said towns, and
it appearing reasonable that the said agreement should be
ratified and confirmed:

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

Agreement rati- authority of the same, that the agreement entered into

firmed.dcon" between the towns of Boston and Roxbury, for altering
that part of the boundary line between the said towns,
which crosseth Lamb's meadow (so called) be, and the
same is hereby ratified and confirmed.

And be it further enacted by the authority aforesaid,

Boundary line. That a line in lieu of the aforesaid obliterated boundary
line, shall in all future perambulations thereof, be run in
the following manner, that is to say — By a straight line
in the same direction with the present line from the road
leading from Boston to Roxbury, from the most easterly
boundary marked stone in the said Lamb's meadoiv, one
chain and forty-one links ; thence turning and running
north fifty eight degrees ea.st, by a straight line across
the said meadow, until it strikes the ancient boundary
mark in Lamb's dam (so called.) April 30, 1787.

1786. — Chapter 88. 261

1786. — Chapter 88.

[April Session, ch. 3.]

AN ACT FOR NATURALIZING EDWARD WTER, AND OTHERS, Chaj). 88
THEREIN NAMED. ^'

Whereas Edward Wyer, David Greene, and Thomas Preamble.
English, have petitioned the General Court, that they and
their families, may be naturalized, and be thereby intitled
to all the rights and privileges of free Citizens of this
Commonwealth :

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 the afore named Edward Wyer, and Edward wyer,
Alice his wife, Edward Wyer, junr. and William Wyer, naturalized.
his children ; David Greene, and Rebecca his wife, John
Rose Greene, David Ireland Greene, Charles Winstone
Greene, and Rebecca Greene, his children ; and Thomas
English; they the said Edward Wyer, David Greene,
and Thomas English, first taking and subscribing the oath
of allegiance to this Commonwealth, before two Justices
of the Peace, quorum unus, shall be deemed, adjudged
and taken, to be free Citizens of this Commonwealth, and
entitled to all the liberties, privileges and immunities, of
natural born subjects.

And be it farther enacted by the authority aforesaid,
that the Justices, before whom the persons afore named, certificate of
may respectively take the oath aforesaid, shall return a returned. e
certificate of the same, into the Secretary's Office, to be
entered on the Records of this Commonwealth.

May 1, 1787.

RESOLVES

GENERAL COURT

Commonwealth of Massachusetts.

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK,

ON WEDNESDAY THE THIRTY-FIRST DAY OF

MAT, ANNO DOMINI, 1786.

BOSTON :
PRINTED BY ADAMS AND NOURSE,

Printers to the Honorable General Court.

M,DCC,LXXXVI.

Reprinted by Wright & Potter Printing Company, State Printers.

1893.

RESOLVES

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS:

TOGETHER WITH THE MESSAGES OF HIS EXCELLENCY
THE GOVERNOUR TO THE SAID COURT :

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK,
ON WEDNESDAY THE 31st DAY OF MAT, AXXO DOMIXI,

1786.

His Excellency JAMES BOWDOIN, Esq ;

Gorernour.

His Honour THOMAS CUSHING, Esq ;

Lieutenant-Governour.

COUNCELLORS.

Honorable Walter Spooner, Honorable Edward Cutis,
Samuel Holten, John Bliss,

Moses Gill, Abraham Fuller,

Nathan Cushing, Benjamin Austin,

Jonathan Greenleaf, Esq'rs.

Esq's.

The following are the Names of the Gentlemen who compose the two
Branches of the GENERAL COURT, viz.

SENATORS.
Hon. SAMUEL PHILLIPS, jun. Esq; President.

County of Suffolk. County of Essex.

Hon. Samuel Adams, Hon. Stephen Choate,

William Phillips, Samuel Phillips, jun.

Cotton Tufts, Benjamin Goodhue,

Stephen Metcalf, Tristram Dalton, Esq'rs.

Richard Crauch, Esq'rs.

266 1786. — May Session.

SENATORS— Concluded.
County of Middlesex. Dukes-County & Nantucket.

Hon. Eleazer Brooks, Hon. Peleg Coflin, jun. Esq ;

James Prescott,

Joseph Hosmer, County of York.

Joseph B. Varnum, Esq'rs. Hon. Nathaniel Wells, Esq ;

County of Hampshire. County of Worcester.

Hon. Caleb Strong, Hon. Samuel Baker,

Oliver Phelps, Seth Washburne,

David Saxton, Esq'rs. Abel Wilder,

Israel Nichols, Esq'rs.

County of Plymouth.
Hon. Charles Turner, County of Cumberland.

Hugh Orr, Esq'rs. Hon. Josiah Thatcher, Esq ;

County of Barnstable. County of Lincoln.

Hon. Solomon Freeman, Esq; Hon. Waterman Thomas, Esq;

County of Bristol. County of Berkshire.

Hon. Thomas Durfee, Hon. Thomson J. Skinner,

Elisha May, Esq'rs. Elijah Dwight, Esq'rs.

MEMBERS OF THE HOUSE OF REPRESENTATIVES.

Hon. ARTEMAS WARD, Esq; Speaker.

For the County of Suffolk.

f Hon. Caleb Davis, Cohasset, Thomas Lothrop, Esq;

ta I Hon. Samuel A. Otis, Esq ; Dedham, Mr. Nathaniel Kingsbury,
O I Thomas Dawes, Esq ; Medfield,

S { Leonard Jarvis, Esq ; Stoughton, James Endicot, Esq ;

O I Samuel Breck, Esq ; Sharon, Mr. Joseph Hewins,

^ | Jonathan Mason, Esq ; Bellingham,

\ John Coffin Jones, Esq; Medway,

Roxbury, Mr. Thomas Clarke, Wrentham, Capt. Benj. Shephard,

Dorchester, James Bowdoin, jun. Brookline, Mr. John Goddard,

Esq; Needham,

Milton, Walpole, Seth Bullard, Esq ;

Braintree, Col. Ebenezer Thayer, Chelsea,

jun. Hull,

Weymouth,Kon. Cotton Tufts, Esq ; Franklin, Hon. Jabez Fisher, Esq ;
Hingham, Capt. Theophilus Cush- Foxborough,

County of Essex.

Salem, Mr. Richard Ward, Neivbury-Port, Hon. J. Titcomb,

Mr. Ebenezer Beckford, Esq ;

Mr William Pickman, Stephen Cross, Esq ;

William Vans, Esq ; Marblchead, Hon. Elbridge Gerry,
Danvers, Col. Israel Hutchinson, Esq ;

Ipswich, John Choate, Esq; Jonathan Glover, Esq;

Mr John Treadwell, Richard Harris, Esq ;

Newbury, Samuel Moody, Esq ; Mr. Burrill Divereux,

1786. — May Session.

267

EEPRESENTA TIVE8 — Continued.
County of Essex — Concluded.

Lynn & Lynnfield, Mr. John

Carnes,
Andover, Joshua Holt, Esq ;
Beverly, Larkin Thorndike, Esq ;

Mr. Joseph Wood,
Roioley, Capt. Thomas Mighill,
Salisbury, Mr. Joseph March,
Haverhill, Capt. Nathaniel Marsh,
Gloucester, Col. Joseph Foster,

Topsfield, Capt. Stephen Perkins,
Amesbury, Mr. Peleg Challis,
Bradford, Peter Russell, Esq;
Methuen, Capt. David Whither,
Boxford, Capt. Isaac Adams,
Wenham,
Manchester,
Middleton,

County of Middlesex

Cambridge, Samuel Thatcher, Esq ; Westfor d,

Charlestown, Waltham, Mr. Leonard Williams,

Watertown, Jonathan Brown, Esq ; Stow and Boxbury,

Woburn, Samuel Thompson, Esq ; Oroton,

Joseph Hosmer,

Abraham Fuller,

Shirley,

Pepperell,

Townshend,

Dractit,

Bedford,

Concord, Hon.

Esq;
Newton, Hon.

Esq;
Reading, Mr. Benjamin Upton,
Marlborough, Col. Edward Barns, Holliston,
Billerica, Acton and Carlisle,

Framingham, Major Jonathan Dunstable,

Hale, Lincoln,

Lexington, Benjamin Brown, Esq; Wilmington,
Chelmsford, Hon. Eben. Bridge, Tewksbury,

Esq;
Sherburne,

Sudbury, Capt Asahel Wheeler,
Maiden, Ezra Sargeant, Esq ;
Weston, Mr Samuel Fisk,
Medford, Major-General J. Brooks,
Hopkinton, Capt. Walter McFar-

land,

County of Hampshire

Littleton,

Ashby,

Stoneham,

Natick,

East- Sudbury , J oseph Curtis, Esq ;

Springfield, Samuel Lyman, Esq ;

West- Springfield, Capt. J. Willis-
ton,

Wilbraham, Capt Phinehas Steb-
bins,

Northampton, Dr. Ebenezer Hunt,
Mr. Benj. Sheldon,

South-Hadley,

Amherst,

Granby,

Hatfield, Hon. John Hastings, Esq ;

Whateley,

Williamsburg, Mr. William Bod-
man,

Westfield, Maj. Gen. W. Shephard,
Mr. Samuel Fowler,

Deerfield, Mr. John Williams,

Conway, Mr. Robert Hamilton,

Sunderland,

Brimfield, Caj)t. Joseph Browning,

S. Brimfield & Holland,

New-Salem, Mr. William Page,

Ashfield, Capt. Elisha Cranson,

Wo'rthington,

Chesterfield,

Chesterfield Gore,

Suffield,

Monson, Capt. Joshua Shaw,

Pelham,

Hadley, Capt. Oliver Smith,

Palmer, Capt. David Spear,

Montague, Capt Moses Harvey,

Norlhfield, Mr. Aaron Whitney,

Belchertown,

268

1786. — May Session.

REPRESENTATIVES— Continued.
County of Hampshire — Concluded.

Colrain, Hugh McClallen, Esq ;
Charlemont,

Shelburne,

Southwick, Dr. Isaac Coit,

Granville, Capt. William Cooley,

Timothy Robinson, Esq ;
Greenfield, David Smead, Esq ;
Greenwich,
Southampton,
Warwick & Orange, Mr. Savel Met-

calf,
Blanford, Mr. Robert Blair,
Ware,
Leverett,
Chester, Mr. Jesse Johnson,

Bemardston,

Shutesbury,

Orange,

Enfield,

Somers,

Ludloio,

Norwich,

Westhampton,

Rowe,

Heath,

Plainfield,

Buckland,

Cummington, Capt. William Ward,

Long-Meadow, Col. Gideon Burt,

East-Hampton {District)

County of Plymouth.

Plymouth, Joshua Thomas, Esq ;
Scituate, Israel Vinal, Esq;

Col. William Turner,
Duxbury,

Marshfield, Samuel Oakman, Esq ;
Bridgwater, Mr. Daniel Howard,
Middleboro\ Mr. Isaac Thompson,
Rochester, Col. Ebenezer White,

Plympton, Capt. Francis Shurtliff,

Pembroke, Capt John Turner,

Kingston, Capt. Eben. Washburn,

Abington, Samuel Brown, Esq ;

Hanover, Mr. David Jacobs,

Halifax,

Wareham, Capt. Daniel Nye,

County of Barnstable.

Barnstable, Mr. Lot Nye,

Sandwich, Mr. Stephen Nye,

Yarmouth, Capt. Atherton Hall,

Eastham,

Harwich, Capt. Kimbal Clark,

Wellfleet, Mr. Jeremiah Bickford,

Falmouth,

Truro,

Chatham,

Province- Town,

County of Bristol.

Taunton, Mr. Nicholas Baylies, Dighton, Mr. Elhanah Andrews,
Rehoboth, Stephen Bullock, Esq ; Freetown, Mr. Nathan Dean,
Swansey, Mr. Clmstopher Mason, Rainham, Mr. Josiah Dean,
Dartmouth, William Davis, Esq ; Easton,

Norton, Seth Smith, jun. Mansfield, Capt. Benjamin Bates,

Attleboro\ Capt. Ebenezer Tyler, Berkley, Samuel Tobey, Esq ;

County of York.

York, John Swett, Esq ; Fryeburg, Mr.

Kittery, Mr. Joshua Hubbard, Coxhall,

Wells, Col Noah M. Littlefield, Massabeseck,

Berwick, John Hill, Esq ; Limerick,

Arundell, Brownfield,

Biddeford, Jeremiah Hill, Esq ; Little-Falls,

Pepperellboro\ Mr. Samuel Scam- Shajrteigh,

man, Parsons field,

Buxton, IMtlc-Ossipee,

Lebanon, Mr. Joseph Farnham, Washington,

Sanford, Major Caleb Emery, Francisboro\

Moses Ames,

Planta-
tions.

1786. — May Session. 269

REPRESENTATIVES— Continued.
County of Dukes County.

Edgartown, Mr. William Jarnigan, Tisbury, Mr. Benjamin Allen.
Chilmark, Matthew Mayhew. Esq ;

County of Nantucket.
Sherburne, Mr. George Hussey.

County of Worcester.

Worcester, Capt. Samuel Brooks, Harvard,

Lancaster, Capt. Ephraim Carter, Bolton,

Woodstock, Sturbridge,

Mendon, Col. Benjamin Read, Hardivich, Capt. John Hastings,

Brookfield, Mr. Daniel Forbes, Western, Capt. Isaac Gleason,

Oxford, Capt. Jeremiah Learaed, Leominister, Major Timothy Bou-

Charlton, tell,

Sutton, Col. Timothy Sibley, Holden, Mr. Israel Davis, jun.

Leicester, Hon. Seth Washburn, Douglass,

Esq ; Grafton, Dr. Joseph Wood,

Spencer, Petersham, Jonathan Grout, Esq ;

Rutland, Royalston,

Oakham, Westminster, Abner Holden, Esq ;

Hiibbardston, Mr. William Muzzj7, Athol,
New-Braintree, Capt. Artemas Templeton,

Howe, Princeton, Hon. Moses Gill, Esq;

Soulhborough, Jonathan Ward, Ashburnham,

Esq ; Winchendon, Abel Wilder, Esq ;

Westborough, Capt. Stephen May- Upton,

nard, Dudley,

Northborough, Paxton, Hezekiah Ward, Esq ;

Shrewsbury, Hon. Artemas Ward, Barre, Mr. Isaac Tobey,

Esq ; Ward,

Lunenburgh, Milford,

Fitchburg, Sterling, Capt. Benjamin Richard-

Uxbridge, Seth Read, Esq ; son.

Northbridgc,

County of Cumberland.

Falmouth, Joseph No}Tes, Esq ; Windham,

John Frothingham, Esq; New -Gloucester,

North-Yarmouth, David Mitchel, Gray,

Esq ; Pearson-Toion,

Scarborough, Joshua Faber, Esq ; Royalsborough,
Gorham, Josiah Thatcher, Esq; Raymond' s-Town,
Cape-Elizabeth, Baker' 's-Town,

Brunswick, Capt. John Minot, Sylvester,

Ilarpswell, Bridgetown,

County of Lincoln.

Poumalborough, Mr. David Silves- Boivdoinham, Mr. Zacheus Beal,

ter, Booth-Bay,

George-Town, John Stinson, Esq; Bristol, William Jones, Esq ;
New-Castle, Major John Farley, Vassalborough,
Woolwich, Samuel Harnden, Esq ; Winthrop, Mr. Jonathan Whiting,
Topsham, Winslow,

270 1786. — May Session.

REPRESENTATIVES — Concluded.
County of Lincoln — Concluded.

Waldoborough, Walpole,

Edgcomb, Norwich- Walk,

Hallowell, Dr. Daniel Cony, Lewistown,

Belljast, Wales,

Warren, Mr. Alexander Larmond, Meduncook,
Thomas- Town, Howardstown,

Bath, Rev. Francis Winter, Sterlington,

Pittstown, Major Reuben Colburn, Ballstown,
St. George's, Machias.

County of Berkshire.

Sheffield, and Mt. Washington, Egremont, CajDt. Oliver Pier,
John Ashley, ju. Esq ; Tyringham,

John Fellows, Esq ; Saudisfield, Mr. James Ayrault,

Great- Bar rington, Mr. Thomas Beckel,

Ives, Gageborotigh,

Partridgefield, Hancock,

New-Marlboro\ Capt. Daniel Tay- Richmond, Mr. William Lusk,

lor, Loudon,

Williamstown, Thomson J. Skin- Washington,

ner, Es. West-Stockbridge,

Lanesboro\ Hon. James Barker, Alford,

Esq ; Adams, Capt. Israel Jones,

Mr. W. Starkweather, Ashualet-Equivalent,

Pittsfield, Dr. Timothy Childs, New-Ashford,

Lenox, Capt. Enos Stone, Lee, Ebenezer Jenkins, Esq;

Stockbridge, Hon. John Bacon, Windsor, William Clark, Esq;

Esq;

Thursday, June 1, 1786.

The committee of both Branches of the Legislature, ap-
pointed to examine and count the votes returned for
Governour and Lieutenant-Go vernour, for the year
ensuing, reported the whole number for Governour to
be 8231, of which his Excellency James Bowdoin, Esq ;
had 6001 — and for Lieutenant-Governour, the whole
number to be 7429, whereof his Honour Thomas dish-
ing, Esq; had 5651. A committee of both Houses
having waited on his Excellency and his Honour, and
informed them of their election, a time was assigned
for declaring their acceptance, and qualifying them-
selves agreeable to the constitution. At four o'clock,
P. M. they accordingly met both Houses, convened in
the Senate-Chamber, when his Excellency addressed
them as follows :

1786. — May Session. 271

Gentlemen of the Senate, and Gentlemen of the House of
Rep rese n tatives .

The election to any respectable office, when made by a
free, independent, and enlightened people, is an honour
to the subject of it ; and the honour rises in proportion
to that respectability.

This reflection excites in my mind the warmest senti-
ments of respect and gratitude to my brethren, the good
people of this Commonwealth, for the distinguishing
honour they have conferred, by placing me in the Chair
of Government. As it demonstrates their approbation of
my past administration, it will be a stimulus to persever-
ance in that line of conduct, which has been honoured
with it.

Permit me, Gentlemen, to thank you for the polite
manner, in which you have notified me of the election ;
and to assure you, that I shall most readily co-operate
with you, in every measure contributive to the happiness
and prosperity of the Commonwealth.

In confidence of your aid upon all necessary occasions,
I accept the important office, to which the public suffrages
has called me ; and am ready to comply with the qualify-
ing pre-requisites pointed out by the Constitution.

JAMES BOWDOIN.

Senate Chamber, June 1, 1786.

Then his Honour addressed the Legislature, as follows :

Gentlemen of the Senate, and Gentlemen of the House of
Representatives ,

Your Message by a very respectable Committee, in-
formed me that upon examining the Returns of the Votes
from the several Towns in this Commonwealth, it appears
I have been elected by the suffrages of the people, Lieu-
tenant Governor for the year ensuing

I have a due sense of the honor conferred upon me by
the people, in this appointment, and feel myself under a
renewed obligation to serve them to the utmost of my
abilities. I have so repeatedly received marks of their
approbation and confidence, that I should esteem myself
to be greatly deficient in gratitude as well as duty, if
they did not stimulate me to more strenuous exertions
than ever, to promote the best interest of the Common-

272 1786.— May Session.

wealth, and to discharge the Trust reposed in me, with
fidelity and impartiality.

I am obliged to you, Gentlemen, for the polite manner
in which you have acquainted me with this appointment.
I now declare my acceptance of it, am ready to take the
Oaths and subscribe the Declarations required by the
Constitution.

THOMAS CUSHING.

Senate-Chamber, June 1, 1786.

They then took the oaths (administered by the Honour-
able President of the Senate) and subscribed the declara-
tions required by the constitution : — after which, by the
President's command, the Secretary of the Commonwealth
proclaimed

His Excellency JAMES BOWDOIN, Esquire,
to be elected Governour and Commander in Chief:

And His Honour THOMAS CUSHING, Esquire,
Lieutenant Governor of this Commonwealth, for the
year ensuing : — of which all officers, civil and military,
are required to take notice, and govern themselves accord-
ingly.

Chapter 1.

Chap. 1 RESOLVE ON THE PETITION OF MART AND NATHANIEL
1 ' BETHUNE, DIRECTING THE TREASURER TO SIGN AND ISSUE

TO THE EXECUTORS MENTIONED, STATE NOTES TO THE
AMOUNT OF THE NOTES. REFERRED TO.

On the petition of Mary Bethune, and Nathaniel
Bethwie, Executors of the last will and testament of
Geonje Bethune, Deceased, praying for liberty to receive
New Notes, in lieu of old ones, to be delivered up to the
Treasury of this Commonwealth, as is fully set forth in
their Petition :

Resolved, That the prayer of said Petition be granted,
and that the Treasurer of this Commonwealth be, and he
hereby is ordered and directed, to sign and issue to the
said Executors, State Notes, to the full amount of the
Notes first refered to, in their petition : The Notes to be
issued in such sums, and made payable to such persons
as the said Executors, or any one of them may direct,
and to bear date, and be of like Tenor, with those that

1786. — May Session. 273

shall be delivered up by said executors ; the notes to be
delivered up by said Executors, the Treasurer is to deface
and put on file in the Treasurer's office as cancelled.

June 6, 1786.

Chapter 1a *

RESOLVE ON THE PETITION OF SAMUEL TUCKER.

On the petition of Samuel Tucker praying for the inter-
position of this Government, for his relief, he having had
judgment rendered against him, by the Court of Common
Pleas, for the County of Worcester, on two bonds, given
to William Brattle Esq1- an Absentee, including interest,
which, so far as it arose during the War, has been by a
Resolve of this Commonwealth, suspended.

Resolved, that the said /Sa?Jiuel Tucker notify the
adverse party, by serving him or his Attorney, with an
attested copy of his petition and this Resolve, seven days,
before the fourth Wednesday of the present sitting of this
Court, that cause may be shewn, if any there be, on the
said fourth Wednesday, why the prayer of the said peti-
tion may not be granted ; and that Execution in the mean
time be stayed. June 6, 1786.

Chapter 2.

ORDER FOR SECRETARY TO PURCHASE JOURNALS OF MR.

THAYER.

Ordered, That the Secretary purchase of Mr. Thayer,
the journals of the House of Representatives, from the
year 1730 to the year 1773, at twenty-four shillings, per.
volume. June 6, 1786.

Chapter 3.

RESOLVE ON THE PETITION OF DANIEL CONY, IN BEHALF OF
THE TOWN OF HALLOWELL, AUTHORIZING THE TREASURER
TO RECEIVE OF ROBERT KENNEDY AND ABISHAI COWING,
THE BALANCE OF THE TAXES MENTIONED.

On the petition of Daniel Cony, in behalf of the town
of Hallowell, and Robert Kennedy, one of the Collectors
of Taxes in the said Town :

Resolved, That the Treasurer of this Commonwealth,

* Not printed in previous editions.

Chap. 1a

Chap.

274 1786. — May Session.

be, and He is hereby authorized, empowered and Directed,
to Receive of Robert Kennedy, and Abishai Cowing, the
balance of the taxes committed to them to collect in the-
Town of Hallowell, in the County of Lincoln, for, and
previous to the year one thousand seven hundred and
seventy-nine, in Paper money, on his, the said Kennedy's
making Oath agreeably to a resolution of the General
Court for said purpose :

And it is further Resolved, That the sum of One hun-
dred and sixty two pounds ten shillings, being the Balance
due from the said Town of Hallowell, to the Common-
wealth*, for Taxes (called the Beef Taxes) be abated to
the said Town of Hallowell, for reasons set forth in the
said Petition, any Law or Resolve to the contrary not-
withstanding. June 6, 1786.

Chapter 4.

Char) 4 RES0LVE 0N THE PETITION OF ISRAEL REED, OF LITTLE-
lynU/J. * Toy axjtHORIZING TWO JUSTICES, TO LICENCE HIM TO
KEEP TAVERN.

On the petition of Israel Reed, of Littleton, in the
County of Middlesex, praying that he may be licenced as
an innholder, in the House to which he has removed :

Resolved, That the prayer of the petition be granted,
and that any two Justices of the Peace, Quorum unus, in
the County of Middlesex, be, and they are hereby author-
ized and empowered to grant a licence to the petitioner,
to keep a public tavern, until the next sitting of the Court_
of General sessions of the Peace for granting licences
in said county of Middlesex, and the said Justices, are
hereby required to recognize said petitioner to observe
such rules and orders as the law, in such cases, require
to be done and performed. June 7, 1786.

Chapter 5.

Chart ^ RESOLVE ON THE PETITION OF GIDEON Mc'INTOSH, GRANT-
\jnap. O ING RIM SIX pouyDS TWELVE SHILLINGS.

On the petition of Gideon McLntosh, Seting forth that
he served as a Soldier in Col. Turner's Regt. in the year
one thousand Seven Hundred and Eighty one, and that
the wages Due to him for that Service were Drawn by

1786. — May Session. 275

a forged order, which appears to be true from proper
Vouchers produced :

.Resolved, That there be allowed and Paid out of the
publick Treasurey of this Commonwealth, to the said
Gideon Mc'Ihtosh, the sum of Six pounds twelve Shil-
lings, in full for Said Service. June 7, 1786.

Chapter 6.* Chap. 6

[May Session, ch. 6, 1786.]

Chapter 7.* Chap. 7

[May Session, ch. 7, 1786.]

Chapter 8.

RESOLVE ON THE PETITION OF WILLIAM JERNIGAN, IN BEHALF CkaV 8
OF THE SEVERAL CREDITORS AGAINST THE ESTATE OF ^ *

ISRAEL CAGNAHEW OF EDGARTOWN, EMPOWERING WIL-
LIAM JERNIGAN AND BENJAMIN SMITH, ESQ'RS. TO SELL
THIRTY FIVE ACRES OF LAND MENTIONED.

On the petition of William Jernigan, in behalf of the
several Creditors, against the estate of Israel Cagnaheiv
of Edgarloiun, in Dukes County, Indian man, deceased,
praying that liberty be granted for the sale of so much of
the Land belonging to the said Israel's estate, as to dis-
charge his Debts, amounting to Seventy Five pounds, ten
shillings and eight pence half penny, as on Record will
appear :

Resolved, That William Jernigan and Benjamin Smith,
Esq'rs, be and they hereby are Authorized, and impowered,
to sell at Public Auction (or private sale,) Thirty five
Acres of Land adjoining to, and on the Westerly side of
the Land belonging unto Abishai Marchant, and to Exe-
cute good and Lawful Deed, or Deeds of the same ; and
the Monies arising from the sale of said Land, to be ap-
propriated to the payment of said Israel's Creditors, agree-
ably to their several Accounts, allowed by the General
Court's committee, appointed for that purpose ; the re-
mainder, if any there be, to be paid unto the Guardian
of the only surviving Heir of the said Israel.

June 8, 1 786.
* Governor's message, see end of volume.

276 1786.— May Session.

Chapter 9.

CkaV 9 RES0LVE 0N THE PETITION OF JOHN SULLIVAN, ESQ; IN BE-
■P' HALF OF MOSES SERGEANT, GRANTING HIM LIBERTY TO

FILE HIS COMPLAINT AGAINST JOSEPH FRTE.

On the Petition of John Sullivan, Esqr ; in behalf of
Moses Sergeant of Londonderry, in the County of Rock-
ingham, and State of JVeio Hampshire, Gentleman, pray-
ing for Liberty to file a Complaint upon a default Action,
on a Judgment recovered by the said Sergeant, against
one Joseph Frye, junr. of Fryburgh, in the County of
York, as set forth in Said Petition, at the next Supreme
Judicial Court, to be holden at York, within and for said
County of York, for reasons set forth therein :

Resolved, that the prayer of said petition be Granted,
and that the said Moses Sergeant, have Liberty to tile his
said Complaint against the said Frye, at the Next Supreme
Judicial Court, to be holden at York, within and for the
County of York, upon the fourth Tuesday of June 1786,
and that the same Court, proceed thereon in the same
manner as they might by law have done, if said Sergeant
had entered his Said Complaint at their Sessions on the
fourth Tuesday of June 1784 ; provided the said Sergeant
shall notify the said Frye, by serving him with an attested
copy of this Resolve, seven days before the said fourth
Tuesday, any law, usage, or custom, to the contrary not-
withstanding. June 8, 1786.

Chapter 10.

Chart 10 RESOLVE CONFIRMING A GRANT TO THE REPRESENTATIVES
X^fiap. ±V QF WILLIAM TYNG AND HIS COMPANY, ON THE CONDI-
TIONS MENTIONED IN A RESOLVE OF FEBRUARY 7, 1785.

Resolved, That Twenty three Thousand and forty
Acres, part of the Lands contained in the plan annexed,
surveyed by Samuel Titcomb, with the Assistance of
Chainmen under Oath, for the legal representatives or
Assigns of Capt. William Tyng, and his Company, pur-
suant to a resolve of the General Court, passed the 7th
day of February, 1785, Butted and bounded as follows,
(viz.)

Begining at the Southwest corner of a Township laid
out on Sandy River, and runing on the line of said Town-

1786. — May Session. 277

ship North 35° West two Miles and 54 rods, then North
25° West Three Miles and 6(5 rods, then North 13° west
one mile and 80 rods, then running on the land of the
Commonwealth, South 75° West live Miles and 100 rods,
then South 15° E four Miles and 148 rods, to Phips Canada
line, then riming on said line, East two Miles and 308
rods, then South by said Town, Three Miles and 4 rods,
then North 58° East four Miles and 262 rods, to the
Western line of the Plymouth Patent, as by them run,
then on the sd line north 38° West 130 rods, to the place
of begining, be and hereby are confirmed to the said Rep-
resentatives or assigns of the said Tying and his Company,
on the Conditions, and with the reservations mentioned
in said Resolve, the delay in not returning a plan within
the time limited by the same Resolve, notwithstanding.
Provided, the above granted premises do not interfere
with private property, or any former Grant.

June 8, 1786.

Chapter 11.

RESOLVE ON THE PETITION OF NOM1 ROPER, EMPOWERING r*Jjar) 11
HER TO MAKE SALE OF PART OF HER REAL ESTATE. "'

On the petition of JSfomi Roper, praying for Liberty to
make Sale of part of her Real Estate, for Reasons set forth
in her petition :

Resolved, that the prayer of said petition be Granted,
and that Soloynon Jewet one of the Selectmen of the
town of Sterling, be and he is hereby authorized and fully
empowered to make Sale of twenty acres of the above-
said Farm, for the most it will fetch, and to Give and
Execute a good and Sufficient Deed of sale of the Same
to the purchaser, and to pay the proceeds thereof to the
said JVbmi Roper, for the purposes mentioned in the
petition. June 8, 1786.

Chapter 12.

RESOLVE EMPOWERING THE ASSESSORS OF THE PLANTATION (Jhar) 19
OF SYLVESTER, TO ASSESS ON THE SAID PLANTATION -* '

ONE HUNDRED AND FIFTY POUNDS.

Whereas by a Resolve of the General Court of the
thirteenth of March last, all the Taxes wherewith the

278 1786. — May Session.

Plantation of Silvester, in the County of Cumberland had
then been charged, were abated, excepting One hundred
and fifty pounds :

And whereas the Said Plantation has never paid, or
Assessed any part of The Taxes wherewith it has been
charged ; which renders it convenient and necessary that
some further Order be taken in the case : Therefore,

Resolved, That the Assessors of the Said Plantation of
Silvester, be, and they are hereby empowered, directed,
and required to assess on the Said Plantation, the before-
mentioned Sum of One Hundred and fifty Pounds; and
that the Said Sum be assessed, Collected and paid, ac-
cording to the Rules and directions prescribed and given
in the last Tax Act ; excepting that the whole of the Said
Sum shall be paid in Specie.

And the Treasurer is hereby directed to Send his War-
rant to the Assessors of Silvester, agreeably to the Tenor
of this Resolve. June .9, 1786.

Chapter 13.

Chav. 13 RES0LVE 0N THE petition of charles chandler and

V' OTHERS, CHILDREN OF JOHN CHANDLER, CONFIRMING TO

THEM ALL THAT PART OF THEIR FATHER'S REAL ESTATE,
WHICH WAS ASSIGNED AND SET OFF TO THEIR MOTHER
FOR HER THIRDS, EXCEPTING— ON CONDITION.

On the petition of Charles Chandler, Samuel Chandler,
Sarah Stanton, Mary Sever, Lucretia Chandler, Thomas
Chandler, and Elizabeth Chandler, praying that they may
have that part of their Father's real Estate, which was
Assigned and set off to their Mother as her Thirds, granted
and Confirmed to them in Fee Simple :

Resolved, that the Petitioners have the Prayer of their
Petition so far Granted, that they have confirmed unto
them, and hereby are Seized and Possessed in Fee Simple
as Tenants in Common, of all that Part of their Father's
Real Estate, which was Assigned and Set off to their
Mother, for her Thirds (Excepting a Certain Parcel
thereof, which hath been described and Granted to the
County of Worcester , for the Purpose of Erecting a Goal
thereon) The Petitioners paying and Discharging all those
Debts due from the sd estate which have not already been
paid. June 10, 1786.

1786. — May Session. 279

Chapter 14.* Chap. 14

[May Session, ch. 14, 1786.]

Chapter 15.* Chap. 15

[May Session, ch. 15, 1786.]

Chapter 16. Chap. 16

RESOLVE ON THE PETITION OF JOHN ACKLEY, DIRECTING THE
TREASURER TO MAKE OUT AND DELIVER TO THE SAID ACK-
LEY, NOTES TO THE SAME AMOUNT AS THOSE THAT HAVE

BEEN ISSUED.

On the Petition of John Ackley, Praying that he may
be allowed the Sum of Ten Pounds twelve Shillings and
six pence, which is Due to him for serving as drum major
in the Continental army, which Sum has been drawn out
of the Treasury by a forged Power of attorney, in the
name of William Tucker, as appears by Proper vouchers
Produced :

Resolved, That the Treasurer of this Commonwealth
be, and he hereby is Directed, to make out and Deliver
to the said John Ackley, Notes, in the same manner, and
to the same amount, as if none had ever been issued for
the payment of the aforesaid Ackley\s wages.

June 12, 1786.

Chapter 17.

RESOLVE ON THE PETITION OF THOMAS DINGLEY, AGENT FOR (TLnYi 1 7
SAMUEL BAKER, AND OTHERS, APPOINTING A COMMITTEE ^naP' Ll
OF BOTH HOUSES, TO VIEW THE PREMISES.

On the Petition of Thomas Dingley, agent for Samuel
Baker, and others, praying that a Committee may be
appointed to take a View of the Beach in the town of
Marshfield, and report :

Resolved, That the Prayer of said Petition be granted,
and that Solomon Freeman, Esqr ; Mr. Stephen Nye, and
Francis Shurtliff, Esqr ; be a Committee to view the
Premises, at the Expence of the Petitioners, and report
their opinion thereon. June 12, 1786.

* Governor's message, see end of volume.

280 1786. — May Session.

Chapter 18.

Chap. 18 RESOLVE ON THE PETITION OF THE INHABITANTS OF THE
1 TOWN OF NORTHBOROUGH, ALLOWING THEM ONE YEAR TO

SATISFY TWO EXECUTIONS AGAINST ONE OF THEIR DELIN-
QUENT CONSTABLES, AND EXECUTIONS BE STAYED.

On the Petition of the Inhabitants of the Town of North-
borough, Praying for a longer time to satisfy two Execu-
tions against one of their delinquent Collectors, for reasons
set forth in their Petition :

Therefore Resolved that the inhabitants of said North-
borough, be allowed the Term of nine months from the
date of this Resolve, to satisfy the same, and that said
Executions be staid in the mean time. June 12, 1786.

Chapter 19.

ChaV. 19 RESOLVE ON THE PETITION OF JONATHAN WILLIAMS, ELIZA-
1 ' BETH WILLIAMS AND JOHN WILLIAMS, AUTHORIZING THEM

TO MAKE SALE OF THE REAL ESTATE MENTIONED.

Upon the Petition of Jonathan Williams, Elizabeth
Williams and John Williams, Executors to the last Will
and Testament, of John Williams, Esq ; deceased :

Resolved, that said Executors be, and they hereby are
authorized and impowered to make sale of all the Real
Estate of the said Deceased, lying in Dorchester, in the
County of Suffolk, excepting thereout the Widow's Dower,
for the Payment of the Debts of the said Testator, said
Executors conforming to the Rules prescribed by Law, in
the sale of Estates of Persons deceased. June 12, 1786.

Chapter 20.*

Chap. 20 RESOLVE ON THE PETITION OF CAPT. JOHN BAILEY, GRA.NT-
^' ING HIM SIXTY-SIX POUNDS FIVE SHILLINGS, WITH INTER-

EST FROM THE 1st OF JUNE, 1777, IN GOVERNMENT SECURI-
TIES OF THE SAME TENOR, WITH THE CONSOLIDATED NOTES
OF THIS COMMONWEALTH.

On the petition of Capt. John Bailey:
Whereas it appears, that the said Bailey was in actual
service of the United States, for the term of five months,
during which time, he enlisted and marched a Company

* Taken from court record.

178(3. — May Session. 281

of fifty men to Cambridge, from the County of Lincoln.
And whereas it doth not appear, that the said Bailey
received an adequate consideration for said service :

Resolved, that there be paid out of the public Treasury
of this Commonwealth, to Capt. John Bailey, the sum of
sixty six pounds Jive shillings, lawful money, with interest
from the 1st of June, 1777 , in Government securities of
the same tenor, and payable at the same periods, with the
consolidated notes of this Commonwealth, which with
twenty pounds lawful money he received of Major General
Heath, on the aforementioned account, shall be in full of
all demands for said Bailey's services and expences, and
that the same be charged to the United States.

June 13, 1786.

Chapter 21.* Chap. 21

[May Session, ch. 21, 1786.]

Chapter 22.

RESOLVE ON THE PETITION OF ISRAEL, FELIX, AND THOMAS Chap. 22
JEFFERY, AUTHORIZING JOHN TURNER, ESQ; COL. JOHN NEL- ^'

SON, AND DAVID KINGMAN, GUARDIANS TO SAID INDIANS,
TO SELL LAND MENTIONED.

On the petition of Israel, Felix, and Thomas Jeffery,
Indians :

Resolved, That the Prayer of said Petition be Granted ;
That John Turner, Esqr ; Colo"- John JSfelson, and David
Kingman, Guardians to the Said Indians, be and they are
hereby authorized and impowered, To Sell the Land men-
tioned in the Said Petition, For the most it Will Fetch,
and to make and Execute a Good and Lawful Deed or
Deeds of the Same, to the Purchaser or Purchasers, and
the Deed or Deeds so Executed, Shall be Good and Valid
in Law ; And after paying the Just Debts of the Said
Indians, and the Necessary Cost that Shall arise by the
Saile of Said Land, the said Guardians are hereby directed
to Lay out the Remainder of the Money to Purchase Land
For the above said Indians, where it may be more Con-
venient and Better For Said Indians. June 14, 1786.

* Governor's message, see end of volume.

282 1786. — May Session.

Chapter 23.

CkaV' 23 RES0LVE ON THE PETITION OF EPHRAIM JACKSON, DIRECT-
^' ING THE TREASURER TO ISSUE NOTES CONSOLIDATED, IN

LIEU OF THOSE BURNT.

On the Petition of Ephraim Jackson, representing that
his house was consumed by fire in the night of the
eleventh of February last, by which accident, four con-
solidated Notes of this Commonwealth, the property of
the said Jackson, was burnt, and the date, numbers and
sums of said Notes being ascertained, excepting one :

Resolved that the Treasurer be, and he is hereby di-
rected, to issue to the said Ephraim Jackson, four Notes,
three of which to be of the following tenor, to wit, — one
Note Number 2170, for Five pounds and eleven pence, —
One Note Number 14B8, for Nine pounds and three pence
and one Note Number 2196, for Four pounds two shillings
and eight pence; to bear equal date with the three notes
which have been ascertained as aforesaid ; and one other
Note for the sum of Thirteen pounds, to bear equal date
with this Resolve. June 14, 1786.

Chap

Chapter 24.

Oi RESOLVE ON THE PETITION OF ELIAS W1LLARD, AND TITUS
PARKER, DISCHARGING THEM FROM THE RECOGNIZANCE,
OR ANY SUIT AGAINST THEM, FOR REASONS MENTIONED.

On The Petition of Elias Willard, and Titus Parker,
praying that they may be discharged from their Recogni-
zance, Taken at the General Sessions of the Peace held at
Great Barrington, for the County of Berkshire, on the
second Tuesday of September, 1783, with Ichabod Allen,
of Pittsjield, in said County, Innholder : For reasons set
forth in Their Petition,

Resolved That the prayer of The Petition be so far
granted, That the said Elias Willard and Titus Parker,
be, and hereby are discharged from said Recognizance,
or any Suit that has been, or may hereafter be brought
against them in Consequence of said Recognizance, They
paying the Cost that has already arisen thereon.

Jim 14, 1786.

1786. — May Session. 283

Chap. 25

Chapter 25.

RESOLVE ON THE PETITION OF SAMUEL KIMBALL, DISCHARG-
ING HIM FROM HIS CONFINEMENT, ON CERTAIN CONDI-
TIONS.

On the Petition of /Samuel Kimball of Broolfeld, who
was sentenced by the Supreme Judicial Court, to pay a
fine of thirty pounds, for the use of this Commonwealth,
and cost of Prosecution, and is now confined in the com-
mon Goal at North Hampton, in the County of Hampshire,
for the due performance of the same, and now prays to
be liberated from his confinement, on paying said fine in
publick securities :

Resolved, That the prayer of the petition be granted,
upon the said Kimball's paying to the Sheriff for said
County, the above fine of Thirty pounds, Lawful money,
in this State's Securities, also cost of prosecution and all
prison charges, in specie ; and that thereupon the said
Kimball be discharged from confinement provided he does
not stand committed or detained for any other cause or
action whatsoever, excepting the above sentence and the
aforesaid Sheriff is hereby directed to pay the same to
Thomas Ivers, Esqr ; Treasurer of this Commonwealth,
or to his successor in said office, taking duplicate Receipts
for the same, one of which to be lodg1-1 in the Secretary's
office. June 14, 1786.

Chapter 26.

RESOLVE ON THE PETITION OF ANDREW BROWN, ONE OF THE nj)r/r) Oft
GRAFTON INDIANS, EMPOWERING HIM TO SELL THE LAND Kj,alP' ^U
MENTIONED.

On the Petition of Andrew Brown, one of the Grafton
Indians praying for leave to sell about Eleven Acres and
a half of land lying in said Grafton, for the purpose of
paying his debts :

Resolved that the Trustees of said Indians be and hereby
are impovvered to sell at publick, or private sale, if they
think best, the land mentioned in si petition, and pajr
the debts of the s(1 Brown; the overplus if any there be,
to be put at interest, and that s(I Trustees be and they
hereby are impowered to give a Deed or Deeds of sci land.

June 14, 1786.

284 1786. — May Session.

Chapter 27.

Chart 27 resolve allowing the county treasurer's accounts

"' FOR THE COUNTY OF CUMBERLAND, AND GRANTING A TAX

OF FIVE HUNDRED POUNDS, FOR THE PURPOSE OF DE-
FRAYING THE CHARGES OF SAID COUNTY.

Whereas it appears upon the examination of the Treas-
urer's Accounts for the County of Cumberland, That the
monies granted and allowed by the General Sessions of
the Peace for the said County, and which have been col-
lected, were expended for such purposes as are authorized
by Law, and that a balance of One hundred and thirteen
pounds 18/10, is due to the said Treasurer : Therefore

Resolved, That the said accounts be accepted and al-
lowed. And whereas it appears from an estimate of the
justices of the Court of General Sessions of the Peace of
the said County of Cumberland, made on the last Tuesday
of Octo 1785, That the sum of Five hundred pounds, will
be necessary for defraying the charges of said County for
one Year then next ensuing : Therefore

Resolved, That there be, and hereby is granted a Tax
of Five hundred pounds, to be apportioned and assessed
on the Inhabitants of the said County, and Estates Laying
within the same, and collected, paid and applied for the
use of the said County, according to the Laws of the
Commonwealth. June 14, 1786.

Chap.27A

Chapter 27a*

RESOLVE ON THE PETITION OF ABNER GOODELL.

Upon the petition of Abner Goodell praying for a new
tryal in an action commenced against him by David Brown,
at a Court of Common Pleas holden at Boston within &
for the County of Suffolk in January last for reasons sett
forth in his petition :

Resolved that the said Abner Goodell notify Jon- Fay
attorney to the said David Brown to shew cause if any he
hath on the 4th Monday of the present sessions of the
General Court why the prayer of the said petition should
not be granted by serving him with an attested Copy of
this his petition & order thereon at least five days before
the said fourth Monday ; and that Execution in the mean-
time be stayed. June 15, 1786.

* Not printed in previous editions.

1786. — May Session. 285

Chapter 28.

RESOLVE ON THE PETITION OF SAMUEL BALDWIN AND OTHERS, nhnr} OQ
ASSESSORS OF THE TOWN OF WINDSOR. \JllWp, 40

Upon the petition of Samuel Baldwin and others, As-
sessors of the Town of Windsor:

Resolved, That all the assessments made by the Assess-
ors for the Town of Windsor, in the years one thousand
seven hundred and eighty one, and one thousand seven
hundred and eighty two, be and they hereby are ratified,
and rendered valid to all intents and purposes, any infor-
malities in making said assessments notwithstanding.

June 15, 1786.

Chapter 29.* Chap. 29

[May Session, ch. 29, 1786.]

Chapter 30.* Chap. 30

[May Session, ch. 30, 1786.]

Chapter 31.

RESOLVE ON THE PETITION OF JOHN BRASEE, DIRECTING Chart 31
THE TREASURER TO RECEIVE A SUM IN THE OLD CONTI- Kj'tal}' 0i
NENTAL MONEY.

On the Petition of John Brasee, Collector of Taxes for
West Stockbridge, for the Year 1780.

Resolved, for Reasons set forth in the said Petition, that
the Prayer thereof be so far granted, That the Treasurer
of this Commonwealth be, and he hereby is authorized
and directed to receive of the said John Brasee, Seven
Thousand Six Hundred and Eighty Bight Dollars, in
continental Money, of the Old Emission, received by the
said John in the Collection of State Taxes (which at the
Time of receiving the same were payable in the said
money) and pass the same to the Credit of the said
Collector. June 16, 1786.

* Governor's message, see end of volume.

286 1786. — May Session.

Chapter 32.

Chan 32 resolve on the memorial of the hon. timothy edwards,

■*■ ' ESQ; GRANTING HIM NINE POUNDS, IN FULL FOR SERVICES

IN SETTLING THE LINE BETWEEN THIS STATE AND THE
STATE OF NEW-YORK, IN 1784.

On the Memorial of the Honourable Timothy Edwards
Esquire ; one of the Commissioners of this Commonwealth,
for settling the line between this State and the State of
JVeiv York, in the year 1784 :

Resolved, that there be allowed and paid out of the
Public Treasury, to the Honourable Timothy Edwards,
Esquire, the sum of nine pounds, which sum, together
with the sum of Sixteen pounds eight shillings, heretofore
paid to the said Edioards, by The Honourable Joseph
Hawley, Esquire, one of said Commissioners, being a
part of the monies Granted to the said Commissioners,
on Account, is in full of his Account for services and
disbursements. June 17, 1786.

Chapter 33.

Chan 33 0RI)ER T0 THE secretary, to notify the hon. francis

* ' DANA, ELBRIDGE GERRY, STEPHEN HIGGINSON, AND

GEORGE CABOT, ESQ'RS. OF THEIR BEING ELECTED COM-
MISSIONERS FOR THE PURPOSE OF CONSIDERING THE TRADE
OF THE UNITED STATES.

Ordered, That the Secretary notify the Honble. Fran-
cis Dana, Elbridge Gerry, Stephen Higginson and George
Cabot, Esq'rs. that they have been elected by the two
branches of the Legislature, Commissioners, who, together
with those persons who are or may be constituted Agents
in behalf of this Commonwealth, to conduct and prosecute
our claims to lands controverted by New York, and lying
to the westward of that State, are appointed Commission-
ers on the part of this Commonwealth, who, or any three
of whom, are authorized and impowered to meet such
Commissioners as may be appointed by the other States
in the Union, at Annapolis, on the first Monday in Sept
next, for the purpose of considering the trade of the
United States, to examine the relative situation and trade
of the said States, to consider how far an uniform system
in their commercial regulations may be necessary to their
common interest and permanent harmony, and to report

1786. — May Session. 287

to the United States in Congress assembled such an Act
relative to this great object, as when agreed to, by them,
and confirmed by the Legislature of every State, will
enable the United States in Congress assembled, effectu-
ally to provide for the same. June 17, 1786.

Chapter 34.* Chap. 34

[May Session, ch. 34, 1786.]

Chapter 35.* Chap. 35

[May Session, ch. 35, 1786.]

Chapter 36.

RESOLVE ON THE PETITION OF SAMUEL HEWES, DIRECTING ChaV 36
THE TREASURER TO RECEIVE A NOTE OF £.1400 AND TO "'

GIVE HIM A NEW NOTE FOR THE VALUE THEREOF, ADD-
ING THE INTEREST ARISING THEREON.

On the Petition of Samuel Heices, representing that he
is possessed of a note given by Harrison Gray, Esq ; late
Treasurer of the then Province of Massachusetts Bay, for
Fourteen Hundred Pounds, Dated December l.st, 1773 ;
that said note was bona fide purchased, by the house of
Lane, Son and Frazier, on his account, and is in fact his
property, and that the present Treasurer of this Common-
wealth is in doubt, whether he is authorized to receive
the same, occasioned by a Resolve of the General Court,
passed September 24, 1782, for reasons set forth in the
said Petition :

Resolved, That the treasurer of this Commonwealth be,
and he is hereby directed, to receive said Note of Four-
teen Hundred Pounds, and give said Samuel Hewes a new
Note for the Value thereof, adding thereto the Interest
arising thereon, and Bounty, agreeably to a Law of this
Commonwealth for the consolidating Public Securities,
the said Resolve of September 24, 1782, notwithstanding.

June 19, 1786.

Chapter 37.

RESOLVE ON THE PETITION OF BENJAMIN WISER, AUTHOR- rijjnri 07
IZING HIM TO MAKE SALE OF THE LAND MENTIONED. <•>'<<«/>• *>•

On the Petition of Benjamin Wiser, of Grafton, in the
County of Worcester, (Indian man) Praying that he may

* Governor's message, see end of volume.

288 1786. — May Session.

be Authorized and empowered To Sell and Convey about
Twenty Acres of his lands, for Reasons set forth in his
said Petition :

Resolved, that the said Benjamin Wiser be, and he
hereby is Authorized and empowered To make Sale of
about Ten Acres and Ten Rods of his upland, and about
Ten Acres of his meadow land, and To make and Execute
To the Purchaser or Purchasers thereof a deed or deeds
of sale, which deed or deeds so made and Executed shall
be deemed valid in Law, to all intents and Purposes, any
Law to the contrary Notwithstanding.

it is Provided Nevertheless, that the Trustees of Grafton
indians, shall inspect the Matter aforesaid, so far as to
Cause the proceeds Arising from the Sales of the lands
aforesaid to be Applied to the payment of the said Wiser's
Just Debts. June 19, 1786.

Chapter 38.

VIWT) 38 RES0LVE 0N THE PETITION OF JONATHAN BROWN, IN BEHALF
\jllUJJ. O QF THE rf0WN 0F WATERTOWN, AUTHORIZING JOSIAH

CAPEN TO FINISH THE COLLECTING SEVERAL ASSESSMENTS
COMMITTED TO WILLIAM WARREN, LATE COLLECTOR AND
CONSTABLE FOR SAID TOWN.

On the Petition of Jonathan Brown, in behalf of the
Town of Watertown, praying the aid of the Legislature
to Confirm the doings of the said Town in the choice of
certain Collectors in the Room of others confined, as set
forth in said Petition :

Resolved That Josiah Capen, chosen a Collector of
Taxes in said Town of Watertown, to finish collecting
several Assessments committed to William Warren, late
Constable and Collector for said Town, who is now con-
fined in his House for Debt, and Jedediah LeatJte, chosen
a Collector of Taxes to finish collecting several Assess-
ments committed to Henry Bradshaw Collector, now con-
fined in Goal for his private Debts, be, and hereby are
severally Authorized and invested with all the Powers
and Authority, to finish the collecting of the several As-
sessments, committed to said Warren and Bradshaiv, as
is provided in one certain Act of this Commonwealth,
passed February the 16th, 1786, for enforcing the speedy
payment of Rates and Taxes, and directing the process
Against deficient Constables and Collectors taken on Exe-

1786. — May Session. 289

cation by virtue of said Act ; and the said Collectors last
chosen as aforesaid shall be liable to the same penalties in
all respects, as is therein Mentioned, and the Assessors
of the said Town of Watertown shall be, and hereby are
directed to proceed with the said Warren and Bradshaw
in the same manner, in all respects, as if the said Warren
and Bradshaiv were taken on Execution, as mentioned in
said Act, and now in Confinement thereon.

June 19, 1786.

Chapter 39.

RESOLVE ESTABLISHING THE PAY OF MESS'RS. ADAMS AND (Jhn*) QQ
NOURSE, PRINTERS TO THE GENERAL COURT. "'

Whereas Adams and Nourse, Printers, have offered to
perform the Printing Business of the General Court for
the present Year, at the rate of three fifths of a Penny a
sheet, and in the same manner that it was done the last
Year :

Resolved, That the said Adams and JSTourse be paid out
of the public Treasury at the rate of three fifths of a
Penny, for all the Laws and Resolves that may be printed
by them, and in the same manner for all other printing
that may be done for the General Court, provided it is
done in like manner with their Printing the last Year.

June 20, 1786.

Chapter 40.* Chap. 40

[May Session, ch. 40, 1786.]

Chapter 41.

RESOLVE GRANTING TO THE HON. TIMOTHY EDWARDS, ESQ;
ONE OF THE AGENTS ELECTED BY A RESOLVE OF MARCH
14th, 1786, FOR SETTLING THE BOUNDARY LINE BETWEEN
THIS STATE AND THE EASTERN EXTREMITY OF THE STATE
OF NEW YORK, TO CARRY SAID RESOLVE INTO EXECUTION,
AND DIRECTING THE TREASURER IN THE CASE.

Resolved, that there be allowed and paid out of the
public Treasury, Three hundred and fifty pounds, to the
Hon— Timothy Edwards, Esq ; one of the Agents ap-
pointed by a Resolve of March 14th, 1786, for the pur-
pose of settling the boundary line between this State and

* Governor's message, see end of volume.

Chap. 41

290 - 1786. — May Session.

the Eastern extremity of the State of New York, to enable
him, and the Other Agents appointed with him, to carry
into execution said Resolve, and to pay the Commission-
ers appointed by Congress to settle and make the said
boundary line, this State's proportion for their respective
services, said Edwards to be accountable therefor.

June 20, 1786.

Chapter 42.

Chan 42 resolve on the petition of JOHN page, authorizing

Ks/UljJ. ■* the JUDGE QF probATE OF WILLS FOR SUFFOLK COUNTY,

TO APPOINT COMMISSIONERS TO EXAMINE HIS CLAIM ON
THE ESTATE OF THEOPHILUS LILLIE.

On the Petition of John Page Praying that he may
have leave to lay a Claim before the Commissioners Ap-
pointed by the Judge of Probate for the County of Suffolk,
for Settling the Estate of Theophilus Lillie, late an Ab-
sentee, in said Estate, for allowance, as set forth in said
Petition :

Resolved, that the Prayer of the Petition be so far
Granted, that the Judge of Probate of Wills, &c. for the
County of Suffolk, be, and he hereby is Authorized and
empowered, on Application, to Appoint Commissioners
to examine the Claim of John Page, on the aforesaid
Estate of Theophilus Lillie, for the Term of one month
from the Time of their Appointment, for the purpose
aforesaid, at the Expence of the said Page, that he may
have an Opportunity To Exhibit his Claim within the
Term Mentioned, any Law to the Contrary Notwith-
standing. June 20, 1 786.

Chapter 43.

Chart 43 RESOLVE DIRECTING THE COMMISSARY GENERAL TO SELL AT
is/lap. <±Q puBLIC AUCTION THE STORE HOUSES IN THE TOWNS OF
WATERTOWN AND SUDBURY, FOR PUBLIC SECURITIES.

Resolved, That the Commissary General be, and he
hereby is impowered and directed to sell at Public Auc-
tion, (or private sale) the Store Houses belonging to this
Commonwealth, in the Towns of Watertoivn and Sud-
bury, for the most the same will fetch, in public securi-
ties, of any kind, and if the said Commissary General
shall determine to sell the said Store houses, or either of

1786. — May Session. 291

them at Public sale, he shall in that case, give public
notice of such sale, Ten days at least, previous thereto ;
and the Commissary is further directed, to pay the Pro-
ceeds thereof into the Public Treasury of this Common-
wealth, taking duplicate Receipts therefor, one of which
to be lodged in the Secretary's Office. June 20, 1786.

Chap. 44

Chapter 44.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE
TOWN OF BOWDOINHAM, ABATING ONE HUNDRED AND
SIXTY SEVEN POUNDS FOURTEEN SHILLINGS, OUT OF THE
TAX ASSESSED IN THE YEAR 1783, FOR THEIR DEFICIENCY
IN NOT RAISING THEIR PROPORTION OF THREE YEARS AND
FIVE MONTHS MEN.

On the petition of the Selectmen of the Town of Bow-
doinham, in the County of Lincoln:

Resolved, That there be allowed and abated to the Town
of Bowdoinham, One hundred and Sixty seven pounds
fourteen Shillings, out of the Tax, which in the year one
thousand seven hundred and Eighty three, was Assessed
on the said Town for their deficiency in not raising Their
proportion of Three years, and five months men : and the
Treasurer is hereby directed to govern himself accord-
ingly. June 22, 1786.

Chapter 45.* Chapu 45

[May Session, ch. 45, 1786.]

Chapter 46.

RESOLVE ON THE GOVERNOUR'S MESSAGE, APPOINTING JAMES p-, ah,

AVERY, ESQR; JONATHAN BUCK, ESQR; AND MR. GEORGE C/iQ^?. 4:0
BILLINGS, A COMMITTEE TO EXAMINE WHAT REMAINS OF
THE FORT AT MAJORBAGIVADUCE, AND PREVENT DESTRUC-
TION OR REMOVAL OF THE ARTICLES LEFT, AND TO SELL
THE SAID ARTICLES IF THEY SHALL JUDGE PROPER, AND
DIRECTING THE SECRETARY TO TRANSMIT THIS RESOLVE.

Resolved, That James Avery, Esqr ; of Machias, and
Jonathan Buck, Esqr ; and Mr. George Billings, of Major-
bagivaduce, be, and they hereby are appointed a Commit-
tee on behalf of this Commonwealth to examine what
remains of the Fort which the British Troops built at the

* Governor's message, see end of volume.

292 1786. — May Session.

Place last abovernentioned, and prevent the Destruction
or Removal by private Persons, of the Articles left by the
said Troops, or the Materials used in building the said
Fort, and if in the Opinion of the said Committee, it will
be for the Interest of this Commonwealth to make Sale
of the Articles and Materials aforesaid, or any of them,
the said Committee are hereby authorized and impowered
to sell the same in such manner as will be most advantage-
ous to the Commonwealth, they to be accountable for the
Proceeds of the sale. And it the said Committee shall
think it will be advantageous to this Commonwealth to
preserve wbat Remains of the Fort abovernentioned, the
s? Committee are hereby directed to report to the Gov-
ernour of the Commonwealth as soon as may be, what
Measures they apprehend are necessary to be taken for
that Purpose.

And the Committee aforesaid are further directed to
make enquiry for such Articles which belonged to the said
Fort, as have been taken therefrom, since the same was
evacuated by the Britons, and to take proper measures for
the recovery of them.

And the Secretary of this Commonwealth is hereby
directed, to transmit a copy of this resolve to the Commit-
tee aforesaid, as soon as may be. June 23, 1786.

Chapter 47.

CkaV 47 RES0LVE 0N THE PETITION OF CHARLES CHANDLER AND
-* * OTHERS, CHILDREN OF JOHN CHANDLER, ESQ; CONFIRMING

ALL THAT PART OF THEIR FATHER'S REAL ESTATE, WHICH
WAS SET OF TO THEIR MOTHER FOR HER THIRDS.

On the Petition of Charles Chandler, Sa?nuel Chandler,
Sarah Stanton, Mary Sever, Lucretia Chandler, Thomas
Chandler, and Elizabeth Chandler, praying that they may
have that part of their Father's real Estate, which was
assigned and set off to their Mother as her thirds, granted
and confirmed to them in fee simple, and representing that
the Resolve lately passed for that Purpose will not produce
to the said Petitioners, the Beneficial Effects intended by
the Legislature : Therefore,

Resolved, That the Resolve of the General Court of the
tenth of June, current, on the Petition of the s^ Charles
Chandler and others, Petitioners abovernentioned, be and
the same is hereby repealed.

1786. — Mat Session. 293

And it is further Resolved, that the Prayer of the said
Petition first afar*11' be so far granted, that the said Peti-
tioners have Confirmed unto them, and they are hereby
declared to be seized and possessed in Fee simple, as
Tenants in Common, of all that part of their Father's real
Estate which was assigned and set off to their Mother, for
her thirds, excepting a certain Parcel thereof, which hath
been described and granted to the County of Worcester ',
for the Purpose of erecting a Goal thereon, the Petitioners
paying and discharging all those Debts due from the said
Estate, which have not already been examined and allowed
by the Commissioners on the same, as reported to the
Judge of Probate for the said County. June 23, 1786.

Chapter 48.

RESOLVE ON THE PETITION OF JOSEPH STONE, TO NOTIFY THE (J]iar) 4g
ADVERSE PARTY TO SHEW CAUSE, &c. AND STAYING EXECU- "'

TION.

On the petition of Joseph /Stone, seting forth that a
cause was decided against him, by means of admiting a
witness in Said cause, which was particularly interested
therein, as set forth in said petition. :

Resolved, that the prayer of said petition be so far
granted, as that the said Joseph serve Abisha Rlielps, the
adverse party, with an attested copy of his petition, and
this Resolve, thirty days before the second Wednesday
of the next siting of the General court, that he may then
appear and Shew cause if any he hath, why the prayer of
said petition should not be granted, and that Execution
be stayed in the mean time. June 23, 1786.

Chapter 49.*

RESOLVE RESPECTING THE DUDLEY INDIANS, DISCHARGING nj}nrt ACi
MR. NATHANIEL HEALY, SAMUEL HARRIS AND EDWARD KjliUl'' ^°
DAVIS, FROM THEIR TRUST, AND APPOINTING CAPT. LEMUEL
CORBIN, AND OTHERS, GUARDIANS TO SAID INDIANS, AND
VESTING THEM WITH ALL THE POWERS, &c. HERETOFORE
VESTED IN SAID GUARDIANS.

Whereas it appears to this Court, that a General uneasi-
ness hath existed for a considerable time in the minds of
the Dudley Indians, (so called,) relative to the proceed-

* Taken from court record.

294 1786. — May Session.

ings of two of their Guardians, with respect to their lands.
And whereas Mr. Samuel Harris, the other of said Guar-
dians, lives at such a distance from the lands of the said
Indians as renders it difficult for him to discharge the
duties of his Office.

Resolved, that Mr. Nathaniel Healy, Mr. Samuel
Harris, and Edtvard Davis, esq? Guardians to the said
Indians, be, and hereby are discharged from the said
trust, and that Captain. Lemuel Corbin, Mark Dodge and
John Healy, be and are hereby appointed Guardians to
the said Dudley Indians, in the room of the said Nathaniel
Healy and Edward Davis; and the said Guardians are
hereby invested with all the powers and authorities, which
have been heretofore vested in the Guardians of the Dud-
ley Indians, and to be in the same manner accountable to
this Court, any law or resolve to the contrary notwith-
standing. June 23, 1786.

Chapter 50.

Chart 50 RES0LVE 0N THE petition of timothy Williams, grant-

-t * ING HIM LIBERTY TO SELL SPIRITOUS LIQUORS BY RE-

TAIL IN THE TOWN WATERTOWN, UNTIL THE SECOND
TUESDAY OF SEPTEMBER NEXT, HE RECOGNIZING, &c.

On the petition of Timothy Williams, praying for lib-
erty to sell spiritous liquors by retail, he having lately
opened a distillery of New England rum in Watertown :

Resolved, that the prayer of his petition be granted,
and that he have full liberty to sell spiritous liquors by
Retail in the Town of Watertown, until the Second Tues-
day of September next, the Usual time for granting licences
for and within the said County of Middlesex, He, the said
Williams, Recognizing before Thadt Mason, Esqr ; Agree-
able to law, to pay his Excise, and conform himself to the
laws of this Commonwealth, respecting persons licenced
to sell spiritous liquors by Retail. June 24, 1786.

Chapter 51.

Cha,7) 51 RES0LVE GRANTING THE SUM OF ELEVEN THOUSAND POUNDS,
■I ' TO THE COMMISSARY OF PENSIONERS.

Whereas it appears to this Court expedient that a grant
be made to the Commissary of Pensioners for the Purpose
of paying those Persons borne on the Pension list :

1786. —May Session. 295

Resolved, that there be allowed and paid out of the
Treasury of this Common wealth to John Lucas Esqr ;
Commissary of Pensioners, the sum of Eleven thousand
pounds, for the purpose of paying the several pensioners
borne on the Pension list, up to the 17th of March, One
thousand seven hundred and eighty six, the said Commis-
sary to be accountable for the same :

And it is further Resolved that the Treasurer of this
Commonwealth be, and he is hereby impowered and
directed to pay the sum granted by this Resolve in Cer-
tificates, in favour of such Persons, and in such sums
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 1782,
the Tax granted in the Year 1784, for the redemption of
the Army Notes, so called, and the Tax granted in the
Year 1786. June 24 ,1786.

Chapter 52.

RESOLVE ON THE PETITION OF JEREMIAH HILL, IN BEHALF (JJiaV 52
OF JONATHAN EMERY, AUTHORIZING THE TREASURER TO *■ '

ISSUE HIS WARRANT FOR THE PURPOSES MENTIONED.

On the Petition of Jeremiah Hill, in behalf of Jonathan
Emery, one of the Constables of the Town of Biddeford,
for the year 1778, praying that the present Treasurer
may be authorized and directed to issue his Warrant,
which by Treasurer Gardiner was omitted, to enable him
to compleat the Collection of a Tax committed to him to
collect for the year afor'1 :

Resolved, that the prayer of said Petition be granted,
and that the Treasurer of said Commonwealth for the
Time being be, and he hereby is authorized and directed
to issue his Warrant, for the purpose afors.tl, which shall
be as valid in Law as if the same had been issued by the
said Treasurer Gardiner, any Law to the contrary not-
withstanding. June 24, 1786.

Chapter 53.

RESOLVE ON THE PETITION OF ELMER CUSHING, GRANTING CjJia7) 53
HIM LICENCE TO SELL SPIRITOUS LIQUORS. J- '

On the petition of Elmer Gushing, praying for Licence
to Retail Spiritous Liquors, as set forth in his Petition :

296 1786. — May Session.

Resolved, That the prayer thereof be so far granted,
that any two Justices of the Peace for the County of
Worcester, quorum unus, be, and hereby are impowered,
(if they shall think needful) to Licence the said Elmer to
exercise the employment of a retailer of Spiritous Liquors
till the next Court of General Sessions of the Peace for the
County aforesaid, he producing the approbation of the
Selectmen of Shrewsbury , to the said Justices, and enter-
ing into recognizances, as the law directs, on granting
licences, — any Law, Custom, or Usage to the Contrary
notwithstanding. June 24, 1786.

Chap.

Chapter 54.

54 RESOLVE ON THE PETITION OF EZEKIEL AVERELL, DIRECTING
THE TREASURER TO PAY THE SUM MENTIONED, THAT HAS
BEEN OBTAINED BY A FORGED ORDER.

On the petition of Ezekiel Averell, Praying that he may
be paid his wages for service in the Continental army ; the
. same having been received by a Fraudulent person, Not-
withstanding :

Resolved, That the Treasurer be and he hereby is
Directed, to pay to the said Ezekiel, the Sum that ap-
peared to be Due to him for the Service aforesaid, by the
Muster Roll of Capt. Hunt's company, Coll9 Jackson's
Reg-, in the same manner as he Should have Done, if the
Same had not been rec'1 by Fraud, as aforesaid.

June 24, 1786.

Chapter 55.

ChaV 55 RESOLVE DECLARING THE TOWN OF STAN DISH, TO BE ENTITLED
"' *" TO ALL THE BENEFITS OF THE RESOLVE OF THE 8th OF

MARCH LAST, THE TIME LIMITED IN SAID RESOLVE FOR THE
ASSESSORS TO BE SWORN, NOTWITHSTANDING.

Whereas it appears to this Court, that the Resolve of
the eighth of March, 1786, abating a Part of the Taxes
on the Town of Standish, did not come to the Knowledge
of the Said Town, till after the fifteenth of April, the
Time limited therein for the Assessors to be sworn, and
that the Assessors were sworn the third Day after Receiv-
ing; said Resolve :

Resolved that the town of Standish be, and they are
hereby declared to be entitled to all the benefit expressed

1786. — May Session. 297

in said Resolve of the eighth of March last, the Time
limited by said Resolve for the Assessors to be sworn
having Elapsed before they were sworn, notwithstanding.

June 24, 1786.

Chapter 56.

RESOLVE ON THE PETITION OF SEVERAL TOWNS IN THE COUNTY QJl(W &Q
OF YORK, VIZ. BIDDEFORD, PEPPERRELBOROUGH, WELLS, ■?'

LEBANON, SANDFORD, BUXTON, AND LTMER1C, ALLOWING
AN ABATEMENT ON THEIR TAXES.

On the Petition of several Towns in the County of York,
viz. Biddeford, Pepperrelborough , Wells, Lebanon, Sand-
ford, Buxton, and Lymeric, praying for an Allowance
and Abatement of their Taxes, In Consideration of their
Losses sustained by the extraordinary Freshet, in Oct':
1785 :

Resolved, that the prayer of said Petitions be so far
granted, that there be allowed as an Abatement to the
said Towns, the following Sums, viz. Biddeford one hun-
dred pounds; Pepperrelborough one Hundred pounds;
Lebanon Eighty pounds ; Sandford Sixty pounds; Bux-
ton Seventy five pounds, — out of their Beef Taxes ; Wells
ninety pounds, out of their Beef Tax, and Tax for 178 L ;
Lymeric twenty five pounds for their Losses, and a further
Sum of Seventy Light j^unds Six shillings and seven
pence is allowed to said Lymeric in Consideration of their
Inability to pay the Taxes laid on them, by deducting the
same from the Balance due from said Lymeric, out of
their Beef Tax and taxes due in the Years 1779, 1780 and
1781, To the Treasurer of this Commonwealth; and the
Treasurer is hereby directed to govern himself accord-
ingly. June 26, 1786.

Chapter 57.

RESOLVE ON THE PETITION OF STEPHEN SMITH, IN BEHALF ffinqj Z7
OF SOLOMON SOUTHWICK, GRANTING HIM THIRTY FIVE * '

POUNDS THREE SHILLINGS AND SIX PENCE, FOR CERTAIN
SUPPLIES TO COL. TURNER'S REGIMENT AT RHODE ISLAND.

On the petition of Stephen Smith, in Behalf of Solomon
Southwick, setting forth that there was Due to him on the
1st. Day of Octo 1781, for two hundred and thirty four

298 1786. — May Session.

bushels of onions &c. Supplied Col5 Turner's Regiment
at Rhode Island , forty four pounds fifteen Shillings:

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to the Said Solomon
Southwick, the Sum of thirty five pounds three shillings
and six pence, in full of his ace!, the Same to be charged
to the United States of America. June 26, 1786.

Chapter 5S.

ChaV. 58 RES0LVE ON THE PETITION OF BENJAMIN TITCOMB, SAMUEL
^' FREEMAN, AND PETER NOTES, AUTHORIZING THE ASSESS-

ORS OF THE FIRST PARISH OF THE TOWN OF FALMOUTH
TO MAKE OUT A WARRANT TO JOSHUA FREEMAN, REQUIR-
ING HIM TO COLLECT A TAX ASSESSED IN THE YEAR 1782.

On the Petition of Benjamin Titcomb, Samuel Freeman,
and Peter JSFoyes :

Resolved, that the Prayer of said Petition be granted,
so far as that the Assessors of the first Parish of the Town
of Falmouth for the Current year, be Authorized, and
they are hereby Authorized and impowered, to make out
and Deliver their Warrant to Joshua Freeman of said
Parish, requiring him to Collect a Tax which was Assessed
by the said Benjamin, Samuel and Peter, in the Year
1782, and put into the said Joshua's Hands to Collect,
viz. such Part of said Tax as still remain uncollected.

June 26, 1786.

Chapter 59.

Chan 59 RES0LVE 0N THE petition of Robert blair, in behalf
^' OF the town of blanford, directing the treasurer

to credit said town for a fine.

On the Petition of Robert Blair, in behalf of the Town
of Blanford, setting forth, that the said Town was fined
in the last State Tax, for not sending a Representative,
and praying that the same may be abated, for reasons set
forth in his Petition :

Resolved, that the Prayer of the Petition be so far
granted, that the Treasurer of this Commonwealth be, and
he hereby is directed, to credit the said Town of Blanford
in the last State Tax, the sum of Nineteen Pounds and
two Shillings, being the Fine set on said Town.

June 26, 1786.

1786. — May Session. 299

Chapter 60.

RESOLVE ON THE PETITION OF DANIEL BIGELOW, DIRECTING (jJiaj) QQ
THE TREASURER TO SUSPEND ISSUING EXECUTIONS AGAINST ■*■ '

THE TOWN OF PETERSHAM, FOR THE DEFICIENCY OF TWO
TAXES FOR 1781.

On the petition of Daniel Bigelow, praying that war-
rants of distress may not immediately issue against the
Town of Petersham, for reasons set forth in said petition :

Resolved, that the prayer of the petition be so far
granted, that the Treasurer of this Commonwealth be,
and he is hereby directed to suspend issuing Execution
against the Town of Petersham for the deficiency of Two
Taxes on said Town for the year 1781, the one amounting
to the sum of Tioo Hundred and twenty four pounds four
shillings 3 farthings, the other to the Sum of one hundred
and forty seven pounds five shillings and sixpence, being
Taxes Committed to Isaac Packard, a Constable for said
Town, to Collect, for twelve months from the date of this
resolve, any Law or resolve to the Contrary notwith-
standing. June 26, 1786.

Chapter 61.

RESOLVE ON THE PETITION OF WILLIAM STARKWEATHER, IN (Jhap. 61
BEHALF OF THE DISTRICT OF NEWASHFORD, EMPOWERING 1 '

THE COMMITTEE FOR THE SALE OF THE UNAPPROPRIATED
LANDS IN BERKSHIRE COUNTY, IN THE DISPOSAL OF THE
LANDS IN SAID DISTRICT.

On the petition of William Starkiveatlier, in Behalf of
the District of J^eivashford , praying that the Said Dis-
trict, and the Settlers Inhabiting the Same, may have an
Allowance in lands, Equal to what has been Usually As-
signed by this Commonwealth, to Districts And Settlers
under Similar Circumstances :

Resolved that the Committee For the Sale of the Un-
appropriated land belonging to this Commonwealth, in
the County of Berkshire Be, and they hereby Are em-
powered And Directed, in the Disposal of the lands
belonging to this Commonwealth, in the District of New-
ashford, To provide for the following Reservations and
Appropriations, viz. — two hundred Acres for the first
Settled minister, two hundred Acres for the Use of the
ministry, and two hundred and Eighty Acres for the use
of A Grammar School, And to make Such Allowance to

300 1786. — Mat Session.

the Settlers, as A Compensation for Settlement, As to
the Said Committee may appear Reasonable, not exceed-
ing one hundred Acres to each. June 26, 1786.

Chap.

Chapter 63.

Q2 RESOLVE ON THE PETITION OF AMOS AND ROBERT FULLER,
AUTHORIZING THE ASSESSORS OF THE TOWN OF NEEDHAM,
TO ASSESS A CERTAIN SUM ON SAID TOWN.

On the Petition of Amos Fuller and Robert Fuller, As-
sessors of the Town of Needham, praying that twenty
seven pounds thirteen shillings and one penny (which sum
is due to this Commonwealth from Thomas Gardner a
deficient Collector of Taxes for said Town for the Year
1780), may be annexed to and assessed with said Town's
proportion of the Tax granted in March last :

Resolved that the Prayer of the Petition be granted,
and the Assessors of the town of Needham, are hereby
authorized and impowered to add the sum of twenty seven
pounds thirteen shillings and one penny aforesaid to said
Tax, and assess it on said Town, to be paid in Specie.

June 26, 1786.

Chapter 63.

Char) 63 RES0LVE 0N THE petition of the town of holdex, abat-

"' ING A FINE LAID ON SAID TOWN FOR NOT SENDING A REP-

RESENTATIVE THE LAST YEAR.

On the petition of the Town of Holden, praying for the
abatement of a fine, for not sending a Representative to
the General Court of this State, the last year : •

Resolved that as the Town of Holden labor under pecu-
liar difficulties, the sum of Nine Pounds ten Shillings,
part of the fine aforesaid, be remitted said Town, and that
the Treasurer of this Commonwealth, be and hereby is
directed to Credit the said Town of Holden with the
abovementioned Sum, accordingly. June 26, 1786.

Chapter 64.

Chap. 64 RESOLVE ESTABLISHING THE PAY OF THE DELEGATES, REP-
^' RESENTING THIS STATE IN CONGRESS.

Resolved that there be allowed to each delegate, who
Shall hereafter be Chosen to represent this Commonwealth,

1786. — May Session. 301

in the Congress of the united States, for his Service and
expence for each Day lord's days included from the time
of his leaving home, until his return the sum of twenty
seven shillings. June 27, 1786.

Chapter 65.

RESOLVE ON THE PETITION OF JOSEPH BUSH, DECLARING Qhn^ 65
VALID A CERTAIN DEED. ■*■ '

Upon the Petition of Joseph Bush, of Brookfield, in
the County of Worcester, sitting forth, that in the Month
of April in the year of Our Lord, One Thousand Seven
hundred and seventy eight, the General Court of the then
State of Massachusetts, passed a Resolve upon the Petition
of Williani Watson, and Susannah Watson, administra-
tors on the Estate of William Watson, late of s? Brook-
field, deceased Empowering the said (administrators in
their said capacity) to make Sale of about Forty Acres of
Land in said Brookfield, part of the Real Estate of the
said deceased, for the most the same woud fetch, and to
make and execute a good Deed or Deeds, to the purchaser
or purchasers they Observing the Rules in the Law, for
Sale of real Estates by executors and administrators, and
giving Bond to the Judge of Probate for the County of
Worcester , that the proceeds thereof be disposed of accord-
ing to Law ; And that thereupon they did make Sale of
said Land, (but without giving Bond as aforesaid) and did
give and execute in favor of him the said Joseph a Deed
thereof :

Resolved, that the said Deed, be, and hereby is declared
Legal and Valid to all Intents and purposes; The neglect
of giving Bond as aforesaid notwithstanding.

June 27, 1786.

Chapter 66.* Chap. 66

[May Session, ch. 66, 1786.]

Chapter 67.

ORDER FOR THE CLERKS OF THE JUDICIAL COURTS TO RETURN (JJiaf). 67
AN ACCOUNT OF THEIR FEES. * '

Ordered, That the Clerk of the Supreme Judicial Court,
the Clerks of the several Courts of Common Pleas, and

* Governor's message, see end of volume.

302 1786. — May Session.

the Clerks of the several Courts of General Sessions of the
Peace within this Commonwealth, be, and they hereby are
directed, to lay before the General Court, on the second
Wednesday of their next sitting, a particular account of
all monies by them respectively received for their service
in the said Offices, since the first of July 1782 : and the
Secretary is hereby required, to give each of the before
mentioned Officers timel}r notice of this order, that they
may govern themselves accordingly. June 28, 1786.

Chapter 68.

Chaj). 68 RESOLVE OX THE PETITION OF ISAAC HOW, JOSEPH BILLINGS
1 ' AND LEMUEL TILESTON, GRANTING FORTY SHILLINGS FOR

EACH PRISONER THEY HAVE TAKEN UP AND RETURNED TO
CASTLE ISLAND, WHO MADE THEIR ESCAPE FROM SAID
ISLAND; AND EXPLAINING AN ACT ENTITLED AN ACT, PRO-
VIDING A PLACE OF CONFINEMENT FOR THIEVES AND
OTHER CONVICTS TO HARD LABOUR, PASSED MARCH 14, 1785.

On the Petition of Isaac Hoiv, Joseph Billings and
Lemuel Tileston, Praying that a Bounty of forty shillings
may be granted to them for each Prisoner they have taken
up and returned to Castle Island, as set forth in their
Petition :

Resolved, That the Prayer of the said Petition be granted,
and that there be allowed, and paid to the said Isaac,
Joseph and Lemuel, out of the Treasury of this Common
Wealth, the sum of forty shillings for each prisoner by
them taken up, and returned to Castle Island, who made
their Escape from the said Island, on the night of the
twenty second of April last, together with all just Cost
and Charges, by them the said Isaac, Joseph and Lemuel,
laid out and Expended, in taking up and returning the
same Prisoners :

And be it further Resolved, and it is declared to be the
true intent and meaning of the Act, entitled "An Act
providing a place of confinement for Thieves, and other
Convicts to hard labour," passed the fourteenth day of
March 1785, that the bounty of forty shillings, be allowed
for each and every Convict, when more than one shall be
taken up and returned to Castle Island, at the same time,
as well as for any one such convict so taken and returned,
by virtue of the said Act. June 28, 1786.

1786. — May Session. 303

Chapter 09.

RESOLVE GRANTING NINE POUNDS, TO ROBERT MILLER, FOR Chap. 69
HIS PENSION FROM THE FIRST OF JANUARY, 1785, TO THE "'

FIRST OF JANUARY, 1786, PAYABLE TO JOSHUA BAYLEY
OSGOOD, ESQ;

On the Petition of Robert Miller, setting forth, that he
lost an Arm at the Siege of Lonisburg, in the year 1745,
In Consideration of which, a Pension of nine pounds, per
annum, was granted him by this Government :

Resolved, that there be paid out of the Treasury of this
Commonwealth, to the said Robert Miller, the sum of nine
jiounds, in full for his Pension, from the first day of Janu-
ary, 1785, to the first day of January, 1786, and that
Joshua Bayley Osgood, Esqr ; of Biddeford, agreeably to
the prayer of the Petitioner, be, and he hereby is author-
ised to receive the same. June 30, 1786.

Chapter 70.

RESOLVE ON THE GOVERNOR'S MESSAGE, FOR COMMEMORAT- frknn 7()
ING THE FOURTH OF JULY, 1786, REQUESTING HIS EXCEL- Kj'lal}' * U
LENCY TO ORDER A DISCHARGE OF CANNON, AND DESIRING
THE CHAPLAIN TO OFFICIATE IN THE RELIGIOUS EXERCISES
OF THE DAY, AND REQUESTING THE GOVERNOR WITH THE
ADVICE OF COUNCIL, ON FUTURE OCCASIONS.

Whereas it is proper, that this Government should,
with true Gratitude commemorate the period, at which
the United States declared themselves sovereign and inde-
pendent, and by that means took rank among the Nations
of the Earth : Therefore,

Resolved, that the Legislature of this Commonwealth,
will on Tuesday next, at eleven o'Clock in the forenoon,
repair to the Chapel Church in the Town of Boston, for
the purpose of celebrating the Anniversary of the Inde-
pendence of the United States of America, and there, in a
solemn manner, render thanks to Almighty God, for his
singular and manifold favours hitherto confered upon
these States, and at the same time humbly implore his
blessing, that the dispositions, and endeavours of this
people, may be directed to those principles, and that con-
duct, which, under the guidance of His Providence, will
serve to render our revolution, such a blessing to our-
selves, and to our posterity, as it has capacitated us to
enjoy.

304 1786. — May Session.

Resolved, That his Excellency the Governor, his Honor
the Lieut Governor, and the Honorable Council, be
requested to accompany the two branches of the Legis-
lature, on this occasion, and that His Excellency be
requested to direct the discharge of Cannon, in such man-
ner as he may think proper. And the Chaplain of the
General Court is desired to officiate in the religious exer-
cises of the day.

And it is further Resolved, That the Governor of this
Commonwealth, for the time being, with advice of Coun-
cil, be requested, on all occasions of this kind in future,
to provide a convenient place for the Governor, Lt. Gov-
ernor, the Council, and the two branches of the Legislature
(if sitting) to convene in, for the purposes of performing
the religious exercises mentioned in this Resolve, and to
direct the discharge of Cannon, in such manner as is here-
in before mentioned. June 30, 1786.

Chap

Chapter 71.

171 RESOLVE GRANTING TO EACH OF THE COMMISSIONERS, ELECTED
TO MEET IN CONVENTION AT ANNAPOLIS, ONE HUNDRED
POUNDS.

Resolved, that there be allowed to each of the Commis-
sioners, chosen to represent this Commonwealth, in the
Convention to meet at Annapolis, in September next, the
same pay as is allowed to the Delegates of this Common-
wealth in Congress.

And it is further Resolved, that there be paid out of the
Treasury, to each of the said Commissioners, who may go
forward on the business of their appointment, the sum of
One hundred pounds, they to be accountable for the same.

June 30, 1786.

Chapter T>.

Char) 72 RES0LVE 0N THE petition of thomas russell, and john

1 CODMAN, JUN. DIRECTING THE COLLECTOR AND NAVAL

OFFICER FOR THE PORT OF BOSTON, TO DELIVER SUCH
PART OF THE SHIP MENTIONED, &c, AS WOULD ACCRUE TO
THIS COMMONWEALTH IN CASE OF CONDEMNATION.

On the petition of Thomas Russell & Jn°- Codman,
Junr both of Boston, Merchants, and Owners of the
Ship Boston packet, JSTath1- By field Lyde master, praying
that the said Ship, now under seizure for breach of Law,

1786. — May Session. 305

might be released, & not exposed to further prosecution,
for reasons sett forth in said Petition :

Hesolved, that the Collector & Naval Officer for the
port of Boston, who seized the said Ship Boston packet,
be, and they are hereby directed, to deliver up to the said
Thomas Russell & John Codman, Jun- such part of the
said Ship, with her Appurtenances, as would accrue to
this Commonwealth, if the same were tried & con-
demned. june 30, 1786.

Chapter 73.

RESOLVE ON THE PETITION OF ABNER GOODELL, EMPOWERING Chart 73
HIM TO RE-ENTER THE ACTION AT THE NEXT COURT OF COM- Kj,iaV* * °
MON PLEAS TO BE HOLDEN AT BOSTON, BROUGHT AGAINST
HIM BY DAVID BROWN, HE NOTIFYING THE SAID BROWN
THEREOF.

Whereas, Abner Goodell hath prayed for a new trial in
a case brought against him by David Brown of Salisbury
in the State of Connecticut, in which cause he was de-
faulted, as mentioned in his petition, for reasons therein
contained ; and whereas the adverse party has been noti-
fied, agreeable to an Order of the General Court, to shew
cause, if any he had, why the prayer of the said petition
should not be granted, but did not appear : Therefore,

Hesolved, that Abner Goodell be, and he hereby is em-
powered to re-enter, at the next Court of Common Pleas,
to be holden at Boston, in and for the county of Suffolk,
on the first Tuesday in October next, the action brought
against him at the said Court in January last, by David
Brown, and the same process shall be had upon the said
Action so re-entered, as if the default aforesaid had not
been made thereon, but had been continued to the said
first Tuesday of October, provided the said Abner Goodell
shall notify the said David Brown of this Resolve, by
serving him, or his Attorney, with an attested copy of
the same, Twenty days at least previous to the said first
Tuesday in October, and that all proceedings on said
action be stayed in the mean time. July 1, 1786.

Chapter 74.

RESOLVE ON THE PETITION OF JOHN BRADISH AND ABEL Chart 74-
PACKARD, JUN. SELECTMEN OF THE TOWN OF CUMMIXG- Kj"jUJf* l±
TON, DETERMINING THE DIVIDING-LINE BETWIXT SAID
TOWN, AND THE DISTRICT OF PLAINFIELD.

On the Petition of John Bradish and Abel Packard,
jun?. Selectmen of the town of dimming ton, in behalf

306 1786. — May Session.

of said town, praying that the dividing-line betwixt said
Town, and the district of Plainfield, may be ascertained
and Established, and also that their several proportions
of State and County Taxes may be Assigned, as Set forth
in said Petition :

Resolved, that the dividing line betwixt the town of
Cummington, and the District of Plainfield, be as follow-
eth, viz. begining on the Easterly line of said Town and
District at the South East corner of lot No. 5, in the 3r.d
Division ; from thence Ranging Westerly in the South-
erly line of said Lot, To the North East Corner of Lot
No. 32 in said division ; and from thence Keeping the
same Range westerly, To the Easterly line of the Town
of Windsor said Dividing line To be Exactly Parellel
with the Southerly line of said Town of Cummington.

And be it further Resolved that the proportion of said
Town of Cummington in all future Taxes of said Com-
monwealth, on the present valuation, be Twenty three
shillings and Two pence on Each Thousand p>ou?ids, and
the proportion of said District of Plainfield, in all future
Taxes of said Commonwealth, on the Present valuation,
be Ten shillings and Seven pence \ penny on Each Thou-
sand pounds.

And be it further Resolved, That said Town of Cum-
mington's proportion of the Tax Granted by said Com-
monwealth in March, 1786, be and is £372.7.10. and
said District of PlainfieUVs Proportion of said Tax is
£170.7.10. and the Assessors of said Town and district
are hereby Severally Authorized and empowered to Assess
the aforesaid Sums as the law directs. July 3, 1786.

Chap. 75

Chapter 75.

RESOLVE MAKING GRANTS TO THE REV. PRESIDENT OF HAR-
VARD COLLEGE, AND THE PROFESSORS OF THE SAID COL-
LEGE.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to the Rev. Joseph Wil-
lard, D. D. President of the University in Cambridge the
sum of four hundred and eighty three pounds six shillings
and eight pence, which is to be in full for his services as
President, for two years and five months, viz. from the
first of Jany. 1784, to the thirty first of May 178(5, being
at the rate of two hundred pounds per annum.

To the Rev1-1 Edivd. Wigglesworlh, Hollisian Professor
of Divinity, in the said University, the sum of two hun-

1786. — Mat Session. 307

dred and forty one pounds, thirteen shillings and Jour
pence, in full for his services for the two years and five
months aforesaid, being at the rate of One hundred pounds,
per annum.

To the Rev? Samuel Williams, L. L. D. Hollisian Pro-
fessor of Mathematicks and Natural Philosophy in the
said University, the sum of two hundred and forty one
pounds, thirteen shillings and four pence, in full for his
services, for the two years and five months before men-
tioned, being at the rate of One hundred pounds, per
annum.

To Eliphalet Pearson, A. M. Hancock Professor of
Hebrew, and other oriental languages, the sum of fifty
three pounds, thirteen shillings and four pence, in full for
his services for five months next preceeding the said thirty
first of May 1786, being at the rate of One hundred
pounds, per annum, and including twelve pounds, allowed
him for his expences in removing to Cambridge; the
beforementioned sums being in addition to the Salaries
allowed to the President and Professors beforementioned,
respectively, from the College funds. July 3, 1786.

Chap. 76

Chapter 76.

RESOLVE ON THE PETITION OF WILLIAM DRAKE, TO NOTIFY
THE ADVERSE PARTY TO SHEW CAUSE.

On the Petition of William Drake, praying that he
may enter an appeal, and have a new trial at the next
Supreme Judicial Court to be holden at Boston, on an
Action commenced against him by Isaac Wendell :

Resolved that the prayer of the said petition be so
far granted, as that the petitioner serve the said Isaac
Wendell, with an attested copy of his petition, and this
Resolve thereon, fifteen days at least, before the second
Wednesday of the next sitting of the General Court, that
he may then shew cause, if any he hath, why the prayer
of the said petition should not be granted, and that execu-
tion be stayed in the mean time. July 3, 1786.

Chapter 77.

RESOLVE ON THE PETITION OF ELEAZER BROOKS, AND FRAN- fyi rrrr

CIS FAULKNER, ESQUIRES, ADMINISTRATORS ON THE ESTATE ^lia'P' * *
OF DANIEL BROOKS, LATE OF ACTON, IN MIDDLESEX
COUNTY.

On the Petition of Meazer Brooks, and Francis Faulk-
ner, Esquires, Administrators on the Estate of Daniel

308 1786. — May Session.

Brooks, late of Acton, in the County of Middlesex, de-
ceased, represented Insolvent, Shewing, That having been
appointed Administrators as aforesaid, in the year 1773,
they accordingly proceeded in the Business of their Ap-
pointment ; But, from Impediments which arose in the
late Revolution, from the Courts not being open, and
(since they have been open) for want of official Papers,
supposed to have been lost in a Time of general Confusion,
and which to this Day have not been found, although fre-
quent and diligent Search has been made for them, in the
Office of the Court of Probate for the said County, as
appears by a certificate from the Register thereof, that
they the said Petitioners have not been able to compleat
the Settlement of the said Estate, and therefore praying,
that the Judge of the Probate of Wills for the said County,
may be authorized to make a Dividend and legal Settle-
ment of the said Estate, upon the best Evidence that the
State of the Case will admit of:

Resolved, That for the reasons set forth in the said Peti-
tion, the Prayer thereof be granted ; And that the Judge
of the Probate of Wills for the County of Middlesex, be,
and he hereby is authorized and empowered, to make a
Dividend and legal Settlement of the Estate of Daniel
Brooks, late of Acton, in the said County, deceased, rep-
resented Insolvent, upon the best Documents and Evidence
that can be obtained, and in such Manner as shall appear
to him most equitable. July 3, 1786.

Chapter 78.
Char) 78 RES0LVE 0N THE petition of gilbert dench, empowering

"' HIM TO RE-ENTER A CERTAIN ACTION AT THE COURT OF

COMMON PLEAS NEXT TO BE HOLDEN AT NORTHAMPTON,
HE NOTIFYING THOMAS WHITBECK THEREOF, OR HIS AT-
TORNEY.

Whereas it appears to the General Court that at the
Court of Common Pleas holden at Northampton, within
and for the County of Hampshire, on the last Tuesday of
August last past, Thomas L. Whitbeck, recovered judg-
ment against Gilbert Dench, on a note of hand given by
the said Dench, to the s^ Whitbeck, for forty Bushels of
Salt ; and it appearing reasonable, that there should be a
Trial of the Action aforesaid, for Reasons set forth in the
Petition : Therefore,

Resolved, that the said Gilbert Dench be and he hereby
is impowered to re-enter the said Action at the Court of

1786. — May Session. 309

Common Pleas next to be holden at Northampton, within
and for the same County, on the last Tuesday of August
next, and the said Court are hereby authorized and
directed to proceed thereon according to Law, and the
Rules of the said Court, in the same manner as if the said
Action had been regularly continued in Said Court, he the
said Bench serving the said Wliitbeck or Samuel Foioler
Esqr ; attorney to the said Whitbeck, with an attested
copy of this Resolve, twenty days at least, before the
same Court and that the Execution on the said judgment
be stayed in the mean time. July 5, 1786.

Chapter 79.

RESOLVE ON THE PETITION OF ABIGAL BROWN, ADMINISTRA- rrLnir. 7Q
TRIX ON THE ESTATE OF ENOCH BROWN, DECEASED. ^flO/p. (if

On the Petition of Abigal Brown, Administratrix of the
Estate of her late Husband, Enoch Brown, deceased :

Resolved that the Petitioner, (for reasons set forth in
her petition) be, and she hereby is, authorized and im-
powered, in her Capacity as Administratrix aforesaid, to
make and execute a good and lawful Deed to Jonathan
Bowditch, of Franklin, in the County of Suffolk, of a
certain real Estate lying in the said Town of Franklin
(being the same Estate that the said Bowditch lately gave
a Deed of to the said Broivn) consisting of a dwelling
House, Barn, and one hundred and ten Acres of Land :
On condition that he the said Bowditch, pay unto the said
Abigail Broivn, Administratrix as aforesaid, before the
executing of the said Deed, the whole Sum that may be
found due from him, the said Bowditch, to the Estate of
the said Enoch Broivn, for which the Estate of the said
Bowditch was made over as security ; She the said Ad-
ministratrix to be accountable for the same to the Judge
of Probate for the County of Suffolk, any Law or Resolve
to the contrary notwithstanding. July 5, 1786.

Chapter 80.

RESOLVE ESTABLISHING THE PAY OF THE GENERAL COURT.

Resolved that there be allowed and paid out of the
public Treasury, the Sum of Eight Shillings to each
member of the Honorable Council and the Sum of Seven
Shillings and Sixpence, to Each member of the' Honora-
ble Senate ; and the Sum of Seven Shillings to Each
member of the house of Representatives, for Each day

Chap. 80

310 1786. — May Session.

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 the
place of the Court's Sitting.

And it is further Resolved, that there be Granted and
paid out of the Publick Treasury, to the Honb1.1 Samuel
Phillij)s, Jr. Esqr ; President of the Senate, the Sum of
Six Shillings per Day ; and to the Honb!1 Artemas Ward,
Esqr; Speaker of the House of Representatives, the Sum
of Six Shillings per Day, for Each day's attendance on
the General Court, at the present Sitting, over and above
their Respective pay as members thereof.

And be it further Resolved that there be allowed and
paid out of the publick Treasury, to Mr. George Richards
Minot, Clerk of the House of Representatives, and also
to Mr. Samuel Cooper, Clerk of the Honb!1 Senate, the
sum of forty pounds Each on account of their services the
present year. July 5, 1786.

Chapter 81.

CkaV 81 RES0LVE 0N THE PETITION OF JOSEPH LEE, AND WILLIAM
"' WILLARD, ADMINISTRATORS ON THE ESTATE OF AAROX

WILLARD.

On the Petition of Joseph Lee, and William Willard,
Administrators on the Estate of Aaron Willard, Praying
that the Commissioners on Said Estate may be Directed
to make Return of their Doings to the Judge of Probate,
the Time Limited by Law being Elapsed notwithstanding :

Resolved, That the Prayer of the Said Petition be
Granted, and the Said Commissioners are Directed to
Make return of their doings to the Judge of Probate for
the County of Worcester, as Soon as may be, and the
Said Judge is hereby impowered to receive the Same, the
time Limited by Law being Elapsed Notwithstanding.

July 5, 1786.

Chapter 82.

Chan 82 RES0LVE requesting his excellency forthwith to issue
■L ' HIS proclamation, forewarning all persons against

purchasing the contested lands from the state of
xew-tork, and instructing the delegates to remon-
strate against the proceedings of said state.

Whereas a Federal Court is instituted, to determine the
interfering claims of this State, and of the State of JSfew
York, to lands described in the preamble of an Act of

1786. — May Session. 311

Congress, of the 3rd day of June 1784, instituting the said
Court. And whereas the State of New York has availed
itself of the delays which have taken place, in the appoint-
ment of the Judges, and made sale of large tracts of the
lands aforesaid, without the consent of this Common-
wealth.

Resolved, that his Excellency the Governor of this
Commonwealth, be authorized and requested forthwith to
issue His Proclamation, forewarning all persons against
purchasing the said contested lands, or any part thereof
from the State of New York, previously to the determi-
nation of the right of soil, and jurisdiction, by the Federal
Court aforesaid, or to settle on the said lands, which have
been or shall be so purchased ; as such grants, in case the
said lands shall be found to be within the jurisdiction of
this State, will be considered null and void.

And be it further Resolved, that the Delegates of this
Commonwealth in Congress, be instructed to remonstrate,
in behalf of this Commonwealth, against the proceedings
of the State of New York, in the sale of the said contested
lands, and to lodge a copy of their remonstrance with his
Excellency the Governor of that State, and have the same
entered on the Journals, or files of Congress.

July 5, 1786.

Chapter 83.

RESOLVE ON THE PETITION OF HOBART CLARKE, ADMINISTRA- QhaV g3
TOR ON THE ESTATE OF BENJAMIN RUGGLES. *■ '

Upon the Petition of Hobart Clarke, Administrator on
the Estate of Benjamin Ruggles, deceased :

Resolved, that the Justices of the Court of Common
Pleas, for the County of Suffolk, be, and they are hereby
authorized and empowered, to proceed in taking the
Acknowledgment of a deed, made to the said Benjamin,
by one Samuel Ruggles, deceased, and dated the 17th
March 1726, in manner as is prescribed by a resolve of
this Court of the 24th of February last. July 5, 1786.

Chapter 84.

RESOLVE ON THE PETITION OF SARAH BENSON. CllClT). 84

Upon the Petition of Sarah Benson, wife of Joshua
Benson :

Resolved, that the said Sarah Benson, be, and she

312 1786. — Mat Session.

hereby is authorized and empowered to make sale of any
lands she may hold in her own right, and to make and
execute good and sufficient warrantee Deeds to the Pur-
chaser or Purchasers of the same ; and the said Deeds, by
her duly executed, shall be deemed good and valid, to all
intents and purposes, any law or usage to the contrary
notwithstanding. July 5, 1786.

Chap. 85 Chapter 85.*

[May Session, ch. 86, 1786.]

Chapter 86.

CkaV 86 RES0LVE AUTHORIZING THE GOVERNOR, AND COUNCIL TO FILL
■L ' UP ANY VACANCIES THAT MAY TAKE PLACE IN THE COM-

MISSIONERS, FOR HOLDING A COMMERCIAL CONVENTION
OF THE UNITED STATES AT ANNAPOLIS, ON THE FIRST
MONDAY OF SEPTEMBER NEXT.

Resolved, that His Excellency the Governor, by and
with the advice and consent of Council, be, and he hereby
is authorized and requested to fill up any vacancies, that
may take place, on the part of this Commonwealth, in the
Commission for holding a commercial convention of the
United States, at Annaj)oUs, on the first Monday of Sep-
tember next. July 6, 1786.

Chapter 87.

Ohai) 87 RES0LYE EMPOWERING THE COMMITTEE FOR SETTLING WITH
"* THE ARMY, TO SETTLE THE HALF PAY DUE TO THE WIDOWS

AND ORPHAN CHILDREN OF THE OFFICERS OF THIS STATE'S
LINE, WHO DIED ; AGREEABLE TO A RESOLVE OF CONGRESS
OF THE 24th OF AUGUST 1780, THE SUMS TO BE CERTIFIED
TO THE GOVERNOUR.

Whereas by a Resolve of Congress, passed on the 24th
of August 1780, it is provided, that Seven Years half pay
shall be allowed to all Widows, and Orphan children of
such Officers as had Died, or might thereafter Die in the
Service of the United States, and paid by the Legislature
of the State where such Officer belonged ; the pay to com-
mence at his Death and the amount thereof to be charged
to the United States : Therefore,

Resolved, that the Committee for settling with the

* Governor's message, see end of volume.

1786. — May Session. 313

Army, be, and they are hereby impowered and directed
to settle the half Pay due to the Widows and Orphan
children of the Officers of this State's line of the Conti-
nental Army, who Died in the Service of the united States,
agreeably to the Resolve of Congress the 24th of August,
1780, as the same shall become due, which sums shall be
paid by the Treasurer, in Notes, bearing date at the time
the said half pay became Due, payable in three years from
the Date, with Interest. And all Sums Settled and al-
lowed for half pay as aforesaid, Shall be Certified by the
said Committee to the governor, who is requested to issue
warrants on the treasury for the same, to be paid as afore-
said. July 6, 1786.

Chapter 88.

RESOLVE RESPECTING STATE EXECUTIONS, WITH DIRECTION (JJ^^j 88
TO THE SECRETARY TO PUBLISH THE SAME IN SEVERAL ■*■ '

PAPERS.

Whereas the permitting State Executions against defi-
cient Constables and Collectors, to be repeatedly returned
unsatisfied, or satisfied in part only, and thereupon issu-
ing alias Executions against such Constables and Collec-
tors, without evident necessity therefor, discovers want
of energy in Government, and will operate to the real
injury of delinquents, and tend to discourage such as
have, or may exert themselves, for the purpose of paying
in due season, their respective proportions of the public
taxes : Therefore,

Resolved, That the Treasurer of this Commonwealth be,
and he hereby is directed, when any Execution by him
issued against any deficient Constable or Collector of pub-
lic taxes, shall be returned not satisfied, or satisfied in
part only, particularly to enquire into the necessity of
such return, and if upon such enquiry, he shall have rea-
son to apprehend that the Sheriff, or his Deputy, who
returned the same, has been negligent in his duty, the
Treasurer shall lay the matter before the Governour and
Council for their examination.

And it is further Resolved, that in all cases, where the
Treasurer, after three months from the passing this Re- ,

solve, shall issue an Execution against any deficient Con-
stable or Collector, for any sum due on the first moiety
of the Continental tax, granted in the Year 1782, or for

314 1786. — Mat Session.

any tax granted before that period, no alias Execution
shall issue, except by direction of the Governor and Coun-
cil, against such Constable or Collector, for the same sum,
or any part thereof, unless it shall appear from a return
of the former Execution, made within one month from the
return-day thereof, that the Sheriff could not find the
body or estate of such deficient Constable or Collector
within his precinct ; but the Treasurer shall immediately
after the expiration of the said term of one month, issue
an Execution, directed to a Coroner of the County, against
the estate of the Sheriff, to whom such former Execution
was directed, for the whole sum due on the same Execu-
tion, who is hereby authorized and required, to levy and
collect the same accordingly.

And be it further Resolved, that if any Sheriff shall,
after the expiration of the three months aforesaid, neglect
to return any Execution to him directed, and committed,
against any deficient Constable or Collector of the first
moiety of the Continental tax, granted in the Year 1782,
or of any State tax, granted before that period, within
the time limited by law for returning such Execution, the
Treasurer is hereby directed and required forthwith to
issue an Execution against the estate of such Sheriff, di-
rected to a Coroner of the County, for the whole sum due
on the Execution against such deficient Constable or Col-
lector, that the same may be levied and collected accord-
ing to Law.

And be it further Resolved that the Secretary be, and
hereby is directed, to cause this Resolve to be published
in the independent Chronicle, the Massachusetts Gazette,
the newspapers printed in Plymouth, JTeicbury Port,
Worcester and Springfield, and the Cumberland Gazette,
three weeks successively. July 6, 1786.

Chap

Chapter 89.

g9 RESOLVE ON THE REPRESENTATION OF COTTON TUFTS, ESQ;
AUTHORIZING THE SELECTMEN AND ASSESSORS OF THE
TOWN OF WEYMOUTH, TO DEMAND AND RECEIVE THE SEV-
ERAL TAX BILLS COMMITTED TO ZACHARIAH BICKNALL.

Whereas it has been represented to this Court, that
Zachariah Bid-nail, a Collector of Taxes for the Town of
Weymouth for the Year 1784, is rendered incapable of
compleating his Collection of Taxes, by Reason of Insanity

1786. — May Session. 315

of Mind, and it being expedient that some other Person
should be appointed to compleat the said collections :
Therefore,

Resolved, That the Selectmen and Assessors of the said
Town of Weymouth, be and they are hereby authorized
and empowered to demand and receive the several Tax
Bills committed to the said Zachariah, to examine and
ascertain the Ballance remaining due on each, and to
appoint some suitable Person to compleat the Collection
of the said Taxes, and to commit the said Bills to the
Person they shall so appoint.

And the Assessors of the said Town are hereby directed
to certify the Sum or Sums that remain uncollected on
any of the said Bills, to the respective Treasurers, to
whom they are due, together with the Name of the Person
appointed to compleat the said Collections ; And the
Person appointed as aforesaid, shall have Power and
Authority to collect such Sum or Sums as shall remain
due on the said Bills, in as full and ample Manner, as the
said Zachariah originally had, and shall be under like
Obligations to pay the Sum or Sums that remain to be
collected on the said Bills, to the several Treasurers to
whom they are respectively due ; And this Pesolve shall
be considered as a sufficient Warrant for the enforcing the
Payment of such Taxes as may be due on the Tax Bills
aforementioned. July 6, 1786.

Chapter 90.

RESOLVE APPOINTING BENJAMIN LINCOLN, THOMAS RICE, AND fJifjjy Of)
RUFUS PUTNAM, ESQUIRES, COMMISSIONERS TO TREAT WITH l^'lUjLJ' VKJ
THE PENOBSCOT TRIBE OF INDIANS, RESPECTING THEIR
CLAIMS ON PENOBSCOT RIVER, AND EMPOWERING THEM TO
DO AND PERFORM CERTAIN MATTERS REQUIRED BY A RE-
SOLVE OF MAR CII 18th, 1785, AND DIRECTING THE SECRETARY
TO NOTIFY SAID COMMISSIONERS OF THEIR APPOINTMENT,
AND GIVING THEM CERTAIN INSTRUCTIONS, AND EMPOW-
ERING THE GOVERNOR AND COUNCIL TO GIVE SAID COMMIS-
SIONERS FURTHER INSTRUCTIONS, AND GRANTING THEM
ONE HUNDRED AND FIFTY POUNDS.

Whereas several Gentlemen were appointed by a resolve
of the General Court of March the eighteenth, 1785, to
treat with the Penobscot Tribe of Indians, respecting their
Claims to Lands on Penobscot River, and it does not
appear that the said Gentlemen ever met the said Indians

316 1786. — Mat Session.

for that Purpose, and it being expedient that some Meas-
ures be taken without Delay, for effecting the valuable
Purposes intended by the said Resolve.

Therefore Resolved, That Benjamin Lincoln, Thomas
Rice, and Rufus Putnam, Esqr^' or any two of them, be,
and they are hereby appointed Commissioners to treat
with the Penobscot Tribe of Indians, respecting their
Claims to Hands on Penobscot River, And the said Com-
missioners are hereby fully authorized and empowered to
do and perform the several Matters and Things required
by, and contained in the said Resolve of March the 18th,
1785, as fully and amply as the several Gentlemen men-
tioned therein were by the said Resolve empowered to do
and perform, reference thereto being had. And the Secre-
tary is hereby directed to notify the said Commissioners
of their Appointment, and to request of them an immedi-
ate answer of Acceptance or Refusal, and to furnish such
as shall accept, with a Copy of this and the aforesaid
Resolve of March the 18th, 1785, with such other Papers
as the said Commissioners may find necessary. And in
case any one or more of the said Commissioners shall
decline the Service, the Governor, with Advice of Council,
is hereby authorized and empowered to appoint some
other Person or Persons, to fill up the Vacancy, and to
Assign some Day in August next, or as soon as may be,
for the Meeting of the said Commissioners, in some Place
on Penobscot River, for the aforesaid Purpose.

And the said Commissioners are hereby instructed to
consider of the Expediency of opening a Road from some
part of Penobscot to Schooduch, and in what Part it
would be most convenient, should they conceive it expe-
dient : And they are also directed to enquire into the State
of such Plantations, in the County of Lincoln, as are not
incorporated, and what Number of them are qualified for
Incorporation ; the Condition of the Settlers in the several
Plantations ; and where any Complaints subsist among
them, what they are, so that Government may adopt some
suitable Measures to give Ease and Relief to any that
may have just Reason to complain. And further, the
said Commissioners are instructed, to consider of the Expe-
diency of making a Division of the said County of Lincoln
into two or more distinct Counties.

And the Governor with the Advice of Council, is
hereby authorized and empowered, to give to the said

1786. —May Session. 317

Commissioners such further Instructions and orders rela-
tive to the proposed Treaty, and adjustment of the Settle-
ment with the said Tribe of Indians, as may be found
necessary to carry the said Resolve of March the 18th,
1785, into Execution, and conformably thereto.

And the said Commissioners are directed to make
Report of the whole of their Doings hereon, to the Gov-
ernor and Council, so that the same may be laid before
the General Court at their next Sitting.

And it is further Resolved, That there be allowed and
paid unto the said Commissioners, the Sum of One hun-
dred and fifty pounds, to enable them to execute the
Business of their Appointment, they to be accountable for
the Expenditure of the said Money. July 6, 1786.

Chapter 91.

RESOLVE RELATIVE TO THE COMMITTEE APPOINTED 28th OF
OCTOBER 1783, ON THE SUBJECT OF THE EASTERN UNAPPRO-
PRIATED LANDS, DIRECTING THE COMMISSARY GENERAL TO
FURNISH A QUANTITY OF PROVISION, AND EMPOWERING
THE SAID COMMITTEE TO SELL FOR SPECIE, SUCH A QUAN-
TITY OF LAND AS WILL AMOUNT TO SIX HUNDRED POUNDS,
TO ENABLE THEM TO EXECUTE THE ORDERS OF THE GEN-
ERAL COURT.

On the Report of the Committee appointed by a Resolve
of the General Court of the 28th of Octr 1783, on the
Subject of unappropriated Lands in the County of Lincoln:

Resolved, that the Commissary General be, and he
hereby is directed to furnish the said Committee with six
Barrels of Pork, one Barrel of Beef, and Eight hundred
pounds of Ship Bread to enable them to prosecute the
Business of their Commission ; the said Committee to be
accountable to the General Court for the Expenditure of
the same.

Resolved, that the Committee appointed by a resolve
of the General Court, of the 28th of October 1783, on the
subject of unappropriated lands in the County of Lincoln,
be, and they hereby are authorized and empowered to sell
for specie, such a quantity of land, as will amount to a
sum not exceeding six hundred jiounds, for the purpose
of enabling them to execute the orders of the General
Court, relative to the object of their appointment, they
to be accountable for the expenditure thereof.

July 6, 1786.

Chap, 91

318 1786. — Mat Session.

Chap. 92 Chapter 92.*

[May Session, ch. 92, 1786.]

Chap. 93 Chapter 93.*

[May Session, ch. 93, 1786.]

Chap. 94 Chapter 94.*

[May Session, ch. 94, 1786.]

Chapter 95.

Chart 95 RES0LVE directing the commissary general to pur-

* CHASE SIX BRASS CANNON, FOR THE USE OF THIS COM-

MONWEALTH; AND GRANT TO, cScc.

Whereas it is necessary, that the several Artillery Com-
panies within this Commonwealth should be immediately
furnished with Cannon, to compleat which Salutary Meas-
ure, a sufficient Number are not yet provided :

Resolved, That the Commissary General be, and he
hereby is empowered and directed to purchase, for the
use of this Commonwealth, Six brass Cannon, Each carry-
ing a four pound shot, if to be bought at the rate of One
Shilling for each pound that they may weigh ; and at Six
Months Credit.

Resolved that there be paid out of the Treasuiy of this
Commonwealth, to the Commissary General, for the pur-
pose aforesaid, and in Six months after such purpose may
be made, such Sum or Sums as the said Six Cannon may
amount to, at the rate aforesaid. July 7, 1786.

Chap. 96

Chapter 96.

RESOLVE ON THE PETITION OF JAMES Mc'KINSTRT.

On the petition of James Mc'Kinstry, praying that cer-
tain lands may be sold to him, which belong to this Com-
monwealth :

Resolved, for Reasons set forth in said Petition, that
the Committee appointed to sell the Estates of Conspira-
tors and Absentees in the County of Worcester, be, and
they are hereby empowered and directed to sell to the

* Governor's message, see end of volume.

1786. — May Session. 319

said James Mc'Kinstry a Tract of Land lying in Charl-
ton, in said County, containing about Seventy Acres, be-
ing that Part of a Tract of Land known by the Name of
Brown's Farm, which was Leased to the said James on
the Twenty Fifth Day of October 1779, by Lemuel Kol-
lock, Esqr ; in behalf of the Commonwealth, and Elijah
Dunbar, Esqr ; in behalf of himself, and of the other
Tenants in Common of Said tract of Land ; said James
Mc' Kinstry paying to the Committee aforesaid such Con-
sideration therefor as they shall Judge would be the Value
of the Land at the Time of Sale, were the same in a state
of nature ; and the said Committee are hereby empowered
to appraise the said land in the Securities of this Com-
monwealth or the securities of the United States, called
Final Settlements, and to receive payment therefor, in
such securities as the same may have been appraised in.

July 7, 1786.

Chapter 97.

RESOLVE REQUESTING THE HONOURABLE JOHN HANCOCK, Q]iar> 97
ESQ; TO RENEW HIS APPLICATION IN ORDER TO CARRY 1 '

INTO EFFECT THE RESOLVE OF OCTOBER 28th, 1783, TO
OBTAIN THE AMOUNT OF A CERTAIN NOTE GIVEN BY
MICHAEL HILLIGAS, AND REPORT TO THE GENERAL COURT

Whereas a resolve was passed October 28th, 1783, re-
questing his Excellency Jn°. Hancock Esqr ; to use his
Endeavours to obtain the amount of a certain Note, (given
by Michael Hilligas, Esqr ; to said Hancock) by procur-
ing an Order on James Lovell, Esqr ; Continental receiver
of Taxes of this State ; and Notwithstanding his repeated
applications on the Subject, nothing as yet has been Ob-
tained : Therefore,

Resolved, that the Honble Jn°. Hancock, Esqr ; be, and
he hereby is Requested to renew his applications, in order
to carry into effect the Resolve of October 28th, 1783, and
make report of his proceedings to the General Court, at
their next Sitting. July 7, 1786.

Chapter 98.

RESOLVE DIRECTING THE SECRETARY TO MAKE ENQUIRY (JhaT) 98
RELATIVE TO JASPER MAUDUIT'S ACCOUNTS. *■ '

Resolved, that the Secretary be, and he hereby is
directed to make enquiry into the State of the accounts

320 1786. — Mat Session.

of Jasper Mauduit, Esqr ; late Agent of the Province,
now State of Massachusetts, and lay a statement of the
same before the General Court, at their next sitting.

July 7, 1786.

Chapter 99.

CIlClT) 99 RES0LVE INSTRUCTING THE COMMISSIONERS, APPOINTED TO
P* REPRESENT THIS COMMONWEALTH IN THE COMMERCIAL

CONVENTION TO BE HELD AT AXXAPOLIS, THE FIRST
MONDAY OF SEPTEMBER NEXT.

Resolved, That the Commissioners appointed to repre-
sent this CommonWealth in the commercial Convention to
be held at Annapolis the first Monday of September next,
be, and they are hereby instructed to propose, and use
their Endeavours for carrying into effect a general regu-
lation throughout the United States, whereby a quarter
part, or some other proportion of the amount of all pro-
duce and Manufactures, exported from the several States,
shall be imported in Specie, in order to increase a Medium
of Commerce, so much wanted thro'out the Union.

July 7, 1786.

Chapter 100.

ni. inn resolve authorizing the commissary general to make
is nap. wv such repairs at castle island as are necessary,
and granting him four hundred pounds.

Resolved, That the Commissary General be, and he is
hereby authorized and directed to make such Repairs at
Castle Island as are necessary to secure the West Head
from wasting away, by making a wooden wharf round the
Same ; to prevent the further ruin of the Embrasures, by
new Casing the same with fresh Sods ; and to repair the
Platforms.

And it is further Resolved, That the sum of Four hun-
dred Pounds be paid out of the Treasury of this Common-
wealth to Richard Devens, Esqr; Commissary General,
to Enable him to begin the Repairs aforesaid.

July 7, 1786.

1786. — May Session. 321

Chapter 101.

REPORT ON THE GOVERNOR'S SPEECH RESPECTING THE FINAN- QJiarf \Q\
CES OF THIS COMMONWEALTH, PROPOSING TO THE CREDIT- ^'

ORS OF GOVERNMENT A SYSTEM OF PAYMENT, AND DIRECTING
THE TREASURER TO SUSPEND UNTIL THE FIRST OF APRIL
NEXT, ISSUING HIS WARRANTS FOR APPORTIONING AND COL-
LECTING THE SUMS THAT ARE OR MAY BE DUE IN CONSE-
QUENCE OF CERTAIN SUPPLY BILLS.

The Committee of both Houses, Appointed to take into
consideration that part of his Excellency's Speech, which
respects the finances of this Commonwealth, ask leave to
Report :

That it Appears, that the General Court in Order to
Obtain Loans to defray the necessary expences of the late
War, Stipulated in the Supply Bills for the payment of
those loans at an earlier period than is within the Abilities
of the People to pay, and that those Supply Bills require
the Treasurer, after the first of July next, to Issue his
Warrants for Apportioning and Collecting a larger sum,
than will at that time become due ; and that the Annual
Expences of Government will considerably encrease the
debt, and that in addition to the domestick debt of this
State, this Commonwealth, by the Confederation, is Sol-
emnly Bound to pay its proportion of the. federal debt,
which will amount to a very considerable Sum Annually ;
That Attempts however have been made by Government,
to comply with their promise ; in consequence of which,
Taxes have issued for the redemption of the Army Notes,
amounting to £240,000 ; which with the other Taxes now
laying on the People, is as much as can be paid in the
course of the current year. This being the embarrassed
Situation of the finances of this Commonwealth, it is the
Opinion of the Committee, (founded on the foregoing
facts) that it is Advisable, if not Absolute^ necessary,
to propose to the Creditors of Government, a System of
payment, by which certain proportions of the debt, to
which the publick ability would probably be equal,
Should be Annually paid, until the whole be extin-
guished, and that this S}rstem be Adopted and carried
into Effect, at the next sitting of the General Court ; and
that the Treasurer of this Commonwealth be directed to
Suspend until the first of April next, Issuing his War-
rants for Apportioning and Collecting the Sums that are

322 1786. — Mat Session.

or may be due in consequence of the aforesaid Supply
Bills ; and that on every principle of Justice and good
Policy, it will be Indispensibly necessary to continue the
Impost and Excises which are Appropriated for the pay-
ment of the Interest of the loans of this State, and other-
ways, to make ample provision for the punctual payment
of the Interest of the aforesaid loans, until the whole debt
Shall be discharged. Your Committee also are informed
by the Treasurer, that there is £23,635=16=1 If of the
new Emission Money, not yet Collected ; but as the
General Court have passed an Order the present Session,
respecting the Collecting certain Arrearages of Taxes,
they conceive it will not be necessary to pass any further
Order respecting that matter.

Read and accepted. July 7, 1786.

Chapter 102.

Ckap.102 RESOLVE ON THE PETITION OF EZRA JEWELL, TO SERVE THE
■* ' ADVERSE PARTY WITH A COPY OF HIS PETITION, AND ORDER,

TO SHEW CAUSE &c.

On the Petition of Ezra Jewell:

Resolved, That the said Ezra Jewell serve the adverse
party with an attested copy of his Petition, and this order
thereon, ten days at least before the second Wednesday
of the next sitting of the Gen! Court, then to appear and
shew cause, if any there be, why the prayer of said peti-
tion should not be granted ; and that in the mean time the
execution on the Judgment refered to in the petition, be
staid. July 7, 1786.

Chapter 103.

Chap.103 REPORT ON THE GOVERNOR'S MESSAGE RESPECTING THE EXPE-
^' DIENCY OF GRANTING A TAX ON THE POLLS AND ESTATES,

SUFFICIENT TO PROCURE FIFTY TONS OF SALT PETRE, AND
THE INEXPEDIENCY OF CASTING CANNON.

The Committee of both Houses, who had in Charge his
Excellency's Messages of the 21st of Feby. and the 8th of
June, 1786, have attended the Service, and Ask leave to
report as their Opinion, that it will be expedient to grant
a Tax upon the Polls and Estates in this Commonwealth,
Sufficient to Procure fifty Tuns of Salt Petre, to be Paid
in Money or Salt Petre, on or before the first Day of July
next.

1786. — May Session. 323

The Committee are further of Opinion that it would not
be expedient at Present for this Commonwealth to Cast
cannon, as mentioned in his Excellency's Message.

Read and accepted. July 8,1786.

Chapter 104.

ORDER FOR THE SECRETARY TO PUBLISH IN THE RESOLVES OF PJ.f,^ 104-
THE PRESENT SESSION, THE SUM EACH TOWN, DISTRICT AND ^auF'XKJ^
PLANTATION IS TO PAY ON THE THOUSAND POUNDS, APPOR-
TIONED BY THE LAST VALUATION.

Ordered, that the Secretary be, and he hereby is directed
to cause to be printed among the Resolves of the present
Session of the General Court, the sum each Town, District
and Plantation in this Commonwealth, is to pay on the
thousand pounds, as set and apportioned by the last
valuation.

Here follows the sums, &c.

County of SUFFOLK.

BOSTON, Sixty seven pounds three shillings and eight pence one

farthing,
Boxbury, Eight pounds thirteen shillings and four pence,
Dorchester, Seven pounds three shillings and three farthings,
Hilton, Three pounds, fifteen shillings and seven pence,
Weymouth, Four pounds and ten pence one farthing,
Eingham, Five pounds sixteen shillings and four pence three

farthings,
Braintree, Eight pounds seventeen shillings and seven pence,
Brookline, Two pounds fifteen shillings and five pence,
Dedham, Five pounds seven shillings and five pence half penny,
Needham, Two pounds nineteen shillings and eight pence three

farthings,
Medfield, Two pounds eight shillings and half penny,
Stoughton, Five pounds fifteen shillings and six pence half penny,
Wrentham, Four pounds two shillings,
Walpole, Two pounds nine shillings and six pence,
Sharon, Two pounds nine shillings and four pence one farthing,
Cohassett, Two pounds one shilling and nine pence,
Franklin, Three pounds and six pence three farthings,
Medway, Two pounds seventeen shillings and seven pence half penny,
Bellingham, One pound thirteen shillings and nine jience three

farthings,
Hull, Eight shillings and eleven pence,

Chelsea, Two pounds one shilling and eleven pence half penny,
Foxborough, One pound six shillings and five pence,
Dover, One pound twelve shillings and two pence one farthing.

County of ESSEX.

Salem, Nineteen pounds five shillings and seven pence,

Danvers, Seven pounds three shillings and seven pence half penny,

Newbury, Ten pounds ten shillings and six pence one farthhig,

324 1786. — May Session.

Newbury Port, Fourteen pounds five shillings and one penny, three

farthings,
Beverly, Eight pounds eleven shillings and two pence one farthing,
Ipswich, Eleven pounds eleven shillings and six pence one farthing,
Marblehead, Seven pounds eleven shillings and four pence three

farthings,
Gloucester, Seven pounds three shillings and six pence,
Lynn, Four pounds eighteen shillings and two pence,
Lynnfield, One pound six shillings and four pence,
Andover, Nine pounds six shillings and eleven pence three farthings,
Rowley, Five pounds eight shillings and four pence one farthing,
Topsfiehl, Two pounds sixteen shillings and nine pence three far-
things,
Haverhill, Six pounds four shillings,
Salisbury, Four pounds ten shillings and one farthing,
Almsbury, Four pounds three shillings and eleven pence,
Boxjord, Three pounds seven shillings and four pence three farthings
Bradford, Three pounds nineteen shillings and seven pence,
Methuen, Three pounds seven shillings and one penny,
Wenham, One pound ten shillings and one penny three farthings,
Manchester, One pound six shillings and three pence,
Middleton, Two pounds three shillings and five pence half jDenny.

County of MIDDLESEX.

Cambridge, Seven pounds five shillings and one penny,
Charleston, Three pounds eight shillings,
Watertown, Three pounds five shillings and three pence,
Woburn, Four pounds eighteen shillings and one penny,
Concord, Four pounds five shillings and four pence,
Newton, Four pounds six shillings and six pence,
Reading, Four pounds fifteen shillings aud three pence,
Marlborough, Five pounds two shillings and ten pence,
Billerica, Three pounds ten shillings and one penny,
Framingham, Four pounds nine shillings and two pence,
Lexington, Two pounds fourteen shillings and eleven pence,
Chelmsford, Three pounds six shillings and eleven pence,
Sherbum, Two pounds nine shillings aud seven pence,
Sudbury, Three pounds seven shillings and nine pence,
Maiden, Two pounds ten shillings and ten pence,
Weston, Two pounds fifteen shillings and three jjence,
Medford, Three pounds seven shillings and nine pence,
Hopkinton, Two pounds nineteen shillings aud five pence,
Weslford, Three pounds three shillings and four pence,
Stow, Two pounds three shillings and two pence,
Oroton, Four pounds eighteen shillings,
Shirley, One pound seven shillings and ten pence,
Pepperrell, Two pounds eleven shillings aud three pence,
Lincoln, Two pounds two shillings and four pence,
Tewksbury, Two pounds three shillings and two pence,
Ashby, One pound five shillings and eight pence,
Carlisle, One pound ten shillings and five pence,
East Sudbury, Two pounds nine shillings and eleven pence,
Waltham, Three pounds one shilling and four pence,
Townshend, One pound eighteen shillings and eight pence,
Dracut, Two pounds nine shillings and seven pence,
Bedford, One pound nineteen shillings and seven pence,
Holiston, Two pounds thirteen shillings,

1786. — Mat Session. 325

Acton, One pound nineteen shillings and ten pence,

Dunstable, Two pounds three shillings,

Wilmington, One pound thirteen shillings and six pence,

Littleton, Two pounds six shillings and six pence,

Natick, One pound twelve shillings and three pence one farthing,

Stoneham, One pound one shilling and seven pence,

Boxborough, One pound and two pence.

County of HAMPSHIRE.

Springfield, Four pounds and three pence one farthing,

Long Meadow, One pound fifteen shillings and three pence three
farthings,

West Springfield, Five pounds eight shillings and five pence one
farthing,

Wilbraham, Three pounds and eight pence,

Northampton, Four pounds eleven shillings and eleven pence half
penny,

Southampton, One pound fourteen shillings and three pence one
farthing,

Hadley, Two pounds twelve shillings and eight pence half penny,

South Hadley, One pound fifteen shillings and ten pence one farthing,

Amherst, Two pounds fifteen shillings and one farthing,

Qranby, One pound eight shillings and three farthings,

Hatfield, Two pounds ten shillings and one penny half £>enny,

Wliateley, One pound six shillings, and eight pence one farthing,

Williamsburg, One pound nine shillings and three farthings,

West-field, Four pounds one shilling and five pence one farthing,

Decrfield, Three pounds nine shillings and two pence three farthings,

Greenfield, Two pounds thirteen shillings,

Shelburji, One pound sixteen shillings,

Conway, Three pounds three shillings,

Sunderland, One pound five shillings and ten pence half penny,

Montague, One pound fourteen shillings and four pence one farthing,

Korlhfield, Two pounds and six pence one farthing,

Brimfield, Three pounds four shillings and two pence three farthings,

South Brimfield, One pound two shillings and half penny,

Monson, One pound nineteen shillings and three pence,

Pelham, Two jjounds and four pence half penny,

Greenwich, One pound eighteen shillings,

Blanford, Two pounds fifteen shillings and seven pence,

Palmer, One pound fourteen shillings and five pence,

Granville, Three pounds fourteen shillings and three pence,

Neiu Salem, Two pounds nine shillings and two pence,

Belchertown, Two pounds thirteen shillings and four pence,

Golerain, Two pounds one shilling and six pence,

Ware, One pound five shillings and half penny,

Warwick, One pound ten shillings and one penny one fai'thing,

Barnardston, One pound three shillings and nine pence half penny,

Chester, One pound six shillings and two pence three farthings,

Charlemont, Seventeen shillings and five pence three farthings,

Ashfield, Two pounds,

Worthington, Two pounds two shillings and five pence,

Shutesbury, Nineteen shillings and two pence,

Chesterfield, One pound nineteen shillings and four pence three far-
things,

Goshen, One pound one shilling and four pence,

Southwick, One pound nine shillings,

326 1786. — May Session.

Norwich, Seventeen shillings and four pence half penny,
Ludlow, Nineteen shillings and six pence three farthings,
Leverett, Sixteen shillings and one penny half penny,
Westharnpton, Eighteen shillings and two pence,
Montgomery, Ten shillings and eight pence half penny,
Plantation, No. 7, Eight shillings and one penny one farthing,
Cummington, One pound thirteen shillings and nine pence half

penny,
Buckland, Thirteen shillings,

Middlefield, Fourteen shillings and nine pence half penny,
Wendell, Fourteen shillings and eleven pence one farthing,
Orange, Nineteen shillings and one penny one farthing,
Holland, Sixteen shillings and two pence,
Leyden, Eighteen shillings and nine pence one farthing,
Howe, Twelve shillings and one penny,
Heath, Nine shillings and eight pence,
District East Hamjrton, One pound one shilling and three farthings.

County of PLYMOUTH.

Plymouth, Four pounds sixteen shillings and three pence one far-
thing,
Situate, Seven pounds six shillings and two pence three farthings,
Duxbury, Two pounds ten shillings and three pence three farthings,
Marshfield, Three pounds ten shillings and eight pence half penny,
Bridgewater, Thirteen pounds thirteen shillings and three pence half

penny,
Middleborough, Ten pounds and five pence half penny,
Rochester, Four pounds fifteen shillings and eight pence half penny,
Plympton, Three pounds six shillings and three pence,
Pembroke, Four pounds four shillings and eleven pence,
Kingston, One pound nineteen shillings and seven pence,
Hanover, Two pounds six shillings and seven pence,
Abington, Three pounds seventeen shillings and three farthings,
Halifax, One pound twelve shillings and two pence half penny,
Wareham, One pound six shillings and six pence.

County of BARNSTABLE.

Barnstable, Four pounds twelve and eight pence half penny,
Sandwich, Three pounds thirteen shillings and five pence half penny,
Yarmouth, Three pounds seven shillings and five pence half penny,
Harwick, Two pounds twelve shillings and eleven pence one farthing,
jEastham,Two pounds and two pence half penny,
Chatham, One pound nine shillings and nine pence,
Wellfleet, One pound four shillings and three pence three farthings,
Truro, One pound four shillings,

Falmouth, Two pounds eleven shillings and one penny three far-
things,
Provincetown, Seven shillings and seven pence three farthings,

County of BRISTOL.

Taunton, Eight pounds,

Rehoboth, Nine pounds,

Swatizey, Five pounds three shillings and one penny,

Dartmouth, Fifteen pounds two shillings and seven pence half penny,

Norton, Three pounds seven shillings and nine pence,

Mansfield, Two pounds two shillings and six pence,

1786. — May Session. 327

Attleborough, Five pounds twelve shillings and three pence,
Bighton, Three pounds four shillings,
Freetown, Three pounds eighteen shillings and ten pence,
Baynham, Two pounds seven shillings and eleven pence three far-
things,
Easton, Two pounds twelve shillings and six pence,
Berkley, One pound sixteen shillings and ten pence.

County of YOBK.

York, Six pounds four shillings,

Kittery, Six pounds nine shillings and one penny,

Wells, Five pounds ten shillings and six pence,

Berwick, Eight pounds fourteen shillings and three pence,

Arundell, Two pounds sixteen shillings,

Biddeford, Two pounds nine shillings,

Pepper elborough, Two pounds five shillings,

Lebanon, One pound ten shillings and nine pence,

Sandford, One pound ten shillings and nine pence,

Buxton, One pound nineteen shillings,

Fryeburgh, Nineteen shillings,

Coxhall, One pound,

Massabeseck, Fifteen shillings,

Limerick, Nine shillings,

Brow?ifield, Six shillings,

Little/alls, Twelve shillings,

Shapleigh, One pound two shillings and one penny,

Little Ossipee, Thirteen shillings and two pence,

Washington Plantation, Seven shillings and three farthings,

Pearsonfield, One pound one shilling and halfpenny,

Francisborough Plantation, Seven shillings and half penii}",.

County of DUKES-COUNTY.

Edgarton, Two pounds five shillings and seven pence one farthing,
Chilmark, Two pounds nine shillings and seven pence one farthing,
Tisbury, One pound fifteen shillings and five pence,

County of NANTUCKET.
Sherburne, Six pounds seventeen shillings and ten pence.

County of WOBCESTEB.

Worcester, Five pounds fifteen shillings and six pence,

Lancaster, Three pounds thirteen shillings and three pence half

penny,
Mendon, Three pounds eleven shillings and eight pence,
Brookfield, Seven pounds seventeen shillings and five pence half

penny,
Oxford, Two pounds four shillings eleven pence one farthing,
Charlton, Three pounds fifteen shillings and five pence,
Sutton, Seven pounds two shillings nine pence one farthing,
Leicester, Two pounds nineteen shillings, and ten pence half penny,
Spencer, Three pounds eight shillings and two pence one farthing,
Rutland, Three pounds eleven shillings and nine pence,
Paxton, One pound fourteen shillings and eleven pence,
Oakham, One pound thirteen shillings,
Barre, Four pounds thirteen slid lings and eight pence three farthings,

328 1786. — Mat Session.

Hubbardston, One pound fourteen shillings and three pence one

farthing,
New Braintree, Two pounds four shillings and seven pence half

penny,
Southborough, Two pounds five shillings and two pence,
Westborough, Two pounds thirteen shillings eleven pence one far-
thing,
North borough. One pound fifteen shillings and nine pence,
Shrewsbury, Five pounds fourteen shillings and nine pence,
Lunenburg, Three pounds four shillings and four pence one farthing,
Fitchburg, Two pounds four shillings and five pence three farthings,
Uxbridge, Three pouuds five shillings and six pence,
Harvard, Three pounds six shillings and one penny three farthings,
Dudley, Two pounds seven shillings and ten pence,
Bolton, Two pounds eight shillings and five pence three farthings,
Upton, Two pounds and six pence,

Sturbridge, Three pounds twelve shillings and eleven pence,
Leominster, Two pounds twelve shillings and nine pence half penny,
Hardicick, Four pounds seven shillings and seven pence,
Holden, Two pounds eight shillings,
Western, Two pounds nine shillings and two pence,
Douglass, One iDonnd nineteen shillings,
Grafton, Two pounds twelve shillings and six pence,
Petersham, Three pounds fourteen shillings and three pence,
Boyalston, One pound fifteen shillings,
Westminster, Three pounds four shillings,
Templeton, Two pounds eighteen shillings and three pence,
Princeton, Two pounds eleven shillings and six pence,
Ashburnham, One pound thirteen shillings and one penny,
Winchendon, Two pounds one shilling,
Northbridge, One pound two shillings,
Ward, One pound eight shillings and one penny,
Aihol, Two pounds two shillings and eight pence,
Milford, Two pounds eight shillings and five pence,
Sterling, Three pounds sixteen shillings and eight pence three far-
things,
Berlin, One pound five shillings and two pence three farthings.

County of CUMBERLAND.

Falmouth, Seven pounds eleven shillings and seven pence half penny>

North Yarmouth, Five pounds two shillings,

Scarborough, Four pounds twelve shillings and one penny,

Brunswick, Two pounds two shillings and six pence,

Earpswell, One pound sixteen shillings,

Cape Elizabeth, Two pounds six shillings and six pence,

Gorham, Three pounds six shillings,

Windham, One pound thii'teen shillings, and six pence,

New Gloucester, One pound nineteen shillings and half penny,

Gray, Fourteen shillings and seven pence one farthing,

Pearsontown now Standish, Nineteen shillings and six pence,

Boyalsborough, Fourteen shillings,

Raymondstown, Six shillings and six pence,

Bakerstown, Ten shillings and eight pence half penny,

Sylvester, Nine shillings and eleven pence three farthings,

Bridgetown, Eight shillings and five pence three farthings,

Shejjardstown, Eight shillings and three pence,

Otisjield Plantation, Six shillings.

1786. — May Session. 329

County of LINCOLN.

Pownalborough, Two pounds nineteen shillings and seven pence half

penny,
Georgetown, Two pounds fourteen shillings and five pence,
New Castle, One pound eight shillings and eight pence one farthing,
Woolwich, One pound eleven shillings and one penny halfpenny,
Waldoborough, One pound eight shillings and eight pence,
Topsham, One pound four shillings and ten pence,
Winslow, Thirteen shillings and tliree pence half penny,
Boivdoinham, One pound and half penny,

Boothbay, One pound seven shillings and ten pence one farthing,
Bristol, Two pounds seven shillings and eight pence,
Vassalborough, One pound nine shillings and six pence half penny,
Edgcomb, One pound three shillings and one penny half penny,
Hollowell, One pound eleven shillings and six pence half penny,
St. George's, Seventeen shillings and five pence three farthings,
Warren, Fourteen shillings and ten pence half penny,
Thomaston, Thirteen shillings and seven pence half penny,
Bath, One pound thirteen shillings and two pence half penny,
Winthrop, One pound one shilling and nine pence half penny,
Lewiston, Eleven shillings and seven pence,
Ballston, Eleven Shillings and four pence half penny,
Walpole, Thirteen shillings and half penny,
Wales, Six shillings and five pence,

Canaan, Eleven shillings and four pence three farthings,
Pittsto?i, Nineteen shillings and half penny,
Meduncook, Eleven shillings and eight pence three farthings,
Noridgewalk, Seven shillings and nine pence,
Sterlington, Four shillings and four pence,
Belfast, Five shillings and two pence one farthing,
Machias, One pound and two pence,
Camden, Six shillings and six pence half penny,
Hancock, Ten shillings and seven pence half penny,
Mount Desert Plantation, Fifteen shillings and three pence.
Plantation No. 1, ")

east side of Penobscot > Six shillings and nine pence,
River, )

No. 2, Seven shillings and half penny,

No. 3, One pound two shillings and nine pence three far-
things,

No. 4, Twelve shillings and half penny,

No. 5, Ten shillings and four pence three farthings,

No. 6, Ten shillings and four pence three farthings,
Plantation No. 1, ^

east side of Union > Twelve shillings and four pence three farthings,
River, )

No. 2, Eleven shillings and three pence three farthings,

No. 3, Eight shillings and one penny one farthing,

No. 4, Four shillings and ten pence.

No. 5, Ten shillings and one penny three farthings,

No. 6, Seven shillings and ten pence half penny,
Plantation No. 22, Four shillings and one penny,
Plantation on the west^
side of Penobscot River, I

from Bellfast so .far up Ten shm d seyen

the river as to include [ ° l

the Widow Wheeler's |
mills, )

330 1786. — May Session.

Plantation on the west^j

side of the said river, j

from the Widow [> Eight shillings and ten pence three farthings,

Wheeler's mills up |

the river, J

Deer Island Plantation in Penobscot Bay, One pound two shillings

and one penny half-penny,
Fox Island Plantation, twelve shillings and nine pence half penny,
Penobscot Long Island, Seven shillings and ten pence one farthing.

County of BERKSHIRE.

Sheffield, Five pounds and two pence one farthing,

Great Barrington, Three pounds and seven pence half penny,

Stockbridge, Three pounds and five pence,

Pittsfield, Four pounds fifteen shillings and four pence one farthing,

Richmond, Three pounds seven shillings and four pence half penny,

Lenox, Two pounds fourteen shillings and nine pence one farthing,

Lanesborough, Four pounds eight shillings and five pence half penny,

Williamston, Three pounds eight shillings and six pence,

Adams, Three pounds fourteen shillings and one penny half penny,

Egremont, One pound eleven shillings and nine pence,

Becket, One pound four shillings and three pence one farthing,

West Stockbridge, One pound thirteen shillings,

Dalton, Eighteen shillings and five pence half penny,

Alfred, Nineteen shillings and five pence,

New Ashford, Ten shillings and half penny,

New Marlborough, Two pounds fourteen shillings and nine pence

three farthings,
Tyringham, Two pounds six shillings and five pence,
Loudon, Nine shillings and seven pence one farthing,
Windsor, One pound fourteen shillings and three pence half penny,
Partridgefield, One pound seven shillings and three pence one far-
thing,
Hancock, One pound fourteen shillings and ten pence three farthings,
Lee, One pound eighteen shillings and eight pence half penny,
Washington, Eighteen shillings and one farthing,
Sandii [field, Three pounds seven shillings and ten pence half penny,
Mount Washington, Five shillings and eleven pence one farthing.

Ordered, That there be deducted from the town of Ipswich, and
added to the town of Rowley, one shilling and six pence half
penny,

Deducted from the town of Conway and added to Goshen, eight
pence,

Deducted from the town of Westminster, seven shillings and nine
pence one farthing,

Deducted from the town of Templeton, one penny half penny,

Deducted from the town of Winchendon, four shillings and eight
pence half penny,

And deducted from the town of Ashburnham, two shillings and
four pence half penny,

Placed from the town of Gardner, fourteen shillings and eleven
pence three farthings,

Deducted from the town of Framingham and added to South-
borough, one shilling and three pence,

Deducted from the town of Shrewsbury, two pounds thirteen shil-
lings and nine pence three farthings,

And placed to the town of Boylston, two pounds thirteen shillings
and nine pence three farthings. July S, 17S6.

1786. — May Session. 331

Chapter 105.

RESOLVE APPOINTING CALEB STRONG, AND DAVID SMEAD, Ckap.105
ESQ'RS. A COMMITTEE TO SELL LAND. 1 '

Whereas it is Represented to this Court, that there is a
Gore or Piece of Land laying in the County of Hampshire,
adjoining on the Town of Ashfield, and Plantation J\To. 7,
Containing about Five hundred Acres, which is the Prop-
erty of this Commonwealth :

Resolved, that Caleb Strong and David Smead, Esq'rs.
be, and they are hereby appointed a Committee To make
Sale of said Land either at publick or private Sale, as
they shall judge Most for the Interest of Government,
and Receive in pay therefor, Either Continental Securityes,
or the securityes of this Commonwealth, and pay the
Same into the Treasury, and take duplicate Receipts
therefor, one of which to be Lodged in the Secretarye's
office. And the said Caleb Strong and David Smead,
are hereby empowered to make and execute a good and
sufficient deed or deeds of the land afores*? in behalf of
this Commonwealth, to the purchaser or purchasers of the
same : Report of their doings herein to be made to the
General Court, at their next Session. July 8, 1786.

Chapter 106.

RESOLVE ON THE PETITION OF SETH WASHBURN, AND ABNER Qhan IHR
HOLDEN, ESQ'RS, GRA.NT TO, OF EIGHT POUNDS SIXTEEN -* '

SHILLINGS.

On the petition of Seth Washburn and Abner Holden,
Esq'rs, praying allowance of their account of time and
Expences in Surveying and Selling land belonging to this
Commonwealth :

Resolved, that there be allowed and Paid, out of the
Publick Treasury of this Commonwealth, to Seth Wash-
burn and Abner Holden, Esq'rs, the Sum of Eight pounds
Sixteen Shillings, in full Discharge of their account.

July 8, 1786.

Chapter 107.

RESOLVE REMITTING A FINE OF FORTY FIVE POUNDS TO THE
TOWN OF MARLBOROUGH.

On the Petition of the Select men of the Town of Marl-
borough, Praying that the line oi forty five pounds , imposed

Chap.m

332 1786. — Mat Session.

on the town of Marlborough by the house of Representa-
tives, for not chusing a Representative the Last Year,
may be Remitted to Said Town for Reasons set forth in
Said petition ;

Resolved that the sum of forty five pounds, in full of the
fine Laid on Said Town of Marlborough, be, and hereby
is Remitted to Said town, and the Treasurer of this Com-
monwealth is Hereby Directed to Govern himself accord-
ingly. July 8, 1786.

Chapter 108.

Ckap.108 RESOLVE ON THE PETITION OF REUBEN COLBURN.

On the petition of Reuben Colburn, praying for reasons
set forth in said petition, that execution be staid against
the Town of Pitston :

Resolved, That the Treasurer be and he hereby is
directed, not to issue execution against the said Town of
Pitston, for taxes due from said Town to Government,
till the expiration of three months from the passing of this
resolve ; any resolve to the contrary notwithstanding.

July 8, 1786.

Chap.109

Chapter 109.

RESOLVE DIRECTING THE COMMITTEE FOR METHODIZING AC-
COUNTS, TO ADJUST AND SETTLE THE ACCOUNTS OF THE
HON. JOHN LOWELL, AS ONE OF THE DELEGATES OF THIS
COMMONWEALTH, AND THE SUM DUE TO BE PAID OUT OF
THE TREASURY.

Resolved, That the Committee for Methodizing and
Liquidating Public Accounts be, and they are hereby
authorized and impowered to Adjust and Settle the
accounts of the Honr John Lowell, Esquire as one of the
late Delegates of this Commonwealth in Congress, agree-
ably to the principles that the accounts of the other Dele-
gates were Settled upon.

And it is further Resolved, That the Sum that may be
Due to the said Lowell, be paid out of the Treasury of
the Commonwealth. July 8, 1786.

1786. — Mat Session. 333

Chap.110

Chapter 110.

RESOLVE DIRECTING THE SECRETARY TO NOTIFY THE COM-
MISSIONERS TO SETTLE THE EASTERN BOUNDARY LINE BE-
TWEEN THIS STATE AND NEW FORK, OF POSTPONING THE
TIME OF MEETING TO THE 1st OF OCTOBER NEXT; AND RE-
QUESTING THE GOVERNOUR WITH ADVICE OF COUNCIL, IN
THE RECESS, TO TAKE ORDER RELATIVE TO THE BUSINESS.

Whereas it appears to this Court, that it is impractica-
ble for the Commissioners appointed to settle the Eastern
boundary line between this Commonwealth and the State
of New York, to execute this business at the time here-
tofore agreed on :

Resolved, that the Secretary be, and he is hereby di-
rected, without loss of time, to give notice to the Com-
missioners appointed on behalf of this State, to meet
Commissioners Appointed by the State of New York,
that their attendance on said Business at the time Ap-
pointed is not necessary, as said Meeting is postponed
to the first of October next.

And it is further Resolved, that his Excellency the
Governor be, and he hereby is requested, with advice of
Council in the recess of the General Court, to take such
Order relative to the said Business, as shall appear to
be necessary ; and to authorize Doctor Ewing, and Mr.
Rittenhouse, to run the said line in case Col. Hutchins
cannot attend that business. July 8, 1786.

Chapter 111.

RESOLVE ON THE PETITION OF ABNER HOLDEN, EMPOWER- niinY) 1 1 1
ING THE SELECTMEN OF THE TOWN OF WESTMINSTER TO ^'ttl±}'LL1-
CHOOSE A COLLECTOR.

On the Petition of Abner Holden, praying that the Town
of Westminster may have liberty to choose a Constable or
Collector for said Town, to compleat the collection com-
mitted to Nathan Wetherbee, who is now confined by
sickness :

Resolved that the pra}^er thereof be granted, and that
the Selectmen of the Town of Westminster be, and they
hereby are impowered and directed, as soon as may be,
to call a meeting of the inhabitants of said Town qualified
according to Law, to vote for Town Officers, for the pur-
pose of choosing a Constable or Collector, who, when

334 1786. — May Session.

chosen and sworn, shall collect the Taxes which were
committed to the said Nathan Wetherbee, the Collector
of said Town for the year 1783, and which remain uncol-
lected ; and to proceed in the same manner in collecting
the said taxes, and paying the same to the Treasurers,
who have demands on the said Nathan Wetherbee for
taxes, for the year 1783, as he the said Nathan might
do, was he now able to officiate in the Office of Constable
or Collector, any Law to the contrary notwithstanding.

July 8, 1786.

Chap.112

Chapter 112.

RESOLVE GRANTING ONE HUNDRED AND TWENTY EIGHT
POUNDS ELEVEN SHILLINGS AND TWO PENCE TO RICH-
ARD HARRIS AND BURRIL DEVEREUX, FOR CLOATHING
SUPPLIED CONTINENTAL ARMY.

On the Petition of Richard Harris, and Burril Dever-
eux, praying for payment for shirts, shoes and blankets,
supplied the Continental army in the year 1780 :

Resolved, That the prayer of the petition be granted,
and that there be allowed and paid out of the Treasury of
this Commonwealth to the said Harris and Devereux the
sum of one hundred and twenty eight pounds eleven shil-
lings and two pence, in orders on the Collectors of Marble-
head, and that the same be charged to the united States.

July 8, 1786.

Chapter 113.

Chap.llS RESOLVE ON THE PETITION OF JOHN HUNT, TO SERVE THE
* ADVERSE PARTY WITH A COPY OF HIS PETITION, AND THE

ORDER, TO SHEW CAUSE, &0.

On the petition of John Hunt, praying a Judgment
obtained against him by Jerathmeel Bowers, may be set
aside, for reasons set forth in his petition :

Resolved that the said John Hunt serve the adverse
Party with an attested copy of his Petition, and this order
thereon, ten days at the least before the second Wednes-
day of the next sitting of the Gen! Court, then to appear
and shew cause, if any there be, why the Prayer of said
Petition should not be granted ; and in the mean time
that execution on said Judgment be staid.

July 8, 1786.

1786. — May Session. 335

Chapter 114.

RESOLVE GRANTING THREE HUNDRED AND NINETY SIX (J]iar> \\A
POUNDS EIGHT SHILLINGS, IN SECURITIES, TO STEPHEN "'

RICE AND OTHERS, FOR ORDINANCE STORES.

On the petition of Stephen Bice and others, requesting
that they unay be paid for Ordinance Stores furnished the
Publick, conformably to a Contract made by the Board
of War, January 1777 :

Resolved, That there be paid in consolidated securities,
out of the treasury of this Commonwealth, unto Stephen
Rice and company, the sum of three hundred and ninety-
six pounds eight shillings, to discharge their Account, as
certified July third, 178(3, by Mess'rs Thomas Ivers, and
Refer Roe JDalton, a Committee on the accounts of the
Board of War. July 8, 1786.

Chapter 115.

RESOLVE ALLOWING THE ACCOUNTS OF THE CLERKS IN THE CkaV.115
TREASURER'S OFFICE. ^'

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to Edtvard Parker, the
sum of Twenty seven Rounds eighteen shillings; to Onesi-
phorous Tilestone, the Sum of Twenty eight Pounds four
shillings, being in full for their Services as Clerks in the
Treasurer's Office, to the 30th of June last : And the Sum
of Twenty four Pounds to Joseph Laughton, being in full
for his Services in said Office to the 5th of July instant,
also the sum of Forty three Pounds to Samuel Foster, in
full for his Services in the said Office to the 7th of July
instant. July 8, 1786.

Chapter 116.

RESOLVE APPOINTING ABNER HOLDEN, ESQ; TO SELL PUBLIC fit. -\-\n

land. L>nap.Lio

Whereas it is represented to this Court, that there is a
Gore or Tract of Land lying in the County of Worcester,
Bounded North on the Line of Fitchburg, Easterly on
Lands of James Allen and Timothy Steams, and on the
Meadow Lots, &c. Containing two hundred and eighteen
Acres and one hundred and thirty Rods, which is the
Property of this Commonwealth:

336 1786. — May Session.

Resolved, that Samuel Baker, and Abner Hoi den. Esq'rs,
be, and they are hereby appointed a Committee to make
bale of said Land, either at publiek or private Sale, as
they shall judge most for the Interest of Government, and
receive in payment therefor either Continental Securities,
or the Securities of this Commonwealth, and pay the Same
into the Treasury, and take duplicate Receipts therefor,
one of which to be lodged in the Secretary's Office ; And
the said Samuel Baker and Abner Holden, are hereby
empowered to make and execute a good and sufficient
Deed or Deeds of the Land aforesaid, in Behalf of this
Commonwealth, to the Purchaser or Purchasers of the
same. Report of their doings herein to be made to the
General Court, at their next Session. July 8, 1786.

Chapter 117.

ChaV.117 RESOLVE 0N THE PETITION OF JACOB LOW, AND JOHN TRULL.

On the petition of Jacob Low, and John Trull, Setting
forth the loss they Sustained by a mistake of the Justice
of the Peace, to whom they made complaint of David
Trull, for the Crime of Theft :

Resolved. That the Sum of twelve pounds, recovered in
the Court of Common Pleas in the County of Middlesex,
against the Sureties of the said David Trull, for non-
appearance, agreeable to their Recognizance, to Answer
for said Crime, be paid by the Officer who has the Execu-
tion against the said Sureties, unto the said Jacob Lou:,
and John Trull, as a full compensation for their loss and
damage, as set forth in said Petition. Any Act or Re-
solve to the Contrary notwithstanding. July 8, 1786.

Chapter 118.

Chat) 118 RESOLVE ON THE PETITION OF SAMUEL FISK.

Upon the petition of Samuel Fish, setting forth, that a
Judgment was unduly obtained against him as Adminis-
trator upon the estate of Bradyll Smith of Weston, in the
County of Middlesex , deceased, at a Court of Common
Pleas holden at Groton in the County of Middlesex, on
the third Tuesday of May last past, by Simeon Smith,
and praying that a new trial may be granted him :

Resolved, that the pra}rer of said petitioner be granted,

1786. — May Session. 337

and that the said judgment, and any Execution or Execu-
tions thereupon issued, and any levy made by virtue
thereof, are declared null and void, and that the Clerk
of the Court of Common Pleas be, and he hereby is
directed to bring the same action forward upon the
docket of the said Court, and that the parties to the said
action have day thereon at the next Court of Common
Pleas to be holden at Concord, within and for the said
County of Middlesex, on the second Tuesday of Septem-
ber next, and shall then and there be intitled to all pleas
and benefits of a trial, in the same manner as if the Judg-
ment aforesaid had not been given. Provided that the
said Fish serve the said Smith with an attested copy of
this Resolve fourteen days before the sitting of the same
Court. July 8, 1786.

Chap.119

Chapter 119.

RESOLVE ON THE PETITION OF WILLIAM JACKSON.

Upon the Petition of William Jackson:
Resolved, that all Persons in the Improvement of a
Dwelling House, situate in Cornhill, in the Town of
Boston, by order of the Legislature, be and they are
hereby directed, to deliver peaceable possession of the
same, to the said William Jackson. July 8, 1786.

Chapter 120.

RESOLVE DESIRING THE G0VERN0UR TO ENQUIRE INTO THE (Jinn 19f)
CONDUCT OF CALEB RTDE, ESQ. K/nup.±A\J

Resolved, That his Excellency the Governour be Re-
quested to Enquire into the Conduct of Caleb Hyde, Esq ;
Sheriff of the County of Berkshire, Relating to the Execu-
tions that have been committed to Him by the Treasurer
of this Commonwealth, And with the Advice of Council
take such measures concerning him, as may be consistent
with the Constitution. July 8, 1786.

Chapter 121.

RESOLVE AUTHORIZING THE GOVERNOUR TO COMMISSION OF- Chart 121
FICERS TO EVERY CADET COMPANY WITHIN THIS COMMON- KyaaP'L*L
WEALTH.

Resolved, That the Governour be, and he is hereby
authorized and empowered to Commission one Captain,
one Captain Lieutenant, one first Lieutenant, one second

338 1786. — May Session.

Lieutenant, and one Ensign, to every Cadet Company,
which shall be raised within this Commonwealth.

July 8, 1786.

Chap.WZ

Chap.123

ChapJ\2±

Chapter 122.

RESOLVE DISCONTINUING THE BOUNTY OF FOUR PER CENT. ON
CONSOLIDATED NOTES, &c.

Resolved, That the Bounty of Four per Cent, hereto-
fore allowed in consolidating Government Securities, be,
and it is hereby discontinued ; And the Treasurer is
hereby directed to govern himself accordingly, in the
future consolidation of Government Securities ; which
Business the said Treasurer is directed to continue for
the Space of one year longer. July 8, 1786.

Chapter 123.

RESOLVE DIRECTING THE COMMISSARY OF PENSIONERS TO
MAKE RETURN INTO THE SECRETARY'S OFFICE OF THE
NAMES OF SUCH PERSONS BORNE ON THE PENSION LIST FIT
TO DO GARRISON DUTY, AND THE GOVERNOCJR WITH ADVICE
OF COUNCIL TO ORDER SUCH A NUMBER OF PENSIONERS
FROM TIME TO TIME, AS ARE NECESSARY TO AUGMENT THE
GARRISON.

Whereas it is found, that the increase of Convicts' at
Castle Island, Renders an Augmentation of that Garrison
necessary :

Resolved that the Commissary of Pensioners be, and he
hereby is directed to lodge in the Secretary's Office, a list
of the names of such persons, borne on the Pension list,
as in his Opinion are able to do Garrison Duty. And
that the Governour, by and with the Advice and consent
of Council, is hereby impowered and requested to Order
so many of the said Pensioners to Castle Island, (not
exceeding fifty) as he from time to time may judge neces-
sary, in Order that the Garrison aforesaid may be Imme-
diately reinforced from that Corps ; and the Commissary
is hereby directed to govern himself accordingly.

July 8, 1786.

Chapter 124.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN
OF WINDSOR, CONFIRMING THE PROCEEDINGS OF THE SAID
TOWN AT THEIR SEVERAL MEETINGS WARNED SINCE OC-
TOBER 1778.

On the Petition of the Selectmen of the Town of Wind-
sor, setting forth, that since October A. D. 1778, it has

1786. — May Session. 339

been the usual practice in the said Town, to warn the
meetings thereof, by Notifications, posted up by the
Selectmen of the said Town, in some public place within
the same, and that warnings of the said Town-meetings,
in manner aforesaid, have not been certified by a Consta-
ble, or any other person appointed for that purpose,
by reason whereof, doubts have arisen respecting the
legality of the proceedings at the said Meetings : There-
fore,

Resolved, that the proceedings of the said Town, at
their several meetings, warned as aforesaid, since the
Month of October A. D. 1778, with the doings of the sev-
eral Officers, chosen at such Meetings, be, and the same
are hereby confirmed, and shall be considered as valid
and effectual in Law, to all intents and purposes, as the
same would have been, if the said meetings had been
notified by a Constable of the said Town in pursuance of
a Warrant from the Selectmen thereof, and a certificate
of such Notification had been made by such Constable :
and this Resolve may be given in evidence under any
General Issue, in any action or actions, which may here-
after be commenced against any person or persons, for
any thing done, pursuant to any vote or votes, at the said
meetings. July 8, 1786.

Chapter 124a.

RESOLVE REQUESTING THE GOVERNOR TO WRITE TO THE fif 1 0J. *
BOARD OF TREASURY, TO SUPPLY THE LOAN-OFFICER WITH * 1Z,iA

INDENTS.

Whereas it appears to this Court, that the Continental
Loan Officer in this Commonwealth, has not been supplied
with a sufficient sum in Indents for Interest, due on Loan
Office Certificates, and on liquidated Debts of the United
States, and the time prefixed for receiving such Indents
in discharge of the Tax granted in March last, expires the
first day of January next :

Therefore, Ordered, that his Excellency the Governor
be, and he is hereby requested, as soon as may be, to
write to the Board of Treasury, informing them, that the
Continental Loan Officer has not been supplied with a
sufficient quantity of Indents receivable in the Tax Granted
in March last, and requesting them to forward a supply
without delay. July 8, 1786.

340 1786. — May Session.

Chapter 125.

CliaV 125 0RDER REQUESTING THE GOVERNOR TO WRITE TO THE DELE-
^ ' GATES RESPECTING A MINT.

Ordered, That his Excellency the Governor be, & he
hereby is requested, to write to the Delegates of this Com-
monwealth in Congress, informing them, that it is the
earnest Wish of the Legislature of this Commonwealth, to
obtain a quantity of copper and silver Coin, to be struck
off for the use of this Commonwealth, and desiring them
to acquaint him with the situation of the mint proposed
for the service of the United States ; — when it may prob-
ably be ready for striking off coin ; and what the Expence
of coining copper or silver will be, and of any other cir-
cumstance relative thereto, which his Excellency may
think proper. July 8, 1786.

Ghap.126

Chapter 126.

RESOLVE ON THE PETITION OF JAMES LYON, DIRECTING THE
COMMISSARY GENERAL TO GIVE A CERTIFICATE, OF THE SUM
OF FORTY FIVE POUNDS THIRTEEN SHILLINGS AND FOUR
PENCE, DUE FOR RATIONS, AND DIRECTING THE COMMITTEE
ON THE SUBJECT OF UNAPPROPRIATED LANDS TO RECEIVE
SAID CERTIFICATE.

Whereas a Resolve passed the General Court, on the
15th of November, 17«0, in the words following : "Resolved,
that the Reverend James Lyon, be entitled to receive two
Rations per day out of the public Stores, in consideration
of his officiating as Chaplain to the Troops at Machias,
until the further order of the General Court." And
whereas there appears to be due to the Rev1?. James Lyon,
forty five pounds thirteen shillings and four pence for
Rations from July 31, 1781, to January 31, 1783 : There-
fore,

Resolved, that the Commissary General be, and he is
hereby directed to give to the said Lyon, a Certificate of
the said Sum of forty five p>ounds thirteen shillings and
four pence, being due to him, upon his signing a Receipt
to the said Commissary for the like sum, in full for Rations
from July 31st, 1781, to January 31st, 1783, being five
hundred and forty eight days, at two Rations per day,
making one thousand and ninety six Rations, the same to
be charged to the United States.

1786. — May Session. 341

And Be it further Resolved, that the Committee appointed
by the Resolve of Octor- 28th, 1783, on the subject of
unappropriated Lands in the County of Lincoln, are
hereby directed to receive the said Certificate in payment
of such lands as they may sell to the said Lyon.

July 8, 1786.

Chapter 127.

ORDER ON THE GOVERNOR'S MESSAGE RELATIVE TO A DARING (J]iaf).V2H
INSULT COMMITTED BY THE CIVIL AND CUSTOM-HOUSE OFFI- 1

CERS OF THE BRITISH PROVINCE OF NEW-BRUNSWICK, IN
SEIZING TWO VESSELS WITHIN THE ACKNOWLEDGED JURIS-
DICTION OF THIS COMMONWEALTH.

Ordered, That the Governor be, and he is hereby
requested, to obtain an authenticated State of Facts, and
as soon as may be transmit to Congress an Account of
the Proceedings of the civil and naval officers refered to
in his Message of the seventh Inst., with such Informa-
tion relative thereto, as He may, with the Advice of
Council, judge necessary, and to take such further Meas-
ures for supporting our territorial Claims on the River
St. Croix, securing the Rights and Privileges of the Citi-
zens of this Commonwealth, who may be settled on any
of the said Lands within its Jurisdiction, as well as for
maintaining the Dignity of the Commonwealth, and that
of the United States, as He, with the Advice of Council,
may think necessary and proper. July 8, 1786.

Chapter 128.

RESOLVE DIRECTING THE COMMITTEE ON UNAPPROPRIATED
LANDS IN LINCOLN COUNTY, TO PROVIDE A MINISTER FOR
THE PLANTATIONS IN SAID COUNTY, Sec.

Whereas Religion and Morality have a direct Tendency
to promote the Interest and Happiness, not only of
Individuals, but of Society in General; And it being the
Unhappiness of many of the Infant Plantations in the
County of Lincoln, to be destitute of public religious
Instruction, and not under circumstances to make neces-
sary Provision for the Support thereof; and it being of
the highest consequence, that the earliest Foundation be
laid in those Infant Settlements for acquiring the Knowl-
edge of, and of being led to the Practice of Religion and

Chap.128

342 1786. — May Session.

Morality, this Court, from a due Sense of their Importance,
and from a parental Regard to those Settlements, have
resolved, and do hereby

Resolve, That the Committee on the Subject of Unap-
propriated Lands in the County of Lincoln, be, and they
are hereby directed, as soon as may be, to provide a dis-
creet and suitable Preacher of Religion and Morality, for
the Term of Six Months, and instruct him to repair to
those Infant Plantations in the said County of Lincoln, and
for such a Time to furnish each during the said Term of
Six Months, with religious Instruction, as they may judge
most conducive to answer the beneficial Purposes intended
by this Resolve : And that so much of the Taxes on the
said Plantations, as by the late Tax of the General Court
are laid on them, be appropriated for defraying the Ex-
pence of the said mission, the same to .be adjusted at the
next sitting of the General Court. July 8, 1786.

Chapter 129.

Ckap.129 GRANTS TO THE SECRETARY, TREASURER, AND COMMISSARY

GENERAL.

The Committee of both Houses, appointed to consider
what allowances are proper to be made to the Secretary,
Treasurer, and Commissary General, for their respective
services the current year, commencing the first of June
current, and ending the first of June, 1787, have attended
the service, and beg leave to report the following sums.

For the Secretary, Two hundred and seventy Jive pounds
including fees of Office,

Treasurer, Three hundred and seventy pounds,

Commissary, One hundred and fifty pounds.

WILLIAM PHILLIPS, per Order.
Read and accepted. July 6, 1786.

Chapter 130.

CJiaV.130 RESOLVE ON THE PETITION OF THE NON-RESIDENT PROPRI-
**' ETORS OF SIX TOWNSHIPS; ON THE PETITION OF ENOCH

BARTLETT AND OTHERS, DECLARING A RESOLVE PASSED
MARCH 17th, 1785, NULL AND VOID, AND CONFIRMING No. 1,
2, 4, 5, 6, TOWNSHIPS, CONDITIONALLY GRANTED TO DAVID
MARSH AND OTHERS, MARCH 2d, 1762, ON CERTAIN CON-
DITIONS.

The Committee of both Houses, on the petition of the
non-resident proprietors of the following Townships, con-

1786. — May Session. 343

ditionally granted March 2d, 1762, to David Marsh and
others, viz. No. 1, 2, 4, 5, and 6, and the resident pro-
prietors and settlers of some of the said Townships, viz.
No. 1, 4, 5, and 6, representing that a compliance with
the Resolve of March 17th, 1785, on the Petition of Enoch
Bartlett and others, will be attended with great embarrass-
ments, difficulties and hardships to them respectively,
have heard the parties and maturely considered their
Petitions.

Your Committee taking into view the State and con-
dition of those settlements, the peculiar situation of the
several parties, and of some circumstances which were
not probably known at the time of passing the said Re-
solve, conceive it extremely difficult, if not altogether
impracticable, to settle the said Townships conformably
to the said Resolve, without great injury, inconvenience
and discontent ; and inasmuch as neither of the parties
have complied with, or fulfilled the terms and conditions
expressed in the said Resolve :

Your Committee apprehend that the said Townships are
not in any-wise confirmed unto the said David Marsh and
others, and that it is expedient, that the said Resolve of
March 17th, 1785, should be considered as null and void;
and that a confirmation of the said Townships be made on
the terms and conditions contained in the following Re-
solves, all which is submitted.

ISRAEL NICHOLS, per Order.

Commonwealth of Massachusetts.

Whereas a Resolve on the petition of Enoch Bartlett
and others, confirming a Grant of five Townships lying
between Penobscot River and Union River, on certain
conditions, passed March 17th, 1785 ; and it appearing
from the proprietors of, and settlers on the said Town-
ships, that the said Resolve has been ineffectual for the
purposes for which it was intended, and inasmuch as the
said conditions have not been fulfilled : Therefore,

Resolved, that the aforesaid Resolve of March, 17th,
1785, be, and it is hereby declared null and void.

Resolved, That the Townships No. 1, 2, 4, 5, and 6,
conditionally granted to David Marsh and others, March
2d, 1762, be, and they are hereby confirmed on the con-
ditions contained in the following articles.

344 1786. — May Session.

1st, That the Proprietors heretofore known as Propri-
etors of the said Townships, or as holding under David

Marsh and others, do allot and meet out one Hundred

acres of Land unto each Settler in any of the Said Town-
ships, who before the First Day of January one Thousand
Seven Hundred and Eighty Four. Settled thereon and
made a Seperate Improvement; the same to he laid out

in one Lot in such manner as to include his Improvement-.
I'd, that in like manner there he alloted and meeted out

unto each Proprietor, His Heirs or Assigns, Who before

the First day of January, 1784, Settled thereon and made
a Seperate Improvement one Hundred acres of Land as a
Settler and one hundred acres more in addition thereto,
the same to be laid out in such manner as to include his
Improvements.

3d, that in each Township there he alloted, reserved
and appropriated Four Lots of Land of three Hundred
acres each, in Situation and Quality equal in general to

the Lots in the Division, for the following Purposes, viz.
one Lot for the First Settled Minister, His Heirs and
Assigns, one for the use of the Ministry, one to and for
the futer appropriation of Governments, and one for the
use of a Schoole, forever.

4thly. that in each Township, after the allotments to
the Settlers, Resident Proprietors, and for Public uses,
are made as aforementioned, the Residue and remainder
of the said Lands shall be divided to and amongst the
Proprietors heretofore known as the Proprietors of sueh
Townships, or as holding under David Marsh and others,
to whom the said Townships ware conditionally granted,
their Heirs or Assigns, in Proportion to the respective
Shares or Rights held in the original Division of sueh
Town.

5thly. that each Settler mentioned in article 1st., pay
within Six months to the Treasurer of the Propriety of
the Township to which ho belongs, Twenty Four skill in ■ </*,
to be appropriated to defray the Expence of Surveying
and dividing the said Township, and laying out, clearing
and repairing of Roads.

6thly. that the division and allotments in each of the
said Townships, be made conformable to the foregoing
articles, within the space of Light Months from the pass-
ing of this Kesolve, and a return thereof be made on or
before the expiration of the said Term of time, to the

1786. — Mat Session. 345

Committee on the Subject of unappropriated Lands in
the County of Lincoln, Specifying and describing therein
the Lots, Number of each, names of the Persons to whom
alloted, and those for Public uses, under their particular
Heads.

7thly. If no Return be made to the Said Committee
as required in the Preceding articale, the Said Committee
shall appoint, and they are hereby accordingly Impowered
to appoint, Three disinterested Persons as Commissioners
to repair to such Townships as shall have neglected to
make the Division and Return required, and allot and
divide the same conformably to the articles 1, 2 & 3, and
make return thereof to the said Committee conformable
to article the 6th; and the said Commissioners Shall, Six
Weeks at least before they proceed on the Said Business,
give Public notice in Adams and Nurse's Independent
Chronicle, the Falmouth news paper, and by a written
Notification posted up in Sum convenient Place in each
of the delinquent Townships, of their appointment and
of the time when they shall proceed on the said Busi-
ness, that all Persons interested therein may be apprised
thereof; and the Lots the said Commissioners Shall lay
out to the Resident Proprietors and Settlers as provided
for in articale the 1st and 2'.1, shall be confirmed unto
them, and the remaining Lots shall be Subject to the
Order and Disposal of the General Court, and the Ex-
pence arising from the Said appointment of Commis-
sioners, Shall be defrayed by the resident Proprietors
and Settlers of the delinquent Townships, provided they
have prevented or obstructed the Division as provided
for in article 2d, 3d & 4th, otherwise so much of the re-
mainder of the Lands (after allotments and Divisions
made to the resident Proprietors, Settlers, and for public
uses as aforesaid) Shall be Sold by the said Committee,
as shall be sufficient to defray the said expence.

8thly. that notwithstanding the Conditions and Regula-
tions contained in the aforegoing articales, if the Propri-
etors and Settlers of any of the said Townships Shall
agree among themselves, and settle all matters in Dispute
relating to the Quantities of Land respectively to be held
and retained by them, and such other matters and things
as immediately respect the Settlement of the said Lands,
and make a Report of the same to the said committee,
within Six months from the passing of this resolve, with

346 178G. — May Session.

the names of the Settlers and Proprietors, Resident and
non resident, the Quantity of Land allotted to each, and
the Rights reserved for Public uses conformably to article
3d, and paying £500. to Government, agreeably to article
first, in Such Case the said Committee Shall have full
authority to confirm such Townships.

But in case no Report shall be made as aforesaid to the
said Committee, nor Return as in the (3th article is re-
quired, the said committee shall appoint Commissioners
as provided for in the said 7th articale, Eight months
having been expired as therein mentioned, who shall pro-
ceed on their Business as pointed out in the said last men-
tioned article.

9thly. It shall be understood, notwithstanding any
thing contained in the aforegoing articles, that the final
confirmation of any of the said Townships shall not be
made until there be in each of the said Townships Sixty
Dwelling Houses, not less than Eighteen Feet Square and
Seven Feet stud, sixty Protestant Families, and also Five
acres of Land cleared on each share fit for mowing and
Tillage, also a Meeting House for the Public Worship of
God, and until each of the said Townships shall have set-
tled a learned and Protestant Minister, for which Purpose
Five years shall be allowed from passing of this resolve.

July 8, 1786.

Chap.131

Chapter 131.

ORDER DIRECTING THE SECRETARY TO PUBLISH ADDITIONAL
EXCISE LAWS.

Ordered, that the Secretary, be, and he is hereby di-
rected to cause the act reviving and continuing the act
laying duties of impost and excise, to be immediately
published in Adams and JVours's, the Springfield, Plym-
outh, Worcester, J^ewbury port and Falmouth news papers,
three weeks successively. July 8, 1786.

RESOLVES

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS

TOGETHER WITH THE SPEECH AND MESSAGES OF HIS EX-
CELLENCY THE GOVERNOUR TO THE SAID COURT :

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK,
ON WEDNESDAY THE 31st DAY OF MAT, ANNO DOMINI,
1786; AND FROM THENCE CONTINUED BY PROROGATION, TO
WEDNESDAY THE TWENTY SEVENTH DAY OF SEPTEMBER
FOLLOWING.

Chapter 1.* Chap. 1

[September Session, ch. 1, 17S6.]

Chapter 8.f Chap. 2

[September Session, ch. 2, 1786.]

Chapter 3.

RESOLVE ON THE PETITION OF BENJAMIN CARTER, JUN. EM-
POWERING CAPT. JOHN PRENTICE, TO MAKE AND EXECUTE
A GOOD AND LAWFUL DEED OF THE LAND MENTIONED.

On the petition of Benjamin Carter, junior. Setting
Forth, that he purchased in the Month of January, A. D.
1783, of his late Brother, Timothy Carter, late of Ward,
Deceast, a Certain Piece of Land, and paid the full Sum
for the Same, agreeably to Contract, but never had a
Deed of the Same, in the life time of the Said Timothy ;
And praying that Capt. John Prentice, Administrator

* Governor's speech, see end of volume,
t Governor's message, see end of volume.

Chap.

318 1786. — September Session.

Debonis JSFon, of the Estate of the Deceased, may be em-
powered to give him a Deed of the Land mentioned in
the petition : Therefore

Resolved, that the Said Capt. John Prentice be, and
hereby is empowered to make and Execute, a good and
lawful Deed of the land mentioned, and Described in the
petition, to the Said Benjamin Carter, jnr. agreeably to
the prayer thereof. September 29, 1786.

Chap. 4 Chapter 4.*

[September Session, eh. 4, 1786.]

Chap. 5 Chapter 5.*

[September Session, ch. 5, 1786.]

Chapter 6.

Chf/n fi RES0LVE ON THE PETITION OF MICHAEL FARLEY, ESQ; IN-
"' TITLING HIM TO A NEW TRIAL ON THE ACTION MENTIONED,

AND AUTHORIZING HIM TO SUE OUT OF THE CLERK'S OFFICE
OF THE SUPREME JUDICIAL COURT, A WRIT OF REVIEW,
FOURTEEN DAYS BEFORE THE LAST TUESDAY IN OCTOBER
NEXT, RETURNABLE AT THE SUPREME COURT, TO BE
HOLDEN AT CAMBRIDGE, WITHIN THE COUNTY OF MID-
DLESEX.

On the petition of Michael Farley, Esq.

Whereas the General Court, on the Eighth day of July
last, passed a Resolve impowering the said Michael Farley,
Sheriff of the County of Essex, to review an action,
wherein Joseph Barrel! had recovered a Judgment against
him, at the Supreme Judicial Court, holden at Boston, in
February, 1785, and to bring the same review at the
Supreme Judicial Court, next to be holden at Cambridge,
within and for the County of Middlesex, on the fourth
Tuesday in October next ; and whereas it appears that
there is no such Court to be holden on said Day ; and
that something further ought to be done, to give the said
Farley the benefit intended by the same Resolve : There-
fore

Resolved, that the said Michael Farley be, and he
hereby is intitled, to a New trial on the action aforesaid,
and is fully authorized to sue out of the Clerk's office,

* Governor's message, see end of volume.

1786. — September Session. 349

of the Supreme Judicial Court, a writ of review in the
action aforesaid, fourteen days before the Last Tuesday
in October next, returnable at the Supreme Judicial Court,
then to be holden at Cambridge, for and within the
County of Middlesex ; and the same proceedings shall be
had thereon, to final Judgment and Execution, in the said
County of Middlesex, as are by the Laws of the Common-
wealth provided, in case of review in Civil Causes, where
there has been but one Verdict in the Cause, any Law to
the contrary notwithstanding ; and the Execution on the
aforesaid Judgment is hereby stayed, until the said Trial
on the same review is had and determined.

October 3, 1786.

Chapter 7.* Chap. 7

[September Session, ch. 7, 17S6.]

Chapter 8.* Chap. 8

[September Session, ch. 8, 1786.]

Chapter 9.* Chap. 9

[September Session, ch. 9, 1786.]

Chapter 10.

RESOLVE ON THE PETITION OF RICHARD DEVENS, GRANTING Chflll 10
HIM TWO THOUSAND NINE HUNDRED POUNDS, FOR FINISH- Ky'llllJ'
ING THE PRISON AT THE CASTLE, TO FURNISH OIL FOR THE
LIGHT HOUSES, AND RATIONS, FIRE AND CLOATHING FOR
THE GARRISON AND CONVICTS AT THE CASTLE, FOR SIX
MONTHS.

On the petition of Richard Devens, Esqr ; Commissary
General for this State, praying for warrants on the State
Treasurer, for monies to purchase Oyl for the several
Lighthouses in this State, — Provisions, Cloathing and
wood for the Soldiers and Convicts at the Castle; also to
compleat the building of a Prison on said Castle Island :

Resolved, that there be allowed and paid out of the
Publick Treasury, to Richard Devens, Esqr ; Commissary
General, the sum of Two thousand Nine hundred pounds ,
for the following purposes, said Devens to be accountable
for the expenditure of the same, viz. JVine hundred

* Governor's message, see end of volume.

350 1786. — Septe:\iber Session.

pounds, towards finishing the Prison on Castle Island:
Six hundred pounds for Six months Oyl for the several
Lighthouses in this State ; fourteen hundred pounds for
Rations, fire and Cloathing for the Garrison and Convicts,
at the Castle, for Six months. October 5, 1786.

Chapter 11.

Chaj) 11 RES0LVE 0N THE PETITION OF ISRAEL WHITTEMORE, EMPOW-
^ ' ERING THE COMMISSIONERS TO RECEIVE AND EXAMINE THE

CLAIMS OF THE SEVERAL CREDITORS, TO THE ESTATE OF
JOSEPH GEARFIELD, TO MAKE RETURN TO THE JUDGE OF
PROBATE FOR THE COUNTY OF MIDDLESEX, OF THE SUM
OF NINETEEN POUNDS ELEVEN SHILLINGS AND EIGHT
PENCE, CONSIDERING THE SAME AS VALID IN LAW.

On the petition of Israel Whittemore :

Resolved, that the prayer of the Petition be granted,
and that Abner Sanderson and Samuel Fish, who were
appointed Commissioners, to receive and examine the
claims of the several Creditors, to the estate of Joseph
Gearfield, late of Weston, in the County of Middlesex^
deceased, be, and they are hereby empowered and directed,
to make return to the Judge of Probate, for the said
County of Middlesex, of the sum of Nineteen pounds eleven
shillings and eight pence; which sum it appears the said
Commissioners had allowed, but through mistake, omited
to enter in their first report ; and such return shall be con-
sidered as valid in Law, as though it had been made within
the time limited : and the Judge of Probate for the County
of Middlesex, is hereby directed to receive the same
accordingly ; any Law to the contrary notwithstanding.

October 6, 1786.

Chapter 12.

Chan 12 RESOLVE GRANTING TO THE HON. SAMUEL HOLTEN, ESQR;

KjIIWJJ. X£ twq hundred POUNDS, ONE OF THE DELEGATES OF THIS
COMMONWEALTH IN CONGRESS, TO ENABLE HIM TO PRO-
CEED TO CONGRESS, TO BE PAID OUT OF THE MONEY AP-
PROPRIATED FOR THE SUPPORT OF GOVERNMENT, IN THE
LATE TAX.

Resolved, That there be paid Out of the Treasury of
This Commonwealth, to the Honbl. Saml Holten, Esqr ;
one of the Delegates of this Commonwealth in Congress,
The Sum of two hundred pounds, he to be accountable for

1786. — September Session. 351

the same; and the Treasurer is hereby directed, to pay
the afores? Sum out of the Money appropriated for the
support of Government in the last Tax.

October 7, 1786.

Chapter 13.

RESOLVE REQUESTING THE GOVERNOR, TO APPLY TO CON- nj}n71 1 Q
GRESS, TO EXTEND THE TIME FOR RECEIVING FACILITIES KjUilP' 1D
IN THE REQUISITION OF SEPTEMBER 27, 1785.

Whereas by a resolve of Congress of the 27th of Sept.,
1785, it is provided, that a certain part of the requisition
of said date, be accepted from the several States in Cer-
tificates, to be issued by the Continental Loan Officers,
for Interest on the liquidated debt of the United States,
if said payments be actually made prior to the first day
of January, 1786, & in conformity to the conditions, in
said resolve prescribed ; but otherwise, that silver & gold
be only received therefor :

And whereas it appears to this Court, that the Loan
Officer for this Commonwealth, by reason of the multiplic-
ity of business in his Office, will not be able to furnish
the Good Citizens thereof, with the Certificates they are
entitled to, for Interest due to them on the Federal Debt,
within the period limited by said resolve, for their being
received on part of said requisition :

Therefore Resolved, that his Excellency the Governor
be, and he hereby is requested to apply to Congress, to
grant a prolongation of the time, for which Facilities may
be received, agreeably to their said resolve of twenty
seventh of /Sept, 1785, that the Citizens of this Common-
wealth, may have opportunity to procure the same from
the Loan Office in this State, and thereby avail themselves
of the benefit, by said resolve intended,

October 7, 1786.

Chapter 14.* Chap. 14

[September Session, ch. 14, 1786.]

Chapter 15.* Chap. 15

[September Session, ch. 15, 1786.]
* Governor's message, see end of volume.

352 1786. — September Session.

Chapter 16.*

Chan Ifi RESOLVE MAKING A GRANT TO NATHAN DANE, ESQ; ONE OF
\jItU£J. J.U the DELEGATES TQ REPRESENT THIS COMMONWEALTH IN

CONGRESS.

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth, to the honble. Nathan
Dane, Esqr ; one of the Delegates to represent this Com-
monwealth in Congress, the ensuing year, the sum of two
hundred pounds, out of the money appropriated in the
last tax, for the support of Government, he to be account-
able for the same. October 10, 1786.

Chapter 17.

Chan 17 RESOLVE DIRECTING THE COMMISSARY GENERAL, TO PROCURE
KstlWp. 14 BLANKETS, &c. FOR THE PENOBSCOT INDIANS, AND GRANT-

ING TWO HUNDRED POUNDS, FOR THAT PURPOSE.

Resolved, that the Commissary General be, and he is
hereby directed, To procure without delay, Three hundred
and Fifty Blankets, Two hundred pounds of Gun powder,
Eight hundred pounds of Leaden Ball and Shot, and
Fifteen hundred Flints ; To be delivered to such person
as the Governor, with the Advice of Council shall appoint,
to Carry into execution, An Agreement Made with the
Tribe of Penobscot Indians, Agreeably to An Act, passed
the General Court this day.

Resolved, that there be allowed and paid, out of the
Treasury of this Commonwealth, to Richard Devens,
Esqr ; Commisy. Gen1- The Sum of two hundred pounds, to
Enable him to procure the Articles aforesaid, he to be
accountable for the same. October 10, 1786.

Chapter 18.

™ 1ft RESOLVE ON THE PETITION OF JESSE JOHNSON, DIRECTING

iytiap. lO TRE TREASURER TO CREDIT THE TOWN OF CHESTER FOR
A FINE, FOR NOT SENDING A REPRESENTATIVE.

On the petition of Jesse Johnson, in behalf of the town
of Chester, seting forth, that s- town was fined in the
Last State tax, for Not Sending a Representative, and

* Taken from court record.

1786. — September Session. 353

praying that the same may be Abated ; for Reasons set
forth in his Petition :

Resolved, that the Prayer of the Petition be granted,
and the Treasurer of this Commonwealth be, and he
hereby is Directed, to Credit the said town of Chester, in
the Last State tax, the Sum of Eighteen Pounds, being
the fine set on said town. October 11, 1786.

Chapter 19.

RESOLVE ON THE PETITION OF JOHN BAILEY, DIRECTING THE (Jha7) 1Q
COMMITTEE FOR THE SALE OF ABSENTEES ESTATES, IN "'

PLYMOUTH COUNTY, TO RETURN A CONSOLIDATED SECUR-
ITY, FOR THE SUM MENTIONED, ON CONDITION.

Upon the petition of John Bailey, Esq ;

Resolved, that Nathan Mitchell, Esqr ; Zebedee Sprout,
and Joseph Smith, the Committee for the sale of Ab-
sentees Estates, in the County of Plymouth, be, and they
hereby are directed, to return to the said John Bailey, a
consolidated security of this Commonwealth, for the sum
of One hundred and three Pounds, eight shillings and six
pence, pledged with them by the said John Bailey, in
their capacity as aforesaid, on condition that the said John
Bailey, pay to the said Mitchell, Sprout and Smith, a secur-
ity or securities of this Commonwealth, to the Amount
of thirty two Pounds, and ten Shillings.

October 11, 1786.

Chapter 20.

RESOLVE ON THE PETITION OF SOLOMON FREEMAN, ESQ; IN ni,n/%. Of)
BEHALF OF HIMSELF, JOSEPH NYE, ESQ; AND MR. NATHAN KjflaP' ^U
DOANE, GRANTING HIM SIX POUNDS TWELVE SHILLINGS
AND NINE PENCE, FOR SERVICES IN VIEWING THE HAR-
BOUR OF CAPE COD.

On the Petition of Solomon Freeman, Esqr ; in behalf
of himself, Joseph Nye, Esqr ; and Mr. Nathan Doane,
praying for an allowance for their service, in Viewing the
Harber of Cape Cod, agreeably to an order of the Gen-
eral Court :

Resolved, That there be allowed and paid out of the
Public Treasury of this Commonwealth, to Solomon Free-
man, Esqr; Six pounds Twelve Shillings and nine pence,
in full for the aforesaid Service of himself, and the said
Nye and Doane. October 11, 1786.

354 1786. — September Session.

Chapter 21.

Chan 21 RES0LVE 0N THE petition of micah leach, directing the

"' TREASURER TO MAKE OUT NOTES IN LIEU OF THOSE THAT

HAVE BEEN DRAWN BY FORGED ORDERS.

On the Petition of Micah Leacli, Setting forth that he
Served three years in the Continental army, in CoU1. Brad-
ford's Regt., in Capt. Joshua Eddy's Company, that the
notes and Wages due to him for his Service, were drawn
out of the Treas of this Commonwealth, by a Person un-
known to him, who Forged his name at Said office :

Resolved, that the Prayer of the Petition be Granted,
and that the Treasurer of this Common Wealth be, and
he hereby is directed, to make out and Deliver to the
Said Micah Leach, notes to the whole amount of the
Wages due to him, of the Same Tenor and date, and in
the same manner that he would have done, if the Said
Leach's Wages had not been drawn by Forgery.

October 11, 1786.

Chap.

Chapter 22.

RESOLVE ON THE PETITION OF THREE OF THE JUSTICES OF
THE COURT OF COMMON PLEAS IN LINCOLN COUNTY, DE-
CLARING CERTAIN PROCEEDINGS OF MR. JUSTICE LITHGOW
VALID AND SUFFICIENT.

Upon the petition of three of the Justices of the Court
of Common pleas for the County of Lincoln, shewing that
at the Court of Common pleas, by law appointed to have
been holden at Waldoborough, within and for the County
of Lincoln, on the 2nd Tuesday of Sejtt last, Several of
the Justices were casually prevented attending, For which
reason the business of the said Court could not be com-
pleted, altho Justice Lithgoiv, and two Special Justices
did open the same, and permitted the plaintiffs to enter
their actions, and such Defendants as chose it, to become
default, and also did transact some other business of less
importance, and then adjourned :

Resolved, that the Proceedings abovementioned, of the
s- Justice Lithgoiv, and the said special Justices, be, and
they hereby are confirmed, and rendered valid and suffi-
cient in all Respects, as if such Proceedings had been had
before three Justices of the said Court of Common Pleas ;

1786. — September Session. 355

and the Clerk of said Court, and all concerned, are hereby
empowered and directed, to govern themselves accord-
ingly. October 11, 1786.

Chapter 23.* Chap. 23

[September Session, ch. 23, 1786.]

Chapter 24.* Chap. 24

[September Session, cb. 24, 1786.]

Chapter 25.* Chap. 25

[September Session, cb. 25, 1786.]

Chapter 26.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN Chap. 26
OF BOSTON, DIRECTING THE TREASURER TO CREDIT THE ^'

SAID TOWN FOR THE FINE OF FIVE HUNDRED AND NINETY
TWO POUNDS, EIGHTEEN SHILLINGS AND NINE PENCE,
FOR THE DEFICIENCY OF EIGHT MEN.

Whereas the town of Boston, is fined in the sum of five
hundred ninety two pounds, eighteen shillings and nine
pence, for a deficiency of eight men, out of eighty five
men apportioned on the said Town, agreeably to a resolve
of March 7^, 1782: — and whereas it appears to this
Court, that the said town of Boston, did furnish eight men
more than their quota, apportioned by a resolve of Decemr.
2, 1780, which eight men were by desire of General
Lincoln, and with the approbation of General Washington,
inlisted on board the Continental Frigate Alliance, com-
manded by John Barry, Esqr ; then bound to France, on
important business ; with assurances that an allowance of
Eight Men should be made to the said Town on ye next
requisition for Men :

Resolved, that the Treasurer of this Commonwealth be,
and he hereby is authorized and directed, to credit the
Town of Boston, the said Fine of five hundred ninety two
pounds, eighteen shillings and nine pence.

October 12, 1786.

* Governor's message, see end of volume.

356 1786. — September Session.

Chapter 2K.

CkaV 27 RESOLVE ON THE PETITION OF SETH WASHBURN, ESQR; IN
"' BEHALF OF HIMSELF, JOHN FESSENDON AND SAMUEL

CURTIS, ESQ'RS. GRANTING THREE POUNDS TWELVE SHIL-
LINGS FOR THEIR SERVICES.

On the petition of Seth Washburn, Esqr ; in behalf of
himself, John Fessendon and Samuel Curtis, Esq'rs. a
Committee appointed by the General Court, to repair to
the town of Dudley, and enquire into certain concerns of
the Indians in that Town, praying for allowance for said
Service :

Resolved, that there be allowed and paid out of the
Public Treasury of this Commonwealth, to Seth Wash-
burn, Esqr; three pounds twelve shillings, for himself,
John Fessendon and Samuel Curtis, Esq'rs. in full for
their service as aforesaid. October 12, 1786.

Chap. 28 Chapter 28.*

[September Session, ch. 28, 1786.]

Chap. 29 Chapter 29.*

[September Session, ch. 29, 1786.]

Chapter 30.

Chan 30 RES0LVE 0N THE PETITION OF WILLIAM HUNT, ESQR; AU-

Kjlliip. OKJ THORIZING THE JUDGES OF THE SUPREME JUDICIAL COURT,

ON COMPLAINT MADE TO THEM, TO TAKE COGNIZANCE OF

THE ACTION REFERRED TO, AND GRANT AFFIRMATION OF

THE FORMER JUDGMENT.

On the Petition of William Hunt, Esqr; setting forth,
that by mistake he omitted entering a Complaint against
one James Freeland, at the Supreme Judicial Court holden
at Worcester, in September last, and praying for Liberty
to enter said Complaint, at the Supreme Judicial Court,
to be held at Cambridge, on the last Tuesday of October
instant :

Resolved, That the prayer of the said petition be
granted, and that the Judges of the Supreme Judicial
Court, at a Court, to be by them holden at Worcester,
within, and for the county of Worcester, on the third

* Governor's message, see end of volume.

1786. — September Session. 357

Tuesday of April next, be, and hereby are Authorized
and irnpowered, on complaint to them made by the said
William Hunt, in the Action above referred to, to take
cognizance of the same, and grant affirmation of the
former Judgment, in the same manner, as by Law they
might have done, had said Complaint been entered at the
said Supreme Judicial Court held at Worcester, on said
third Tuesday of September last, any Law to the Contrary
notwithstanding. October 13, 1786.

Chapter 31.

RESOLVE ON THE PETITION OF JEREMIAH HILL, ESQ; IN BE- (JfiQ^j %\
HALF OF THE TOWN OF BIDDEFORD, EMPOWERING THE "'

SELECTMEN, TO MAKE THEIR WARRANT IN MANNER AND
FORM, AS BY LAW DIRECTED, AND MAKING THE SAME
EFFECTUAL.

On the petition of Jeremiah Hill, Esqr ; in behalf of
the town of Biddeford, Shewing that no Warrant was
given to Shadrach Wetherbe, Constable for Said Town,
to collect the town tax in the aforesaid town, for the year
one thousand Seven Hundred and eighty One ; and pray-
ing that the Selectmen of the Said town, for the time
being, may be authorized and irnpowered to make their
Warrant to Said Constable of said Biddeford, for the
aforesaid purpose :

Resolved, that the Selectmen of Biddeford, for the time
being, be, and they are hereby irnpowered and directed,
to make their warrant in Manner, and form as by Law is
directed {mutatis mutandis) to the Constable aforesaid,
and to deliver the same to the Constable aforesaid ; and
the warrant aforesaid, made and delivered as aforesaid,
shall be as good and effectual in Law, for all future col-
lections, as if the same had been made and delivered to
the said Constable with the lists or assessments of the
aforesaid tax. October 13, 1786.

Chapter 32.

RESOLVE ON THE PETITION OF JOHN HINDS AND JABEZ CJlCLV 32

WESTON. ^'

On the Petition of John Hinds and Jabez Weston,
Prisoners, who have been confined several months in the
Goal in Northampton, for the Costs of the Prosecutions

358 1786. — September Session.

against them, setting forth that they are wholly unable to
pay the s? Costs, and praying that they may be discharged :
Resolved, that the Sheriff of the County of Hampshire
be, and he hereby is authorized and directed, to permit
the said Prisoners, to go at large from the said Goal.

October 17, 1786.

Chapter 33.

Chap. 33 RESOLVE ON THE PETITION OF ESTHER WAMSEOX, AN IN-
^' DIAN WOMAN.

On the Petition of Esther Wamseon, an Indian Woman
of the JSTatick Tribe, praying for liberty to sell a certain
piece of Land, mentioned in her Petition, and for reasons
therein set forth :

Resolved, that the prayer of the Petition be granted,
and that she have leave to sell the same, for the most it
will fetch, and to make and Execute a good and lawful
Deed to the purchaser ; and that the money arising there-
from, be appropriated for the purchase of other Lands,
where it will be more convenient for the Petitioner : and
it is further

Resolved that this business be under the care and direc-
tion of Cap? Joseph Twitchell, the only surviving Guar-
dian of said indian Tribe. October 18, 1786.

Chapter 34.

Chap. 34 RESOLVE ON THE PETITION OF JOSEPH chadbourn.

On the Petition of Joseph Chadbourn, Collector for the
Plantation of Little Falls, in the County of York, Pray-
ing for an Abatement of two certain Taxes, committed to
him to Collect, assessed on the unimproved Lands of
Lady JIary Pepperrall and William Pepperrall, in the
year of our Lord, 1781 :

Resolved that the Prayer of the Petition be granted,
and that the Sum of fourteen pounds nineteen shillings,
and seven pence, assessed to Lady Mary Pepperrall, and
the other sum of Eleven pounds twelve shillings, and ten
pence, assessed to William Pepperrall, both in the year
of our Lord, 1781, be Abated, and that the Treasurer
of this Commonwealth, discharge said Collector to the
Amount of the sums aforesaid, and that Execution which
has been issued against said Collector, be so for satisfied,
and that the Sheriff govern himself accordingly.

October 18, 1786.

1786. — September Session. 359

Chapter 35.

RESOLVE GRANTING ONE HUNDRED AND FIFTY POUNDS, TO QkaV. 35
THE COMMISSARY GENERAL, IN ADDITION TO WHAT HAS 2

BEEN GRANTED TO PURCHASE BLANKETS, &c. FOR THE
PENOBSCOT INDIANS.

On the Petition of RicM Devens, Esqr ; Commissary
General, representing that the sum of Two hundred
pounds, granted him the 10th Ins, to procure Blankets,
&c. for the Penobscot Tribe of Indians, is Inadequate for
the purpose :

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to Richard Devens,
Esqr ; the further sum of one hundred and Fifty jjounds,
to enable him to procure Blankets, &c. for the Penobscot
Indians, Agreeably to a Resolve of the General Court,
passed the 10th ins, he to be accountable for the same.

October 18, 1786.

Chapter 36.

RESOLVE EMPOWERING THE GOVERNOR, TO DRAW HIS WAR- (Jhai) 36
RANT FOR FORTY POUNDS, TO DEFRAY THE CHARGE OF *'

EXECUTING THE AGREEMENT WITH THE PENOBSCOT IN-
DIANS.

Whereas by An Act passed the 11th Inst, the Gov-
ernor, with the Advice of Council, was impowered to
appoint some Suitable person to Repair to Penobscot,
with the Blankets and other Articles for the Penobscot
Tribe of Indians, and Cary into execution the Agreement
made with Said Indians, and Receive a Deed of Relinquish-
ment from Them :

Resolved, that the Governor, with the advice of Councill
be, and he is hereby Authorized, to grant a Warrant on
The Treasurer, in favour of the Person appointed as afore-
said, For a Sum Sufficient for Said purpose, not Exceeding
the Sum of forty pounds. October 18, 1786.

Chapter 37.

RESOLVE ON THE PETITION OF WILLIAM DRAKE. Chat). 37

On the Petition of William Drake, Praying that he
May be authorized to Enter an appeal against Isaac Wen-
doll, at the Supreme Judicial Court, next to be holden at
Boston, within and for the County of Suffolk:

360 1786. — September Session.

Resolved, that William Drake, Notify the sc3 Isaac Wen-
dall, By Serving him with an attested Copy of his Petition,
and this order thereon, at Least Fourteen Days Before
the Second Wednesda}r of the Next Setting of the General
Court, to Shew cause if any he have on the said Day,
Why the Prayer of the Said Petition Should not be
granted, and that the Execution be Staid in the Mean
Time. October 18, 1786.

Chapter 38.

Chap. 38 RESOLVE ON THE PETITION OF SAMUEL BRADFORD AND
^' OTHERS, OFFICERS OF THE COMPANY OF CADETS, IN BOS-

TON, DETERMINING THEIR RANK, AND INTITLING THE SAID
COMPANY TO AN ADJUTANT, WITH THE RANK OF CAPTAIN.

On the petition of Samuel Bradford and others :
Resolved, That the Governor be, and he hereby is
authorized and empowered, to commissionate the officers
of the Independent company of Cadets in Boston, with the
following rank, viz. the Captain with the rank of Lieuten-
ant Colonel, and the Lieutenant and Ensign, each with
the rank of Major.

Resolved, That the said Company of Cadets be, and
hereby are intitled to an adjutant, and that the Governor
be, and he hereby is authorized and empowered to com-
missionate the said adjutant with the rank of Captain.

October 18, 1786.

Chap. 39

Chapter 39.

RESOLVE ON THE PETITION OF LEVI THAYER.

On the Petition of Levi Thayer, praying that a new
Tryal may be granted him, in two Actions instituted by
John Taylor, and Judgment rendered thereon, in favour
of the said John, by the Court of Common Pleas, for the
County of Worcester , agreeable to the Certificate of the
Clerk of said Court hereto annexed :

Resolved, that the Prayer of the said Thayers Petition
be granted, and that the said Judgments be, and hereby
are rendered and declared to be null and void ; And that
said Taylor,, may if he see cause enter the said Actions
anew in the said Court of Common pleas, and the same
proceedings shall be had thereon, as if no Judgment had
been rendered on the said Actions : Provided such entry

1786. — September Session. 361

be made at the next Session of said Court of Common
Pleas.

And it is further Resolved, that any Lands or Estate
attached upon either of said Actions, shall be held to
satisfy the Judgments, which the said Taylor, may finally
recover against said Thayer. October 19, 1786.

Chapter 40.*

RESOLVE ON THE PETITION OF ISAAC FOX. Chap. 40

On the petition of Isaac Fox, praying for liberty to
re-enter, at the next Court of Common Pleas, in the
County of Middlesex, an action brought against him by
Jonathan Simpson, for reasons mentioned in said petition :

Resolved that the prayer of the said petition be so far
granted, that the petitioner notify the attorney of the said
Jonathan /Simpson, by serving him with an attested copy
of his petition, with this order of Court thereon, fourteen
days at least, before the second Wednesday of the next
setting of the General Court, that he shew cause (if any
he has) on said day, why the prayer of said petition should
not be granted, and that execution be stayed in the mean
time. October 19, 1786.

Chapter 41.

RESOLVE ON THE MESSAGE OF HIS EXCELLENCY THE GOV-
ERNOR, GRANTING TWENTY POUNDS, FOR THE USE OF THE
EOUSATONUCK INDIANS, TO BE DISPOSED OF BY THE GOV-
ERNOUR, WITH ADVICE OF COUNCIL.

On the representation of the Moheakonuck, or Housa-
tonuck Indians, expressing their past attachment to this
Commonwealth, faithful services during the late war, and
the indigent state and circumstances to which they are
now reduced, and requesting some necessaries for their
support, and a supply of Books, for the instruction of
their children :

Resolved, that there be allowed, and paid out of the
public Treasury, the sum of twenty pounds, for the use of
the said Moheakonuck or Housatonuck Indians, to be laid
out in books, under the direction of the Governor, with
advice of Council ; the said Books to be committed to the

* Taken from court record.

Chap>. 41

362 1786. — September Session.

care and distribution of such person or persons, as shall
be appointed by the Governor, with advice of Council, for
that purpose. October 19, 1786.

Chapter 42.

Chan. 42 resolve on the petition of adam porter.

On the Petition of Adam Porter, of Cumington, pray-
ing that a Deed of certain land, made to the sd Adam,
October 22'.ld, 1771, by Timothy Mower, deceased, may
be authenticated by the Oath of Witnesses to the hand
writing of the sd Timothy, the Subscribing Witnesses to
the said Deed being Dead :

Resolved, that the Justices of the Court of Common
Pleas, for the County of Hampshire, be, and hereby are
authorized to hear, and examine the Witnesses to the
hand writing of the sd Timothy, and if upon such Exami-
nation, the sd Justices are convinced of the authenticity
of the same Deed, they are hereby authorized and directed,
to certify the same thereon, which Proceedings shall have
the same Effect, as if the subscribing Witnesses were
present, and had testified the same, in the manner pre-
scribed by Law. October 19, 1786.

Chapter 43.

Chan 43 RES0LVE 0N THE petition of joh.v ashlet, in behalf of

L ' THE TOWN OF SHEFFIELD.

On the petition of John Ashley, Jim? Esq ; in behalf of
the Town of Sheffield, Setting forth, that Some time Since
the Treasurer Issued his Execution against the Said Town
of Sheffield, for Deficiencies of Beef, Required of the Said
Town, by a Resolve of the General Court, of the 4th of
Deem':, 1780, and Since the Issuing of the Said Execu-
tion, the Said Town have found a Rec- from the Agent,
for Receiving of Beef in favour of the Said Town, to the
amount of Three Thousand, Eight hundred and forty
Wl of Beef; and a receipt for the above mentioned quan-
tity of Beef, signed by William Bacon, and bearing date
the 10th of July 1781, being produced :

Therefore Resolved, that the Treasurer be, ami he
hereby is Directed, to Credit the Said Town of Sheffield,
on the Execution Issued by him against the Said Town,
for a Deficiency of Beef, as Set forth in Said Petition, the

1786. — September Session. 363

Sum of Sixty four Pounds in Specie, the said Sum being
equal to the Aforesaid Three Thousand Eight hundred
and forty W* of Beef. October 19, 1786.

Chapter 44.

RESOLVE ON THE PETITION OF MARTIN BRIMMER. CJlCip. 44

On the Petition of Martin Brimmer, in behalf of him-
self & others, the Principal Creditors To the Estate of
Peter Oliver, and Peter Oliver, junior. Esquires. Praying
that Commissioners may be Appointed, To Reexamine
the Claims against said Estate, for Reasons set forth in
said Petition :

Resolved, 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 Commis-
sioners to Reexamine the several Claims To the Estates
aforesaid, and make Report thereof, within Such Term as
the Judge of Probate shall think Necessary, at the Ex-
pence of said Creditors. October 20, 1786.

Chapter 45.

RESOLVE ON THE PETITION OF ISRAEL ATHERTON.

On the Petition of Israel Atherton, praying that the
Judge of Probate, in, and for the County of Worcester,
May be Authorized to Direct the Commissioners on the
Estate of Peter Atherton, again to sit, and Examine Cer-
tain Claims against the said Estate :

Resolved that the Judge of Probate, in and for the
County of Worcester, be, and hereby is Authorized and
Empowered, to Cause the Commissioners aforesaid, again
to Sit, Examine and allow such Just Claims against the
Estate of the Said Peter, as may be Exhibited by Said
Israel Atherton, the said Commission of the Said Commis-
sioners having been returned to the Said Judge of Probate
and Closed, Notwithstanding. October 20, 1786.

Chapter 46.*

RESOLVE GRANTING FORTY SHILLINGS TO ABEL PACKARD.

On the petition of Abel Packard, setting forth that he
made provision for twenty five british Prisoners, in Octo-
ber 1777 :

* Taken from court record.

Chap. 45

Chap. 46

364 1786. — September Session.

Resolved that the praj'er of the Petition be granted, and
that there be paid out of the Treasury of this Common-
wealth, to the said Abel Packard, the sum of forty shil-
lings, in full of his account, any law or resolve to the
contrary notwithstanding. October 20, 1786.

Chap. 47 Chapter 47.*

[September Session, ch. 47, 1786.]

Chapter 48.

CkaV 48 RESOLVE ON THE PETITION OF EZRA JEWELL.

On the Petition of Ezra Jewell of Amesbury, in the
County of Essex, setting forth, that Judgment has been
recovered against the said Jewell, on a certain bond, for
the sum of one hundred pounds, debt and damage, and
two pounds eleven shillings and ten pence, costs of suit, at
a Court of Common Pleas, holden at Concord, within and
for the County of Middlesex, on the Second Tuesday of
March last, on an action brought against him by John
Hunt, of Watertown, in the said County, and whereas it
appears reasonable and just, that there should be a new
trial on the aforesaid action, for the reasons set forth in
the Petition : Therefore

Resolved, that the said Ezra Jewell, be, and he is hereby
empowered to re-enter the said action, at the Court of
Common Pleas, to be holden at Cambridge, on the last
Tuesday of November next, and the said Court are hereby
directed, to proceed thereon according to Law, in the
same manner, as if the said action had been regularly
brought, and the Writ returnable to the same Court, and
had been there entered by the said John Hunt; and that
the said Ezra Jeivell, serve the said John Hunt, with an
attested copy of this Resolve, fourteen days at least, be-
fore the holding of the aforesaid Court, and that the Judg-
ment aforesaid be vacated, and the Execution thereon
stayed. October 21, 1786.

Chapter 49.

ChaW* 49 RESOLVE ON THE PETITION OF WILLIAM WHITE.

On the petition of William White, seting forth, that on
the Seventeenth day of December, in the Year of our Lord,
1782, the Judge for probate of Wills, &c. for the County
of Suffolk, appointed him Administrator on the Estate of

* Governor's messase, see end of volume.

1786. — September Session. 365

William White, late of Boston, Esqr ; Deceased, and con-
tinued his duty as Administrator, for the space of about
two years and half, at which time he was removed from
the Said trust, by the Supreme Court of probate, then
Acting under a Special act of the Legislature ; and that
the Said Judge of probate, has doubts of his Authority to
Settle the Accounts of Said Administrator : Therefore

Resolved that the Judge for probate of Wills, and grant-
ing letters of Administration for the County of Suffolk, is
hereby Authorized and directed, to Settle and Adjust the
Accounts of the said William, while Acting in his said
capacity of Administrator, as fully to all intents and pur-
poses, as he is by Law impowered to Settle the Accounts
of any Administrator or Administrators whatever.

October 21, 1786.

Chapter 50.

ORDER RESPECTING TRESPASSES IN THE EASTERN COUNTIES, fl},nr} X()
AND REQUESTING THE GOVERNOR TO ISSUE A PR0CLAMA- y~J'laF' OKJ
TI0N, &c.

Whereas it is represented to this Court, that divers
persons, since the first of January, 1784, have illegally
entered upon, and taken possession of some of the unap-
propriated Lands belonging to this Commonwealth, in
the Eastern Counties, and that others are settling in like
manner thereon, presuming upon the indulgence of Gov-
ernment, that they shall be quieted in their possessions :

Ordered, That the Governor be, and he is hereby re-
quested, with Advice of Council, to issue a Proclamation,
forbidding, and cautioning all persons against settling on
any of the said Lands, or committing any trespass thereon,
as they would avoid being dealt with according to law, —
And that a number of such Proclamations be dispersed
into different parts of the said Counties.

October 21, 1786.

Chapter 51.*

MESSAGE TO HIS EXCELLENCY THE GOVERNOR, REQUESTING mffl|) CI
HIM TO TAKE MEASURES TO PREVENT ANY OPPOSITION, TO ■*■ '

THE SITTING OF THE SUPREME JUDICIAL COURT AT TAUN-
TON, ON TUESDAY NEXT.

Ordered, that Samuel Adams, and Tristram Dalton,
Esq'rs. Mr. Davis, Mr. SJiepard, and Mr. Brooks of Jled-

* Taken from court record.

366 1786. — September Session.

ford, be a Committee, to wait upon his Excellency the
Governor, and acquaint him, that information having been
given, that there is a degree of probability, that some at-
tempts may be made, to prevent the sitting of Supreme
Judicial Court at Taunton, on Tuesday next, — Although
the Legislature entertain full confidence, that his Excel-
lency will exercise that authority on this occasion, with
which the Constitution has vested him, yet they can't for-
bear expressing their desire, that he would immediately
give the most serious attention to the subject.

October 21, 1786.

Chap. 52

Chapter 52.*

RESOLVE FOR MAKING ENQUIRY INTO THE CONDUCT OF A
PRIEST, OFFICIATING AMONG THE PENOBSCOT TRIBE OF

INDIANS.

Whereas the Commissioners appointed by a Resolve of
the General Court, of the sixth of July last, to treat with
the Penobscot Tribe of Indians, respecting their claim to
lands on Penobscot river, have in their letter to the Gov-
ernor, of the 12th of September, acquainted his Excellency
with a complaint, exhibited to thejji by Colonel Joseph
Neptune, one of the chiefs in the Penobscot Tribe, against
the Priest officiating in the said Tribe ; that he, the said
Neptune, did put into the hands of the said Priest, thirty
seven Beaver Skins, which he engaged to sell for him at
Boston, and account with him for the proceeds, — that on
his return, he was informed by the Priest, that he could
not pay for the skins, as the money was taken from him
in Boston, to pay for some cloathing, he the said chief had
there ; which at the time he received it, he supposed was
given him by the Commonwealth : — And it being expe-
dient, that due enquiry be made into the said complaint :

Therefore Resolved that the person, who is, or shall be
appointed to execute an agreement, made Iry the Commis-
sioners (above referred to) with the said Penobscot Tribe
of Indians, be, and he is hereby empowered and directed,
to summons the said Priest to appear before him, and
answer to the complaint of the said Colonel Joseph Nep-
tune, and to make such enquiries relative thereto, as he
may judge necessary, in order to obtain a true statement
of facts, and to report the same to the Governor and
Council, that proper measures may be taken thereon.

October 21, 1786.
* Taken from court record.

1786. — September Session. 367

Chapter 53.

RESOLVE ON THE PETITION OF SAMUEL TOBEY, ESQ. Chai) 53

On the petition of Samuel Tobey, Esqr ; one of the Com-
mittee for selling Absentees Estates in the County of
Bristol, representing that the said Committee, sold a cer-
tain Lot of Land at Public Auction, and Received certain
public securities of this Commonwealth, as a pledge for
the payment of a sum of Money, which securities became
forfeit, by Non payment of the said Money, and that by
the said delinquency a loss ensued, which must be borne
by the said Committee, unless they are allowed to pay
said Securities into the Treasury, and pray the same may
be received :

Resolved that the prayer of said petition be granted,
and that the Treasurer of this Commonwealth be, and he
hereby is impowered and directed, to receive of said Com-
mittee, Sixty pounds of the Securities mentioned in said
Petition, being a Ballance remaining in the hands of said
Committee, as sett forth in said Petition.

October 21, 1786.

Chapter 54.*

RESOLVE ON THE PETITION OF MARK LORD. Chan. 54

On the Petition of Mark Lord, praying that he may
have liberty to appeal his action against Moses Coops,
from the Court of Common Pleas, held in the County of
York, to the Supreme Judicial Court, held in said County,
for reasons set forth in his petition :

Resolved that the said Mark Lord, notify the said
Moses Copps, to appear on the second Wednesday of the
next sitting the General Court, that he may shew cause,
why the prayer of said petition, should not be granted,
by serving him with an attested copy of his petition and
this order, fourteen days before the next sitting of the
General Court, and that execution be stayed in the mean
time. October 21, 1786.

Chapter 55. t Chap. 55

[September Session, ch. 55, 1786.]

* Taken from court record.

t Governor's message, see end of volume.

368 1786. — September Session.

Chapter 56.

Chap. 56 RESOLVE ON THE PETITION OF THOMAS VINSON.

On the Petition of Thomas Vinson, praying That an
Oath administered by him as Moderator of a Meeting of
the Second Parish in Weymouth, held March ye 9th, 1786,
for the Choice of Parish Officers, &c. to the Clerk then
chosen for said Parish, and the Records made by the said
Clerk, may be confirmed and rendered valid in Law, al-
though a Justice of the Peace was present at the Time of
administering said Oath :

Resolved, That for Reasons set forth in the said Peti-
tion, the Prayer thereof be granted And the Oath admin-
istered by the said Thomas Vinson, and the Parish Records
made by the Clerk, to whom the same was administered,
be, and they are hereby confirmed and made valid in Law,
so far as they would have been, had the said Clerk been
legally sworn, any law or Resolve to the contrary not-
withstanding. October 24, 1786.

Chapter 57.

Chap. 57 RESOLVE ON THE PETITION OF THOMAS HALLET.

On the petition of Thomas Hallet, Praying that he may
be allowed the State's bounty that was Due to his son
Ezekiel Hallet Deceased, who Inlisted in the Continental
Army, in the year 1777, as set foarth in his said Petition :

Resolved that the prayer of the Petition be granted, and
that the Treasurer of this Commonwealth be, and he is
hereby Directed, to deliver to the Said Thomas Hallet,
twenty pounds, in a Specie Note, with interest from the
first Day of January, 1777. October 24, 1786.

Chapter 58.
Chan 58 RES0LVE 0N THE governor's message, respecting the

■* ' SITTING OF THE SUPREME JUDICIAL COURT AT TAUNTON,

AND REQUESTING HIM TO TAKE MEASURES FOR THE SIT-
TING OF SAID COURT AT CAMBRIDGE, THE 31st INSTANT.

On the Message from his Excellency the Governor, of
the 23d of October, 1786 :

Resolved, That Samuel Adams, William Phillips and
Tristram Dalton, Esq'rs. Mr. Hill, Mr. Hoivard, Mr.

1786. — September Session. 369

Dawes, and Mr. Tohey, be a Committee to wait upon his
Excellency the Governor, and thank him for the intelli-
gence he has been pleased to communicate to this Court,
respecting the measures he has taken, to support the
Supreme Judicial Court, at their Session in the County
of Bristol, and to assure his Excellency, that this Court,
in the earliest part of its present session, did bear their
faithful testimony against the late outrageous proceedings,
in several Counties within the Commonwealth, and did
express their high satisfaction, in the measures, which his
Excellency has taken to suppress the same, and their firm
resolution to support the Constitutional authority of the
Government, and at the same time to enquire into, and
redress all real grievances, and did also Resolve, that
compensation should be made to such Officers and Soldiers
of the Militia, as appeared in pursuance of his Excellency's
order, for the purpose abovementioned, and that like
compensation should be made for such of the said Officers
and Soldiers, as might hereafter be called forth upon
similar occasions : And that the said Committee further
assure his Excellency, that this Court will always, on
such, and other occasions, afford the Supreme Executive,
all that aid, which shall be incumbent on them, in their
own department, fully confiding, that his Excellency will
still persevere in the exercise of such powers, as are vested
in him by our excellent Constitution, for enforcing due
obedience to the authority and Laws of Government, and
for preventing any attempts to interrupt the administra-
tion of Law and Justice for the future, upon which the
peace and safety of the Commonwealth, in the opinion of
this Court, immediately depend : and that they acquaint
his Excellency, that it is the earnest desire of this Court,
that immediate measures may be taken, for the support of
the Supreme Judicial Court, to be holden by Law within
the County of Middlesex, the ensuing week.

October 24, 1786.

Chapter 59.

RESOLVE GRANTING TWENTY POUNDS, TO THE MESSENGER, frLnn £Q
TO PROVIDE FUEL, &c. KJliUp. OV

Resolved, That there be paid out of the Treasury of
this Commonwealth, The Sum of Twenty pounds, to Mr.
Jacob Kulin, Messenger to the General Court, to enable

370 1786. — September Session.

him to discharge some debts already contracted ; and to
purchase further fuel and Candles, for the General Court,
he to be accountable for the same. October 25, 1786.

Chapter 60.

Chan. 60 resolve on the petition of samuel brown and others.

On the petition of Samuel Brown, Esqr : and others,
praying that they may have liberty to purchase of the
Natives, a quantity of Lands lying westward of Hudson's
River, and within the limits of the North and South lines
of this State, — and that this Commonwealth would re-
lease their right to the same :

Resolved that the said Samuel Brown and others,
named in said petition, be, and they hereby are permitted
to purchase of the Natives, any law to the contrary not-
withstanding, their right and title to the tract of Land
hereafter described, viz. Bounded Southwardly on Sus-
quehannah River, and running as said River runs, from
the River Owego, on the West, unto the River Chenango
on the East, and bounded by the said Rivers Owego and
Chenango, running Northwardly as said Rivers rim so far
as to complete a Tract of Land equal to Ten Townships,
of Six Miles square Each ; And that the right and title of
this Commonwealth, reserving the Jurisdiction entire, be,
and hereby is released and quitclaimed, unto the said
Samuel Brown, and his Associates, upon this express
Condition, Viz. That the said Samuel and his Associ-
ates, or any of them, do pay, or cause to be paid into the
Treasury of this Commonwealth, Three thousand three
hundred and thirty-three Spanish milled dollars, and one
third of a dollar, — or Silver and Gold equivalent thereto,
within two years from the passing of this Resolve, with
Interest after one year.

Provided Nevertheless, That if the Legislature of this
Commonwealth, shall at their next setting, after they shall
be ascertained, that the Petitioners have made the pur-
chase aforesaid, cause to be paid unto the said Samuel
Brown and his Associates, a Sum, equal to such Sum or
Sums of Money, as the purchase of said Natives may cost
them, together with all charges attending the same, then
and in such case, that title to the said tract of land, which
the said Samuel and his Associates may have purchased
of the natives, shall rest in this Commonwealth.

October 26, 1786.

1786. — September Session. 371

Chapter 61.

RESOLVE ON THE PETITION OF JOHN HUNT. ChaV. 61

On the petition of John Hunt, of Boston, setting forth
that a Judgment was unduly obtained against him, as
Administrator on the Estate of Joseph Sherburne, late of
Boston, esq- deceased, at a Court of Common Pleas,
holden at Taunton, in the County of Bristol, on the
second Tuesday of June last, by Jerathmel Bowers, and
praying that a new Trial may be granted him :

Resolved, For reasons set forth in the said Petition,
that the prayer thereof be granted, and that John Hunt
be, and he is hereby impowered to re-enter the said ac-
tion, at the Court of Common Pleas, next to be holden
at Taunton, in the County of Bristol, on the third Tues-
day of December next, and the said Court are hereby
authorized and directed, to proceed thereon, according
to Law, and the rules of the said Court, in the same man-
ner, as if the said action had been regularly continued in
the said Court, he the said Hunt, serving the said Bowers
with an attested copy of this Resolve, fourteen days at
least before the setting of the said Court, and that the
Mansion House set off to the said Bowers by virtue of
the said Judgment, be holden to satisfy the Judgment
which may be obtained on a new trial.

October 26, 1786.

Chapter 62.*

RESOLVE ON THE PETITION OF JUSTUS TREMAIN, GRANTING
HIM EIGHT POUNDS TEN SHILLINGS, FOR HIS WAGES IN THE
FOURTH MASSACHUSETTS REGIMENT.

On the petition of Justus Tremain, who was fifer in the
fourth Massachusetts regiment, in the year 1780 :

Resolved that the prayer of the Petition be granted, and
that there be allowed and paid out of the public Treasury
to the said Justus Tremain, the sum of eight pounds ten
shillings, in full for his wages, from the first day of Jan-
uary 1780, to the twenty sixth day of April following, —
the same to be charged to the United States.

October 25, 1786.

* Taken from court record.

Chap. 62

372 1786. — September Session.

Chap. 63 Chapter 63.*

[September Session, ch. 63, 1786.]

Chap.

Chapter 64.

(J4 RESOLVE DIRECTING THE COMMISSARY GENERAL TO PURCHASE
CANNON, AND GRANTING HIM SUCH SUM OR SUMS, AS THEY
MAY AMOUNT TO.

Whereas it is necessary, that the Several artillery Com-
panies, within this Commonwealth, Should be immediately
furnished with cannon :

Resolved, That the commissary General be, and he is
hereby empowered and directed, to purchase for the use
of this Commonwealth, Four brass cannon, each carrying a
four or six Pound Shot, (if to be bought at the rate of
one shilling for each pound that they may weigh, at six
months credit) and that there be paid out of the Treasury
of this Commonwealth, to the Commissary General, for
the purpose aforesaid, in Six months after such purchase
be made, Such Sum or Sums as the said Four cannon may
amount to, at the rate aforesaid. October 27, 1786.

Chapter 65.

65 RESOLVE ON THE PETITION OF HARRISON G. OTIS, IN BEHALF
OF THE LIGHT TNFANTRY FORMING IN BOSTON.

On the memorial of Harrison G. Otis and others :
Resolved, That it be recommended to the Governor of
this Commonwealth, and he is hereby authorized and
impowered, to commission such persons as may be elected
by the Company of Light Infantry, now raising in the
town of Boston, as Officers of the same company, viz. one
Captain, one Captain Lieutenant, one first Lieutenant,
one second Lieutenant and one Ensign.

October 26, 1786.

Chapter 66.

Chart fifi RESOLVE ON THE PETITION OF THE INHABITANTS OF GREEN-
\jliup. UU W1CH AND BELCHERTOWN.

On the petition of a number of the inhabitants of the
Towns of Greenwich and Belchertown, praying that they
may be incorporated into a Town or Parish :

* Governor's message, see end of volume.

Chap

1786. — September Session. 373

Resolved, that the petition be so far granted, that the
petitioners serve the Town Clerk of Greenwich, with a
copy of said Petition, and the order of Court thereon,
fourteen days before the second Wednesday of the next
session of the General Court ; that the Town of Green-
wich, may then shew cause, (if any they have) why the
prayer of said petition should not be granted.

And it is further Resolved, that the petitioners belong-
ing to the Town of Greemvich, shall not be liable to be
taxed by the said Town, for the settlement of a Minister,
until the first day of June next. October 28, 1786.

Chapter 67.*

RESOLVE REQUESTING THE SUPREME EXECUTIVE TO APPLY Q]iay) Q'J
TO CONGRESS, RESPECTING DEFICIENT REGIMENTAL PAY- -* '

MASTERS.

AVhereas Congress did, on the third day of November,
A. D. 1783, resolve, that the certificates for the arrears
of pay due to the Officers and soldiers of the respective
lines of the late continental army, that were delivered to
the regimental Agents, should be delivered to the individ-
uals to whom they belonged ; or be deposited for their
benefit, as the Supreme executive of the State, to which
the respective agents belong, shall direct ; but there was
no penalty to enforce the compliance of said Agents, by
delivering to the Secretary of this Commonwealth, said
Certificates ; notwithstanding the Supreme Executive of
this Commonwealth, did on the sixth day of July 1785,
give directions to the agents belonging to the Massachu-
setts line, to deposit in the Office of the Secretary of this
Commonwealth, all the certificates in their possession, yet
it appears that the following agents have neglected their
duty, viz. Azariah Eggleston, Ebenezer Storer, Joshua
Danforth, Henry Nelson, Africa Hamlin, Park Holland,
Crocker Sampson, and Samuel Jeferds:

Therefore Resolved, that the Supreme Executive of this
Commonwealth be, and hereby are requested, to apply to
Congress, to take such further measures as shall by them
be thought necessary to inforce a compliance of the said
Agents, with the requisition of the said Supreme Execu-
tive. October 28, 1786.

* Taken from court record.

374 1786. — September Session.

Chapter 68.

Chaw 68 Resolve FOR RAISING six hundred and sixty men agree-

^ * ABLE TO RESOLVE OF CONGRESS.

Whereas his Excellency the Governor, by his Message
of the 27th of the present month, has communicated
sundry resolutions of Congress, passed by that Honorable
Body, on the twentieth day of this Month, which resolu-
tions are in the Words following,

By the United States in Congress assembled. October
20, 1786.

The Committee consisting of Mr. Pettit, Mr. Lee, Mr.
Pinckney, Mr. Henry and Mr. Smith, to whom was
referred the Letter from the War-Office, with the papers
enclosed, containing intelligence of the hostile intentions
of the Indians, in the western Country, have reported :

That the uniform tenor of the intelligence from the
western Country, plainly indicates the hostile disposition
of a number of Indian nations, particularly the Shawanese,
Puteotamies, Chipjjewas, Tawas and Ttvightwees.

That these nations are now assembling in the Shawanese
towns, and are joined by a banditti of desperadoes, under
the names of Mingoes and Cherokees, who are outcasts
from other nations ; and who have associated and settled
in that Country, for the purpose of war and plunder :
that they are labouring to draw in other nations, to unite
with them in a war with the Americans; That it is
expected, one thousand Warriors will soon be collected in
the Shawanese towns, from whence they have already
dispatched parties to commence hostilities : That from the
motions of the Indians to the southward, as well as the
northward, and the exertions made in different quarters,
to stimulate the various Nations against the Americans,
there is the strongest reason to believe, that unless the
speediest measures are taken, effectually to counteract and
defeat their plans, the war will become general, and may
be attended with the most dangerous and lasting conse-
quences.

That the Committee therefore, deem it highly necessary,
that the troops in the service of the United States, be
immediately augmented, not only for the protection and
support of the frontiers of the States, bordering on the
western territory, and the valuable settlements on, and

1786. — September Session. 375

near the margin of the Mississippi, but to establish the
possession, and facilitate the surveying and selling of
those intermediate lands, which have been so much relied
on, for the reduction of the debts of the United States :
whereupon

Resolved, that the number of one thousand, three hun-
dred and forty non-commissioned Officers and privates,
be raised for the term of three years, unless sooner dis-
charged, and that they, together with the troops now in
service, be formed into a legionary corps, to consist of
two thousand and forty, non-commissioned Officers and
privates.

That the additional troops be raised by the following
States, in the following proportions, to wit :

New- Hampshire, 260 ^

Massachusetts, 660 T f , •, »,«.-ii~. ioon

Rhode Island, 120 \ Infantry and Artillery, 1220

Connecticut, 180 J

Virginia and Maryland, each 60 Cavalry, making 120

1340

That the Secretary at war, inform the executive author-
ities of the respective States, in which the troops are to
be raised, the number and rank of Commissioned Officers
to be furnished by each State, in proportion to the men.

That the pay and allowances to the Troops to be raised
by this Resolve, be the same, as established by the Act
of Congress of the 12th of April, 1785.

That the said troops shall be subject to the existing
articles of war, or such as may hereafter be formed by
Congress, or a Committee of the States.

Resolved, that the States above mentioned be, and they
hereby are requested to use their utmost exertions to raise
the quotas of troops, respectively assigned to them, with
all possible expedition, and that the Executives of the said
States be, and hereby are requested, in case any of their
Legislatures should not be in session, immediately to con-
vene them for this purpose, as a delay may be attended
with the most fatal consequences.

Signed. CHARLES THOMSON, Secretary.

And whereas it appears to this Court necessary, That
the said resolutions of Congress, should be immediately
complied with, on the part of this Commonwealth :

376 1786. — September Session.

Resolved, that his Excellency the Governor be, and he
is hereby requested and empowered, with advice and con-
sent of Council, to appoint such Officers, and issue such
orders, as may most effectually and immediately tend to
raise the Troops required, as this State's Quota, agreeably
to the resolutions of Congress, before recited.

Resolved, That there be paid out of the Treasury of
this Commonwealth, such Sum or Sums of Money, not
exceeding two thousand five hundred Pounds, as the
Governor, with advice of Council may order, for the pur-
pose of carrying the aforegoing resolution into complete
execution.

Resolved that the Treasurer of this Commonwealth be,
and he hereby is empowered and directed, to borrow on
Interest of six per Cent, per annum, Monies sufficient to
answer the Warrants, which may be drawn in consequence
of the last mentioned resolution.

Resolved, That so much of the first monies, which shall
be received into the Treasury on account of the tax laid
for the specie part of the requisitions of Congress, of the
27th of September, 1785, as shall be sufficient to repay
the money that shall be borrowed by the Treasurer,
agreeably to the last mentioned Resolution, be appro-
priated for that purpose.

Resolved, That all Charges which shall be incurred by
this Commonwealth, in consequence of these Resolutions,
shall be esteemed as payments toward the Specie part of
the requisitions aforesaid, of the 27th of SepV., 1785, and
charged to the same accordingly. October 30, 1786.

Chap

Chapter 69.

69 RESOLVE ON THE PETITION OF SARAH SHAW AND JOHN ROWE.

On the Petition of Sarah Shaw, Executrix of the last
Will and Testament of Francis Shaw, late of Boston,
Esq ; deceased, and John Roive, Administrator to the
Estate and Effects of Robert Gould, late of said Boston,
Merchant, deceased, praying that a Grant made by the
Legislature of the late Province of Massachusetts bay, to
Nathan Jones, Francis Shaw and Robert Gould, of a
Township called Number three, or Gouldsborough, in the
County of Lincoln, East of Mount Desert, may be con-
firmed to the Grantees and their Representatives, for
Reasons set forth in their Petition :

1786. — Septembek Session. 377

Resolved, that said Grant be confirmed to the said
Grantees, and their Representatives, provided they, the
said Grantees or their Representatives, shall within three
years, from the passing- this Resolve, Settle Sixty Protes-
tant Families in Said Town, Build Sixty Dwelling Houses
in the same, not less than Eighteen Feet Square, or of
Equal Area, and seven feet Post ; Clear and cultivate five
Acres of Land to Each Family, fit for Tillage or Mowing ;
Build a suitable Meeting House for the Public Worship
of God, Settle a Learned Protestant Minister, and make
Provision for his comfortable and honorable support.

And provided , that the said Grantees, Appropriate four
whole shares, or Sixty fourth Parts, Within one Mile of
the center of said Town, Equal in quality with the Land
in General in s^ Town, for the following purposes : — One
for the first Settled Minister, his Heirs and Assigns for-
ever ; one for the use of the Ministry ; One for the future
disposition of Government, and one for the use of a School
forever : and provided further, that the said Grantees
shall allot and meet out, one hundred Acres of Land, unto
each Settler in said Township, who before the first Day
of January, 1784, settled thereon, and made seperate
Improvements, the same to be laid out in one lot, in such
Manner as to include his Improvement, upon his the said
Settler's paying to the said Grantees or their Agent, thirty
shillings, — unless where a particular agreement has al-
ready been made. October 31, 1876.

Chapter 70.*

RESOLVE ON THE PETITION OF LEVI THAYER.

On the Petition of Levi Thayer, setting forth, that
when absent beyond seas, one Timothy Rawson, unjustly
recovered judgment against him the said Levi, at a Court
of Common Pleas, held in the County of Worcester, 1786 :

Resolved, that the said Levi Thayer, notify the said
Timothy Rawson, by leaving with him, or at his last and
usual place of abode, an attested copy of said petition
and this resolve, at least twenty days before the second
Wednesday of the next sitting of this Court, that so he
may appear (if he see cause) and give reasons, why the
prayer of this Petition should not be granted, and that
the execution be stayed in the mean time.

October 31, 1786.
* Taken from court record.

Chap. 70

378 1786. — September Session.

Chapter 71.

Chap. 71 RESOLVE EMPOWERING HUGH M'CLELLAN AND DAVID SMEADr
ESQ'RS. TO MAKE SALE OF LAND MENTIONED IN THE RE-
SOLVE OF JULY 8, 1786.

Whereas by a Resolve of July 8th, 1786, Caleb Strong
and David Smead, Esq'rs. were empowered to make Sale
of a Gore or Piece of Land, adjoining on the Town of Ash-
Jield, in the County of Hampshire, and it appears con-
venient that the said Caleb Strong, should be excused
from the Duties of that Appointment, and that some other
Person should be chosen in his Place : Therefore

Resolved that Hugh M'Clellan, Esqr ; be, and he
hereby is empowered, together with the said David
Smead, Esqr ; to make Sale of the Land in the said
Resolve mentioned, and to make a Deed or Deeds of the
same, as in the Resolve aforesi is expressed.

October 31, 1786.

Chapter 72.

Chart' 72 RES0LVE 0N the petition of the overseers of the poor
1 ' of the town of marblehead.

On the petition of Samuel Hooper and others, Over-
seers of the poor of the town of Marblehead :

Whereas by a Resolve of this Court, of the 4th. March,
1784, the Collectors of The Town of Marblehead, are
directed, to Collect and pay into the hands of the Over-
seers of the poor of said Town of Marblehead, certain
sums of money, for the support and maintanance of the
poor of said Town : and whereas by said Resolve, there
is not sufficient power given to said Overseers to inforce
the Collection and payment of said monies : Therefore

Resolved that the Overseers of the Poor of the Town
of Marblehead, for the time being, be, and they are
hereby Authorized and impowTered, to demand and Re-
ceive, and in case of refusal to sue for, and recover of
said Collectors, all the monies that are directed to be col-
lected agreeably to said Resolve of the 4th March, 1784.

October 31, 1786,

1786. — September Session. 379

Chapter 73.

& A COMMITTEE TO BURN BILLS OF THE njiQ/ry 73.
[D OTHER SECURITIES IN THE TREASURY, "'

RESOLVE APPOINTING
NEW EMISSION, AN]
AND EMPOWERING THE TREASURER TO MAKE EXCHANGE
OF CONTINENTAL SECURITIES.

Whereas it appears that there are in the Treasury of
this Commonwealth, Bills of the New emission, so called ;
to the amount of Forty four thousand, one hundred and
forty six pounds, three shillings and nine pence. — State
Notes, not consolidated, to the amount of Twelve thousand,
three hundred and forty nine pounds., fourteen shillings
and one penny. — Consolidated Notes of this Common-
wealth, to the amount of Thirty thousand eight hundred
and thirty nine pounds, two shillings and two pence. —
Army notes to the amount of Ninety Jive thousand, six
hundred and twenty four pounds, tivo shillings and ten
pence, and Certificate money, to the amount of nine
thousand, nine hundred and eighty seven pounds :

Resolved that Richard Q ranch, Thomas Dawes and
Jonathan Mason, Esq'rs. be a Committee to examine the
Securities of the several denominations heretofore enu-
merated, which may be in the Treasury ; to ascertain the
exact amount of each, and to see the bills of the new
emission defaced, and the rest of the abovementioned
securities burned and destroyed, — making return of
their doings to the Secretaiy of this Commonwealth, to
be laid before the General Court, at their next sitting.

And whereas it also appears, that there are in the
Treasury, Continental Loan Office Certificates, to the
amount of Seventeen thousand, tivo hundred and Ninety
three pounds, two shillings and eight pence. — .Peirce's
final settlement Certificates on interest, to the amount of
Twenty three thousand, five hundred, and forty four
pounds, one shilling and sixpence, three farthings ; and
Applelon's Certificates for interest, to the amount of
Twelve thousand eight hundred and ninety four pounds,
eighteen shillings.

And whereas it may be for the interest of this Com-
monwealth, that some exchanges of the said securities be
made :

Resolved, that the Treasurer of this Commonwealth be,
and he hereby is empowered and directed, whenever he

380 1786. — September Session.

may think it for the interest of this Commonwealth, to
exchange the said Continental securities for other Conti-
nental securities on interest. November 1, 1786.

Chapter 74.

Phr/n 74- RES0LVE 0N THE PETITION OF JESSE JOHXSOy, IN BEHALF
KjllUp. 4* QF LIEUTENANT WILLIAM CAMPBELL, AND THE MEN BORNE
ON HIS ROLL, DIRECTING PAYMENT OF SAID ROLL.

On the Petition of Jesse Johnson, in behalf of Lt.
William Campbell, of Chester, in the County of Hamp-
shire, and the men Bourn on his Pay Roll, Praying for
Pay for their Service in Support of Government, at North-
ampton in Said County, in the month of June, A. D.
1782:

Resolved, that agreeable to Said Pay Roll, there be
Paid out of the Publick Treasury of this Common Wealth,
to the said Lt. William Campbell, and the men Bourn
on his Pay Roll Respectively, the Sum set against Each
of their names, amounting in the Whole, to the Sum of
Twenty five Pounds, thirteen Shillings and Eight Pence, —
any Law or Resolve to the Contrary Notwithstanding.

November 2, 1786.

Chapter 75.

Chav 75 RESOLVE ON THE PETITION OF SAMUEL goddard.

On the Petition of Samuel Goddard, of Royalstown,
Praying that he may be impowered to Release or Quit-
claim, part of a certain Farm in Oxford, in behalf of his
children, under age, for reasons set forth in his Petition :

Resolved that the said Samuel be, and he is hereby
Authorized and impowered, to Release and Quitclaim to
John Nichols, of Oxford, and to his Heirs and Assigns,
all such Right in said Farm, as might belong to Henry,
Samuel, Elizabeth, Asahel, Salmon and James. Minor
children of the said Samuel: Provided the s? Nichols pay
and Satisfy the Heirs of Jonathan Simpson, their full
demands, for which purpose said Farm was intended, and
was made over as Security ; and that such Release or
Quitclaim, be deemed good to the said Nichols, as tho
the said children made and signed the same, after being
arrived to lawful age. November 3, 1786.

1786. — September Session. 381

Chap. 76

Chapter 76.

RESOLVE ON PETITION OF JONATHAN NUTTING.

On the Petition of Jonathan Nutting, praying, That he
may be allowed to review an Action, wherein Robert
Gardner, obtained Judgment against him, for reasons set
forth in said petition :

Resolved, That y? prayer of said Jonathan Nutting's
Petition be granted, and that he be allowed to enter, and
prosecute his said Review at y? Supreme Judicial Court,
to be holden at Boston, the third Tuesday of February
next, and that y- same Court proceed thereon, as tho there
had been no mistake, neglect, or breach of Agreement :
Provided, the said Nutting, shall notify said Gardner, by
serving him with an attested Copy of this Resolve, four-
teen Days before ye- said third Tuesday in February, any
Law, Usage, or Custom to yf- contrary notwithstanding,
and that the Execution be staid in the mean time.

November 4, 1786.

Chapter 77.* Chap. 77

[September Session, ch. 77, 1786.]

Chapter 78.* Chap 7g

[September Session, ch. 78, 1786.]

Chapter 79.* Chap, 79

[September Session, ch. 79, 1786.]

Chapter 80.

RESOLVE ESTABLISHING THE PAY OF THE GENERAL COURT. (JhaD 80

Resolved that there be paid out of the treasury of this
Common Wealth, the sum of eight shillings, to each mem-
ber of the Honourable Council, — and the sum of seven
shillings and sixpence, 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
respectively attended the Council or the General Court
the present session, also the further sum of one day's pay

* Governor's message, see end of volume.

382 1786. — September Session.

for every ten miles distance, each member lives from this
place.

And it is further Resolved, that there be granted, and
paid out of the publick treasury of this Commonwealth, to
the Honourable Samuel Phillips, jun. Esqr : President of
the Senate, the sum of six shillings per day, and to the
Hon. Artemas Ward, Esqr ; Speaker of the house of the
Representatives, the sum of six shillings per day, for each
day's attendance on the General Court at their present
sitting, over and above their respective pay, as members
thereof. November 7, 1786.

Chapter 81.

(J]l(ir>. 81 RES0LVE DISCHARGING AGENTS APPOINTED TO ASCERTAIN
1 ' THE VALUE OF SHEEP'S WOOL, SOLE-LEATHER, &c. TO

DETERMINE THE VALUE OF CERTAIN NOTES.

Whereas it is altogether unnecessary, that the Commit-
tee, or Agents, appointed for collecting and ascertaining
the value of the several articles specified in the Notes
issued for the pay of the late Continental Army, com-
monly called depreciation Notes, he any longer continued
in Office :

Therefore Resolved that they be, and hereby are dis-
charged from acting in said Office, from and after the first
day of December next. November 7, 1786.

Chap. 82 Chapter 82.*

[September Session, eh. 82, 1786.]

Chap. 83

Chapter 83.

RESOLVE GRANTING A BOUNTY ON HEMP RAISED IN THIS COM-
MONWEALTH, AND LAYING AN IMPOST DUTY ON ALL IM-
PORTED HEMP.

Resolved, that there be granted and paid out of the
publick Treasury of this Commonwealth, a Bounty of six
/Shillings per Hundred, for every gross Hundred Weight
of good merchantable Hemp, that shall be raised and man-
ufactured, or sold for the purpose of being manufactured
within this Commonwealth, by any Citizen of the same,

* Governor's message, see end of volume.

1786. — September Session. 383

from the first Day of January, A. D. 1787, to the first
Day of January, A. D. 1790.

Provided ahvays, that no person shall be intitled to
receive the Bounty aforesaid, until he shall have produced
to the Treasurer of this Commonwealth, a Certificate,
under the Hands of the Selectmen of the Town, in which
the said Hemp was raised, or the major part of them, that
the same was bona fide raised and dressed by the Person
named in their Certificate aforesaid, or by some Person or
Persons, acting for and under him, after the month of
January, 1787. And also another certificate from the
Surveyor of Hemp, in the Town where the same was sold
or manufactured, or from some Ropemaker of good Credit
and Reputation, where no such Surveyor of Hemp is ap-
pointed, that the Hemp, on which he claims the Bounty,
was of a good merchantable Quality. And it is further

Resolved, that an Impost Duty of one per centum, be
laid on all foreign Hemp, that shall be imported into this
Commonwealth, from and after the said first Day of Jan-
uary, A. D. 1787, which Impost, or such part of it as
may be necessary, shall be appropriated to the Purpose
of paying the Bounties on Hemp, raised and dressed
within this commonwealth, agreeably to the foregoing
Resolve. November 8, 1786.

Chapter 84.* QhajJ. 84

[September Session, ch. 84, 1786.]

Chapter 85.|

ORDER DIRECTING THE SECRETARY TO FURNISH THE COMMIT- f<7m7) g5
TEE ON ACCOUNTS, WITH SUCH LISTS OR ROLLS AS MAY BE "'

REPORTED BY THEM, AND ALLOWED BY THE GOVERNOR, &c.

Ordered, that the Secretary be, and he is hereby directed,
when the Governor shall have signed a resolve for the
payment of any roll or list, reported by the Committee on
accounts, to transmit to said Committee, an attested copy
of such roll or list, who are hereby directed, to record the
same in the said Committee's books. November 9, 1786.

* Governor's message, see end of volume.
t Taken from court record.

384 1786. — September Session.

Chapter 80.
Chav 86 kesolve GIVING day to all actions which were to have

1 ' BEEN TRIED ON THE LAST TUESDAY OF AUGUST LAST, BY

THE COURT OF COMMON PLEAS, &c. AT NORTHAMPTON, AND
FOR ADJOURNING SAID COURTS TO THE FOURTH TUESDAY OF
DECEMBER NEXT.

Whereas divers actions commenced in the County of
Hampshire, and returnable at the Court of Common Pleas,
holden at Northampton, on the last Tuesday of August
last, by reason of the Commotions in the said County,
were not entered in the same Court :

Therefore resolved, that all Writs and processes, which
were made returnable, and all Appeals made to the s1-1 Court
of Common Pleas, in August aforesaid, may be entered at
the Court of Common Pleas, which shall next be holden
in said County ; and the Justices of the same Court, are
hereby authorized to proceed upon, and render Judgment
on such actions and appeals, which shall be of the same
Validity, and have the same Effect, as if such Actions or
Appeals had been entered at the said Term in August:
and all Recognizances taken in the Court of General Sessions
of the Peace in said County, on the third Tuesday of May
last, or which were returnable to the same Court, on the
s? last Tuesday of August, shall be proceeded upon at the
next Court of General Sessions of the Peace, which shall
be holden in the same County, as they might have been on
the said last Tuesday of August, if no Interruption to the
said Court had then taken Place.

And be it further resolved, that the Justices of the Court
of General Sessions of the Peace, for the said County,
at the Term of the said Court, to be holden at North-
ampton, on the second Tuesday of February next, be,
and they hereby are authorized and impowered, to grant
Licences to Innkeepers and Retailers of spirituous liquors,
in the same Manner as by Law they were authorized to
grant such Licences, on the last Tuesday of August last,
any Law to the contrary notwithstanding.

And whereas the present Session of the General Court,
may be so far protracted, as to render it expedient to ad-
journ the Courts of Common Pleas and General Sessions
of the Peace, for the County of Hampsliire, by Law to be
holden at Springfield, in and for said County, on the
second Tuesday of 'November instant :

1786. — September Session. 385

Resolved, that the said Courts of Common Pleas and
General Sessions of the Peace be, and the same are hereby
adjourned, to the fourth Tuesday of December next, then
to be holden at Springfield aforesaid ; And all Writs,
Processes and Recognizances, which are or may be return-
able to the said Court of Common Pleas, or Court of Gen-
eral Sessions of the Peace, and all actions and processes,
continued, or triable in said Courts, shall be returnable to,
have Day, and be triable on said fourth Tuesday of De-
cember, in like Manner, as they might or could have been,
if the same Courts had been holden on the second Tues-
day of November aforesaid.

And all parties concerned, are to take Notice hereof.

November 9, 1786.

Chapter 87.

LETTER OF INSTRUCTION TO THE DELEGATES AT CONGRESS, (Jha7) g7
RESPECTING JAMES BOYD, TO BE SIGNED AND FORWARDED Kj,lUjP'
BY THE GOVERNOR.

On the petition of James Boyd, esqr ; — a Letter of
instruction to the Delegates of this Commonwealth at
Congress :

IT having been represented to this Court by James
Boyd, esq1:, now resident in Boston, that he obtained from
the British Government in the year 1767, a grant of Fifty
thousand acres of land, lying on the banks of the River
Schoodick ; and that the said Boyd went on, and possessed
the said lands, introducing at his own charge, a large
number of families, and that he was at great expence for
Cattle and farming Utensils of all sorts, as well as in the
erecting of necessary Mills and Water Works ; but in the
beginning of the late War, between Great Britain and
these States, he took such an active and decided part in
favour of the latter, that he soon became very obnoxious to
the resentment of the British, and was obliged to leave
all his property and possessions, and flee to the protection
of the United States ; that he has resided in Boston, until
the present time, in hopes that his aforementioned lands,
would fall within the bounds of this State, and that he
should be reinstated in them : that the whole of his lands
are on the western side of that River, which we suppose
to be the St. Croix, mentioned in the Treaty, and the
boundary line between Nova Scotia, and these States ;

386 1786. — September Session.

but that as the British Subjects are at present in the pos-
session of those lands, the said Boyd is unjustly prevented
from returning there to occupy and improve them. As
we esteem him to have been a good friend to this Country,
and still to remain such, — and one who is at present de-
prived of the possession of a large interest, in consequence
of his attachment to it, — We instruct you to recommend
him to the attention and favour of Congress, and to move
that Honb-le Body, to afford him such relief as they may
think proper.

Read and Ordered, that the aforegoing Letter be trans-
mitted, and that his Excellency the Governor, be requested
to sign and transmit the same to the Delegates from this
Commonwealth in Congress. November 10, 1786.

Chapter 88.

CliaV 88 RES0LVE 0N THE PETITION OF THE TOWN OF NORTHF1ELD,
*■ ' DIRECTING THE TREASURER TO CREDIT SAID TOWN, FIVE

HUNDRED AND SEVENTEEN POUNDS, FIFTEEN SHILLINGS
AND NINE PENCE, IN BACK TAXES, AND FOR ASSESSING
THE SUM OF THREE HUNDRED AND FORTY TWO POUNDS,
SIX SHILLINGS, ON THE COUNTY OF HAMPSHIRE.

Whereas it appears by the Valuation books and returns,
made by the Town of Northfield, that there was a mistake
in the Valuation settled in 1779, by means whereof, the
said Town of Northfield, was charged with eight shillings
and four pence, on the thousand pounds, more than it
ought to have been, in consequence of which the said Town
was assessed in the several taxes, granted on the Valua-
tion of 1779, the sum of one hundred and ninety two
pounds, six shillings, more than its just proportion ; six-
teen pounds sixteen shillings and three pence, of which sum,
the Town have received.

And whereas it further appears, that in settling the
valuation of 1782, the members of the County of Hamp-
shire, made an addition of six shillings and seven pence,
to the sum charged to Town of Northfield, by the Com-
mittee on Valuation, In consequence of which the said
Town of Northfield, has been assessed in the several
taxes Granted and Proportioned by the last mentioned
Valuation, the sum of three hundred and forty two pounds,
six shillings, more than its proportion.

Resolved, that the Treasurer of this Commonwealth be,

1786. — September Session. 387

and he is hereby Directed, to Credit the Town of North-
field, the sum of five hundred and seventeen pounds, fif-
teen shillings and nine pence, on the back taxes. — And
there be assessed, on the several Towns in the County of
Hampshire, in the next State tax, three hundred and forty
two pounds six shillings, of the above sum, in proportion
as they stand on the Valuation. November 10, 1786.

Chapter 89.* Chap. 89

[September Session, ch. 89, 1786.]

Chapter 90.

RESOLVE GRANTING THE GOVERNOR AND COUNCIL, TWO HUN- Ckai). 90
DRED POUNDS, TO CARRY THE MINT ACT INTO EXECUTION, 1 *

AND DIRECTING ALL PERSONS WHO HAVE COPPER IN THEIR
POSSESSION, BELONGING TO THIS COMMONWEALTH, TO DE-
LIVER IT TO THE COMMISSARY GENERAL.

Resolved, That the Governor, with advice of Council,
be, and he is hereby empowered, to draw a Warrant on
the Treasurer of this Commonwealth, for the Sum of Two
Hundred Pounds, to be applied to the carrying into Ex-
ecution, an Act for establishing a Mint for the Coinage of
Gold, Silver and Copper, passed the present Session.

Resolved, That all Persons having in their Possession,
any Copper belonging to this Commonwealth, Be, and
they are hereby directed, to deliver the same to the Com-
missary General, who is hereby directed to deliver, to the
order of such Person or Persons as may be appointed by
the Governor, with Advice of Council, Inspector or In-
spectors of the Mint, such Copper as he may receive as
aforesaid, together with what he may now have on hand,
and is useful for Coinage, taking duplicate Receipts there-
for, one of which shall be lodged with the Secretary.

November 11, 1786.

Chapter 91.

RESOLVE ON THE PETITION OF WILLIAM BODMAN, IN BEHALF (Jhar) Q1
OF THE TOWN OF WILLIAMSBURGH. -* '

On the Petition of William Bodman, in behalf of the
town of Williamsburgh, Setting forth, that in the year
1780, the General Court Passed a resolve, by which the

* Governor's message, see end of volume.

388 1786. — September Session.

said town was abated, and ought to have been credited,
the Sum of Six Hunched Pounds, Paper money, — and
that the town have not received any Benefit therefrom :

Resolved, that the Treasurer be, and he hereby is Di-
rected, to Credit the Town of Williamsburg afores-, out
of any tax laid on the Said town, prior to the last tax, the
Sum of fifteen Pounds in specie, that Sum being Equal to
the afores1? Sum of Six Hundred Pounds, and is in full
consideration therefor. November 11, 1786.

Chapter 92.

CkaV 92 RES0LVE 0N THE PETITION OF THE TOWN OF BELFAST, DIS-
P' CHARGING THEM FROM CERTAIN TAXES.

On the Petition of the Inhabitants of the Town of Bel-
fast, shewing that in the late War, they were obliged from
their exposed Situation to the Enemy, to desert their Pos-
sessions, and suffered great Loss in their Interest, whereby
they are rendered unable to pay the public Taxes, assessed
on them, and praying for a Remission of the said Taxes :

Resolved, That the Prayer of the said Petition be so far
granted, That the said Town of Belfast be, and it is
hereby discharged of all the public Taxes, assessed on the
said Town, except the Tax issued in March last; and the
Treasurer of this Commonwealth is directed to govern
himself accordingly. November 11, 1786.

Chap. 93

Chapter 93.

RESOLVE ON PETITIONS OF THE PLANTATIONS OF HANCOCK
AND CANAAN.

On the Petitions of the Plantations of Hancock and
Canaan, setting forth their great poverty and inability
for the payment of public Taxes, and praying for an
abatement of the Taxes assessed on them by the Town
of Winsloio:

Resolved, that the Plantations of Hancock and Canaan,
be, and they hereby are discharged from paying to the
Town of Winsloiv the several taxes assessed on them by the
said Town ; and that the Treasurer of the Commonwealth
be, and hereby is directed to credit the said Town of
Winslow accordingly.

Resolved, that the Plantations of Hancock and Canaan,

1786. — September Session. 389

be, and they hereby are authorized and required, to assess
on the inhabitants of the said Plantations, the sums of
money assessed on them by the Town of Winsloiv, and
to collect the same ; and that the sums of money so as-
sessed and collected, be severally applied to the making
and repairing roads and Bridges in the said Plantation.

And be it further Resolved, That in case the foregoing
resolution be not carried into effect, and a Certificate
thereof, produced and given in to the Treasurer of the
Commonwealth, on or before the first day of November
next, then, and in that case, the monies aforesaid, or such
parts of them, as shall not be applied to the purposes
aforesaid, shall be paid into the Treasury of this Com-
monwealth. November 11, 1786.

Chapter 94.* Chap. 94

[September Session, ch. 94, 1786.]

Chapter 95. f Chap. 95

[September Session, ch. 95, 1786.]

Chapter 96.f Chap. 96

[September Session, ch. 96, 1786.]

Chapter 97.

RESOLVE AUTHORIZING COURTS OF COMMON PLEAS AND COURTS ChOD 97
OF SESSIONS, NEXT TO BE HOLDEN IN THE COUNTY OF MID- ■*■ '

DLESEX, TO TAKE COGNIZANCE OF ALL ACTIONS, &c. WHICH
SHOULD HAVE BEEN DETERMINED UPON IN SEPTEMBER
LAST.

Whereas the Court of General Sessions of the Peace,
and Court of Common Pleas in the County of Middlesex,
Which should have Been holden at Concord, for and
within the said County, on the Second Tuesday of Sept
Last, was prevented setting and Transacting the Business
of the S? Courts : Therefore,

Resolved, that all Writs and Processes, Which were
returnable, and all appeals made, and all actions continued
to the said Court of Common Pleas, in Sept Last, May be
Entered, and have day at the Court of Common Pleas

* Governor's message, see end of volume. Taken from court record,
t Governor's message, see end of volume.

390 1786. — September Session.

which shall next be hoi den in the Same County ; and the
Justices of the same Court are hereby Authorized to
Proceed upon, and render Judgment on all Such actions
and appeals ; Which shall be of the Same Validity, and
have the same Effect, as if such actions or appeals had
been Entered at the aforesaid term in Sept Last ; And all
Recognizances returnable in the Court of General Sessions
of the Peace in the same County, on the aforesaid second
Tuesday of Sept Last, shall be proceeded upon at the
next Court of General Sessions of the Peace, which shall
be holden in the Same County, in the same manner as
they might have Been on the said Second Tuesday of
Sept, if no interruption to the said Court had taken place.
And ' be it Further Resolved, that the Justices of
the Court General Sessions of the Peace for the Said
County, at their next session, to be holden at Cambridge,
on the Last Tuesday of JVbvr instant, be, and they hereby
are Authorized and empowered to Grant Licences to inn
keepers and retailers of Spirituous Liquors, in the same
Manner, as by Law they were authorized to Grant Such
Licences on the Said Second Tuesday of Sept Last, any
Law to the Contrary Notwithstanding.

November 14, 1786.

Chapter 98.*

Chap. 98 RES0LVE AUTHORIZING THE SUPREME JUDICIAL COURT, TO SET
1 ' AT LENOX IN MAT NEXT, TO TAKE COGNIZANCE OF ALL

ACTIONS, &c. WHICH SHOULD HAVE BEEN DETERMINED UPON
BY THE SAID COURT, IN OCTOBER LAST.

Whereas at the time for holding the Supreme Judicial
Court at Great Barrington, within and for the County of
Berkshire, on the first Tuesday of October last, the Justices
of the said Court, by reason of the commotions, tumults
and disorders in the said County, were prevented from
holding the said Courts at the said time and place, within
and for the said County :

Therefore, Resolved, that the said Supreme Judicial
Court, be held at Lenox, within and for the said County
of Berkshire, on the first Tuesday of May next, then and
there to transact, and do all the business, and to hear and
determine all the several causes, complaints and other
matters and things which would regularly have come

* Taken from court record.

1786. — September Session. 391

before the said Court, had it been held on the first Tues-
day of October last, as aforesaid ; and likewise all the sev-
eral causes, complaints, recognizances and other matters
and things, which may regularly be brought before the
said Court, that have arisen or may arise in the said
County, from the said first Tuesday of October last, until
the holding of the said Court, on the first Tuesday of May,
as aforesaid, and that all appeals, writs, recognizances,
warrants, complaints and other causes, which were to have
been returned, received, considered and proceeded upon
by the said Court at their term in October last, as above-
said, shall be returned, received, considered and proceeded
upon, heard and determined, in like manner as the same
might and ought to have been returned, received, consid-
ered, proceeded upon, heard and determined before the
said Court, if the same Court had been held in the
said County, on the first Tuesday of October last, any law
to the contrary notwithstanding. November 10, 1786.

Chapter 99.

RESOLVE FOR ADJOURNING COURTS OF COMMON PLEAS FOR (JJia'D 99
THE COUNTY OF BERKSHIRE, TO FEBRUARY NEXT. ■*■ '

Whereas at the time for holding the Courts of Common
pleas, and General Sessions of the Peace, at Great Bar-
ring ton, in the County of Berkshire, on the second Tues-
day of September last past, the Justices of the same Courts,
for special reasons, did not proceed to transact the usual
business, but having opened the same Courts, and con-
tinued all the Actions, complaints, Matters and things
therein depending, adjourned without day : And whereas
it is expedient that the next Courts of Common Pleas,
and General Sessions of the Peace for the said County
should be adjourned :

Therefore ; Resolved, That the Courts of Common Pleas,
and General Sessions of the peace, by Law to be holden
at Great Barrington, within and for the said County of
Berkshire, on the third Tuesday of JVbvemr current, be,
and the same are hereby adjourned to the first Tuesday of
February next, to be holden at Lenox, within and for the
said County, and that all Writs, recognizances, Warrants
and other processes issued, taken and depending in the
said Courts, or either of them, or which were to have been
returned and proceeded upon, and all matters and things

392 1786. — September Session.

which might be heard and determined by the said Courts,
either at their session in September or November as afore-
said, shall be returned and proceeded upon, heard and
determined by the said Courts, at the time appointed by
this Resolve, for the holding the said Courts, in like man-
ner as the same respectively might and ought to have been
returned and proceeded upon, heard and determined, by
the said Courts, which were held on the said second Tues-
day of September, and adjourned in manner aforesaid, or
which by Law might and ought to be held on the said
third Tuesday of November, if the same Courts were not
adjourned by this Resolve, any Law to the contrary not-
withstanding. November 14, 1786.

Chapter 100.

Char> 100 Resolve extending the time for receiving loan office

"*' CERTIFICATES FOR INTEREST IN PAYMENT OF ONE THIRD

OF THE TAX LAST ISSUED.

Whereas it was provided in the Tax Act, passed the
twenty third of March last, that one third part of the said
Tax might be paid in Certificates issued from the loan
Office, for the Interest of the liquidated Debt of the United
States ; provided that the same were paid with a Sum in
Specie equal to One half of such Certificates, on or before
the first Day of January next : And Whereas the Delay
in furnishing the Loan Officer of this Commonwealth, with
Certificates, will render it inconvenient to many of the
Citizens thereof to pay that part of said Tax within the
time aforesaid :

Resolved, that the Collectors of the said Tax, in the
several Towns, Districts and Plantations in this Common-
wealth, be, and they are hereby authorized and directed,
to receive One third part of said Tax in Certificates, issued
from the Loan Office for Interest on the liquidated Debt
of the United States ; provided they are paid with a Sum
in Specie equal to one half of such Certificates, on or
before the first Day of April next, any thing in said Act
to the Contrary notwithstanding. November 15, 1786.

Chapter 101.

Chail 101 RESOLVE PROVIDING FOR THE PAYMENT OF THE MEMBERS
^ " OF THE GENERAL COURT.

Resolved, that the Treasurer be, and he is hereby
directed to pay the Members of the Hoiv^ Council and the

1786. — September Session. 393

Members of the General Court, for their Travel and
Attendance the present Session, out of the Specie part of
the Tax granted in March, 1786, and appropriated for the
Support of Government, or out of any back taxes that
are to be paid in Specific Articles, as they shall Choose.

November 15, 1786.

Chapter 102.

RESOLVE DIRECTING THE COMMANDER OF THE CASTLE TO C7l(l7?.102
MAKE A RETURN TO THE G0VERN0UR OF UNSERVICEABLE "* *

CANNON; THE COMMISSARY GENERAL TO SELL THE SAME,
AND PURCHASE IRON FOR THE NEW GOAL ON SAID ISLAND.

On the memorial of Richard Devens, Esq ; Commissary
General :

Resolved, That the Captain of the Castle, on Castle
Island, be, and he is hereby directed, to make a Return
of such Iron Cannon, on the said Island, or in the neigh-
bourhood, as is unfit for Service, to the Governour ; and
the said Commissary General, is hereby authorized and
directed to make Sale of such iron cannon, as shall be so
returned as unfit for service, and to purchase Iron, for the
Goal, &c, now building on the said Island, he to be
accountable. November 15, 1786.

Chapter 103.* Chap.103

[September^Session, ch. 103, 1786.]

Chapter 104.

RESOLVE ADJOURNING PLYMOUTH COURTS, TO THE 2d TUESDAY QJiaiD 104
IN JANUARY NEXT. "'

Whereas a Court of Gen! Sessions of the peace, and a
Court of Common Pleas, are by law to be holden at Ply-
mouth, within and for the County of Plymouth, on the
second Tuesday of December next : And whereas the
fourtenth Day of the said December, is appointed for a
Day of public thanksgiving, which renders it inconvenient
that the said Courts, should be holden at the time ap-
pointed by law : therefore

Resolved, that the Court of Genl Sessions of the peace,
and Court of Common Pleas, which by law should be
holden at Plymouth, within and for the County of Plym-

* Governor's message, see end of volume.

394 1786. — September Session.

outh, on the second Tuesday of December next, be, and
they are hereby adjourned to the second Tuesday of Jan-
uary next, then to be holden at Plymouth, within and for
the County aforesaid : and all writs, processes and recog-
nizances, returnable to, and all appeals made to the said
Court of Gen! Sessions of the Peace, and Court of Com-
mon Pleas, appointed by law to be holden at Plymouth,
as aforesaid, and all matters, causes and things, that
might have had day, or that might have been had, moved
or done, at, in, or by the said Courts at the time by law
appointed for holding the same, shall be returnable to,
and may be entered, prosecuted, had, moved and done,
at, in and by the said Courts, at the time hereb}^ appointed
for holding the same, any law to the contrary notwith-
standing, — and the Secretary is hereby directed, to pub-
lish this Resolve in the two Boston Newspapers, which
shall be printed next after passing the same.

November 16, 1786.

Chap.105

Chaji.lOG

Chapter 105.

RESOLVE DIRECTING THE TREASURER TO BORROW SEJ'E^TY
TWO POUNDS, FOR THE AGENTS APPOINTED FOR SETTLING
THE CONTROVERSY BETWEEN THIS STATE AND NEW YORK,
RELATIVE TO THE WESTERN TERRITORY.

On the representation of James Sullivan and Theop1.
Parsons, Esq'rs. two of our Agents for settling the con-
troversy between this State and New York, relative to
the Western territory :

Resolved, that the Treasurer be impowered and di-
rected, to borrow the sum of Seventy two pounds, to be
repaid out of the money, which may come into the Treas-
ury from that part of the Tax, granted in March last, which
is appropriated for the use of Government ; And pay the
same unto the two Agents abovenamed, for the purposes
aforesaid, they to be accountable therefor.

November 16, 1 786.

Chapter 106.

REPORT OF THE COMMITTEE RESPECTING THE DIVIDING THE
COUNTY OF LINCOLN, INTO THREE DISTRICTS, &c. AND AN
ORDER DIRECTING THE SECRETARY TO TRANSMIT A COPY
TO EACH TOWN AND PLANTATION IN THE SAID COUNTY, THAT
THEY MAY SHEW CAUSE, &c.

The Committee of both Houses, on the Governor's Mes-
sage of the 4th Inst, accompanied with a Report of the

1786. — September Session. 395

Commissioners, appointed the 6th of July last, to treat
with the Penobscot Tribe of Indians, and for certain other
matters respecting the county of Lincoln, beg Leave fur-
ther to report, —

That in the Opinion of your Committee, it will be
expedient, That the present County of Lincoln be hereafter
formed into Three distinct Counties, and that the dividing
Lines of the said Counties, be now established, as the
Establishment of those Lines would much facilitate the
laying out of Townships, so as to prevent many Incon-
veniences in future, that might otherwise arise — and until
those Counties be incorporated, that the present County
of Lincoln, remain in all other Respects as at present, —
and that the dividing Lines of the intended Counties, be
as follows, Viz. The first County to be bounded on the one
Side by the county of Cumberland, and the dividing Line
between the said First County and the Second, to begin .
on the Atlantic Ocean at the West Bounds of the Town
of Thoinaston, thence running Northerly by the West
Line of said Town, to the Southeasterly Corner of the
Town of Warren to the Town of Union, then by the East
Line of the last mentioned Town, to the Northeast Corner
of the same, then North Seven Degrees East, to the North
Line of Waldo's Patent, so called, then North to the High
Lands. The dividing Line between the Second or Mid-
dle County, and the Third, to begin on the Atlantic Ocean,
and extend Northerly with the Western Bounds of Golds-
borough to Township Number Tivo, thence with the South
Line of that Township to the Eastern Bounds thereof, —
then with the said eastern Bounds, as far as the Town
extends — then on the same Course, North, to the High
Lands. The Third or Eastward County, to comprehend
all the Lands within this Commonwealth, to the Eastward
of the Line last described. — And that the Shire Towns
of the said Counties, when incorporated agreable to the
above Division, be as follows, Viz. The Shire Town of
the First County, to be at Pownalborough ; The Shire
Town of the Second, or Middle County, to be at Number
Three, on Penobscot River, And the Shire Town of the
Eastern County, to be at Machias.

Your Committee are farther of Opinion, that it will be
expedient, that a Road should be opened from Penobscot
River, to the Bay of Passamaquoddy near the mouth of
Schooduch, agreable to the Report of the Commissioners

396 1786. — September Session.

aforementioned ; and that Provision be made for that Pur-
pose, at the next Sitting of the General Court.

It appears by the Report of the said Commissioners,
that some of the Plantations in the said County of Lin-
coln, complain that by reason of the Laws not being for-
warded to them, they are ignorant of the Mode of assess-
ing the late Tax ; to remove this, and prevent a similar
Complaint in future, your Committee apprehend that it is
necessary, that the Treasurer be directed to furnish such
deficient Plantations, with the Tax Acts referred to, and
that the Printers be directed to furnish the several Planta-
tions in this Commonwealth, with the Laws and Resolves,
that shall from Time to Time be passed.

Your Committee having considered the several Matters
contained in his Excellency's Message, with the Papers
accompanying it, except what relates to certain irregular
Marriages mentioned by the said Commissioners, it is
their opinion that this be referred to future consideration,
and ask leave to be discharged.

Cotton Tufts, per order.

Read and accepted, and Ordered, that the Secretary
transmit to the several Towns and Plantations in the
County of Lincoln, a Copy of such part of this report, as
respects a division of that County, that they may appear
on the third Wednesday of the next sitting of the General
Court, to shew cause, if any they have, why the County
of Lincoln, shall not be divided into three seperate
Counties, in the manner therein proposed.

November 16, 1786.

Chapter 107.

Chap.107 RESOLVE GRANTING forty pounds, to the clerk of the

" SENATE AND HOUSE.

Resolved, That there be paid out of the public Treasury,
to Mr. George Richards Minot, Clerk of the House of
Representatives, and to Mr. Samuel Cooper, Clerk of the
Honorable Senate, forty pounds each, on Account of their
services the present year. November 16, 1786.

Chapter 108.

Chart 108 RES0LVE granting two hundred pounds to Robert and

\j WJ_ . O ALEXANDER BARR, TO ENABLE THEM TO COMPLEAT CER-
TAIN MACHINES, &c.

Resolved, that there be granted and paid out of the
publick Treasury of this Commonwealth, to the said

1786. — September Session. 397

Robert and Alexander Barr, the Sum of two hundred
pounds, to enable them to compleat the said three Ma-
chines, and also a roping Machine, and to construct such
other Machines, (connected with those already exhibited)
as are necessary for the purpose of carding, roping and
spinning of Sheep's Wool, as well as of Cotton wool;
they to be accountable for the Expenditure of the same,
and to lay their Accounts of the whole Expence of those
several Machines, before the General Court, for allowance.

And it is also Resolved, that all those Machines before-
mentioned, when finished, shall be delivered by the said
Robert and Alexander Barr, to a Committee of the Gen-
eral Court, to be hereafter appointed ; to be disposed of,
as the Legislature shall think meet, for the purpose of
promoting, extending and encouraging the Manufacture
of Woolens and Cottons within this Commonwealth.

And it is further Resolved, that a Gratuity, such as the
General Court may hereafter agree upon, (when a full
Tryal shall have been made of the Utility, and publick
Advantage of those Machines) shall be given to the said
Robert and Alexander Barr, as a Reward of their Inge-
nuity, and as an Inducement to other ingenious Artists
and Manufacturers to bring their arts also into this Com-
monwealth. November 16,1786.

Chapter 109.

RESOLVE DIRECTING THE TREASURER, IN WHAT MANNER TO sii -i r\Q

PROCEED IN DRAWING ORDERS ON COLLECTORS AND CON- C /&«/?. ±U J
STABLES.

Whereas it appears that the drawing of Orders on the
Collectors of Taxes, promiscuously, has tended to depre-
ciate those Orders :

It is therefore, Resolved, that in all orders hereafter to
be drawn, in Anticipation of that part of the Tax granted
in March 1786, which is appropriated for the Support of
Government, and for the Payment of the Interest on the
Consolidated Notes of this State, the Treasurer be, and
he is hereby directed to draw on particular Collectors or
Constables, and that Orders shall not be credited to any
other Collectors or Constables, than those on whom they
were drawn. November 16, 1786.

398 1786. — September Session.

Chapter 110.

(Jhap.llO RESOLVE FOR EXPEDITING THE SALE OF PUBLIC LANDS AT

1 ' THE EASTWARD, AND ADDING LEONARD JARVIS AND RUFUS

PUTNAM, ESQUIRES, TO THE COMMITTEE, AND DIRECTING

NO TAXES TO BE ASSESSED ON SAID LANDS FOR TEN YEARS.

Whereas it is for the interest of this Commonwealth,
that the Sales and Settlements of the unappropriated
Lands, in the Eastern Counties, should be forwarded with
the greatest expedition :

And whereas the Committee, appointed by a Resolve
of the 28th of October 1783, on the Subject of unappro-
priated Lands, have represented to this Court, that an
addition to the said Committee, may tend to facilitate the
said Sales and Settlements :

Resolved, that Leonard Jarvis, and Rufus Putnam,
Esqrs, be, and they are hereby added to the said Com-
mittee ; any two of whom, by consent of the majority,
are hereby empowered to transact and compleat any busi-
ness that is or may be assigned to the Committee, by
Virtue of the aforementioned, or other Resolves.

It is further Resolved, that no taxes for the use of this
Commonwealth, or of the United States, shall be assessed
on any of the said lands, which may be sold by the said
Committee, after the passing of this Resolve, until ten
years shall be compleated from the date of the deed.

November 16, 1786.

Chap.lll

Chapter 111.

RESOLVE ON THE PETITION OF JOSIAH BEMIS.

On the petition of Josiah Bemis, a Prisoner now under
Confinement in the common Goal of the County of Suffolk,
praying that he may be liberated from his Confinement in
the said Goal :

Resolved, that the Prayer of the Petitioner be so far
granted, as that the said Josiah Bemis, be liberated from
his Confinement in the Goal aforesaid, on the following
express Condition, that is to say, That he the said Bemis,
previous to his Liberation, enter into Recognizance with
two sufficient Sureties, before some Justice of the Peace,
in and for the County of Suffolk, in such a sum each, as
the said Justice shall judge reasonable : Conditioned, that

1786. — September Session. 399

if the said Josiah Bemis, shall be of Good behaviour
towards all the Subjects of this Commonwealth, for the
Term of seven years next after the Time of his said Lib-
eration, then the said Recognizance to be void ; otherwise
to abide in full Force and Virtue. And the Justice before
whom the Recognizance aforesaid, shall be acknowledged,
is hereby directed to return the same to the next Court of
General Sessions of the Peace, to be holden in and for the
County aforesaid, there to remain on the Files of the said
Court. November 17, 1786.

Chapter 112.

RESOLVE EMPOWERING THE SUPREME JUDICIAL COURT, TO /^J^^IIO
TAKE COGNIZANCE OF APPEALS FROM THE COURT OF COM- ^naP'11^
MON PLEAS, IN CERTAIN CASES.

Whereas by an Act of this Commonwealth, entitled,
" an Act for encouraging the manufacture of Loaf Sugar,
in this Commonwealth," made and passed on the thirtieth
day of November, in the year of our Lord, seventeen hun-
dred and eighty live, it is enacted, " That all forfeitures
and penalties incurred by this, or any other Act, for the
encouragement of the commerce, navigation and manufact-
ures of this Commonwealth, shall be recovered by libel,
complaint, action of debt or the case, before any Court of
Common Pleas, within the County where such seizure
shall be made, as the nature and circumstances of the case
shall require : " and whereas no appeals by the said law
are provided for, from such judgments of said Court of
Common Pleas, to the Supreme Judicial Court :

Resolved, that from all judgments which hereafter may
be made and passed by any Courts of Common Pleas,
within this Commonwealth, upon any libel, complaint,
action of debt or the case, instituted before them, pur-
suant to the statute aforesaid, for any forfeiture or penalty
incurred as aforesaid, an appeal may be had to the Supreme
Judicial Court, next to be holden in the County wherein
judgment before the Courts of Common Pleas may be had
as aforesaid.

And whereas appeals are now pending at the Su-
preme Judicial Court from Judgments made and passed
by Courts of Common Pleas, pursuant to the statute
aforesaid :

Resolved, that in such cases, the said Supreme Judicial

400 1786. — September Session.

Court are hereby authorized, irapowered and directed, to
take cognizance of, and sustain said appeals, and to pro-
ceed thereon to final judgment and execution, as in other
causes of which by law they now have cognizance by ap-
peal, any law to the contrary notwithstanding.

November 17, 1786.

Chap

Chapter 113.

[23 RESOLVE FOR RECEIVING SALT PETRE MANUFACTURED IN
THIS COMMONWEALTH IN PAYMENT OF TAXES.

Resolved, that good merchantable Saltpetre that shall
be manufactured in this Commonwealth, by any Inhab-
itant thereof, shall be received in payment of any of the
Specie taxes granted before the year 1784, at any of the
Stores, which by an Act passed the present Session are
ordered to be appointed and kept, for receiving specific
articles in payment for those taxes ; and two shillings and
four pence shall be allowed for every pound of such Salt-
petre so manufactured, a Certificate being produced from
the Selectmen of the Town, or the Committee of the Plan-
tation where such Salt Petre was manufactured, that the
same was manufactured therein. November 17, 1786.

Chapter 114.

Chart 114 resolve DIRECTING the TREASURER to BORROW MONEY TO

"' PAY THE MEMBERS OF THE GENERAL COURT.

Resolved, That the Treasurer of this Commonwealth be,
and he is hereby impowered and directed, to borrow a
sum not exceeding one thousand pounds, which he is
hereby directed to pay in Proportion to the Sums due to
the Members of the Honb!2 Councill, and of the General
Court, for their travel and attendance the present Session ;
an 1 the Treasurer aftbres- is further directed to repay the
Sum he may borrow (in pursuance of the foregoing
Resolve,) out of the Money arising from the Specie part
of the Tax granted in March last, for the use of Govern-
ment. November 17, 1786.

Chapter 115.

CI ~\~\*t RESOLVE ON THE PETITION OF THOMAS DENNIE.

On the petition of Thomas Dennie, sitting forth, that
he has met with misfortune in Trade whereby he is

1786. — September Session. 401

rendered unable to pay the whole of his just debts, and
his Creditors having granted him letter of Licence on his
delivering to them what property remained in his hand,
and generously accepted the same in full :

Resolved, That the Collector of Excise for the County
ot Essex, be, and he hereby is directed to receive of the
Petitioner, sixty Jive pounds, L. M. in Government Secu-
rities, in full of the Execution Si Collector has obtained
against him, he the said Dennie, paying the charge that
has arisen on S- suit. November 17, 1786.

Chapter 116.

RESOLVE ON THE PETITION OF PAUL THURSTON AND SILAS QJiaV 116

RICE. ■*■

On the petition of Paul Thurston and Silas Rice, pray-
ing for Liberty of reentering their actions at the Court of
Common Pleas in the County of Middlesex.

Resolved, That the petitioners notify Silas Hodges and
Amos Barrett, or their attorney, Jonathan Fay, to shew
cause, (if any they have) on the second Wednesday of
the next Sitting of the General Court, why the prayer of
the said petition should not be granted, by serving the
S- Silas and Amos, or their said Attorney, with an attested
Copy of their petition, and this order thereon, at least
fourteen Days before the sd second Wednesday of the
next setting of the General Court, And that the executions
of the s- Silas and Amos, so far as they have not been
levied or extended, in the mean time, be stayed.

November 17, 1786.

Chapter 117.

RESOLVE ON THE PETITION OF THE TOWN OF PEPPERRIL.

On the petition of the inhabitants of the town of Pep-
perril, in the County of midd!, Setting forth, That in the
year 1782, Said town Chose one Saml Gillson, Constable,
and Committed to him two assessments of Publick Taxes
to Collect, to the amount of £540=11=10 and that there
Still remains the sum of 270=5=11 which the Said Gill-
son has not paid into the Treasury of this Common Wealth,
for which Sum the Sheriff of Said County, by Execution
from Said Treasurer, apprehended the said Gillson, and

Chap.117

402 1786. — September Session.

committed him to Goal, where he still remains unable to
pay the Same ; that since the Commitment of s^ Gillson,
the Treasurer has issued his Summons to the town of
Pepperril, by the Sheriff, requiring them to pay the
afores^ Sum of two Hundred and Seventy pounds, Jive
Shillings and Eleven pence, or shew Cause, why an
Execution shall not be issued against the Assessors, for
the Same : and the said town requesting the aid of this
Court, to release them in the Premises : Therefore

Resolved, that there be allowed to the Town of Pepper-
ril, six months from the first Day of October, 1786, to
Collect and pay in the afores- Sum of two Hundred and
Seventy pounds, Jive Shillings and Eleven pence, either in
money or specific articles, agreeably to an Act of the
General Court, passed the present Session ; and the
Treasurer is hereby ordered, to Govern himself accordingly.

November 17, 1786.

Chapter 118.

Chan 118 RES0L^'E 0N THE petition of Walter m'farland, in behalf

P' OF THE TOWN OF HOPKINTON.

On the Petition of Walter JSPFarland, in behalf of the
Town of Hopkinton, praying that an Execution, now in
the hands of the Sheriff of the County of Middlesex, Issued
by the Treasurer of this Commonwealth, for a Sum of
money, which he finds to be due on Treasurer Gray's
books, for some Old Arrearages, may be Stayed, for reasons
Set forth in his petition :

Resolved, that the Sheriff of the County of Middlesex,
be, and he hereby is directed, to stay any further pro-
ceedings on the Execution issued by said Treasurer as
aforesaid, until the next sitting of the Geni Court.

November 17, 1786.

Chapter 119.

Chn<n 119 RESOLVE DIRECTING THE judge of probate for the county

^ OF WORCESTER, TO REVISE THE SETTLEMENT OF THE

ESTATE OF TIMOTHY RUGGLES, AN ABSENTEE.

On the Petition of Artemas How, Representing, that in
the Distribution of the Estate of Timothy Ruggles, Esq ;
Late of Hardwick, an Absentee, Some of the Creditors
Received the whole of their Claims on the Said Estate,

1786. — September Session. 403

when it since appears, the Said Estate is Insolvent : There-
fore

Resolved, that the Judge of probate for the County of
Worcester, be, and he is hereby Authorized and Directed,
to revise the Settlement and Distribution of the Said
Estate, and make the true Average, and to Demand of all
Creditors, who have received more than their Due pro-
portion of the Said Estate, the Surplus So received ; and
Order Distribution Agreeably to the Law in that Case
made and provided. November 17, 1786.

Chapter 120.

RESOLVE ON THE REPRESENTATION OF THE HON. NATHAN Q}ia^ 120
DANE, ESQ; — AS ONE OF THE COMMITTEE, ON THE SALE •* *

OF LANDS IN THE COUNTY OF LINCOLN.

The Committee of both Houses, to whom was committed
the Memorial of the Hon! Mr. Dane, and the Account
accompanying the Same, have attended that Service, and
take leave to report : —

That the Accounts of Mr. Dane, for Moneys received,
and Services performed as one of the Committee for the
sale of Unappropriated Lands in the County of Lincoln,
be referred to that Committee for examination, and to
report such an allowance for his Services in said Depart-
ment, as he is intitled to receive from this Commonwealth.

November 17, 1786.

Chapter 121.

RESOLVE EXTENDING THE TIME FOR ISSUING ALIAS EXECU-
TIONS.

Resolved, that the time, in which the Treasurer of this
Commonwealth, may issue alias Executions, in the usual
manner, without the Special direction of the Governor
and Council, against any deficient Constable or Collector,
for any sum due on the first moiety of the Continental
tax, or for any tax granted before that period, be, and
hereby is extended to the first day of March next, any
Resolve to the contrary notwithstanding.

November 17, 1786.

Chap.121

404 1786. — September Session.

Chapter 122.

Ckap.122 RESOLVE ALLOWING THE ACCOUNT OF DAVID MORET, AND
^* OTHERS.

Resolved, That there be paid out of the Public Treasury,
to David Morey, the sum of Four pounds seventeen shil-
lings and two pence half penny, in full for the service of
himself and four others, in Engrossing several Bills, out
of the common season for doing business.

November 17, 1786.

Chapter 123.

Chap

.123

Chap

.124

RESOLVE MAKING AN ESTABLISHMENT FOR THE COMPTROLLER

GENERAL.

Resolved, That there shall be allowed to the Controller
General, who may be chosen, for his Services in the
Execution of the duties of his Office, One third per Cent.
on all monies which may be paid into the Treasury of this
Commonwealth, by virtue of the Laws laying duties of
Impost and Excise, passed the present Session of the
General Court, during the time for which he is chosen
and may serve, and that the Treasurer be, and he hereby
is directed to govern himself accordingly.

November 17, 1786.

Chapter 124.

RESOLVE GRANTING EIGHTY POUNDS TO MRS. HANNAH
THOMAS, KEEPER OF THE LIGHT HOUSE, AT THE GURNET,
AND ASSISTANTS, AND ESTABLISHING HER SALARY.

Resolved, that there be allowed and paid out of the pub-
lick Treasury of this Commonwealth, to Hannah Thomas,
Keeper of the Light House on the Gurnet, at the Entrance
of Plymouth Harbour, for herself and such Assistance as
she shall procure, Eighty pounds, per Annum, from and
after the tenth day of September last.

And it is further Resolved, that there be paid out of the
publick Treasury, to the said Hannah Thomas, Eighty
pounds, in full for her Service and Assistance, prior to the
tenth day of September aforesi . November 17, 1786.

1786. — September Session. 405

Chapter 125.

RESOLVE ON THE PETITION OF THE TOWN OF COXHALL. Chctp.125

Whereas it Appears to this Court, from the Represen-
tation of the Inhabitants of the Town of Coxhall, that the
Said Town were, in 1779, assessed the Sum of one hun-
dred and three pounds /Seven Shillings arid ten pence, while
the Major part of the Said Inhabitants belonged to the
Town of Sanford, and were Taxed to that Town for their
Polls and Estates. And whereas it appears, that the Said
Town of Coxhall, have paid fifty one pounds eleven shil-
lings and eight pence, in part of their Beef Taxes, although
they are not Credited therefor ; and it appearing reason-
able that the Said Town of Coxhall Should be abated part
of the Taxes now remaining Due :

Therefore Resolved, that the Said Town of Coxhall be
Credited the aforesaid Sum of fifty-one pounds Eleven Shil-
lings and Eight pence, part of their Beef Taxes, and also
the other aforesaid Sum of one hundred and three pounds
Seven Shillings and ten pence, assessed upon the Said
Town, while the Major part of the Inhabitants belonged
to the Town of Sanford, as aforesaid.

And that the said Town of Coxhall, be, and they hereby
are Abated the residue of their Beef Taxes, being the Sum
of forty one pounds five Shillings and Eight pence, and
the Sum of One hundred and E ig J dy pounds fifteen Shil-
lings and nine pence, out of the Other Taxes remaining
Due from the Said Town ; and the Treasurer is hereby
Directed to Govern himself Accordingly.

November 17, 1786.

Chapter 126.

RESOLVE EMPOWERING THE GOVERNOR AND COUNCIL TO
AUGMENT THE GARRISON AT CASTLE ISLAND, AS OCCA-
SION MAY. REQUIRE, AND MAKING ESTABLISHMENT FOR
FIFTEEN MEN ORDERED THERE, BY THE GOVERNOR AND
COUNCIL.

Resolved, That his Excellency the Governour, with ad-
vice of Council, be, and He is hereby authorized to make
such augmentation of men, from time to Time, at Castle
Island, as will be necessary for Securing the Convicts,
and Safety of the Garrison.

Ghap.126

406 1786. — September Session.

Resolved, That the fifteen men, ordered on the Garrison
at Castle Island, be paid in the same manner, as the other
men of the Garrison are, Cloathing Excepted.

November 17, 1786.

Chapter 127.

Char) 127 RES0LVE directing the commissary general, to call on

"' THE SELECTMEN OF THE SEVERAL TOWNS, AND OTHERS,

FOR WARLIKE STORES, &c. BELONGING TO THIS COMMON-
WEALTH.

Whereas it is Represented to this Court, that there is
Lodged in the hands of the Selectmen of the Several
towns in this Commonwealth, a Number of Axes, Spades,
Shovels and Pickaxes ; also a Quantity of Sulpher and
Niter, and a Number of Iron Cannon and Carriages, and
Sundry other articles, the property of this Commonwealth,
which are Deposited in Sundry places, and under no Par-
ticular Inspection of any proper officer :

Therefore Resolved, that the Commissary General be,
and he is hereby Directed to Call on the Selectmen of the
Several towns in this Commonwealth, and Such other
persons as have any knowledge where any Such tools or
Warlike stores, or any other articles, the property of this
Commonwealth, are Deposited, to make Return to him of
all Such tools, Warlike Stores and Carriages, and all
• other articles, the property of this Commonwealth, on or
before the 20th day of February Next ; and in any town
where such tools or other articles, which have been pro-
cured, at the expence of this Commonwealth, have been
sold, and the proceeds thereof, have not been paid into
the Treasury, the Selectmen of such Town are hereby re-
quired, Without delay, to render to the Treasurer, an
account, under Oath, of all monies received for the sale
of such tools or other Articles ; and that the Commissary
General be Directed to make a Return of all Such articles
and Stores, of every kind, as he shall come to the knowl-
edge of, to the General Court, as soon as may be, for
their further Consideration.

And be it further Resolved, that the Secretary be Di-
rected to Cause this Resolve to be printed in Adams and
JVourse's News paper, and Such other News papers as he
Shall Judge Will Give Information to the Several towns
in this Commonwealth. November 17, 1786.

1786. — September Session. 407

Chapter 128.

RESOLVE ALLOWING SUNDRY ACCOUNTS. (ROLL No. 1.)

The Committee on Accounts, having examined the Ac-
counts of the several Persons, whose Names are borne
upon the following Roll, with the Vouchers accompanying
the same, ask leave to Report as their Opinion, that there
are Due to the Persons named in said Roll, the Sums
set against their Names respectively, which Sums, if al-
lowed, ought to be considered as a full Discharge of said
Accounts.

Joseph Hosmer, per Order.

Viz. To Simon Stow, of Marlborough, Agent to yi
Estate of Henri/ Barnes, Esqr ; as appears by j\ Ac-
count settled with yf Judge of Probate in that County,
and two Days allowance for his Journey and Ex-
pences to Boston, at 7/ a day, £.99 9 11

N. B. Said Slow, has in his hands 1121 dollars, Old
Paper Money.

To Sarah Hill, of Cambridge, for Boarding, &c. Samuel
Austin, an Aged Man, and one of the poor of Charles-
toion, to the first of October, 1786, . . . . 34 8 6

To John Smith, of Lexington, for Boarding and Nursing
Sarah Fowl, one of the poor of Charlestown, to y<; first
of April, 1786, ~ 5 3 6

To the Selectmen of Uxbridge, for Boarding, Cloathing,
&c. Betty Trifle, one of the State's Poor, to j% 26th of
September, 1786, being Insane, and very Troublesome, 46 16 0

To the Overseers of the Poor of Middleborough, for Sup-
porting Christiana Grant and Daughter, of the State's
Poor, for Six Weeks, at 5/ a Week, . . . .300

To the Selectmen and Overseers of the Town of Charles-
town, for Boarding and Sujjplying a very large Num-
ber of the Poor of said Town, to July 1, 1786, as per
Account, 308 7 8

To another Account from the same Persons, and for the
same Purposes, to y? 1st of Oclr, 1786, having de-
ducted a Mistake in the Casting, .... 147 17 10

To Edward Blanchard, for his Service for the Common-
wealth, £.0 12 0

To the Honb[e Cotton Tufts, Esqr ; for his Service in the
last Recess of ye= General Court, as per Account, . 3 7 6

To the Selectmen of Acton, for Supporting John Ken-
nedy, one of the State's Poor, to y 13th September,
1786, 970

To Joseph Barrett, of Maiden, for Supporting Alee
Woodwill, one of the Poor of Charlestown, to the 4th
of Sept , 1786, 15 12 0

To Caleb Manning, for Supporting Eliz".' Sweetser, one
of the poor of Charlestown, to y? 26th of Oct':, 1786, . 13 10 0

Chap.128

408 1786. — September Session.

To the Selectmen of Georgetown, for Supplies afforded
to y? Commonweal th, for the use of the Army, charged
in two Accounts in the Year 1781, . . . . 32 18 4

To John Bradford, of Wobum, for keeping Mary Shute,

one of the State's Poor, to the 17th of Sept:, 1786, . 11 0 0

To Amos Eyde of Newton, for Boarding and Nursing
Thomas Lawrence, one of the State's Poor, whose Cir-
cumstances were peculiarly Difficult, and who Died at
his House, and was Buried, 4 4 0

To James Kettle, for Boarding Sarah Call, one of the

poor of Charlestown, to Nov: 8, 1786, . . . 9 18 0

To Josiah BartleWs acct, as a Physician for taking care

of the Charlestown Poor, examined by Doctr Tufts, . 26 4 2

To Adams and Nourse's Account, to y? 14th of Sept:,
1786, including all Printing done by them for the Com-
monwealth, to this Date, ...... 361 11 5

To John Austin 's acct": , one of the Poor of Charlestown,
for himself and wife, to the 8th of Nov:, 1786, one £6,
and y? other £12, ....... 18 0 0

To the Selectmen of Weston, for boarding Joseph Breed,
his Wife and Daughter, poor of Charlestown, to Nov:
4th, 1786, 34 6 6

To the Selectmen of Mendon, for Supporting James
Thompson, Elizf Smith, and her Child, y? former to
y? 1st Sept:, 1786, and yf other to y? 21 \h June, 1786, 11 17 6

£.1197 11 10

Read and accepted, and thereupon Resolved, that there
be allowed and paid to the persons named in the forego-
ing roll, No. 1, the sums which thereon appear to be due
to them respectively, amounting in the whole, to one thou-
sand and ninety eight pounds, one shilling and eleven
pence: and the Governor, with the advice of Council, is
requested to draw his Warrant therefor.

Read and Ordered, That the consideration of Simon
Stow's account, be referred to the next Session of the
General Court. November 17, 1786.

Chap.129

Chapter 129.

RESOLVE CONTINUING NAVAL OFFICERS AND COLLECTORS OF
EXCISE IN OFFICE, TILL FURTHER ORDER.

Resolved, that the several Naval Officers and Collectors
of Impost and excise duties, now in Office, continue to
exercise the same, until others shall be appointed in their
Room and stead, and the several Officers aforesaid, are
hereby impowered to discharge and perform all the duties
enjoined or required by Law, of Such Officers respectively,
any Act or Acts passed the present Session of the General
Court, to the contrary notwithstanding.

November 17, 1786.

1786. — September Session. 409

Chapter 130.

RESOLVE DISCHARGING THE ADMINISTRATOR ON THE ES- Qhai) \^Q
TATE OF THE LATE TREASURER GARDINER'S ESTATE, AND J- '

GRANTING HIM ONE THOUSAND TWO HUNDRED AND
EIGHTY FOUR POUNDS, EIGHTEEN SHILLINGS AND SIX
PENCE, IN FULL OF THE BALANCE OF HIS ACCOUNTS.

Whereas by a Resolve of the General Court, passed the
23d of March 178(3, it was Ordered, "That there be
allowed and paid out of the Public Treasury of this Com-
monwealth, to DocU Joseph Gardiner', Administrator on
the Estate of Henry Gardiner, esql' late Treasurer and
receiver General of this Commonwealth, the sum of two
thousand five hundred and twelve pounds, one shilling and
eight pence one farthing, in full discharge of all demands
of the said Administrator, in his capacity, against this
Commonwealth, for sallary and all disbursements, includ-
ing the sum of twelve hundred pounds, on account of John
Furness, esq'' late principal Clerk in the Office of the said
late Treasurer : And that a further sum of Five hundred
and eighteen pounds, three shillings and six pence, be
allowed and paid out of the said Treasury, to the said
Administrator, in full for the interest for the first afore-
mentioned sum, from the eighth day of October, 1782, to
the sixteenth of March, 1786 ;" and by the aforesaid Re-
solve, it was provided, that one half of the aforesaid sums
should remain in the Treasury of this Commonwealth, six
months after passing the said Resolve, as a security against
any demands that might be made for monies due on Rolls,
due-bills, or any other Account whatever, or securities
which the said Treasurer or the said Furness received ; or
for which the said Treasurer has been credited, and which
have not been accounted for : And whereas the aforesaid
term of six months has expired, several months since,
and all the due-bills and other demands that have been
exhibited to the Treasurer for payment, amount in the
whole to the sum of Two hundred and thirty pounds, four
shillings and one penny, only ; so that it appears there is
a balance still due to the said Administrator, of the sum
of twelve hundred and eighty four pounds, eighteen shil-
lings and six pence.

Therefore Resolved, that there be allowed and paid out
of the public Treasury of this Commonwealth, to the afore-
said Administrator, the aforesaid sum of Twelve hundred

410 1786. — September Session.

and eighty four pounds eighteen shillings and six pence,
in full discharge of the balance aforesaid.

And whereas by a paragraph of the aforerecited Resolve,
it is provided, that the said Administrator is holden to
repay to the Treasurer of this Commonwealth, all such
sums of money as shall appear to be due on any demands
which should be exhibited any time hereafter — which
appears to be unreasonable :

Therefore Resolved, that the said Administrator be, and
he hereby is discharged from any further demands of this
Commonwealth, in his said capacity, the said Resolve of
the 23d of. March 1786, notwithstanding.

November 17, 1786.

Chapter 131.

Chap.lSl RESOLVE REQUESTING THE GOVERNOR AND COUNCIL, TO ORDER

1 ' THE SECRETARY TO PUBLISH SUCH ACTS AND RESOLVES OF

THE PRESENT SESSION, As THEY SHALL THINK NECESSARY.

Resolved, that his Excellency the Governor be, and he
is hereby requested, to give orders To the Secretary, to
publish in some of the News Papers, Such Acts and Re-
solves of the General Court, as he with Advice of Council,
shall Think Necessary for the information of the People.

November 17. 1786.

Chap.

Chapter 132.

132 REPORT OF THE COMMITTEE FOR ENCOURAGEMENT OF MANU-
FACTURES, &c. IN THIS COMMONWEALTH.

The Committee of both Houses, appointed to consider
what further Measures are necessary to be taken, to en-
courage our own Manufactures, and discourage the Use
of imported Articles of Luxury, have taken the Subject
under Consideration, and from a View of our unhappy
State and Circumstances, are constrained to observe, That
a Remissness and Inattention to the fundamental Prin-
ciples, on which the Wealth, Happiness, and Prosperity
of a People depend, have in a greater or less Degree
pervaded the Community, and produced Evils that now
threaten us with Ruin.

Our Ancestors, who settled this fertile Country, (from
which the Materials for Trade and Commerce, the means
of Defence, and of the Necessaries, and Conveniences of

1786. — September Session. 411

Life, may be .amply furnished) derived their Birth and
Language from a Nation, whose Religion they imbibed,
whose Laws were interwoven with their own, and to whose
Government they, and their Descendants were for a long
Time subject ; from whence Affection and Veneration
ensued, naturally leading to an Adoption of their Preju-
dices, Passions and Manners.

From a constant commercial Intercourse with that
Nation, and an extensive credit given by her merchants,
to multitudes here, by means of which Debts to an enor-
mous Amount have arisen, — an unrestrained Use of her
Superfluities and Luxuries, with a Neglect and Contempt
of our own Manufactures and Productions, with which it
has been her Interest to inspire us, have unhappily fol-
lowed : these have been accompanied with a Declension
of manners, and an Imitation of her Extravagances, Fol-
lies and Vices, all which have produced a Dependence of
mind, that has, to the no small Injury of our Manufact-
ures, Commerce, and political Interests, survived even
the Dissolution of our civil Connection.

The seeds of Luxury, which had sprung up before the
late Revolution, altho' at its Beginning, and for some
Time after, they received a Check from the virtuous Res-
olutions of the People, yet too soon they revived and
acquired new Vigour, — An immense Quantity of Paper
Money coming into circulation, and constantly sinking in
its Value, proved a strong Temptation to its Possessors,
to part with it for any Thing, even for Luxuries, joined
with a Profusion of luxurious Articles introduced by
numerous Captives in the late War, contributed greatly
to produce a stile of Dress and Living, unknown to our
Ancestors, and otherwise hardly to be accounted for in a
State of War. A vitiated Taste acquired, found on the
Arrival of Peace, full scope for Indulgence : New Modes,
Fashions, and Articles of Luxury, poured in from foreign
Nations : an Enthusiasm for these prevailed, and the Con-
tagion at length became general.

If at this Time the Country abounded in Specie, to an
Amount unknown in any Period before, the Amount also
of its Debt contracted in the late War, and that of Indi-
viduals, was greater than at any Period before ; these
called for Economy and the Application of the Specie, to
the Discharge of them ; but the predominant Passion for
Shew and Luxury, overleaped the Bounds of Temper-

412 1786. — September Session.

ance and Moderation, and stifled the Voice of Justice : —
The Specie could no longer be confined, it broke from its
Enclosure, and fled into distant Lands ; from whence We
can never expect its Return, but by adopting and perse-
vering in a System, the reverse of that we have pursued :
and We are left to lament the Loss of our Reputation, of
public and private Credit, of an Ability to discharge pub-
lic and private Contracts, and to suffer a Train of Evils,
the woeful effects of a Remissness and Inattention to, or
Departure from the great Principles that tend to the Glory
and Happiness of a People.

From all which it appears, that We have this Alterna-
tive before us, — to submit to Ruin inevitable ; or resolve
on a Reformation immediate and universal.

Your Committee are therefore of opinion, that it is
highly important, That the General Court should make a
serious and determined Exertion, by Example and Ad-
vice, to inspire a due Regard to our own Manufactures ;
to the Fruits of our own Industry, and the Efforts of our
own Genius, and at the same Time to discourage the
Importation and use of foreign Superfluities ; and all
Articles that tend to an Excess in our Expences, or inter-
fere with our national Interest, or the particular Interest
of this Commonwealth, and at the same Time earnestly to
recommend to the People at large, including all Orders,
Ages, Sexes, and Conditions, to give substantial evidence
of Friendship to their Country, by uniting in so necessary
an exertion.

Read and accepted. November 17, 1786.

Chap

Chapter 133.

.133 RESOLVE DIRECTING THE TREASURER TO BORROW MONEY,
FOR THE DELEGATES APPOINTED TO REPRESENT THIS STATE
IN CONGRESS, THE PRESENT YEAR.

Resolved, that the Treasurer of this Commonwealth, be,
and he hereby is directed to borrow a sum, not exceeding
Two Thousand pounds, for the purpose of paying the
Delegates, who represented this State in Congress, for
their Services the year past, and to enable him to make
such Advances as are directed to be made to the Delegates
in Congress, the current year, and to repay the same out
of the first Monies which may come into the Treasury,
from the specie part of the Tax granted in March last, and

1780. — September Session. 413

appropriated for the defraying the necessary Expences of
Government not already engaged, and out of the third
part of the Revenue, which may arise from the duties
of Impost and Excise, by Virtue of the Acts passed the
present Session, and is reserved for the disposal of Gov-
ernment. November 17, 1786.

Chapter 134.

RESOLVE ON THE PETITION OF GARDNER GRAY.

On the Petition of Gardner Gray, setting forth that he
is now under Sentence of Death, for the crime of Burg-
lary ; and praying that his punishment may be Commuted,
as this is the first offence he has ever been Charged with :

Whereas it appears to this Court, that the Said Gardner
Gray, prior to his Committing the Crime aforesaid, had
been distinguished for the Sobriety of his manners and
Examplary Conduct, and had in no instance discovered a
mind so abandoned to vice as to render his Punishment by
death, necessary for the safety of the Community : And
whereas it is a dictate of Justice as well as of good policy
to make distinctions between offenders, agreeably to the
degree of their guilt, and to Extend mercy to young
persons, who are not so totally depraved as to become
incorrigable :

Therefore Resolved, that the punishment of the said
Gardner Gray, be, and it is hereby Commuted ; and that
instead of his being punished with death, conformably to
the sentence pronounced against him, he be Confined to
hard Labour on Castle Island, for the space of three years ;
and that his Excellency the Governor, be, and he is hereby
authorized, by and with the advice and Consent of Council,
to revoke and nullify the Warrant for the Execution of the
said Gardner Gray, and to Issue a Warrant directed to
the Several Sheriffs of the Counties of Bristol and Suffolk,
to remove the said Gardner Gray to Castle Island, as
aforesaid.

And it is further Resolved, that if the said Gardner
Gray, shall Escape from his Confinement on Castle Island,
within the said term of three years, and be afterwards
apprehended, he shall Suffer death agreeably to the Sen-
tence aforesaid. November 17, 1786.

Cttop.134

414 1786. — September Session.

Chapter 135.

ChciV.135 RES0LVE CONFIRMING A GRANT OF LAND TO DAVID MARSH
1 ' AND OTHERS, CONDITIONALLY.

The Committee on the subject of unappropriated lands
in the County of Lincoln, when they made their Report
on the 17th of March, 1785, on the petition of Enoch
Bartlet and others, piaying for the confirmation of six
Townships, lying between Penobscot River, and Union
River, which were conditionally granted to David Marsh
and others, on the Second day of March, 1762, omitted
to report respecting the Township No. 3, commonly called
Majabigwaduce, for reasons therein set forth ; but having
since examined into the state of the said Township, so far
as circumstances would permit, now take leave to report,

That in their opinion, it will be expedient to confirm to
the said Marsh and others, the said Township, No. 3, on
the conditions contained in the following Articles :

First, That the proprietors heretofore known, as pro-
prietors of the said Township, or as holding under David
Marsh and others, do grant, allot and meet out one hun-
dred acres of land, unto each settler on the said Township,
his heirs or assigns, who before the first day of January,
1784, settled thereon, and made seperate improvement,
— the same to be laid out in one lot, in such manner, as
best to include his improvements. And where any original
Settler has sold, or otherwise disposed of his improvements
to any other person ; the purchaser of such improvements,
his heirs and assigns, shall hold the same lands, which such
original settler would have held, by virtue of this Article,
if there had been no such sale or disposition.

Secondly, That in like manner, there be alloted and
meeted out unto each proprietor, his heirs or assigns, who
before the first day of January, 1784, settled thereon, and
made a seperate improvement, two hundred acres of land,
one hundred acres of which to be in consideration of his
being a Settler ; the same to be laid out in such manner,
as best to include his improvements.

Thirdly, That in the said Township, there be alloted,
reserved and appropriated four lots of land of three hun-
dred acres each, in situation and quality equal in general
to the lots in the division, for the following purposes, viz.
One lot for the first settled minister, his heirs and assigns ;

1786. — September Session. 415

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.

Fourthly, That each settler mentioned in article first,
his heirs or assigns, (who has not already done it,) shall
within five years, build a House, not less than eighteen
feet square, and^seven feet stud; and clear, and cultivate
five acres of land fit for mowing or tillage, and pay within
six months, into the treasury of the propriety of the said
Township, tliirty shillings, to be appropriated to defray
the expence of survejdng and dividing the said Township,
and laying out, clearing and repairing of roads within the
same.

Fifthly, That where a settler has made improvement,
by clearing or inclosing with a good fence, more than one
hundred acres, he shall have the liberty to purchase the*
lands so improved, at a reasonable price ; estimating the
same, as if in a state of nature ; or to receive of the pro-
prietor or proprietors of such land, a reasonable allowance
for 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 whom shall be
chosen by the proprietor or proprietors, one by the settler,
(and in case they cannot agree) the third by the two
chosen as aforesaid.

Sixthly, That after the allotments to the settlers, resi-
dent proprietors, and for public uses, are made as afore-
mentioned, the residue and remainder of the said lands
shall be divided to, and among the proprietors heretofore
known as the proprietors of the said Township, or as
holding under David Marsh and others, to whom the said
Township was conditionally granted, their heirs or assigns,
in proportion to the respective shares or rights, held in
the original division of the said Town.

Seventhly, That the division and allotments in the said
Township, be made conformably to the foregoing articles,
within the space of twelve months from this time, and a
return thereof be made, on or before the expiration of the
said term of time, to the Committee on the subject of
unappropriated lands in the County of Lincoln, specifying
and describing therein the lots, — number of each, names
of the persons to whom alloted, and those for public uses,
under their particular heads. And if it shall appear by

416 1786. — September Session.

the said return, that a quantity of land exceeding six
thousand acres, has been alloted, meeted and assigned by
the said proprietors, to that class of settlers included in
article first, and by Virtue of the same, in manner afore-
said,— then there shall be granted and conveyed to the said
proprietors, their heirs and assigns, in some part of the
Township number seven, in the first division of Townships,
east of Penobscot River, adjoining southerly on the Town-
ship Number Six, of the same division in part, and partly
on Township Number one of the second division of Town-
ships, and lying on both sides of Union River, so many
acres, as shall be equal to the quantity of Land above six
thousand acres, which shall be alloted and assigned to the
settlers as aforesaid.

Eighthly, If no return be made to the said Committee,
■ as required in the preceding article, the said Committee
shall appoint, and they are hereby accordingly impowered,
to appoint three disinterested persons, as Commissioners
to repair to the said Township, to make the division and
return required, and allot and divide the same, comform-
ably to the Articles 1. 2 and 3. and make return thereof
to the said Committee, conformably to the seventh article ;
and the said Commissioners shall, six weeks at least before
they proceed on the said business, give public notice, in
Adams and Nourse's Independent Chronicle, the Portland
News-paper, and by a written notification, posted up in
some convenient place in the said Township, of their
appointment, and of the time when they shall proceed on
the said business, that all persons interested therein, may
be apprized thereof: and the lots the said Commissioners
shall lay out to the resident proprietors and settlers, as
provided for in Articles first and second, shall be confirmed
unto them, and the remaining lots shall be subject to the
order and disposal of the General Court : and the expence
arising from the said appointment of Commissioners, shall
be defreyed by the resident proprietors and settlers of the
said Township, provided they have prevented or obstructed
the division as provided for in Articles second, third and
sixth ; otherwise, so much of the remainder of the lands
(after allotments and divisions made to the resident pro-
prietors, settlers, and for public uses as aforesaid) shall
be sold by the said Committee, as shall be sufficient to
defrey the said expence.

Ninthly, That notwithstanding the conditions and regu-

1786. — September Session. 417

lations contained in the foregoing Articles, if the proprie-
tors and settlers of the said Township, shall agree among
themselves, and settle all matters in dispute, relating to
the quantities of land respectively, to be held and retained
by them, and such other matters and things, as immedi-
ately respect the settlement of the said lands, and make a
report of the same to the said Committee, within six months
from this time, with the names of the settlers and proprie-
tors, resident and non-resident, the quantity allotted to
each, and the right reserved for public uses, conformably
to Article third, in such case the said Committee shall
have full authority to confirm the said Township : but in
case no report shall be made as aforesaid, to the said Com-
mittee, nor return as in the seventh article is required, the
said Committee shall appoint Commissioners, as provided
for in the eighth article (twelve months having been
expired, as mentioned in the said seventh article) who
shall proceed on their business as pointed out in the said
eighth article.

Tenthly, It shall be understood, notwithstanding any
thing contained in the foregoing articles, that the final
confirmation of the said Township, shall not be made until
there be in the said Town, sixty dwelling houses, not less
than eighteen feet square, and seven feet stud ; sixty
Protestant families, and also five acres of land cleared on
each share, fit for mowing and tillage ; also a meeting
house for the Public worship of God, — and until the pro-
prietors and settlers of the said Township, shall have
settled a learned and Protestant minister ; — and provided
for his comfortable support, — for which purposes, five
years shall be allowed.

Saml. Phillips, jun. ^
Nathl. Wells, > Committee.

J. Brooks, )

Boston, November 4, 1786.

Read and accepted, and thereupon Revolved, that the
Township No. 3, commonly called Majorbigwaduce, con-
ditionally granted to David Marsh and others, on the
second of March, One thousand seven hundred and sixty
two, be, and it is hereby confirmed to the said Marsh and
others, on the Conditions, and with the Reservations which
in the foregoing report are specified.

November 17, 1786.

418 1786. — September Session.

Chapter 136.

Chan 136 RESOLVE ON THE PETITION OF JOHN LANE, AND JOSEPH HEN-
1 ' DERSON.

Whereas a certain House and Land in Marlborough
Street, in Boston, now in the occupation of John Deming ,
and a tract of Land lying in the Town of Walpole, con-
taining about fourteen Acres, appear by the Records in
Register's Office for the County of Suffolk, to be the prop-
erty of John Erving, late of Boston, an absentee, whose
real Estate in this State is confiscated by an Act of the
General Court, passed the 30th Day of April 1779, but
by an Instrument signed by said Erving, dated 29th June
1771, it appears that the said Erving, held said House and
Land, with other Real Estate therein expressed, in trust
for Thomas Lane, John Lane and Thomas Frazier, who
were interested in said Estate, four hundred and seventy
five pounds, 15/ ; and for Henderson Inches, agent for John
Henderson, who was interested in said Estate, Seventy
two pounds, 12/8; and he the said Erving, being inter-
ested in the same Estate, one hundred and twenty five
pounds, 15/., each of the Parties intitled to their propor-
tion of the incomes from said Estate, and the Net proceeds
of the sales, whenever the same should be sold :

Therefore Resolved, That the Committee for selling
Absentees Estates, in the County of Suffolk, be, and they
are hereby authorized and Directed, to make sale of the
said House and Land, in Boston, and Walpole, at Public
Auction, for Specie only, on or before the first day of
DecT next, and pay to the said John Lane, in behalf of
himself and Thomas Erazier, surviving partner of Thomas
Lane; and to Joseph Henderson, in behalf of himself and
sisters, Heirs of the said John Henderson, Deceased, in
the proportion aforementioned, And the residue into the
Treasury of this Commonwealth, for the use of Govern-
ment. November 17, 1786.

Chap.ffl

Chapter 137.

RESOLVE ADJOURNING THE COURTS OF GENERAL SESSIONS AND
COURT OF COMMON PLEAS FOR THE COUNTY OF BRISTOL.

Whereas the Courts of Common Pleas and General Ses-
sions of the Peace, holden at Taunton, within and for the
County of Bristol, on the second Tuesday of September

1786. — September Session. 419

last, now stands adjourned to the second Tuesday of
December next, — and Thursday in the same week, is
appointed to be observed as a day of Thanksgiving, which
will render it inconvenient for the Justices of the same
Courts, and all others concerned therein, to attend the
same Courts at the time to which they stand adjourned.

Resolved, That the same Court of General Sessions of
the. Peace, and all matters and things now pending, or
that maybe pending therein, be, and hereby are adjourned
unto the Third Tuesday of the same month of December,
then to be held at Taunton, within, and for the County
of Bristol.

And it is further Resolved, That all matters and things
now pending in the said Court of Common Pleas, be, and
hereby are continued to the Court of Common Pleas, to
be holden at Taunton, within and for the County of Bris-
tol, on the Third Tuesday of the same month of December,
and may be taken up, and proceeded upon, at the same
Court, in the same manner as tho the same had been
continued to that time, by order of the Justices of the
same Court ; and that all Complaints for not prosecuting
appeals, which might be entered at the said Court of Com-
mon, Pleas, adjourned to the second Tuesday of December
as aforesaid, may be entered and proceeded upon at the
said Court of Common Pleas, to be holden on the Third
Tuesday of December, as aforesaid, in the same manner
as tho the appeals had been made to the same Court ;
and the said Court of Common Pleas, that stands ad-
journed to the second Tuesday of December next, is
hereby adjourned without day. — Of all which, Jurors,
parties, witnesses, and all others interested or concerned,
are to take notice, and govern themselves accordingly.

November 17, 1786.

Chapter 138.

RESOLVE ON THE PETITION OF ABRAHAM PEASE. C7lCl7). 138

On the petition of George Thatcher, Attorney to
Abraham Pease, setting forth, that an action against said
Pease, in favour of Jonathan Parker, jun. pending at the
Court of Common Pleas, holden at York, in and for the
county of York, in Jxdy last past, was by the petitioner's
mistake, defaulted, whereby the said Pease, has been de-
prived of a tryal at law which he intended, and is thereby

420 1786. — September Session.

unjustly held to pay a large sum of money, and praying
that he might be restored to his law :

Resolved, that the prayer of the petition be so far
granted, that the said Pease, give to the said Parker,
notice of his petition aforesaid, that the said Parker, may
appear on the second Wednesday of the next Sessions of
the General Court, and shew cause, (if any he has) why
the prayer of it should not be granted, and in the mean
time, that the judgment recovered upon the default of
said Pease, be suspended, and no execution issue thereon :
And

Resolved further, That the said Parker, be notified by
the said Pease, by serving him with an attested copy of
his petition, and this order thereon, fourteen days before
the aforesaid second Wednesday of the next Sessions of
the General Court. • November 17, 1786.

Chapter 139.

Chap.139 RESOLVE ON THE PETITION OF JOSEPH DANE.

On the Petition of Joseph Dane, now kept in Goal for
debt, after having taken the Oath provided by law, pray-
ing that he may receive the sum or sums his Creditor pays
to the Goal Keeper for his support, that he may therewith
support himself:

Resolved, That the sum or sums which the law provides
to be paid to the Goal Keeper by Creditors, for the sup-
port of any poor prisoner, whom they shall cause to be
detained in Goal, after they have taken the Oath agree-
ably to law, shall be paid to the prisoner himself for his
support, if he shall Request it ; any law to the Contrary
Notwithstanding. November 17, 1786.

Chapter 140.

Chan 140 RES0LVE directing the secretary to have printed,
J- ' the militia laws and the regulations for the

MILITIA, AND DIRECTIONS TO THE ADJUTANT GENERAL,
RELATIVE TO THE DISPOSITION OF THEM, &c.

Whereas it is of importance that the officers of the
militia of this Commonwealth should have the means of
acquainting themselves with their duty ; and whereas for
this purpose, it is essential that they be furnished with
the militia Laws, and the regulations for the order and
discipline of the militia :

1786. — September Session. 421

Resolved, That there be immediately printed, at the
expence of this Commonwealth, such a number of the said
militia Laws and regulations, for the order and discipline
of the militia, as will be sufficient to furnish every Gen-
eral Officer of said militia, with one sett of each ; the
Deputy Adjutant Generals with one sett ; the Brigade
Majors with one sett ; the field officers of Regt^ and Cap-
tains of Companies with one sett ; and the Adjutants of
Regiments with one sett of each.

Resolved, that when said Laws and regulations, shall
be published, they shall be delivered to the Adjutant
General, and distributed thro the channel of his depart-
ment, to the several officers who are by this resolve, en-
titled to receive them : And every officer who shall receive
a sett of the said Laws and regulations, shall give a receipt
therefor, and shall be obliged to transffer the same to his
successor in office.

Resolved, That the Adjutant General be, and he hereby
is empowered, to procure at the expence of this Common-
wealth, a suitable number of orderly books, and Blank
returns, and furnish the respective Divisions, Brigades,
Regiments and Companies of the Militia, with the same,
so far as shall be necessary for the regularly distributing
and registering General and regimental orders, and for
the making of returns.

And the Secretary is hereby directed, to cause the said
Laws to be printed upon the best terms he can, provided
the printers of the General Court, shall not be able to
perform that business. November 17, 1786.

Chapter 141.

RESOLVE ON THE PETITION OF JOSEPH BOYD, GRANTING QJiaj) 141
HIM EIGHTY-ONE POUNDS EIGHTEEN SHILLINGS AND "''

ONE PENNY.

On the petition of Joseph Boyd, praying for an allow-
ance for twelve oxen, and certain expences, &c.

Resolved, That the prayer of said Petition be so far
granted, that there be allowed and paid out of the Publick
Treasury of this Commonwealth, the sum of Eighty one
pounds 18/1, to the said Joseph Boyd, being the Amount
of the ballance due to him, for Twelve Oxen delivered to
Samuel Brown, in July 1779, by order of Gen. Lovell,
for the use of the troops under his command, in the ex-
pedition against Penobscot, and in full for all his expences
and demands. November 18, 1786.

422 1786. — September Session.

Chapter 142.

Ckap.l4:2 RES0LVE ON THE PETITION OF A NUMBER OF PROPRIETORS
"' OF THE TOWN OF WASHINGTON, GRANTING THEM THIRTY

FOUR POUNDS SIXTEEN SHILLINGS.

On the petition of a Number of the Proprietors of the
Town of Washington :

Resolved, that there be paid out of the Public Treasury
of this Commonwealth, to the Proprietors of the said
Town of Washington, the sum of thirty four pounds six-
teen shillings, being the amount of outstanding Taxes,
assessed upon Sundry Lots of land, which belonged to
John Murray, a Conspirator, and have been sold for the
use of this Commonwealth. November 18, 1786.

Chapter 143.

Chan 143 accounts, roll no. 2, with resolve to pay sundry

^' ACCOUNTS.

The Committee of Both Houses, Appointed to Examine
Accounts, ask leave to Report the following Roll, being
No. 2, which if allowed, will be in full Discharge of Said
Accounts.

Joseph Hosmer, per order.

Viz. to John W. Folsom, for Printing by Order of the

Secretary, as per acct, £.17 18 0

to Edes and So?is, for D-, 30 5 2

to Edward E. Powers, for D-, 62 3 4

to Tho- Downe, for mending the Chairs for the Senate

Chamber, as per ace-, 1 19 6

£.112 6 0

Read and accepted, and thereupon

Resolved, that the Governor with the advice of Council,
be, and hereby is requested, to issue his Warrant on the
Treasury, for the payment of the sums mentioned in the
above Roll, to the persons to whom they are severally
due. November 18, 1786.

RESOLVES

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS

TOGETHER WITH THE SPEECH AND MESSAGES OF HIS EX-
CELLENCY THE GOVERNOUR TO THE SAID COURT :

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK,
ON WEDNESDAY THE 31st DAY OF MAT, ANNO DOMINI,
1786; AND FROM THENCE CONTINUED BY PROROGATION AND
ADJOURNMENT, TO WEDNESDAY THE THIRTY-FIRST DAY OF
JANUARY, 1787.

Chapter 1.* Chap. 1

[January Session, ch. 1, 1786.]

Chapter 2.* Chap 2

[January Session, ch. 2, 1786.]

Chapter 3.* q^^ 3

[January Session, ch. 3, 1786 ]

Chapter 4.

RESOLVE APPROVING GENERAL LINCOLN'S CONDUCT IN HIS flJjar) A
OVERTURES OF RECOMMENDING CERTAIN DESCRIPTIONS OF "'

INSURGENTS TO THE CLEMENCY OF GOVERNMENT, AND
AUTHORIZING THE GOVERNOR TO PROMISE A PARDON UNDER
SUCH DISQUALIFICATIONS AS MAY HEREAFTER BE PROVIDED.

Whereas many persons who now are, or have been in
arms against the Government, may not have considered
the evil nature and tendency of their crime, and might not

* Governor's message, see end of volume.

424 1786. — January Session.

have been apprized that an opposition to the legal authority
of the State, with force of arras, is treason and rebellion :
And whereas General Lincoln, has given to a particular
description of the Insurgents, his assurances of recom-
mending them to the clemency of Government on certain
conditions therein mentioned.

Resolved, that this Court approve of General Lincoln's
Conduct in his Overtures of recommending certain descrip-
tions of Insurgents to the Clemency of Government, and
that the Governor be, & he hereby is authorized & empow-
ered, in the name of the General Court, to promise a
pardon under such disqualifications as may hereafter be
provided, to such private soldiers, and others who act in
the Capacity of Non Commissioned Officers, as have been,
or now are in Arms against the Commonwealth, with such
exceptions as he, or the General Officer Commanding the
troops, may judge necessary ; provided they shall deliver
up their Arms, & take & subscribe the Oath of Allegiance
to this Commonwealth, within such time as shall or may
be limited by his Excellency for that purpose.

February 4, 1787.

Chapter 5.

Char) 5 GENERAL COURT'S DECLARATION, THAT A HORRID AND UNNAT-
^ "* URAL REBELLION EXISTS WITHIN THIS COMMONWEALTH.

Commonwealth of Massachusetts.

Whereas the doings of the General Court at their last
session, relative to the Insurgents against the Government
and Authority of the State, in several Counties within this
Commonwealth, were lenient and merciful, were intended
to quiet the minds of the disaffected, and ought to have
had the effect they were designed to produce.

And Whereas every complaint of Grievance was care-
fully attended to with a disposition to grant all that relief
which could be afforded consistent with equal justice, and
the dignity of Government ; and the General Court, so
far as they were able, adopted measures accordingly ; and
gave full and clear information to the Insurgents, as well
as others, of the general situation of public Affairs. And
Whereas a full and free pardon for all the outrageous pro-
ceedings against the Government, whereof the Insurgents
had been guilty, was tendered them, upon this mild con-

1786. — January Session. 425

dition alone, that they should be guilty of such outrages
no more ; and as evidence of their intentions, to demean
themselves in future, as good and faithful Citizens, should
before the first day of January, A.D. 1787, take and
subscribe the oath of Allegiance ; it manifestly appears,
from the subsequent conduct of the leaders of the Insur-
gents, that their opposition to Government has not arisen
from a misapprehension, as to the views and disposition
of Government, or from a temporary irritation, arising
from the pressure of supposed grievances, or from a mis-
guided zeal to promote the public happiness, as has been
insidiously asserted ; but from a settled determination to
subvert the Constitution and put an end to the Govern-
ment of this Commonwealth ; it is also abundantly mani-
fest, that the conduct of the Insurgents, in stopping the
Courts of Justice in the Counties of Worcester' and Hamp-
shire, — in assembling in Arms avowedly to commit the
same outrages in the County of Middlesex — in calling
upon the Towns in some Counties, to furnish themselves
with Arms and ammunition — in appointing Committees
to form their adherents into regular military Companies,
properly Officered ; thereby to establish within this Com-
monwealth, a Standing force, beyond the controul of, and
for the express purpose of opposing in arms, the Consti-
tutional government of the State — in endeavouring to
encrease the Commotions in the Counties aforesaid, by
publicly inviting and alluring others to throw off their
allegiance, and join their body, is subversive of all order
and government, absolutely incompatible with the public
safety and happiness; And is an open, unnatural, unpro-
voked and wicked Rebellion, against the dignity, authority
and government of this Commonwealth : And the Legis-
lature, in duty to their Constituents, in conformity to their
oaths, And by virtue of the authority vested in them by
the Constitution, (having ineffectually try ed every lenient
measure to reclaim them) do hereby solemnly declare,
that a horrid and unnatural Rebellion and War, has
been openly and traiterously raised and levied against this
Commonwealth, and is still continued, and now exists
within the same, with design to subvert and overthrow
the Constitution and form of Government thereof, which
has been most solemnly agreed to, and established by the
Citizens of this Commonwealth ; And that Government
ought, and will, with the greatest energy and force, exert

426 1786. — January Session.

and bring forth, all the power of the Commonwealth for
the suppression thereof: and all the horrors and evils, that
may follow in consequence of this Rebellion, must be
imputed to those men, who have, contrary to the duty of
their allegiance, and every principle of law and Justice,
been the fomenters, abettors and supporters of the same.

February 4, 1787.

Chap.

Chapter 6.

Q AN ADDRESS OF THE GENERAL COURT, TO HIS EXCELLENCY

THE GOVERNOR.

To his Excellency JAMES BOWDOIN, Esquire, Gov-
ernor of the Commonwealth of Massachusetts.
May it please your Excellency ,

The Senate & House of Representatives, in General
Court assembled, have read and duly attended to your
Speech at the opening of this Session, & take this earliest
opportunity to express their entire satisfaction in the
measures you have been pleased to take, pursuant to the
powers vested in you by the Constitution, for the subdu-
ing a turbulent spirit, which has too long insulted the
Government of this Commonwealth ; prostrated the Courts
of Law & Justice in divers Counties, & threatened even
the overthrow of the Constitution itself. The General
Court congratulate your Excellency on the success with
which Providence has been pleased hitherto to bless the
wise, spirited & prudent measures which you have taken ;
and they earnestly entreat your Excellency, still to encoun-
ter, repel, and resist, by all fitting ways, enterprises and
means, all & every such person & persons as attempt or
enterprise, in a hostile manner, the destruction, detriment
or annoyance of this Commonwealth ; and to pursue such
further Constitutional measures as you may think neces-
sary for extirpating the spirit of rebellion ; quieting the
minds of the good people of the Commonwealth ; & estab-
lishing the just authority & dignity of Government. And
in order that your Excellency may be possessed of the full
power of the Constitution, to effect these great purposes,
the General Court have thought it highly necessary, after
a mature deliberation, to declare that a rebellion exists
within this Commonwealth.

This Court are fully persuaded, that by far the greater

1786. — January Session. 427

part of the Citizens of this Commonwealth are warmly
attached to our present happy Constitution : They have a
high sense of the merit of a respectable body of the Mili-
tia, who have with readiness attended your Excellency's
orders on this pressing emergency, as well as of the pa-
triotic zeal of a number of private Citizens, who have
chearfully advanced their money in aid to Government :
and you may be assured, Sir, that the most speedy and
effectual means will be used for the payment of the Officers
& Soldiers, who have been, or may be employed in this
necessary & most important service ; & for the reimburse-
ment of the monies generously advanced for its support.

It is to be expected, that Vigour, Decision & Energy,
under the direction & Blessing of Heaven, will soon ter-
minate this unnatural, unprovoked rebellion, prevent the
effusion of blood, and the fatal consequences, to be dreaded
from a civil war ; and it is the determination of this Court
to establish a criterion for discriminating between good
Citizens & others, that each may be regarded according to
their Characters & deserts.

If it should appear to your Excellency, that the time
for which the Militia under the Command of Major Gen-
eral Lincoln, are enlisted, is too short to effect the great
objects in view, it is the request of this Court, that you
would be pleased to direct the Commanding General, to
reinlist the same men, or inlist others, for such further
time as you may think necessary, or to replace them by
Detachments from the Militia ; and, if you shall think it
expedient, to Increase their numbers, and continue them
in service until those purposes shall be compleatly accom-
plished.

The General Court will give the most ready attention
to your Message of the third instant, and every other
Communication you shall be pleased to lay before them.
They will vigorously pursue every measure that may be
calculated to support the Constitution, & will still con-
tinue to redress any real grievances, if such shall be found
to exist — humbly beseeching Almighty God to preserve
Union & Harmony among the several powers of Govern-
ment, as well as among the honest & virtuous Citizens of
the Commonwealth, & to restore to us, the inestimable
blessings of peace and liberty, under a wise & righteous
administration of Government.

Chap. 7

428 1786. — January Session.

In Senate, FeM 4th, 1787.

Read & unanimously accepted — & Ordered, that Saml
Adams, Caleb Strong & Seth Waskburne, Esq1:8, with such
as the Honbie House may join, be a Committee to wait
upon his Excellency the Governor with the aforegoing
address.

Sent down for concurrence.

SAML PHILLIPS, junr. Presidt.

In the House of Representatives, Feb. 4, 1787.
Read and concurred, & Mr. Shepard, Mr. Brooks, Mr.
Bichford, & Mr. Davis, are joined.

ARTEMAS WARD, Speaker.

February 4, 1787.

Chapter 7.

RESOLVE FOR ADJOURNING THE COURTS IN THE COUNTY OF
HAMPSHIRE, TO THE FIRST TUESDAY IN MARCH.

Whereas divers actions commenced in the County of
Hampshire, and returnable at the Court of Common Pleas
holden at Northampton, on the last Tuesday of August
last, and at the Court which by Law was to have been
holden by Adjournment at Springfield, on the fourth
Tuesday of December last, by Reason of the Commotions
in the said County, were not entered in the same Court :
Therefore,

Resolved that all Writs and Processes which were made
returnable, and all appeals made to the said Court of
Common Pleas in August afores?, or on the said fourth
Tuesday of December, by Adjournment as afores^, may be
entered at the Court of Common Pleas which shall next
be holden in said County, and the Justices of the same
Court, are hereby authorized to proceed upon & render
Judgment on such Actions and Appeals, which shall be
of the same Validity & have the same Effect, as if such
Actions or Appeals had been entered at the said Term in
August, or at the Court to have been holden on the said
fourth Tuesday of December by Adjournment as afores^ ;
and all Recognizances taken in the Court of General
Sessions of the Peace in said County, on the Third Tues-
day of May last, or which were by Law returnable to the
same Court on the said last Tuesday of August, or on

1786. — January Session. 429

the said fourth Tuesday of December, shall be proceeded
upon, at the next Court of General Sessions of the Peace,
which shall be holden in the same County, as they might
have been on the said last Tuesday of August, or the said
fourth Tuesday of December, if no Interruption to the
said Court had taken Place.

And whereas by Reason of the present Session of the
General Court, it is expedient to adjourn the Courts of
Common Pleas and General Sessions of the Peace by Law
to be holden at Northampton, in and for the County of
Hampshire on the second Tuesday of February, instant :

Resolved that the said Courts of Common Pleas, and
General Sessions of the Peace, be, & the same are hereby
adjourned to the first Tuesday of March next, then to be
holden at Northampton afores'-, and all Writs, Processes,
& Recognizances which are or may be returnable to the
said Court of Common Pleas, or Court of General Sessions
of the Peace, shall be returnable to, have day and be tri-
able on the said first Tuesday of March, in like manner as
they might or could have been, if the same Courts had
been holden on the second Tuesday of February afores-1.

And whereas on the fourth Tuesday of December last,
to which time the Courts of General Sessions of the Peace
& the Court of Common Pleas for the said County were
adjourned, the Justices of the same Courts were forcibly
prevented from opening the said Courts, by Reason
whereof the Actions & Processes depending in the same
Courts were discontinued : therefore

Resolved that all Actions & Processes which were con-
tinued in the same Courts at their term on the last Tues-
day of August last, or were by Law triable on the said
fourth Tuesday of December, be, & they hereby are con-
tinued, & shall have day and be triable in the said Courts
on the said first Tuesday of March, in the same manner
as they might or could have been, on the said fourth Tues-
day of December, if no interruption to the said Courts had
then taken place.

And be it further Resolved that the Justices of the
Court of General Sessions of the Peace for the said
County, on the said first Tuesday of March next, be &
they hereby are authorized and impowered to grant Li-
cences to Innkeepers and Retailers of spirituous Liquors,
in the same manner as by Law they were authorized to

430 1786. — January Session.

grant such Licences on the last Tuesday of August last,
any law to the contrary notwithstanding.

February 5, 1787.

Chapter 8.

Chart 8 RES0LVE approving the conduct of general shepard,

1 ' &c. IN THE DEFENCE OF THE ARSENAL AT SPRINGFIELD.

Resolved, unanimously, that the General Court highly
approve of the conduct of Major General Sliepard, and
the militia of his division, for their exertions & spirited
defence of the Federal Arsenal at Springfield, against the
daring attempts and attack of the Insurgents.

February 5, 17 87.

Chapter 9.

Chan 9 RES0LVE 0N THE memorial of richard devens, esq;

1 ' GRANTING TWO THOUSAND POUNDS FOR CERTAIN SUP-

PLIES, AND DIRECTING THE TREASURER TO BORROW THE
SAME ON LOAN.

On the memorial of Richard Devens, Esq ; Commis-
sary General of this Commonwealth :

Resolved, that there be paid out of the Treasury of this
Commonwealth, to the Commissary General, the sum of
Two thousand pounds, for the purposes of finishing the
Goal, and repairing the Wharf on Oastle Island supply-
ing the Garrison and Prisoners there, and of supplying
the several Light Houses within this Commonwealth, he
being accountable for the same.

Resolved that the Treasurer of this Commonwealth be,
and he is hereby directed, to borrow on Loan, the sum of
two thousand pounds, or any part thereof, for the purpose
aforesaid, to be repaid from the monies that shall be first
paid into the Treasury on account of any Tax or Taxes
that are already issued, and which are not specially ap-
propriated. February 5, 1787.

Chap. 10 Chapter 10.*

[January Session, ch. 10, 1786.]

* Governor's message, see end of volume.

1786. — January Session. 431

Chapter 11.

RESOLVE FOR ADJOURNING THE COURT OF COMMON PLEAS (JJiayy. \\
. AND COURT OF GENERAL SESSIONS OF THE PEACE, TO THE ^'

FIRST TUESDAY OF APRIL NEXT.

Whereas the courts of common Pleas and General Ses-
sions of the peace, were by law to have been holden at
Barnstable, in and for the county of Barnstable, on the
first Tuesday of December last ; but by reason of the se-
verity of the weather, the Justices of the said court could
not meet, to open or hold either of said courts, whereby
many ill conveniences may arise : for remedy whereof,

Resolved that the Justices of the court of common Pleas
and the Justices of the court of General Sessions of the
Peace, for the aforesaid county, at their next term to be
holden at Barnstable, within and for the county of Barn-
stable, on the first Tuesday of April next, be, and they
hereby are respectively, fully authorized and impowered,
to proceed upon, hear and Determine all civil and crim-
inal processes, and all other matters and Things which were
legally pending in the said courts, at the Term which by
law might have been holden in December as aforesaid ; as
fully to all intents and purposes as by law they could have
done in the December term aforesaid.

February 6, 1787.

Chapter 13.

ORDER REQUESTING THE GOVERNOR TO APPOINT A DAY OF frLn/n 10
FASTING AND PRAYER. KjfUip. 14

Ordered, Unanimously, that his Excellency the Gov-
ernor be, and he is hereby requested, with the advice of
Council to issue his Proclamation for appointing a Day,
to be observed, as Soon as may be Convenient, for the
purpose of Solemn Fasting and Prayer ; That the People
may unitedly humble themselves before Almighty God,
under the heavy frown of Divine Providence, in permit-
ting the unnatural Rebellion which has taken place, and
now exists in this Commonwealth — giving thanks to God
for any favourable appearances, and imploring such mer-
ciful Interpositions for the future, as may be necessary
for the restoration of perfect tranquility, and the full
establishment of our Constitutional rights, liberties and
privileges. February 6, 1787.

432 1786. — January Session.

Chapter 13.

ChaW 13 RES0LVE RESPECTING THE PAY OF NON COMMISSIONED 0FF1-
^ ' CERS AND PRIVATES, AND THE MANNER IN WHICH THEY"

ARE TO BE PAID, &c.

Resolved that the Non Commissioned Officers & pri-
vates, who have been, now are, or shall hereafter be called
into public service, for suppressing the Rebellion which
now exists, shall be severally paid as follows, viz. Ser-
jeants, forty eight shillings. Corporals forty four shil-
lings. Drums & fifes, forty four shillings. Privates,
forty shillings per month ; and in like proportion for a
longer or shorter time.

And it is further Resolved that upon the Rolls being
made out by the proper Officers, and Approved of by the
Governor & Council, they will be discharged by the
Treasurer in Specie, with all the speed that is practica-
ble ; the most effectual measures possible having been
taken to borrow money for this purpose.

February 6>, 1787.

Chap. 14

Chapter 14.

RESOLVE ON THE PETITION OF BARCLAY FANNING, TO SHEW

CAUSE.

On the Petition of Barclay Fanning, representing that
he had lost his Law in an Action brought against him by
Isaac Golding, in Consequence whereof an Execution is
issued against him :

Resolved That the Prayer of the Petition, for Reasons
therein set forth, be so far granted, that the Petitioner be
directed to serve the said Golding with a Copy of his
Petition and this Order thereon, fourteen Days before the
next Sitting of the General Court, to appear on the second
Wednesday of the same, to shew Cause, if any he hath,
why the Prayer thereof should not be granted, and that
the Execution be stayed in the Mean Time.

February 6, 1787.

Chap. 15 Chapter 15.*

[January Session, ch. 15, 1786.]
* Governor's message, see end of volume.

1786. — January Session. 433

Chapter 16.

RESOLVE FOR RE-INLISTING TROOPS UNDER GENERAL LIN- Qhar) \Q
OOLN, AND GRANTING A BOUNTY; AND REQUESTING THE *

GOVERNOR TO ISSUE A PROCLAMATION FOR APPREHEND-
ING THE PRINCIPALS OF THE REBELS, AND OFFERING A
REWARD FOR THAT PURPOSE, AND TO REQUEST THE GOV-
ERNORS OF OTHER STATES TO ISSUE SIMILAR PROCLAMA-
TIONS.

"Whereas it is necessary, for the more effectual Protec-
tion of the good Citizens of this Commonwealth, and for
the entire Suppression of the present Rebellion, that a
military Force be kept up for a further Space of Time,
than that for which the Militia now serving under General
Lincoln, were detached.

Resolved That the Commander in chief of this Com-
monwealth, be, and he is hereby requested, to give
immediate Orders for the Enlistment of such a number
of men as he shall judge necessary, for the purposes
aforesaid, not exceeding fifteen hundred, to serve for the
space of four Months, unless sooner discharged ; the said
Men to be enlisted from those now in Service if the said
Number can be compleated from them, otherwise from the
People at large.

Resolved That there be allowed and paid out of the
public Treasury, from the Monies that may be loaned by
Virtue of an Act passed the present Session, for borrow-
ing the Sum of Forty Thousand Pounds, unto each able
bodied Man that shall enlist as aforesaid, the Sum of
twenty shillings, in advance of his Wages, established at
forty Shillings per month.

And it is farther Resolved that the Governor, with the
Advice of Council, be, and he is hereby requested, to
issue a Proclamation offering a Reward for apprehending
such of the Ringleaders or Principals in the present Rebel-
lion, as he shall judge- proper, not exceeding one hundred
& fifty pounds, for any one of them ; and that the Gov-
ernor be desired to write to the Governors of such of the
other States, as he may think proper, requesting them to
issue similar proclamations : at the same Time arivine:
assurances that any money advanced by them, will be
repaid by this State. February 8, 1787.

434 1786. — January Session.

Chapter 17.

CJiaV 17 V0TE 0N A TAPER SIGNED FRANCIS STONE, CHAIRMAN OF A
■*■ ' COMMITTEE OF CERTAIN OFFICERS FROM THE COUNTIES

OF WORCESTER, HAMPSHIRE, MIDDLESEX AND BERK-
SHIRE, WHO ARE IN ARMS AGAINST GOVERNMENT.

A Paper called a petition from the Officers of the Coun-
ties of Worcester, Hampshire, Middlesex & Berkshire,
now at arms, & signed by Francis Stone, Chairman of the
Committee from the above Counties, and addressed to the
General Court, was read, Whereupon,

Voted, That the said Paper cannot be sustained.

first. Because those concerned therein, openly avow
themselves to be at arms, & in a state of hostility against
the Government ; and for this reason alone the said paper
would be unsustainable, even if the tenor of the applica-
tion, had discovered a spirit suitable to the object of it.

secondly. Because it does not appear, what Officers,
or how many, are represented by the said Paper, or that
the said Stone, had authority from, any Officers whatever,
to make the application by him subscribed.

thirdly. Because the Applicants although they call
themselves petitioners, & acknowledge an "error" yet
consider that error only as " a failing ," and attempt, at
least in part, to justify themselves therein.

fourthly. The said Applicants appear to view them-
selves on equal, if not better standing, than the Legislature,
by proposing " a reconciliation."

fifthly. They appear to threaten the authority & Gov-
ernment of the Commonwealth, with a great effusion of
blood, unless this "reconciliation" can immediately take
place.

sixthly. They implicitly declare their determination
to continue in arms, unless all who now are, & who have
been in a state of open war with the Government, includ-
ing those who have been apprehended & are now in cus-
tody, as well as all others who have any way aided or
assisted in their cause, can have another full pardon
granted, for all offences, in addition to that which they
have so lately despised.

seventhly, If the paper presented had been a proper
petition, subscribed by the persons who desire a pardon,
& expressive of a due sense of their crime, with proper

1786. — Januaky Session. 435

resolutions of amendment, yet their engagements could
not be depended on ; as their cause has been supported
by a multitude of falsehoods ; and as no engagements can
be more solemn, than those made by the leaders of the
Rebels in the County of Middlesex, on the week before
the Judicial Courts sat last in the said County, that they
would not take any measures to obstruct the sitting of
the said Courts ; which engagements were so far regarded,
as to induce the commander in chief, to write counter-
orders to a considerable part of the Militia whom he had
ordered to be detached ; and yet those engagements were
on the next day violated. February 8, 1787.

Chapter 18.

RESOLVE ON THE EXAMINATION OF THE ACCOUNT OF ED-
WARD DAVIS, ESQ; AND iOTHERS, LATE GUARDIANS OF
THE DUDLEY INDIANS, DIRECTING THE GUARDIANS TO
PAY A BALANCE OF FOUR POUNDS EIGHTEEN SHILLINGS
AND TWO PENCE, TO SAID EDWARD DAVIS, AND OTHERS,
OUT OF THE PROFITS THAT SHALL ARISE OUT OF THE
SAID INDIANS ESTATES.

The Committee of both Houses, appointed to examine
the accounts of Edward Davis, Esqr ; and others, late
guardians of the Dudley Indians, have attended that ser-
vice, and ask leave to make the following report.

S. FREEMAN, Per Order.

That they find due from the said Guardians, to the
Dudley indians, as by a former settlement, which was
accepted by the General Court, the sum of Twenty pounds
one shilling and six pence, and also the further sum of
eighteen pounds, for two years income of said indians
land, since January the Twenty Ninth day, 1785 ; and
upon examining the said Guardians account of Disburse-
ments, it appears that they are right cast and well vouched,
amounting in the whole to forty two pounds nineteen shil-
lings and eight pence : It therefore appears, that a balance
is due to the said late Guardians from the aforesaid in-
dians, of the sum of four pounds eighteen shillings and
two pence. Therefore

Resolved that the present Guardians to the above-said
indians, pay to the aforesaid Edward Davis and others,
out of the profits that shall arise out of the said indians

Chap. 18

436 1786. — January Session.

estates, the abovesaid sum of four pounds eighteen shil-
lings and two pence, in full Discharge of all the demands
that the said late Guardians have against the indians
aforesaid. February 9, 1787.

Chapter 19.

Chan 19 RES0LVE 0N groton petition, empowering said town

V -t * TO CHOOSE A COLLECTOR, OR COLLECTORS TO COMPLEAT

THE COLLECTIONS OF ALL SUCH TAXES AS REMAIN DUE
UPON THE RATE-BILLS COMMITTED TO JOB SHATTUCK AND
BENJAMIN PAGE, AND DIRECTING THE SELECTMEN AND
ASSESSORS OF THE SAID TOWN IN THIS CASE.

Whereas it has Been Represented to this Court, by the
Selectmen of the Town of Groton, That Job Shattuck, now
a State prisoner, was Chosen a Constable for the said Town
for the year 1785, and had Taxes Committed to him to
Collect, the greater part whereof remaining unsettled :
That Benjamin Page, now a State prisoner, was Chosen
a Constable for the year 1786, and had taxes Committed
to him to Collect, no part of which has Been Settled ; and
that Jacob Lakin Parker, was also Chosen a Constable by
the Said Town for the year 1786, and Duly Sworn into
office, and has acted as an officer of that Denomination,
But has Neglected and refused to take the State rate to
Collect, altho the Same was Seasonably made and offered
to him. Therefore

Resolved, that the Said Town of Groton, be, and they
are hereby authorized and impowered, at a town meeting
warned for that purpose, to Choose a Collector, or Col-
lectors, to Compleat the Collections of all Such taxes as
remain Due upon Either of the rate Bills Committed to
the Said Shattuck and Page, and also the State rate
already made, which the Said Parker has refused to
receive and Collect.

and it is further Resolved, that the Selectmen and Asses-
sors of the Said Town of Groton, be, and they are hereby
authorized and impowered, to Demand and receive, the
Several tax Bills Committed to the Said Shattuck and
Page, and to Examine and ascertain the Ballances remain-
ins Due on Each, and to Commit the Same, and also the
State tax which the Said Parker refuses to take and Col-
lect, with the Assessors warrant, to the person or persons,
the Said town Shall Choose.

1786. — January Session. 437

And the Assessors of the Said town are hereby Directed,
to Certify, the Sum or Sums, that remain uncollected, on
any of the Bills, to the respective Treasurers to whom
they are Due, together with the name of the person or
persons Chosen and appointed to compleat the Said Col-
lections ; and the person or persons Chosen and appointed
as afores^ Shall have the same power and authority to
Collect Such Sum or Suras, as the Said Shattuck, Page
and Parker originally had, and Shall be under like obli-
gations to pay the Sum or Sums that remain to be Col-
lected on the Said Bills, to the -Several Treasurers to
whome they are respectively Due.

February 10, 1787.

Chapter 20.* Chap. 20

[January Session, ch. 20, 17S6.]

Chapter 21.* Chap. 21

[January Session, ch. 21, 1786.]

Chapter 22.* Chap. 22

[January Session, ch. 22, 1786.]

Chapter 23.

RESOLVE GRANTING TO SIMON STOW, NINETY-NINE POUNDS, pl„n OO
NINE SHILLINGS AND ELEVEN PENCE. Kjliap. £d

Resolved that the sum of Ninety nine pounds nine shil-
lings and eleven pence, be allowed to Simon Stow, of
Marlboro', Agent to the estate of Henry Barnes, late of
said Marlboro', an absentee, in full of his account as Agent
aforesaid ; and the Governour is requested, with advice
of Council, to draw his warrant accordingly.

February 14, 1787.

Chapter 24.

RESOLVE DISCHARGING SIMON STOW, AGENT TO THE ESTATE ChaV 24
OF HENRY BARNES, LATE OF MARLBOROUGH, OF A SUM "'

IN PAPER MONEY.

Whereas it appears, that Simon Stow of Marlborough,
hath in his possession, the sum of Eleven hundred and

* Governor's message, see end of volume.

438 1786. — January Session.

twenty one dollars, in paper money, which he received as
Agent to the Estate of Henry Barnes, Esq ; as appears by
his Account, settled by the Judge of Probate for that
County.

Therefore resolved, that the Treasurer of this Common-
wealth be, and he hereby is directed, to receive the said
paper money of the said Stoiv, giving duplicate receipts
therefor, one of which to be lodged with the Secretary.
And he the said Stoiv, upon the payment of the said money
to the Treasurer, is hereby discharged from the same.

February 14, 1787.

Chap. 25

Chapter 25,

RESOLVE ON THE PETITION OF JANE QUOTE, AUTHORIZING
THE SELECTMEN OF THE TOWN OF HARWICH, TO MAKE
SALE OF THE LAND MENTIONED.

On the petition of Jane Quoye, praying that a certain
piece of land may be Disposed of, as mentioned in Said
Petition, for reasons therein contained :

Resolved, that the Select Men of the Town of Harwich,
be, and they hereby are authorized and impowered, to
sell the land mentioned in the above said petition, for the
Most the same will fetch, and to make and execute a good
and lawful deed or deeds of the same, to the purchasor or
purchasors Thereof; and the money arising by such sale,
after paying reasonable charges of conveyance shall re-
main in the Hands of Said Select Men, or their successors
in that office, and be punctually applied to the payment
of such debts, as they find the petitioner hath contracted
for necessary things for her support ; and the remainder
shall be applied by the said Select Men, for the support
of the Said Jane, during her life ; and if any of s^ money
shall remain after her decease, the same Shall be applied
to the support of any other poor indian or indians, in the
said Town of Harwich, as the Select Men of Said Town,
for the time being, shall judge to be necessary.

February 14, 1787.

Chap. 26 Chapter 26.*

[January Session, ch. 26, 1786.]
* Governor's message, see end of volume.

1786. — January Session. 439

Chapter 27.

RESOLVE FOR ADJOURNING ESSEX COURTS TO THE FIRST Chap. 27
TUESDAY OF APRIL NEXT.

Whereas a Court of General Sessions of the peace, and
a Court of Common Pleas, are, by adjournment to be
holden at Salem, within and for the County of Essex, on
the third Tuesday of February instant. And whereas the
General Court will probably then be in Session, and the
Supreme Judicial Court is by law to be holden on the
same day, and it will be difficult, if not impracticable for
the Justices and Officers of the Courts herein first men-
tioned to attend upon the same, at the time to which they
are adjourned :

Resolved, that the Court of General Sessions of the
Peace, and Court of Common Pleas, which by adjourn-
ment should be holden at Salem, within and for the
County of Essex, on the third Tuesday of February in-
stant, be, and they hereby are adjourned to the first Tues-
day of April next, then to be holden at Ipswich, within
and for the County aforesaid ; and all writs, processes
and recognizances, returnable to, and all appeals made
to the said Court of General Sessions of the Peace, and
Court of Common Pleas, by adjournment to be holden at
Salem, as aforesaid, and all matters, causes and things,
that might have day, or that might be had, moved or
done, at, in or by the said Courts on the said Third Tues-
day of February instant, shall be returnable to and may
be entered, prosecuted, had, moved and done, at, in and
by the said Courts, at the time hereby appointed for hold-
ing the same. And the Secretary is hereby directed to
cause this Resolve to be published in the Massachusetts
Gazette. February 15, 1787.

Chapter 28.

RESOLVE ADMITTING CAPT. MATTHEW CLARK, TO BAIL, ON QhaV* 28
CERTAIN CONDITIONS. ■* '

Resolved that any two Justices of the Peace for the
County of Hamjishire, quorum uuus, be, and they are
hereby authorized and impowered, to admit to bail Mat-
thew Clark, late of Oolerain in s1-1 County, who is now
confined in the Goal in Northampton, in the same County,

440 1786. — Januabt Session.

he the said Matthew recognizing in the Sum of two hun-
dred Pounds, with sufficient Sureties in the like sum for
his appearance at the next Supreme Judicial Court, which
shall be holden in the same County, to answer to such
matters as shall be alledged against him, on Behalf of the
Commonwealth, and keep the Peace and be of the good
Behaviour in the mean Time. February 15, 1787.

Chapter 29.

Chap. 29 RESOLVE REQUIRING the collectors of taxes granted in

1 ' 1786, INSTANTLY TO EXERT THEMSELVES, AND COLLECT THE

SPECIE TAX, AND PAY THE SAME INTO THE TREASURY, WITH
DIRECTION TO THE COLLECTORS WITHIN 50 MILES OF BOS-
TON, AS ALSO TO COLLECTORS OF TAXES GRANTED PREVIOUS
TO 1784; AS ALSO DIRECTING THE TREASURER IMMEDIATELY
TO CALL UPON COLLECTORS, SHERIFFS &c.

Whereas it is necessary, that a Considerable Sum of
Money should be immediately procured to defray the
Expences incurred by Reason of the Detachments lately
made for the Suppression of the unnatural Rebellion now
existing in the Commonwealth, and for other Services
rendered to the public :

Resolved, that the Collectors of the public Tax, granted
in March, 1786, be, and they hereby are required, instantly
to exert themselves to collect, and pay into the Treasury
of the Commonwealth, immediately, that part of the said
Tax, which is to be paid in Specie ; and the Collectors of
the several Towns, within fifty Miles of Boston, are hereby
required to pay into the Treasury, all such Sums as they
shall be able to collect, within ten Days at farthest, after
the Receipt of this Resolve ; and the Collectors of the
several Towns at a greater Distance, are in like Manner
required, within thirty Days after the Receipt thereof, to
pay into the Treasury, the whole they shall be able to
collect.

and it is further Resolved, that the Collectors of Taxes
granted previous to the year 1784, be, and they hereby
are required, to urge upon the Delinquents in those Taxes,
the Necessity of an immediate Payment, either in Specie,
or the several Species of Articles, enumerated in an Act
passed November 8th, 1786 ; as the General Court will be
under the necessity of requiring the said Taxes to be paid
in Specie only, unless Payment is made in the Articles
afore- , without Delay.

1786. — January Session. 441

Resolved, that the good People of this Commonwealth,
be, & they hereby are called upon to give a Substantial
Proof of their attachment to our happy Constitution, &
their Regard to the Freedom & Safety of their Country,
by an immediate Payment of their Taxes.

And it is further Resolved, that the Treasurer of the
Commonwealth, be, & he hereby is directed, immediately
to call upon the Collectors of Taxes in the several Towns
of the Commonwealth, & upon the Sheriffs, to whom
Executions against such Collectors may have been com-
mitted, forthwith to collect & pay to the s- Treasurer, the
Sums which they are respectively authorized to collect,
or so great a Part thereof, as they shall be able to obtain.

Resolved, that the Seer? cause this Resolve to be printed
in the Independent Chronicle, and in hand Bills, and
forthwith to send one of them to each of the Sheriffs, & to
the Clerk of each of the Towns, Districts & Plantations,
within this Commonwealth, who are hereby required,
immediately on receipt thereof, to give notice of its Con-
tents to the Collectors of Taxes within their respective
Limits, who are concerned therein. February 17, 1787.

Chapter 30.*

RESOLVE REQUESTING THE GOVERNOR TO SEND GENERAL LIN- (Jhan 30
COLN, THREE HUNDRED POUNDS, FOR THE PURPOSE OF EN- "'

LISTING MEN FOR THE SERVICE OF GOVERNMENT FOR FOUR
MONTHS, AND TO INFORM HIM A FURTHER SUM WILL BE FOR-
WARDED.

Resolved that his Excellency the Governour be, and he
is hereby requested, immediately to send to General Lin-
coln, the sum of three hundred pounds, with instructions
to make use of the same, agreeably to his best judgment,
among the Officers and men under his command, for the
purpose of enlisting men for the term of four months,
agreeably to the resolve of the General Court, of the 8th
instant, passed for this purpose, with assurance, that upon
receiving information from him, of the number of men that
he can enlist for the term aforesaid, such a sum will be
immediately sent him, as will compleat twenty shillings
per man, for the number he shall inform may be enlisted
as aforesaid, not exceeding one thousand men, and as will

* Taken from court record.

442 1786. — January Session.

pay the Officers who shall command them, in the same
proportion. The money which shall be paid, to be con-
sidered as in advance of wages. February 17, 1787.

Chap. 31 Chapter 31.*

[January Session, ch. 31, 1786.]

Chap. 32 Chapter 32.*

[January Session, ch. 32, 1786.]

Chapter 33.

Chan 33 RES0LVE 0N THE petition of john vinal, attorney to
* ' ' THE inhabitants of fox island, in the county of

LINCOLN, ALLOWING THE INHABITANTS ONE YEAR TO FUL-
FIL THE CONDITIONS ENJOINED UPON THEM.

On the petition of John Vinal, Attorney to the inhab-
itants of Fox Island, in the County of Lincoln, pray-
ing that the Inhabitants of s- Island, may have a further
time allowed them for paying a Sertaine Sum of Hard
money into the Treasury of the Commonwealth, agreeably
to a Resolve of the Gen^ Court passed in Febr Last ; for
Reasons Set forth in s- petition :

Resolved that the prayer of s- petition be Granted, and
that the Inhabitants of s- Fox Island, be, and hereby are
allowed one year from the Date of this Resolve to fullfill
the Conditions Enjoyned upon them in the payment of
the money by the Resolve above mentioned ; any Resolve
to the Conterary Notwithstanding. February 19, 1787.

Chapter 34.

Chan S4 RES0LVE granting twelve pounds to john brown, esq;

"' ONE OF THE COMMITTEE OF SEQUESTRATION, FOR HIS

SERVICES.

Resolved, That there be paid out of the Treasury of this
Commonwealth, to John Brown Esq. the sum of Twelve
pounds three shillings, and one penny, being a ballance
due to the said Brown, as one of Committee of Sequestra-
tion, as appears by a Certificate to His Excellency the

* Governor's message, see end of volume.

1786. — January Session. 443

Governour and the Hon^ Council, of Jan^ 12, 1785, from
John Deming, Thomas Walle// and Peter Boyer, Com--
appointed to settle with the Com1-?- of Sequestration.

February 19, 1787.

Chapter 35.

THE GOVERNOR'S MESSAGE, REQUESTING HIM TO Chap. 35
ERAL WARNER, FIVE HUNDRED POUNDS, FOR ^

RESOLVE ON

SEND GENERAL

THE PURPOSE OF ENLISTING MEN

Resolved that his Excellency the Governor be, and he
hereby is requested, immediately, to send to General
Warner, at Worcester, the Sum of five hundred pounds,
with Instructions to improve the same for the Purpose of
raising a Regiment of five hundred men, to be enlisted for
the Term of four months, unless sooner discharged, agree-
ably to a Resolve of the 8-th of Feby current, the said Regi-
ment to be considered as part of the men provided for, by
a Resolve of the 17* Instant.

And it is further Resolved, that his Excellency the Gov-
ernour be, & he hereby is requested, if he shall think it ad-
viseable, to give the necessary Orders for raising a Troop
of sixty Horse, to assist the civil Officers in arresting the
leaders of the present Rebellion, and their Abettors, that
they may speedily be brought to Justice.

February 19, 1787.

Chapter 36.

RESOLVE ON THE PETITION OF SAMUEL PERRY, AUTHORIZING f<J7nn Qfi
JOSEPH TWITCHELL, TO CONFIRM, SAID PERRY'S TITLE TO Kj'iaV% OU
THE LAND MENTIONED.

On the petition of Samuel Perry, Praying that Joseph
Tiuitchell, the only Surviving Guardian to JSTatick Indians,
be orthorized to Confirm the aforesaid Perry's title to Cer-
tain Lands ; and for reasons Set forth in Said Petition :

Resolved, that the Prayer of the Petition be so far
granted, that Joseph Tivitchell, the only Surviving Guar-
dian to Natich Indians, be, and he hereby is authorized and
empowered, on application, to confirm Said Perry's title
or titles to Said Land or Lands in as full and ample a
manner, as all the Guardians Could do, if they were now
living. February 20, 1787.

444 1786. — January Session.

Chapter 37.

Chart 37 RES0LVE 0N THE petition of the selectmen of the town

^ ' OF P1TTSTON, DIRECTING THE TREASURER TO CREDIT SAID

TOWN FOR THE SUM MENTIONED.

On the petition of the Selectmen of the Town of Pitts-
ton, setting forth, that the said Town was not credited for
the average price of three men, whom they procured to
serve for three years in the Continental Army : And it
appearing that the facts therein stated are true :

Resolved, that the Treasurer be, and he is hereby di-
rected, to credit the said Town of Pittston, for the sum
of Two hundred and fifty six pounds nineteen shillings,
it being the Average price of the men, who served for
three years in the Continental Army, agreeably to a re-
solve of Dec. 2?, 1780. February 20, 1787.

Chapter 38.

Chan 38 RES0LVE allowing the accounts of the county treas-

1 ' URER FOR THE COUNTY OF MIDDLESEX, AND GRANTING A

TAX OF SEVEN HUNDRED AND FIFTY POUNDS ON THE
INHABITANTS.

Whereas it appears upon Examination of the Treas-
urer's accounts for the County of middlesex, that they
are Right Cast and well vouchd, and that all the monies
granted and allowed by the Court of General Sessions of
the peace for the Said County, for the year 1786, were for
Such purposes and appropriations as by Law the Said
Court were Empowered to provide for :

therefore Resolved, That the Said accounts be accepted
and allowed.

And whereas it appears from an estimate of the Justices
of Said Court, made the Second Tuesday of November,
1786, that the sum of Seven Hundred and fifty pounds,
will be Necessary for Defraying the charges of Said
County for one year next ensuing : therefore

Resolved, that there be, and hereby is Granted a tax of
Seven Hundred and fifty pounds, to be apportioned and
assessed on the Inhabitants of Said County and the Estates
lying within the Same, and to be Collected, paid and ap-
plied for the use of the Said County, according to the
Laws of the Commonwealth. February 20, 1787.

1786. — January Session. 445

Chap. 39

Chapter 39.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE
TOWNS OF PORTLAND, FALMOUTH, AND NORTH-YARMOUTH
AND GORHAM, IN THE COUNTY OF CUMBERLAND, DIRECT-
ING THE SECRETARY TO CAUSE ALL SUCH ACTS AND RE-
SOLVES AND OTHER DOINGS OF THE LEGISLATURE, WHICH
RESPECT THE COMMONWEALTH IN GENERAL, OR THE SAID
COUNTIES, TO BE PUBLISHED IN THE PAPERS PRINTED AT
PORTLAND, AND ALL PUBLICATIONS RESPECTING THE
COUNTIES OF HAMPSHIRE AND BERKSHIRE, TO BE PRINTED
IN THE NORTHAMPTON PAPER.

Resolved, that the Secretary be, and he hereby is di-
rected, to cause all such Acts, Resolves and other Doings
of the Legislature, which respect the Commonwealth in
general, or the Countys of York, Cumberland and Lin-
coln, or either of them in particular, and which shall be
thought necessary to be inserted in any of the Boston
News papers, to be also published in the Papers Printed
at Portland in the County of Cumberland; And to cause
all such Acts, Resolves and Doings as aforesd, which re-
spect the Commonwealth in general, or the Countys of
Hampshire and Berkshire, or either of them in particular,
and which shall be thought necessary to be inserted in any
of the Boston News Papers, to be also published in the
Papers printed at Northampton in the County of Hamp-
shire.

And it is further resolved that all such Advertisements
for the Sale of non-resident's Lands, for payment of Taxes,
as by Law are directed to be inserted in any Boston News
paper, shall in future be also published in the paper printed
at Portland, when the Lands to be sold lie in either of
the Countys of York, Cumberland or Lincoln, and in the
Northampton Paper, when the Lands are in the countys
of Hampshire or Berkshire ; any Law or Resolve to the
contrary notwithstanding. February 20, 1787.

Chapter 40.

RESOLVE EMPOWERING THE TREASURER TO BORROW MONEY (rLn,n AC)
OF THE BANK, ONE THOUSAND AND FIVE HUNDRED ^,laP' ^U
POUNDS, AND TO PAY A BALANCE OUT OF THE FIRST
MONIES THAT SHALL COME INTO THE TREASURY WHICH
WAS ADVANCED FOR THE EXIGENCIES OF GOVERNMENT.

Resolved, That the Treasurer be, and he hereby is em-
powered, to borrow of the President and Directors of the

446 1786. — January Session.

Massachusetts Bank, the Sura of Fifteen Hundred Pounds,
for the purpose of enlisting the men proposed to be raised
for the Suppression of, and defraying the Expences in-
curred in the present Rebellion ; the said money to be
replaced from the Subscriptions on the Loan of Forty
Thousand Pounds, the said Treasurer was empowered to
borrow by an Act passed the present Session, which Sub-
scriptions shall be lodged with the said President and
Directors, to be to them paid, until the said Sum of Fif-
teen Hundred Pounds is compleated ; and the said Treas-
urer is further directed to pay out of the Monies that
shall first come into the Treasury, a Bal lance due to the
said Bank, which was advanced for the Exigencies of
Government, and lent on the promise of being so paid.

February 20, 1787.

Chap. 41

Chapter 41.

RESOLVE ON THE PETITION OF LTDIA SPEAN, AN INDIAN
WOMAN, EMPOWERING HER TO SELL LAND MENTIONED.

On the petition of Lydia Spean, an Indian Woman,
praying that the Guardians of the Said Lydia may sell
eighteen acres of Land belonging to the Said Lydia, for
reasons Set forth in Said petition :

Resolved, that the Guardians of the Said Lydia be, and
they hereby are empowered, to sell the aforesaid land by
public Vendue or private Sale, as they shall think best,
and execute a good deed or deeds to the purchaser or pur-
chasers of the aforesaid land : the money arising by Said
Sale to be appropriated to the use of the Said Lydia, at
the discretion of the Said Guardians ; Said Guardians to
be accountable for Said money. February 20, 1787.

Chapter 42.

Chart 4-9 RESOLVE ON THE PETITION OF STEPHEN JOXES, AND SARAH
Ky/lup. <±A HILL, EMPOWERING THE ADMINISTRATRIX TO GIVE A GOOD
DEED OF THE LAND MENTIONED.

On the Petition of Stephen Jones & Sarah Hill, pray-
ing that the said Sarah may be impowered to give and
execute a Deed of Seven Acres of Land, in Machias, there
numbered One, to them the said Stephen & Ichabod
Jones; for reasons set forth in said petition :

Resolved, that the said Sarah, Administratrix on the
Estate of her late husband, Obediah Hill, be, & she

1786. — January Session. 447

hereby is impowered, to give & execute a Good & law-
ful deed of the Land mentioned in the said petition, to
them the said Stephen & Ichabod, upon their giving her
the said Sarah, a deed of a mill, as mentioned in said
petition, to the use of the heirs of the deceased, agreeable
to the prayer thereof; the said Sarah, to be accountable
for the Profits of said Mill, to the heirs of the said Obe-
diah, deceased. February 20, 1787.

Chapter 43.

RESOLVE ON THE PETITION OF LIEUT. BARTLETT BINDS, AND Qhaj) 43
THE INVALIDS THAT ARE DOING DUTY ON CASTLE-ISLAND, 1 '

DIRECTING THE COMMISSARY OF PENSIONERS TO CERTIFY
TO THE COMMANDING-OFFICER THE SUM DUE, AND THE
COMMISSARY-GENERAL TO FURNISH A BLANKET TO EACH
OF THEM.

On the petition of Lieutenant Bartlett Hinds:
liesolved that Lieutenant Bartlett Hinds, and the in-
valids that are Doing duty on Castle Island; and also
such other pensioners as may hereafter be called upon to
do Duty there (agreeably to a Resolve of the General
Court passed the eighth of July last) be paid according
to the establishment made for the Garrison on said Castle
Island, including their pensions : and the Commissary of
Pensioners is hereby directed to certify to the Command-
ing officer of the aforesaid Garrison, the particular sum
each invalid, Doing duty in said garrison, receives per
month as a pension ; and the said Commanding officer is
directed, in making up the Garrison Rolls, to Govern
himself accordingly ; their pay to commence on the day
they enter upon the Castle. And it is further

liesolved, that the Commissary General be, and he
hereby is Directed, to furnish each of said invalids with
a blanket, if they desire it, the prise of the same to be
Deducted out of their wages. February 21, 1787.

Chapter 43a.*

RESOLVE RELATIVE TO THE APPOINTMENT OF COMMISSION- ^7 in.

ERS, TO MEET OTHER COMMISSIONERS IN THE UNION, AT C/W/?.'±OA
PHILADELPHIA, ON THE SECOND OF MAY NEXT, GIVING
THEM INSTRUCTIONS AND IMPOWERING THE GOVERNOR TO
FILL UP ANY VACANCY.

The committee of both Houses appointed to consider
the Governor's Message of the 2d of October last, enclos-

* Not printed in previous editions.

448 1786. — January Session.

ing with other papers a letter from John Dickinson Esqr.
Chairman of the Commissioners, lately assembled at
Annapolis for the purpose of forming commercial regu-
lations for the United States, &c. submit the following
resolve for consideration.

S. ADAMS. # Order.

Resolved that five Commissioners be appointed, by the
General Assembly, who, or any three of whom, are here-
by empowered, to meet such Commissioners, as are or
ma}r be appointed by the Legislatures of the other States
in the Union, at Philadelphia, on the second day of May
next, & with them to consider the trade & commerce of
the United States ; & how far an uniform system in their
commercial intercourse & regulation, maybe necessary for
their common interest & permanent harmony ; —

And also to consider, how far it may be necessary to
alter any of the articles of the present Confederation, so
as to render the Constitution of the federal Government,
more adequate to the exigences of the Union ; & what
further powers may be necessary to be vested in Congress
for the common welfare & security, & with them to form
a report for that purpose, — Such alterations & additions
as may be made, to be however consistent with the true
republican spirit & genius of the present articles of Con-
federation.

Provided, that the said Commissioners on the part of
this Commonwealth, are hereby particularly instructed,
by no means to interfere with the fifth of the articles of
the Confederation, which provides, " for the annual elec-
tion of Delegates in Congress, with a power reserved to
each State, to recall its Delegates or any of them, within
the Year, and to send others in their stead for the remain-
der of the Year — And which also provides, that no person
shall be capable of being a Delegate, for more than three
years in any term of six years, or being a Delegate, shall
be capable of holding any Office under the United States,
for which he, or any other for his benefit, receives any
salary, fees, or emolument of any kind."

The report of the said Commissioners, from the several
Legislatures, to be laid before the United States in Con-
gress assembled, to the intent, that if they shall judge it
proper, they may recommend the said report or any part
of it to the Legislatures of the several States for their

1786. — January Session. 449

consideration, and if agreed to by them, that the same
may become a part of the Confederation of the United
States.

And if any of the Commissioners who shall be appointed
by the General Assembly, shall resign, or by death, or
otherwise, be prevented from attending the said Conven-
tion, it shall be in the power of the Governor with the
advice of Council to supply any vacancy that may take
place as aforesaid, and he is requested to supply such
vacancy accordingly. February 22, 1787.

Chapter 44.

RESOLVE REQUESTING THE GOVERNOR TO FORWARD TO GEN-
ERAL LINCOLN, SIX HUNDRED AND FIFTY POUNDS, TO
COMPLEAT THE ENLISTMENT OF MEN, AND TO ADVISE
GENERAL LINCOLN, THAT AN ESTABLISHMENT FOR THE
OFFICERS IS NOT YET DETERMINED UPON; AND TO GIVE
ORDERS RESPECTING THE MONEY LODGED IN GENERAL
WARNER'S HANDS.

Resolved, That his Excellency the Governor be, & He
is hereby requested, to forward, agreeably to General
Lincoln's proposals, the Sum of six hundred d3 fifty
pounds in specie, in order to compleat the Inlistment of
one thousand Men, agreeably to a Resolve of the General
Court, passed the 19th Instant. That his Excellency be,
& He hereby is further requested, to advise General Lin-
coln, that an Establishment for the Officers is now under
the consideration of the General Court, and will probably
be soon made, and forwarded immediately after ; And that
he pay to the Officers, who may engage, such Sums as, in
his opinion, may amount to the probable pay of half a
month each, they being accountable.

Resolved, that his Excellency the Governor be requested
to give such orders respecting the Monies lodged in the
Hands of General Warner, as He may think proper.

February 23, 1 787.

Chapter 45.

RESOLVE POSTPONING THE DRAWING OF THE LOTTERY FOR
THE SALE OF FIFTY TOWNSHIPS OF LAND BETWEEN
rENOBSCOT AND SCHOODUCK RIVERS, TO THE THIRD
WEDNESDAY IN JUNE NEXT.

Resolved, that the Lottery for the Sale of fifty Town-
ships of land between Penobscot and Schooduc rivers,

Chap. 44

Chap. 45

450 1786. — January Session.

Established by an act of the General Court, made and
passed in Nov. 1786, Enacting that the Said Lottery shall
be drawn, in Boston, on the first Wednesday of March
next, be and hereby is Postponed, until the third Wednes-
day of June next, at which time and place, the Said Lot-
tery shall be Drawn, any thing in said act to the Contrary
Notwithstanding. February 23, 1 787.

Chapter 46.

Chaw. 46 RESOLVE FOR granting licences in the several coun-

1 ' TIES WHERE THE COURTS OF GENERAL SESSIONS OF THE

PEACE, HAVE BEEN PREVENTED FROM SETTING AT THE
TERMS ESTABLISHED BY LAW.

Whereas the Courts of General Sessions of the Peace in
several of the Counties within this Commonwealth, were
prevented from sitting at the terms established by Law
for granting licences to Innkeepers and Retailers of spir-
ituous liquors for the present year : Therefore

Resolved that in each County within this Commonwealth,
where licences have not been granted to innkeepers &
retailers of spirituous Liquors for the present year, the
Justices of the Court of General Sessions of the Peace, at
their Sessions next to be holden in the said Counties after
the passing this resolve, be, & they are hereby respectively
authorized and empowered, to grant licences to innkeepers
& retailers of spirituous liquors, as they might by Law
have done at the licence term aforesaid, so as the follow-
ing resolve be strictly adhered to.

And it is further Resolved, that no person shall be
licenced by virtue of the foregoing resolve at any Court
of General Sessions of the Peace, to be holden as afore-
said, untill he shall produce satisfactory evidence to the
said Court, that he has been, and is firmly attached to the
Constitution of this Commonwealth, and shall take and
subscribe the following oath :

I A. B. do swear, that I will bear true faith and alle-
giance to the Commonwealth of Massachusetts, and that I
will to the utmost of my power, defend the Constitution
and Government thereof, against traiterous conspiracies,
and all hostile and violent attempts whatsoever.

And no licenced person shall have his licence renewed,
unless he shall also produce a certificate from the Collector
of Excise of the same County, that he has paid his excise,
up to the first day of November last.

1786. — January Session. 451

And be it further Resolved, that all recognizances that
were returnable into any Court of General Sessions of the
Peace, which has been prevented from sitting as aforesaid,
shall have day, and be proceeded upon at the next session
of such Court, that shall be held after the passing of this
resolve, in the same manner, as they might have been pro-
ceeded upon, at the term established by law for that pur-
pose, had the said Court not been then prevented from
sitting as aforesaid.

And it is further Resolved, that the Collectors of excise
and impost in the several Counties in this Commonwealth,
be, and they hereby are directed, without delay, to collect
all the duties and excise that remain due to them respec-
tively ; and to prosecute according to law, all persons what-
soever, that sell without licence ; and all those persons,
that do not obtain a renewal of their licence, and who
neglect to settle with the Collectors.

February 23, 1787.

Chapter 47.

RESOLVE FOR PAYMENT OF THE MEMBERS OF THE GENERAL
COURT, OUT OF THE SPECIE PART OF THE TAX GRANTED
MARCH, 1786, DIRECTING THE TREASURER IN THIS CASE.

Resolved, that the Treasurer be, and he hereby is
directed, to pay the Members of the Honourable Council,
and the Members of the General Court, for their Travel
and Attendance the present Session, and also the Ballances
due on past pay Roles to Members of Council, and of the
General Court, out of the specie Part of the Tax granted
in March, 1786, and appropriated for the Support of
Government, or out of any the back Taxes that are to be
paid in specific Articles, as they shall choose.

February 23, 1 787.

Chapter 48.

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE
GENERAL COURT.

Resolved, that there be paid out of the Treasury of the
Commonwealth, the sum of eight shillings, to each Mem-
ber of the Honble. Council, and the sum of Seven /Shil-
lings and sixpence, to each Member of the Honble. Senate,
and the sum of seven shillings, to each Member of the
House of Representatives, for each day they have respec-
tively attended the Council, or the General Court, the

Chap. 47

Chap. 48

452 1786. — January Session.

present session ; Also the further Sum of one Day's pay
for every ten miles distance each Member lives from this
place.

And it is further Resolved, That there be granted and
paid out of the Treasury of this Commonwealth, to the
Honble. Samuel Phillips, junr. Esq ; President of the
Senate, the sum of Six Shillings per Day ; and to the
Honble. Artemas Ward, Esq; Speaker of the House of
Representatives, the sum of Six Shillings per Day, for
each Day's attendance on the General Court at their pres-
ent Session, over and above their respective pay as Mem-
bers thereof. February 24, 1787.

Chapter 49.

Char>. 49 RES0LYE granting two hundred pounds to the hon.

"' NATHANIEL GORHAM, ESQ; TO ENABLE HIM TO GO ON TO

CONGRESS.

Resolved that there be allowed and paid out of the Treas-
ury of this Commonwealth, to the Honbl. NatJd Gorham,
Esqr ; the Sum of Two hundred pounds, he being about
to proceed to Congress as one of the Delegates from this
Commonwealth ; he to be Accountable for the Same.

February 24, 1787.

Chap. 50

Chapter 50.

ESTABLISHMENT FOR THE PAY OF THE OFFICERS IN THE

SERVICE.

The Committee of both Houses, appointed to consider
of, & report an Establishment for the Officers in the ser-
vice of the Commonwealth, beg leave to report the fol-
lowing, & ask leave to sit again.

STEPHEN CHOATE. Per Order.

£.

</.

Major General, .

Brigadier General,

Adjutant General,

Deputy Adjutant-* i en-

Quarter Master Gen-

eral,

Deputy Quarter Mas-

Brigade Major, .

ter, ....

Brigade Quarter Mas-

Aid de Camp,

ter, ....

Colonel,

Lieutenant Colonel, .

Major,

Captain,

Lieutenant,

Ensign,

Adjutant, .

Quarter Master,

Surgeon,

Surgeon's Mate,

Serjeant Major, .

Quarter Master Ser-

Drum Major,

jeant,

Clerk,

Fife Major,

178G. — January Session". 453

And that the same rations be allowed, as by the last
establishment for the Continental army.

February 25, 1787.

Chapter 51.

REPORT OF THE COMMITTEE ON THE GOVERNOR'S MESSAGE, QJiqj) 5I
REFERRING THE SUBJECT MATTER OF THE LAST REQUISI- -* '

TIONS OF CONGRESS, TO THE NEXT GENERAL COURT, FOR
REASONS MENTIONED.

The Committee of both Houses, appointed on the Gov-
ernor's message of the 14th instant, respecting the last
Requisitions of Congress, have attended the Service
assigned them, and ask leave to report as their Opinion,
that considering this Commonwealth has been, and still is
involved in a State of actual War, it is impracticable,
immediately to order an assessment of the Sums required
of this State in that Requisition, and that the same be
referred to the next General Court which is submitted.

SAMUEL BAKER, per order.
Read and accepted.

February 26, 1 787.

Chapter 52.

RESOLVE ON THE PETITION OF FRANCIS DAXA, ESQ. CkttD 52

On the Petition of Francis Dana, Esqr ; setting forth,
that he is in danger of sustaining the Loss of a consider-
able sum of Money by the want of a proper provision in
the Act entitled, " An Act for rendering Processes in Law
less expensive," to prosecute any Actions and Suits against
absconding Debtors, their Factors or Agents, and praying
that he may be authorized to commence any such Action
or Suit against any absconding Debtor, his Factor, Agent,
Trustee or Attorney, and the same to prosecute to final
Judgment and Execution, in like manner and form, as he
might have done in Virtue of the Laws of this Common-
wealth in such Cases provided, had not the above men-
tioned Act been made, any thing therein to the contrary
notwithstanding.

Resolved that the Prayer of the said Petition be granted.

February 26, 1787.

454 1786. — January Session.

Chapter 53.

Chap. 53 RESOLVE OF THE HOUSE, REQUESTING THE GOVERNOR WITH
1 ' ADVICE OF COUNCIL, TO TAKE SUCH MEASURES WITH

CAPT. MOSES HARVEY, AS HE MAY THINK PROPER.

The Governour having informed the House that Captain
Moses Harvey, a member of this House, is now in custody,
on suspicion of favouring the present rebellion :

Resolved, as the sense of this House, that His Excel-
lency the Governour, with the advice of Council, be re-
quested to take such measures respecting the said Capt.
Moses Harvey, as His Excellency may think proper, the
said Harvey's being a member of this House notwith-
standing. February 26, 1787.

Chapter 54.*
Chan 54 RESoLYE directing the plantations called browx-

"* ' FIELD, AND FRAXCISBORO' IN THE COUNTY OF YORK, OF

RAYMOXDSTOX, OTISFIELD, BRIDGETOX, IN THE COUNTY
OF CUMBERLAXD, AND OF THE PLANTATIONS OF CAXAAX,
No. 1, No. 3. No. 4, No. 5, No. 6, AND No. 22, IN THE COUNTY OF
LIXCOLX, TO CHOOSE THREE MEET PERSONS AS ASSESSORS
IN EACH OF SAID PLANTATIONS, IN MARCH OR APRIL NEXT,
TO TAKE A VALUATION OF ALL THE RATEABLE ESTATE OF
EVERY PERSON IN THEIR RESPECTIVE PLANTATIONS, AND
THE SHERIFFS OF THE COUNTIES OF YORK AND CUMBER-
LAXD, TO STAY EXECUTIONS; AND THE SECRETARY IS
DIRECTED TO SEND A COPY OF THIS RESOLVE TO EACH
OF THE PLANTATIONS.

Resolved, That the plantations called Broivnfield and
Francisboro' in the County of York; of Raymondston,
Otis field and Bridgeton, in the County of Cumberland,
and the plantations of Canaan, No. 1, No. 3, No. 4, No. 5,
No. 6, and No. 22, in the County of Lincoln, be, and they
hereby are directed, to choose three meet person^ as as-
sessors in each of the said Plantations, in the month of
March or April next, who are hereby ordered, after hav-
ing been sworn faithfully to discharge the trust hereby
assigned them, to take a valuation of all the rateable es-
tate of every person in their respective plantations, also
the number of polls, agreeably to the schedule, on which
the last valuation was taken, and to require the same to
bo given on oath where they shall judge it necessary,
which oath they are impowered to administer; and the
same to return into the Secretary's Office, on or before

* Taken from court record.

1786. — Janttary Session. 455

the last day of May next, in order that the General Court
may be enabled to make such abatements as the circum-
stances of the plantations aforesaid, and the situation of
the Commonwealth, may require.

And it is further Resolved, that the Sheriffs of the
Counties of York and Cumberland, are hereby directed
in the mean time to stay the executions they severally
have against the Plantations of Raymondston, Brownfield,
and Bridgeton, for taxes. And the Secretary is hereby
directed to send a copy of this resolve to each of the
plantations named therein, together with a copy of the
schedule, by which the last valuation was required to be
returned. February 27, 1787.

Chapter 55.

RESOLVE ON THE PETITION OF EBENEZER TORRET, DIS- fl}tn-n CC
CHARGING HIM OF THE PENALTY, ON CONDITION THAT HE Kj'laV' °°
PAY WITHIN ONE MONTH FROM THIS DATE, FIFTY POUNDS
IN CONSOLIDATED SECURITIES.

On the petition of Ebenezer Torrey, praying to be re-
leased from the penalty of fifty pounds, in curred by the
non appearance of Joseph Mann Chever, at the Supreme
Judicial Court at Boston, in February last past, (the said
Joseph being charged with a criminal offence) for whose
appearance, the said Ebenezer was surety, and from which
charge, the prosecutor released the said Cheever, so far as
it Related to three fold Damages.

Resolv-, that the prayer of the said petition be so far
granted, that the said Ebenezer Torrey, be, and hereby is
discharged of the said Penalty, on condition that he shall
pay into the Treasury office of this Commonwealth, within
one month from this date, fifty pounds in the consolidated
securities of this Commonwealth, and take duplicate re-
ceipts /or the same, one of which to be lodged in the Sec-
retary's Office. February 27, 1787.

Chapter 56.

RESOLVE AUTHORIZING ANY TWO JUSTICES OF THE PEACE, ™ rn

QUORUM UNUS, TO ADMIT TO BAIL ANY PERSONS CON- ^^aP' GD
FINED IN THE GOAL IN THE COUNTIES OF WORCESTER,
HAMPSHIRE AND BERKSHIRE, BEING THERETO REQUESTED
BY ANY COMMANDING OFFICER IN EITHER OF SAID COUN-
TIES, WITH A PROVISO.

Whereas it is expedient, under the present circum-
stances, that some persons be admitted to bail, who have

456 1786. — January Session.

been or may be confined in Goal in the Counties of Hamp-
shire, Worcester and Berkshire, for treason or misprison
of Treason :

Resolved that any two Justices of the Peace, quorum
anus, in either of the Counties abovementioned, be, and
they hereby are authorised and empowered, if they shall
think it expedient, and shall be thereto requested by any
General Officer commanding the troops in either of the
said Counties, to admit to bail, any person confined or
that may be confined as aforesaid, whose liberty shall not
be tho't dangerous to the public safety, such persons pro-
curing sufficient sureties for their appearance at the Su-
preme Judicial Court, next to be holden in such County,
and for their keeping the Peace, and being of good be-
haviour in the mean time.

Provided nevertheless, that nothing in this resolve shall
be taken to authorize the enlargement of any person con-
fined by warrant issued by the Governour with advice of
the Council. February 27, 1787.

Chapter 57.

Chap. 57 RESOLVE ALLOWING THE TREASURER'S accounts for the
Jf' COUNTY OF YORK.

Whereas it appears upon Examination of the Treasurer's
Accounts for the County of York, that they are right cast
and well vouched, to August A. D. 1786, and that the
monies therein charged were applied for purposes by Law
allowed : Therefore

Resolved, That the said Accounts be accepted and
allowed. February 27, 1787.

Chapter 58.

Chav 58 GRANT 0F FIFTY pounds to general shepard, out of
■*■ ' the money borrowed of the bank for sundry ex-

penditures.

Resolved, that his Excellency the Governor be, and he
Hereby is requested, to send to Major General Shepard,
fifty pounds in Specie, from the loan of fifteen hundred
pounds, which was obtained for the purpose of enlisting
of One thousand men ; said Shepard, to be accountable
therefor. February 27, 1787.

1786. — January Session. 457

Chapter 59.

RESOLVE ON THE PETITION OF JONATHAN HAMILTON, EM- (J]iaj) 59
POWERING JOHN HILL, ESQ; TO PERAMBULATE THE LINES ^'

BETWEEN SHAPLEIGH, AND SEVERAL STRIPS AND GORES
OF LAND DESCRIBED IN A PLAN, REPORTED IN MARCH, 1784,
AND TO EXAMINE INTO ALL TRESPASSES, ILLEGAL ENTRIES,
&c. AND ALSO THE LINE BETWEEN LEBANON, &c.

Resolved, That John Hill, Esqr ; be, and He is hereby
empowered and directed, to perambulate the Lines be-
tween Shapleigh, and several Strips or Gores of Land
described in a Plan reported to the General Court, in
March, 1784, by the Committee appointed by a Kesolve
of May first, 1781, to examine into all Trespasses and
illegal Entries, &c. as being Lands then belonging to this
Commonwealth, and also the Line between Lebanon, and
one of the said Gores, in which are contained Lands sold
by a Committee of the General Court to Samuel Andrews
and others ; And the said Hill, is directed to ascertain the
Contents of the last mentioned Strip or Gore, and of one
other Gore, in which are contained Lands sold by the
said last mentioned Committee to Morrison and others ;
and to employ some able and disinterested Surveyor in
the said Business, who shall be under Oath, in order
more fully to determine the real Quantity of the two last
mentioned Strips, and Gores, and more particularly the
Contents of the Lands, sold by the said last mentioned
Committee to the said Sam1 Andrews and to Jonathan
Hamilton; And the said Hill is further directed, to ap-
point a Time for the running of the said Lines, and to
give Notice thereof to the Selectmen of Shapleigh and
Lebanon, at least Ten Days beforehand, And to make Re-
port of his Doings to the next General Court, sometime
in its first Sitting.

And the Secretary is directed to furnish the said Hill,
with a Copy of the Plan above refered to, and of this
Resolve. February 28,1787.

Chapter 60.

RESOLVE ON THE PETITION OF THOMAS PORTER, DIRECTING fl],n^ (if)
THE TREASURER TO RECALL THE EXECUTION MENTIONED. ^'laP' DU

On the Petition of Thomas Porter, praying that he may
be discharged from a Fine of Eighty jive Pounds thir-
teen shillings, for reasons set forth in said Petition.

458

1786. — January Session.

Resolved, That the Treasurer of this Commonwealth be,
and he is hereby directed, to recall the Execution issued
against the said Thomas Porter, and to proceed no further
thereon, till y? further Order of this Court ; provided,
That he the said Thomas, shall Pay the Charge that has
arisen. February 28, 1787.

Chapter 61.

Chan 61 REs°LVE establishing the pay of cavalry and artil-

■!■ ' LEUY, CALLED INTO THE SERVICE OF GOVERNMENT.

The Committee of both Houses, appointed to report an
establishment for the Officers called into service, ask per-
mission to report further as follows.

STEPHEN CHOATE, per order.

Resolved, That whenever the Cavalry and Artillery, or
any detachment thereof, are called into service, the Of-
ficers & Soldiers shall be paid for each month they shall
continue in service, & in proportion for a longer or shorter
term, agreeably to the following establishment: and the
Officers shall respectively be allowed the same Rations, as
were allowed to Officers of the same rank in the Conti-
nental army, in the late War, viz.

Establishment fob the pay of the Cavalry.

£. s.

£.

Colonel, .

18 15

Lt. Colonel,

. 15

Major,

12 0

Captain,

. 10

First & Second Lieu-

Cornet,

tenants each, .

6 13

Quarter Master, .

. 6

Adjutant, .

6 13

Surgeon,

. 12

Trumpet Major,

3 6

Serjeant,

. 3

Surgeon's Mate,

8 0

Private,

. 2

Trumpeter,

8 0

ESTABLISHME

NT FOR THE

PAY OF THE ARTIL

LERY.

Colonel,

20 0

Lieutenant Colonel

. 15

Major.

12 10

Captain,

. 10

Captain Lieutenant,

6 13

First Lieutenant,

. 6

Second Lieutenant,

6 13

Adjutant, .

. 6

Quarter Master, .

6 13

Surgeon,

. 12

Surgeon's Mate, .

8 0

Serjeant Major, .

. 3

Quarter Master Ser

Drum Major,

. 3

jeant,

3 8

Serjeant,

. 3

Fife Major,

3 10

Drummer, .

. 2

Bombedier,

. 2 14

Cannoneer,

. 2

Fifer, .

. 2 12

1786. — January Session. 459

Resolved, that Pay Rolls be made out for such Officers
& soldiers belonging to the Militia, as have been, or may
hereafter be called into service, attested by proper Officers
upon Oath, and presented to the Governor & Council for
examination & allowance; And that the sums due to the
Officers & Soldiers, whose names shall be borne upon such
Rolls, shall be paid out of the publick Treasury, in man-
ner heretofore practiced in paying Officers & soldiers who
have been employed in the service of this Commonwealth.

February 28, 1787.

REPORT OF COMMITTEE RELATIVE TO SETTLEMENT OF CON-
TROVERSY BETWEEN THE COMMONWEALTH OF MASSACHU-
SETTS AND THE STATE OF NEW YORK, RESPECTING LANDS
LYING TO THE WESTWARD OF HUDSON'S RIVER.

[The following report was printed in previous editions at the end of May session 1787.
Taken from court record.]

The Committee of both Houses appointed to consider
the Governor's message of the 13th inst. relative to the
settlement of a controversy between this Commonwealth
and New Fork, respecting lands lying to the westward
of Hudson's River, made by the Commissioners appointed
for that purpose, together with the papers accompanying
have attended that service.

Your Committee have examined the agreement entered
into and signed by the said Commissioners, and the plan
descriptive of the lands in question, and find, that the
right of this Commonwealth, to a large tract of land con-
taining many millions of acres, is by the said agreement
clearly established.

That this controversy, which has been long in its dura-
tion ; intricate in its nature, as well as important in its
consequences, has been conducted, and finally closed, in
an amicable manner, and by mutual agreement, is a pleas-
ing circumstance, and will, we trust, contribute to cherish
and maintain friendship and harmony between this, and
our sister State : And the Commissioners on our part, in
conducting this important business, are, in the opinion of
your Committee, justly entitled to the approbation of the
General Court.

Your Committee apprehend it necessary that the agree-
ment above referred to, be printed with the resolves of
the present session, and also recorded, with the commis-
sion from Governor Clinton, in the Secretary's office, and

460 1786. — January Session.

there lodged, together with the afore-mentioned plan;
and that it will be expedient hereafter, to appoint a Super-
intendent, as well to superintend the purchase of Indian
rights, as to investigate the situation, quality, value and
contents of said lands, and to give information to the
General Court from time to time respecting the same.
The resolve relative to the release of certain lands included
in the aforesaid agreement, your Committee have not con-
sidered, as they found that Samuel Brown had preferred
a petition to the General Court, on the subject matter of it.
As the running and ascertaining the line of jurisdiction,
between this State and New York, is not compleated, as
appears by the letter of Doctor Samuel Williams, accom-
panying the said message, and the powers given to the
Commissioners appointed by Congress, relative thereto,
will expire on the 7th of March next, we conceive it
expedient, that a bill be brought in for extending their
powers to a further time. All which is submitted.

COTTON TUFTS, per order.
Eead and accepted.

AGREEMENT ENTERED INTO BY THE COMMISSIONERS, AP-
POINTED TO SETTLE THE CONTROVERSY BETWEEN THE
COMMONWEALTH OF MASSACHUSETTS AND THE STATE OF
NEW YORK, RESPECTING LANDS LYING WESTWARD OF
HUDSON'S RIVER.

To all to whom these Presents shall come,

The underwritten John Lowell, James Sullivan, The-
ophilus Parsons, and Rufus King, agents or commission-
ers appointed by the Commonwealth of Massachusetts, of
the one part, and the underwritten James Duane, Robert
R. Livingston, Robert Yates, John Haring, Melancton
Smith, and Egbert Benson, six of the agents or commis-
sioners appointed by the State of New York, of the other
part;

SEND GREETING.

Whereas the Commonwealth of Massachusetts, did, here-
tofore present a petition to the United States in Congress
assembled, thereby among other things, stating, that all
that territory which in the said petition is described as all
that part of New England in America, which lieth and
extendeth between a great river, called Merrimac, and a
certain other river there, called Charles River, being the

1786. — January Session. 461

bottom of a bay there called Massachusetts Bay ; and also,
all those lands lying within three English miles to the
southward of the sonthermost part of the said bay, and
extending thence northward in latitude to northward of
every part of the said river Merrimac, and in breadth of
latitude aforesaid, extending throughout all the main land,
in longitude westwardly to the southern ocean, was the
just and proper right of the said Commonwealth, and
farther stating, That the State of New York had set up
a claim to some part of the land beforementioned, the
said Commonwealth did, therefore, by the said petition,
solemnly request of the United States in Congress, that
Commissioners might be appointed for enquiring into and
determining upon the claim aforesaid, of the Legislature
of the said Commonwealth, and that such other proceed-
ings respecting the premises, might be had as are by the
federal government of the said United States, in such case
made and provided, as by the said petition filed among the
archives of the United States, reference being thereunto
had, may more fully appear: And whereas, the State of
New York doth, in opposition to the said claim of the
Commonwealth of Massachusetts, claim as the just and
proper right of the said State, as well in respect of prop-
erty, as jurisdiction, all those lands and territories bounded
on the north, by the parallel of latitude passing through
the said point, place or boundary aforesaid, of three miles
to the northward of every part of the said river Merrimac,
and bounded on the south, by the parallel of latitude
passing through the said point or place, situate three miles
south of the southermost part of the said bay, called
Massachusetts Bay, bounded on the west by the limits
between the United States and the King of Great Britain,
and the line of cession from the State of New York, to the
United States, and bounded on the east by the line agreed
on, and established between the late colony of the Massachu-
setts Bay, and the late colony of New York, in the year
one thousand seven hundred and seventy-three, and from
the northern termination of the said line then bounded on
the east by the west bank of Connecticut River: And
whereas, the State of New York having been duly notified,
did appear by their lawful agents to vindicate such their
said right against the said claim of the said Common-
wealth ; and proceedings were thereupon had in Congress,
pursuant to the articles of confederation, in order to the

462 1786. — January Session.

appointment of Commissioners or Judges to constitute a
Court for hearing and determining the said matters in
question : And whereas, the said John Lowell, James
Sullivan, Theophilus Parsons and Rufus King, were
afterwards, by a certain commission under the seal of the
said Commonwealth, and bearing date the twenty-sixth
day of April, in the ninth year of the independence of
the United States, and made in pursuance of an act of the
Legislature of the said Commonwealth, passed the four-
teenth day of March, in the eighth year of the independence
of the United States, and of a resolution of the said Legis-
lature, passed the eighteenth day of the said month of
March — commissioned to be Agents to manage, conduct
and prosecute the claims of the said Commonwealth, to
the lands described in the said petition : And whereas,
afterwards and pending such proceedings in Congress, the
Legislature of the Commonwealth of Massachusetts, did,
by an act entitled an act impowering the Agents appointed
by their government to defend the territory on the west
side of Hudson's River, against the claims of the State
of New York, to settle the controversy relative thereto,
otherwise than by a fcederal Court, if they shall judge it
expedient, enact, That the major part of the said Agents
or Commissioners should be fully authorized and empow-
ered to agree with the Agents or Commissioners of the
State of New York, and settle the controversy respecting
the territory aforesaid, by a fcederal Court as appointed
by virtue of the confederation, or otherwise in such way
and manner as they should judge would comport with
justice and the interest of the said Commonwealth ; and
the Legislature of the State of New York, did, by an act
entitled, "An act supplementary to the act entitled an
act to appoint Agents or Commissioners for vindicating
the right and jurisdiction of this State against the claims
of the Commonwealth of Massachusetts, pursuant to the
articles of confederation and perpetual uuion of the United
States," among other things enact, that it should be lawful
for the said James Duane, Robert R. Livingston, Egbert
Benson, John Having, Melanclon Smith, and Robert Yates
and also, John Lansing, jun. or any five or more of them,
to settle the said controversy between the said State of
New York, and the said Commonwealth of MassacJtusetts,
otherwise than by the said fcederal Court, in such manner
as they should judge most conducive to the interest of the

1786. — January Session. 4G3

said State, as by the said commission and the said several
acts relation being thereunto had may appear.

Now therefore knew ye, That the underwritten Commis-
sioners on the part of the Commonwealth of Massachusetts
and the State of New York respectively, having by mutual
Gonsent assembled at the city of Hartford in the state
of Connecticut, on the thirtieth day of November last, in
order to the due execution of their respective trusts, and
having duly exchanged and considered their respective
powers, and declared the same legal and sufficient after
several conferences, and to the end that all interfering
claims and controversies between the said Commonwealth
of Massachusetts and the said State of New York, as well
in respect of jurisdiction as property, may be finally
settled and extinguished, and peace and harmony forever
established between them on the most solid foundation —
HAVE AGREED, and by these Presents, do mutually for
and in behalf of the said Commonwealth of Massachusetts
and the said State of New York, by whom respectively they
the said Commissioners have been so appointed and author-
ized as aforesaid, agree to the mutual cessions, grants,
releases and other provisions following, that is to say,

First. The Commonwealth of Massachusetts doth here-
by cede, grant, release and confirm to the State of New
York forever, all the claim, right and title which the Com-
monwealth of Massachusetts hath to the government, sov-
ereignty, and jurisdiction of the lands and territories so
claimed by the State of New York, as herein before stated
and particularly specified.

Secondly. The State of New York doth hereby cede,
grant, release and confirm to the Commonwealth of
Massachusetts, and to the use of the Commonwealth, their
grantees, and the heirs and assigns of such grantees for-
ever, the right of pre-emption of the soil from the native
Indians, and all other the estate, right, title and property,
(the right and title of government, sovereignty and juris-
diction excepted) which the State of New York, hath of,
in, or to two hundred and thirty thousand and four hundred
acres, to be located by the Commonwealth of Massachu-
setts, and to be situate to the northward of, and adjoining
to the lands granted respectively to Daniel Cox and Robert
Lett ice Hooper, and their respective associates, and between
the rivers Owego and Chenengo. And also, of, in or to all
the lands and territories wTithin the following; limits and

464 1786. — January Session.

bounds, that is to say : Beginning in the north boundary
line of the State of Pennsylvania, in the parrallel of forty-
two degrees of north latitude, at a point distant eighty-two
miles west from the northeast corner of the State of Penn-
sylvania, on Delaware River, as the said boundary-line
hath been run and marked by the Commissioners appointed
by the States of Pennsylvania and New York respectively,
and from the said point or place of beginning, running on
a due meridian north to the boundary line between the
United States of America and the King of Great Britain;
thence westerly and southerly along the said boundary
line, to a meridian which will pass one mile due east from
the northern termination of the Streight or waters between
Lake Ontario and Lake Erie ; thence south along the said
meridian, to the south shore of Lake Ontario ; thence on
the eastern side of the said Streight, by a line always one
mile distant from and parrallel to the said Streight, to
Lake Erie; thence due west to the boundary line between
the United States and the King of Great Britain; thence
along the said boundary line, until it meets with the line
of cession from the State of New York to the United
States ; thence along the said line of cession, to the north-
west corner of the State of Pennsylvania ; and thence east
along the northern boundary line of the State of Pennsyl-
vania to the said place of beginning : And which said lands
and territories so ceded, granted, released and confirmed,
are parcel of the lands and territories described in the said
petition.

Thirdly. The Commonwealth of Massachusetts doth
hereby cede, grant release and confirm to the State of
New York, and to the use of the State of New York,
their grantees and the heirs and assigns of such grantees
forever, the right of pre-emption of the soil from the native
Indians, and all other the estate, right, title and property,
which the Commonwealth of Massachusetts hath of, in or
to the residue of the lands and territories so claimed by
the State of New York as herein before stated, and par-
ticularly specified.

Fourthly. That the lands so ceded, granted, released
and confirmed to the Commonwealth of MassacJiusetts, or
such part thereof as shall from time to time be and remain
the property of the Commonwealth of MassacJiusetts, shall
during the time that the same shall so be and remain such
property, be free and exempt from all taxes whatsoever,

1786. — January Session. 465

and that no general or State tax shall be charged on, or
collected from the lands hereafter to be granted by the
Commonwealth of Massachusetts, or on the occupants or
proprietors of such lands, until fifteen years after such
confirmation, as is hereinafter mentioned, of such grants,
shall have expired ; but that the lands so to be granted,
and the occupants thereof, shall, during the said period,
be subject to town or county charges or taxes only ; pro-
vided, That this exemption from general or State taxes,
shall not be construed to extend to such duties, excises or
imposts, to which the other inhabitants of the State of New
York, shall be subject and liable.

Fifthly, That no rents or services shall be reserved in
any grants to be made of the said lands by the Common-
wealth of Massachusetts.

Sixthly, That the inhabitants on the said lands and
territories, being citizens of any of the United States,
holding by grants from the Commonwealth of Massachu-
setts, shall be entitled to equal rights with the other citi-
zens of the State of New York; and further, that the
citizens of the Commonwealth of Massachusetts shall, from
time to time, and at all times hereafter, have and enjoy
the same and equal rights, respecting the navigation and
fishery on and in Lake Ontario and Lake Erie, and the
waters communicating from the one to the other of the
said lakes, and respecting the roads and portages between
the said lakes, as shall from time to time be had and
enjoyed by the citizens of the State of New York; and
the citizens of the Commonwealth of Massachusetts shall
not be subject to an}r other regulations, or greater tolls or
duties to be made or imposed from time to time by the
State of New York, respecting the premises, than the citi-
zens of the State of New York shall be subject to.

Seventhly, That no adverse possession of the said lands
for any length of time, shall be adjudged a disseizen of the
Commonwealth of Massachusetts.

Eighthly, That the State of New York, so long as any
part of the said lands shall be, and remain the property
of the Commonwealth of Massachusetts, shall not cede,
relinquish or in any manner divest themselves of the gov-
ernment and jurisdiction of the said lands or any part
thereof, without the consent of the Commonwealth of
Massachusetts.

Ninthly. That the Commonwealth of Massachusetts

460 1786. — January Session.

may from time to time, by persons to be by them author-
ized for the purpose, hold treaties and conferences with
the native Indians, relative to the property or right of soil
of the said lands and territories hereby ceded, granted,
released and confirmed to the Commonwealth of Massa-
chusetts, and with such armed force as they shall deem
necessary for the more effectual holding such treaty or
conference ; and the Commonwealth of Massachusetts,
within six months after such treaties shall respectively be
made, shall cause copies thereof to be deposited in the
office of the Secretary of the State of New York.

TentJtly. The Commonwealth of Massachusetts may
grant the right of pre-emption of the whole or of any part
of the said lands and territories to any person or persons,
who by virtue of such grant, shall have good right to
extinguish by purchase, the claims of the native Indians :
Provided, however, that no purchase from the native
Indians by any such grantee or grantees, shall be valid,
unless the same shall be made in the presence of, and
approved by a superintendant to be appointed for such
purpose by the Commonwealth of Massachusetts, and
having no interest in such purchase ; and unless such
purchase shall be confirmed by the Commonwealth of
Massacliusetts.

Eleventhly. That the grantees of the said lands and
territories under the Commonwealth of Massachusetts,
shall within six months after the confirmation of their
respective grants, cause such grants or the confirmation
thereof, or copies of such grants or confirmations certified
or exemplified under the seal of the Commonwealth of
Massachusetts, to be deposited in the said office of the
Secretary of the State of New York, to the end that the
same may be recorded there, and after the same shall have
been so recorded, the grantees shall be entitled to receive
again from the said Secretary their respective grants or
confirmations, or the copies thereof which soever may
have been so deposited, without any charges or fees of
office whatsoever, and every grant or confirmation which
shall not, or of which shall not be so deposited, shall be
adjudged void.

In Testimony Whereof, the said John Lowell, James
/Sullivan, Theophilus Parsons and Rufus King, for and in
the name and behalf of the said Commonwealth of Massa-
chusetts; and the said James Duane, Pobert R. Livingston,

1786. — January Session. 467

Robert Yates, John Having, Melancton Smitlt and Egbert
Benson, for and in the name and on behalf of the said
State of New York, have to these presents, and a dupli-
cate thereof, both indented, interchangeably set their
hands, and affixed their seals ; done at the city of Hart-
ford aforesaid, the sixteenth day of December, in the year
of our Lord one thousand seven hundred and eighty-six,
and the eleventh year of the Independence of the United
States of America.

John Lowell, (L. S.)

James Sullivan, (L. S.)

Theophilus Parsons, (L. S.)

Rufus King, (L. S.)

James Duane, (L. S.)

Robert li. Livingston, (L. S.)

Robert Yates, (L. S.)

John Having, (L. S.)

Melancton Smith, (L. S.)

Egbevt Benson, (L. S.)

Witness present at the sealing and delivery ; Geovge
Wyllys, Thomas Seymour, Jesse Root, Jeremiah Wads-
worth, D. Humphreys, William Imlay, Joseph Webb,
Simeon de Witt, Lewis du Boys, Nathaniel Bethune.

Chapter 62.* Chap. 62

[January Session, ch. 62, 1786.]

Chapter 63.

RESOLVE GRANTING ONE HUNDRED AND
TWELVE SHILLINGS AND TWO PENCE,
ACADEMY OF ARTS AND SCIENCES, FOR CERTAIN PURPOSES
MENTIONED.

THIRTY TWO POUNDS Chap. 63
~!E, TO THE AMERICAN ^'

On the Memorial of the President and Council of the
American Academy of Arts and Sciences :

Resolved, That, for the reasons set forth in said Memo-
rial, there be paid out of the State treasury, by Warrant
from the Governor and Council, One hundred and thirty
two pounds, twelve shillings and two pence, Lawful money,
to be applied to the Purposes, and in the manner ex-
pressed in said Memorial, which, with twenty seven pounds

* Governor's message, see end of volume.

468 1786. — January Session.

seven shillings and ten pence, already expended, is in lieu
of three hundred pounds New Emission Money, granted
to said Academy, by a Resolve passed the sixth of Jidy
1781. ' March 1,1787.

Chap. 64

Chapter 64.

RESOLVE FOR PAYING FIFTY POUNDS TO EACH OF THE JUS-
TICES OF THE SUPREME JUDICIAL COURT, AND THIRTY
POUNDS TO THE ATTORNEY GENERAL, TO BE PAID OUT
OF THE MONIES FOR SUBSISTING THE TROOPS.

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth, to the Justices of the
Supreme Judicial Court, The sum of fifty pounds each to
enable them to proceed to the Western Counties agree-
ably to an Act passed the present Session of the General
Court, they to be respectively Accountable for the same.

Also Resolved that there be paid out of the Treasury
aforesaid, To Robert Treat Paine, Esquire; the attorney
General, The sum of thirty pounds, he to be accountable
for the same ; And the Treasurer is hereby directed to
pay the aforesaid Sums out of the Money raised to pay
and subsist the Troops employed in subduing the present
Rebellion. March 1, 1787.

Chapter 65.

Chan 6^ RESOLVE ON THE PETITION OF ISAIAH THOMAS, DIRECTING
KjllWJJ. \JO the TREAguRER T0 WITHDRAW THE ACTION COMMENCED

AGAINST HIM.

On the Petition of Isaiah Thomas, setting forth, that
Thomas Ivers, Esqr ; Receiver general of this Common-
wealth, has Commenced an Action against him at the
Court of Common Pleas, in the County of Suffolk-, on the
first Tuesday of January, 1786, which action is now pend-
ing, for a certain note or obligation given to the late
Treasurer Gardner, in June 1775, for the Sum of Thirty
Six pounds, and praying for Relief therein : for reasons
set forth in said petition,

Resolved that the Treasurer of this Commonwealth be,
and he hereby is Directed to cease and with draw the
Action Commenced against Isaiah Thomas, for thirty six
pounds, Lawful money at the Court of Common Pleas,
in the County of Suffolk, and Deliver up the Said Obliga-
tion to the Said Isaiah Thomas. March 1, 1787.

1786. — January Session. 469

Chapter G6.

RESOLVE GRANTING SIX rOUNDS EIGHT SHILLINGS AND (JJjaj) QQ
TWO PENCE, TO JOHN HILL, ESQ; A BALANCE DUE TO THE J- '

COMMITTEE FOR SELLING LAND IN THE COUNTY OF YORK

Resolved that there be allowed and paid unto John Hill,
Esq ; out of the publick Treasury, from that part of the
Specie Tax, No. 5, appropriated for the Support of Gov-
ernment, the Sum of Six Pounds, Eight Shillings and
Two Pence, which will be in full for the balance due to
the Committee for the Sale of certain Strips and Gores
of Land in the County of York, as by their Account ex-
hibited to the General Court, Feby. 21, 1787.

March 1, 1787.

Chapter 67.

RESOLVE ON THE PETITION OF DAVID PEARCE, DIRECTING (Jhnrvy Q<7
THE COLLECTOR TO DELIVER THE SHALLOP AND SUGAR, "'

HE PAYING COSTS.

On the Petition of David Pearce, praying that the
Shallop called Polly, with twenty one Barrels of Sugar,
lately seized by the Collector of Impost and Excise for
the County of Suffolk, may be delivered up to him, for
Reasons set forth in his said Petition :

Resolved, that the said Collector, be, and he is hereby
authorized and directed, to deliver the said Shallop and
sugar, to the said Pearce, or his order, he paying the
legal costs that may have arisen in consequence of the
said Seizure, and that all further Prosecution thereon shall
cease. March 1, 1787.

Chapter 68.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR fhot) 68
THE COUNTY OF WORCESTER; AND GRANTING A TAX. * '

Whereas it appears upon examination of the Treasurer's
Accounts for the County of Worcester, that all the monies
granted and allowed by the Court of General Sessions of
the Peace for the Said County, Were expended for Such
Purposes as are Authorized by Law :

Therefore Resolved, that the Said Accounts be allowed.

And Whereas it appears from an estimate of the Jus-
tices of the Court of General Sessions of the Peace of the

470 1786. — January Session.

Said County, made on the first Tuesday of December,
A. D. 1786, That the Sum of Sixteen Hundred and Sixty
Pounds, will be Necessary for Defraying the Charges of
the Said County for the year Next ensuing.

Therefore Resolved, that there be, and hereby is granted
a Tax of Sixteen Hundred and Sixty Pounds, to be Ap-
portioned 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, Accord-
ing to the laws of the Common Wealth. March 1, 1787.

Chapter 69.

CkcW 69 RES0LVE 0N THE PETITION OF JOHN AVERY, JUN. ESQ; SEC-
-* ' RETARY, GRANTING HIM ONE HUNDRED AND TEN POUNDS

FOR HIS SERVICES FROM JUNE, 1785, TO JUNE, 1786.

Resolved That there be paid out of the publick Treasury,
to John Avery, junr. Esqr ; Secretary of this Common-
wealth, the sum of one hundred and ten pounds, which in
addition to the sum of one hundred and forty pounds,
which he has received as fees in his Office, shall be in full
for his services from the first day of June, 1785, to the
first day of June, 1786. March 1, 1787.

Chapter 70.

ClldD 70 RES0LVE 0N THE PETITION OF JOHN BISCO, TO ENTER A COM-
■*■ ' PLAINT FOR THE AFFIRMATION OF A CERTAIN JUDGMENT

AT THE SUPREME JUDICIAL COURT; HE GIVING NOTICE TO
AARON HUNT THEREOF.

On the Petition of John Bisco, of Spencer, in the County
of Worcester, praying for liberty to enter a complaint for
the affirmation of Judgment against one Aaron Hunt, of
&^ Spencer, at the next Supreme Judicial Court, to be
holden at Worcester, within and for the County of Worces-
ter, on the tuesday next preceeding the last tuesday of
April next :

Resolved that the said John have liberty to enter a
Complaint for the affirmation of the said Judgment at the
said next Supreme Judicial Court ; and the Justices of
the s(1 Court are hereby authorized to sustain, and take
cognizance of the same, and to affirm the sf? Judgment, if
they see cause, and to have the same proceedings thereon,
as if the complaint had been on an appeal to the said

1786. — January Session. 471

Court in the regular and ordinary course of law : The
petitioner giving notice to the said Aaron, fourteen days
previous to the setting of the s* Court. March 1, 1787.

Chap. 71

Chapter 71.

RESOLVE ON THE PETITION OF JOHN MOORE.

On the Petition of John Moore, praying that he may be
allowed to discharge an Execution against him, in favour
of the Commonwealth, for the sum of seventy Jive pounds,
either in Goods at an apprized Value, or in public secur-
ities :

Resolved, That the Prayer of the Petition be so far
granted, that the Petitioner paying Costs of Court and
SherrifFs Fees in Specie, be permitted to pay and dis-
charge said Execution, in the securities of this Common-
wealth, that are now become payable. March 2, 1787 .

Chapter 72.

RESOLVE ON THE PETITION OF JEREMIAH HILL, ESQ; IN BEHALF ChaV 72
OF AARON GRAY, DIRECTING THE TREASURER TO PAY SAID ^'

HILL, AND JOHN SMITH, THE SUMS, WHICH APPEAR DUE
ON THE SEVERAL FORGED ORDERS.

On the Petition of Jeremiah Hill, Esqr ; in behalf of
Aaron Gray and Jacob Hooper, also on the Petition of
John Smith, representing that their wages, amounting to
one hundred and fifty four pounds six shillings, have been
paid on a forged Receipt and two forged orders, and
praying the Consideration of this Court :

Resolved, that the treasurer be, and he is hereby
directed, to pay out of the public Treasury to the said
Aaron Gray, Jacob Hooper and John /Smith, or order,
the Sums which may appear to be severally due to them,
in the same manner as he would have done if the wages
had not been paid on the Receipt and orders aforesaid.

March 2, 1787.

Chapter 73.

RESOLVE FOR THE ABATEMENT OF A FINE LAID UPON THE
TOWN OF LYNN.

On the petition of John Carries, in behalf of the Town
of Lynn and district of Lynnfield :

Resolved, That the sum of four hundred and Sixteen

Chap. 73

472 1786. — January Session.

pounds, be, and hereby is abated to the Town of Lynn,
and district of Lynn field, out of the Tax No. 3, for the
year 1783, according to the proportion they bear to each
other, in the said Tax, from the monies due to the Com-
monwealth, over and above the Sum that was abated to
the said Town and district the 15th of March, 1785, As a
fine for the deficiency of Five men, and forty nine pounds,
ten shillings, being the Ten pr Cent, allowed in the Mili-
tia Act for the Charge and Trouble attending the Assessing
and Collecting of the Quakers money, (so called) in the
said Town and District, agreeably to the aforesaid peti-
tion. March 2, 1787.

Chap

Chap.

Chapter 74.

IJA RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN
OF HOLDEN, EMPOWERING SAID TOWN TO CHOOSE A COL-
LECTOR TO COMPLEAT THE COLLECTION MENTIONED.

On the Petition of the Selectmen of the Town of Llolden,
representing that Aaron Broad, who was chosen Collector
of the Publick Taxes for the year 1786, was taken up on a
State Warrant, and committed to Prison, and praying the
said Town may be empowered t6 choose another Collector
or Collectors, to Collect the said Taxes : for reasons set
forth in the said Petition,

Resolved, that the said Town of Holden, be, and they
are hereby empowered, to Choose a Collector or Collec-
tors to complete the collection of the Taxes committed to
the said Aaron Broad, at the annual Meeting to be held in
the Months of March, or April, or at any other legal
Meeting duly warned by such person, as the Selectmen
shall appoint for that purpose. March 2, 1787.

Chapter 75.

ir/r RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN
*° OF WOOLWICH, ABATING THE LAST PAPER' TAX IN SAID
TOWN, AND DIRECTING THE TREASURER IN THIS CASE.

On the Petition of the Selectmen of the town of Wool-
wich, in the County of Lincoln, praying for the abatement
of the Last Paper tax of the old Emission, and for Beef
taxes yet unpaid, as Set forth in their Petition :

Resolved, that the prayer of Said petition be So far
Granted, as that there be abated to Said town the paper-

1786. — January Session. 473

tax aforesaid, Consolidated to Eighty Six pounds ten
shillings; also the further Sum of Sixty three pounds ten
Shillings, on Two Beef taxes, both amounting to the Sum
of one Hundred and fifty pounds; and the Treasurer is
hereby directed to Govern himself accordingly ; any Law
or Resolve to the Conterary notwithstanding.

March 2, 1787.

Chapter 76.

RESOLVE ON THE PETITION OF DUMMER SEW ALL, GRANTING QhaV 76
, HIM EIGHTEEN POUNDS. "'

On the Petition of Dummer Sewall, Setting Fourth, that
he Served as a muster Master, in the County of Lincoln,
and Praying for an allowance for Said Services :

Resolved, that there be allowed and paid to Dummer
Seivall, out of the treasury of this Commonwealth, the
Sum of Eighteen pound thirteen Shillings, which is in full
for his Services as aforesaid. March 2, 1787.

Chapter 77.

RESOLVE ON THE PETITION OF CHARLES KNOWLES, AND fl]inrt 77
OTHERS, LATE REGIMENTAL PAYMASTERS FOR THIS STATE'S KjllUjP'
QUOTA OF THE CONTINENTAL ARMY, GRANTING THEM ONE
HUNDRED AND TWENTY POUNDS EACH.

On the Petition of Charles Knowles and others, late
Regimental Paymasters for this State's line of the Con-
tinental Army, appointed agreeably to Resolves of Con-
gress of November 3d, 1783, and May 27th, 1785 :

Resolved, that there be allowed and paid out of the
Treasury of this Commonwealth, to the said Charles
Knowles, Samuel Mellish, Robert Williams, JSfath-1 Coit
Allen, Benjamin Haywood, Samuel Armstrong, Joseph
Tucker and Thomas Hollis Condy, the sum of One hun-
dred and Twenty pounds each, in full Compensation, for
their time, Travel and Expences, in performing the Busi-
ness of their Several appointments, as aforesaid — And
that the same be Charged to the United States.

March 2, 1787.

Chapter 78.

RESOLVE ON THE PETITION OF JOHN HUNT, DECLARING VALID p^nri 7Q
A CERTAIN JUDGMENT. ' ^flUJJ. 4 0

On the Petition of John Hunt, praying, for Reasons set
forth in said Petition, that a Judgment be recovered against

474 1786. — January Session.

Ezra Jewell, at a Court of Common Pleas holden at Con-
cord, within and for the County of Middlesex in March
last, may remain in full force and Virtue, notwithstand-
ing a Resolve passed the General Court the twenty fh;st
Day of Oct last, vacating the said Judgment, and grant-
ing the said Ezra Jewell Liberty to re enter said Action
at the Court of Common Pleas to be holden at Cambridge,
within and for said County of Middlesex, in Nov* last.

Resolved, That the said Judgment of Court obtained by
the said John Hunt, against the said Ezra Jewell at the
said Court of Common Pleas held at Concord as aforesaid,
and the Execution and Doings thereon, be, and hereby
are declared valid and good in Law to all Intents and
Purposes, as it would have been, had not the said Resolve
vacating said Judgment, and granting Liberty to re-enter
his Action, passed. March 2, 1787.

Chapter 79.*
Chan 79 resolve on the petition of Jonathan mitchell, grant-

"' ING HIM SEVEN POUNDS TWELVE SHILLINGS.

On the Petition of Jonathan Mitchell, setting forth,
that he served as a Muster Master in the County of Cum-
berland, and praying for an allowance for said services.

Resolved that there be allowed and paid to Jonathan
Mitchell out of the Treasury of this Commonwealth, the
sum of seven pounds twelve shillings, which is full for his
services as aforesaid. March 2, 1787.

Chapter 80.

Chap. 80

RESOLVE ON THE PETITION OF JOHN CHALONER, GRANTING
HIM FIFTEEN POUNDS, AND DIRECTING THE DELEGATES
OF THIS STATE IN CONGRESS TO REPRESENT THE CASE OF
THE SAID CHALONER, THAT A PENSION MAY BE SETTLED
UPON HIM.

On the petition of John Chaloner, setting forth, that
while he was acting in the Capacity of a Serjeant of
Artillery, under the command of Major General Shepard
at Springfield, in defence of the continental Magazine, he
had the misfortune to lose both his Arms, and his Eye
Sight, and was otherwise greatly maimed :

Resolved that there be paid out of the Treasury of this

* Taken from court record.

178G. — January Session. 475

Commonwealth to the said John Chaloner, the Sum of
fifteen pounds in Specie, — and that the expence of curing
the wounds of the said Chaloner, be paid by this Com-
monwealth in the first instance.

Resolved, that the Delegates of this Commonwealth in
Congress, be, and they are hereby directed, to represent
to Congress the miserable Situation to which John Chaloner
is reduced by the loss of his Arms and his Eye Sight, in
the Service aforesaid, and that they endeavour that a
suitable pension be settled by Congress on the said Chal-
oner,— and that the Charges incurred on this occasion,
may be allowed to this Commonwealth by the United
States. March 3, 1787.

Chapter 81.

ORDER REQUESTING THE GOVERNOR TO WRITE TO GENERAL (JJiqj) 81

LINCOLN. * '

Ordered that his Excellency the Governor be, & he
hereby is requested, to acquaint Major General Lincoln,
that, at this important crisis, it is necessary that he remain
in the immediate command of the troops in the western
Counties, and to give his directions accordingly.

March 3, 1787.

Chapter 82.

ORDER EXPRESSIVE OF THE GENERAL COURT'S APPROBATION
OF THE CONDUCT OF GENERAL LINCOLN, AND THE TROOPS
UNDER HIS COMMAND, AND REQUESTING THE GOVERNOUR
TO INFORM HIM THEREOF.

Ordered, that his Excellency the Governor be, & He is
hereby requested, to express to Major General Lincoln,
That the Legislature entertain a high Sense of the Spirit,
Patriotism and distinguished Merit of the Officers and
Soldiers, who at the Call of their Country, have, with a
chearfulness peculiar to great and good minds, exerted
themselves in defence of the Rights & Privileges secured
to the Citizens of this Commonwealth by our happy Con-
stitution. The Legislature congratulate their Brethren in
Arms, on the success that has crowned their virtuous
Exertions for the suppression of the late lawless Insurrec-
tion and Rebellion. March <?, 1787.

Chap. 82

476 1786. — January Session.

Chapter 83.

Chap. 83 Resolve ON the petition of the inhabitants of the

1 ' PLANTATION CALLED LEWISTOWN, DIRECTING THE TREAS-

URER TO CREDIT THE PLANTATION WITH THE SUM MEN-
TIONED. /

Resolved that the Prayer of the Petition of the inhabi-
tants of Leivistown, be So far Granted, that the Treasurer
of this Commonwealth be, and he is hereby Directed, to
Credit the Plantation Called Leivistown, in the County of
Lincoln, the Sum of one hundred and fifty Pounds, on the
Several State Taxes Lying against the Said Plantation,
Previous to the year one thousand Seven hundred and
eighty four, any Law or resolve to the Contrary notwith-
standing. March 3, 1787.

Chapter 84.

Chat) 84 RES0LVE 0N THE PETITION OF JEDDIAHJEWETT AND OTHERS,
P' DIRECTING THE TREASURER TO CREDIT THE TOWN OF PITTS-

TON, WITH THE SUM MENTIONED.

Resolved that the Prayer of the Petition of Jeddiah
Jeicett be So far Granted, that the Treasurer of this Com-
monwealth be, and he is hereby Directed to Credit the
Said Town of Pittston, the Sum of one Hundred and fifty
five pounds thirteen shillings, on the Beef Tax, assessed
on Said Town, any Law or Resolve to the Conterary not-
withstanding. March 3, 1787.

Chapter 85.

Chan 8^ RES0LyE EXCUSING ALL persons, who ARE preparing them-

KjILUJJ. OO selves BY STUDIES, TO ENTER COLLEGE, FROM ALL MILI-
TARY DUTY, THEY PRODUCING A CERTIFICATE FROM THEIR
INSTRUCTORS.

Resolved, That]all Persons who are, or may be prepar-
ing themselves by Studies, under Instructors of sufficient
knowledge in the learned languages, to enter the Univer-
sity at Cambridge, or any College, be, and they hereby
are excused from all Military duty and service, they pro-
ducing a Certificate from such Instructor, of their being as
aforesaid employed, their Age exceeding sixteen Years
notwithstanding. March 5, 1787.

1786. — January Session. 477

Chapter 86.

RESOLVE ON THE PETITION OF SAMUEL BROWN AND OTHERS. Chap. 86

On the petition of Samuel Brown and others :
Whereas this Court is not yet ascertained that Samuel
Brown and his associates have purchased of the natives
their right to the lands lying between Chenango and
Oivego rivers ; and if this had been done, the account of
the purchase money, and expences which has been exhib-
ited, is not supported by the necessary vouchers :

Resolved, That this Court cannot act upon his petition.

March 5, 1787.

Chap. 87

Chapter 87.

RESOLVE EMPOWERING THE JUSTICES OF THE SUPREME JUDI-
CIAL COURT, TO APPOINT AN ASSISTANT TO THE ATTORNEY
GENERAL IN THE WESTERN CIRCUIT.

Resolved that the Justices of the Supreme Judicial
Court, at their next Sessions in the Countys of Berkshire,
Hampshire, Worcester and Middlesex, respectively, Be,
and hereby are authorized and impowered, to appoint
some Person or Persons, as Assistant to the attorney
General, in case it shall appear to them, that the Criminal
Business renders such appointments expedient.

March 5, 1787.

Chapter 88.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR QJiajj g8
THE COUNTY OF YORK, AND GRANTING A TAX OF TWO HUN- *

DRED POUNDS, TO BE LAID ON THE INHABITANTS.

Whereas the Treasurer's accounts for the County of
York, are accepted and allowed : And Whereas it appears
from an estimate of the Justices of the County of York,
made on the Second Tuesday of October 1786, that the
Sum of Two hundred pounds will be Necessary for defray-
ing 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 Common-
wealth. March 5, 1787.

478 1786. — January Session.

Chapter 89.

Ghav 89 resolve requiring the paymasters of the continental

* ' ARMY, TO MAKE RETURNS OF THE FINAL SETTLEMENT NOTES

INTO THE SECRETARY'S OFFICE, ON THE FIRST OF JUNE
NEXT; AND ON NEGLECT NO ALLOWANCE TO BE MADE THEM,
AND DIRECTING THE SECRETARY TO PUBLISH THIS RESOLVE.

Resolved, That all Paymasters of the Massachusetts line
of the late Continental Army, who have not delivered to
the Secretary the Certificates of the ballances, which upon
a final settlement were found due to that part of the said
Army, for which they are respectively Paymasters, be,
and they are hereby required, to make returns of the
whole of said final Settlements, which they have remain-
ing in their hands, into the Secretary's Office, on or before
the 1st day of June next, taking duplicate receipts there-
for, one of which to be lodged with the Treasurer of the
Commonwealth.

And it is further Resolved, That those Paymasters, who
neglect to comply with this Resolve, shall not be intitled
to receive an allowance of Pay for their Services in the
Trust in which they have been employed : And the Secre-
tary is directed to publish the above Resolves three weeks
successively, in the public News papers as by Law directed.

March 5, 1787.

Chapter 90.

Phan 90 RESOLVE ON THE PETITION OF THE TOWN OF PROVINCETOWN,
KsriUJJ. VVJ in the C0UNTY 0F BARNSTABLE, ABATING THE SUMS AS-
SESSED ON THEM SINCE THE LAST VALUATION, AND THAT NO
FURTHER ASSESSMENTS BE MADE ON THEM, TILL FURTHER
ORDER.

Whereas it appears, on the petition and memorial of
the town of Province Town, in the County of Barnstable,
and from an enquiry into facts, That the said Town has
not been Assessed for a number of Years past, on account
of their Situation, and disability, and by a Return of their
Pols and Rateable property, that their present circum-
stances will not admit of their being now taxed : There-
fore,

Resolved That the Town of Province Town, in the
County of Barnstable, be, and they are hereby abated the
Sums assessed on them since the last Valuation, being the

1786. — January Session. 479

Sum of one hundred and fourteen Pounds 13/9; and that
no further Assessments be made on them, until the further
Order of the General Court. March 5, 1787.

Chapter 91.*

AN ADDRESS TO REMOVE FROM OFFICE WILLIAM WHITING, QhaV 91
AND OTHERS. ^'

To his Excellency JAMES BOWDOIN, Esqr ; Gov-
ernor and Commander in chief of the Commonwealth of
Massachusetts.

May it please your Excellency,

The two Houses of Legislature, being authorized by
the Constitution, to address your Excellency to remove
from office such persons, as they shall deem unworthy of
sustaining the offices, to which they have been appointed ;
and it appearing to them, that William Whiting of
Great- Barring ton, in the County of Berkshire, first
Justice of the Court of Common Pleas, and a Justice
of the Peace for said County ; James Perry, of Easton,
in the County of Bristol, a Justice of the Peace in the
County last mentioned, and Beuben Taft, of Uxbridge,
in the County of Worcester, and one of the Coroners
for the said County of Worcester, have in the late
unhappy rebellion, conducted in a manner, derogatory
to Government, and disgraceful to themselves. They have
therefore thought proper to request, and do hereby request
your Excellency, by and with the advice and consent of
Council, to remove the said William Whiting, James
Perry, and Reuben Taft, from their respective Offices
aforesaid. March 5, 1787.

Chapter 92.

RESOLVE DIRECTING THE SEVERAL COLLECTORS OF IMPOST
AND EXCISE NOT TO RECEIVE ANY PAYMENTS OF DUTIES
IN TREASURER'S ORDERS, UNLESS &c.

Whereas by an Act for appropriating the Revenue, aris-
ing from the duties of Impost and Excise, passed the 17th
of November, 1786, it is provided, that one third part
thereof shall be annually paid into the Treasury of this
Commonwealth for the exigencies of Government : and
Whereas the demands of Government are now such, as to

* Taken from court record, under date of February 28.

Chap. 92

480 1786. — January Session.

make it necessary that the specie part of said duties be
paid into the Treasury as soon as possible.

Resolved, That the several Collectors of Impost and
Excise within this Commonwealth, shall receive One third
part of all duties of Impost and Excise, that may have
become due since the first day of January, 1787, or may
hereafter become due, in Specie only, and the other two
thirds in Orders or Certificates of the Treasurer of this
Commonwealth, if they are presented, provided that the
One third part be paid in Specie, at the same time, and
not otherwise. March 5, 1787.

Chapter 93.

Clicm 93 RESOLVE ON THE PETITION OF THOMAS HAYWARD, DIRECT-

kjiiujj. oo mG the treasurer t0 pay thirty pounds two shil-
lings, THE FORGED ORDER NOTWITHSTANDING.

On the Petition of Thomas Hayward, late a Soldier in
Colonel Bailey's Regiment, in the year 1780, who was
intitled To twenty seven pounds seven shillings and six
pence, for such service ; and the further sum of Two pounds
fourteen shillings and six pence, which sums he finds on
enquiry, have been drawn by a John Allen, on a forged
Order; and praying relief; for reasons set forth in the
said Petition :

Resolved, that the prayer of said Petition be granted,
and that the Treasurer of this Commonwealth, be, and he
is hereby directed, to pay out of the Treasury, to the said
Thomas Hay ward, the sum of Thirty pounds two shillings,
in the same way and manner other Soldiers who served at
the same time were paid, the said Wages being drawn by
a forged order notwithstanding. March 6, 1787.

Chapter 94.

CI CM RESOLVE ON THE PETITION OF JOSEPH HENDERSON, REVERS-

Lrfiap. y4 ING THE JUDGMENT MENTIONED, AND GRANTING HIM A
NEW TRIAL.

On the Petition of Joseph Henderson, praying a judg-
ment obtained against him, by the judgment of Mr. Justice
Quincy, at the suit of William Storey, of Boston, on Two
Notes of Hand, may be set aside, and a new Trial ordered
thereon, for Reasons set forth in said Petition :

Resolved, That the said Judgment be, and hereby is

1786. — January Session. 481

reversed, and declared to be Null and Void, and that a
New Trial may be had on the case aforesaid, the Parties
having agreed to the same. March 6, 1787.

Chapter 95.

RESOLVE ON THE PETITION OF JABEZ FISHER, ESQ; AGENT Qhar) 95
FOR THE TOWN OF FRANKLIN, GRANTING THIRTEEN FOUNDS "'

NINETEEN SHILLINGS AND SIX PENCE, FOR BEEF PRO-
CURED AT EARLIER PERIODS THAN REQUIRED.

On the Petition of Jabez Fisher, Esqr ; Asent for the
Town of Franklin, Praying for an allowance made to them
for their Procuring their Quota of Beef at earlier Periods
than they were required by a Resolve of the General
Court, of Jane 22, 1781 :

Resolved, that there be paid out of the Publick Treasury
of Said Commonwealth, To Jabez Fisher, Esqr; for the
use of Said Town of Franklin, the Sum of Thirteen pounds
nineteen shillings and Six jience, in full compensation to
them for their Complying with a Conditional Promis made
by the aforesaid Kesolve. March 6, 1787.

Chap. 96

Chapter 96.

ORDER ON THE PETITION OF WILLIAM HARRIS AND DAVID
MORET, DIRECTING THE TREASURER TO PAY THE CLERKS
IN THE SECRETARY'S OFFICE.

On the petition of William Harris and David Morey,
Clerks in the Secretary's Office, praying that some method
may be adopted to enable them to obtain their wages :

Ordered, that the Treasurer be, and he hereby is
directed, to pay to the said William Harris and David
Morey, and to the other Clerks in the Secretary's and
Treasurer's Office, Six months pay, (when it shall be due,)
out of the Specie part of the Tax granted by the General
Court, in March, 1786. March 6, 1787.

Chapter 97.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS Chan 07
FOR THE COUNTY OF FLIMOVTH, AND MAKING HIM AC- yyUUlJ'
COUNTABLE FOR THE BALANCE.

Whereas it appears from the Treasurer's Accounts for
the County of Plimouth, that the Monies granted and
allowed bv the Court of General Sessions of the Peace

482 1786. — Januaey Session.

for said County, were for such Purposes and Appropria-
tions as the Law empowered said Court to provide for;
and that the said Accounts are right cast, and well vouched ;
and that upon the ltfth of Dec7.', 1786, there remained in
the hands of Collectors in outstanding Taxes, Five Hun-
dred and eighty Pounds, seventeen shillings and two pence,
three farthings. Therefore

Resolved, That said Accounts be allowed : the said
Treasurer being accountable, for the Ballance that remains
Due, in some future Settlement. March 8, 1787.

Chap.

Chapter 98.

9g RESOLVE ON THE PETITION OF THE TOWN OF DEDHAM, EM-
POWERING THE COURT OF GENERAL SESSIONS FOR SUF-
FOLK, TO ORDER A BRIDGE OVER CHARLES RIVER, IN SAID
TOWN, TO BE RE-BUILT, AND ASSESS CERTAIN TOWNS FOR
PAYMENT.

On the Petition of the Town of Dedham, Setting forth,
that a Bridge Over Charles River, in said Town, has
heretofore been built by Adjacent Towns, by Order of
the Court of General Sessions ; and that the Law for that
purpose has Expired :

Therefore Resolved, that the Court of General Sessions
for the County of Suffolk, be, and they hereby are im-
powered and directed, to order that the said Bridge be
re-built, and to Assess the Charge thereof on the Towns
of Dedham, NeedJiani, Medjield, and the District of Dover,
as they shall Judge Right and Equal, having regard to their
Local Situation. March 6, 1787.

Chapter 99.

Chart 99 RES0LVE DIRECTING THE HON. JOHN HANCOCK, ESQ: TO DE-
iyflUJJ. VV LIVER A CERTAIN NOTE, SIGNED BY MICHAEL HILLEGAS,

TO THE TREASURER; AND THE TREASURER TO GIVE A

FULL DISCHARGE FOR THE SAME.

Whereas the honorable John Hancock, esq1- has repeat-
edly acquainted the Legislature of this Commonwealth,
that there is a considerable sum due on a note of hand,
the property of this Commonwealth, dated Philadelphia,
April Kith, 1776, for Twenty five thousand dollars, signed
by Michael Ilillegas, and payable to the said John Hancock,
and requested their directions thereon :

Resolved that the said John Hancock, esqr deliver the

1786. — January Session. 483

said note of hand to the Treasurer of this Commonwealth,
and enable the said Treasurer, by his power of attorney,
to recover the balance due thereon, for the use of this
Commonwealth ; and that the said Treasurer, upon re-
ceiving the said note and power, be, and he is hereby
directed to give the said John Hancock, esqr a full dis-
charge from any demand, on account of the balance due
on said note. March 6, 17S7.

Chap.100

Chapter 100.

RESOLVE ON THE PETITION OF MOSES FOGG, DIRECTING THE
TREASURER TO PAY THE WAGES DUE TO HEM, THE FORGED
ORDER NOTWITHSTANDING.

On the Petition of Moses Fogg, Jun. representing that
the nots due to him for his Service in Capt. Amos Lincoln's
company, in the years 1781, 1782 and 17s3, have been
drawn by a certain Daniel Godfrey, on a forged order,
and praying the consideration of this Court :

Resolved that the Prayer thereof be granted, and that
the Treasurer be, and he is hereby directed, to pay out
of the Treasury, to the Said Moses Fogg, Junr in notes,
the wages due to him, in the same manner he would have
done, if they had not been drawn by a forged order.

March 6, 1 787.

Chapter 101.

RESOLVE ON THE PETITION OF JOSIAH BEMIS, JUN. LIBERAT- niinrn 1f)1
ING HIM FROM GOAL ON CERTAIN CONDITIONS. KsfiajJ.lVl

On the Petition of Josiah Bemis, junior, now Com-
mitted To the common Goal for the County of Suffolk,
on two Judgments in Favour of the Commonwealth, in
the whole amounting to One Hundred and Fourteen pounds
Jive shillings and Two pence; declaring that he hath not
now any property To Satisfy the same, and praying To
be Released from his imprisonment, &c.

Resolved, that on the said Bemis's making and signing
his promissory-note To Thomas Ivers, Esqr ; Treasurer,
and his Successor in Office, for the sum of One Hundred
and Fifteen pounds Five shillings and Two pence, being
the contents of said Judgments and costs of Executions
thereon, and commitment, payable on Demand, with in-
terest till paid, and delivering the same To the Keeper of

484 1786. — January Session.

the said Goal, and paying Prison Charges, he be Liber-
ated from his imprisonment on the aforesaid Judgments ;
and the said Keeper of the Goal, is hereby directed to
deliver the said Note to the Treasurer, and file an At-
tested copy of this Resolve in the Clerk's office, with the
executions by virtue of which the said Bernis was com-
mitted. March 6, 1787.

Cliaj)

Chapter 102.

.102 RESOLVE REQUESTING THE GOVERNOUR TO WRITE TO THE GOV-
ERNOUR OF NEW YORK, IN THE MOST PRESSING TERMS, FOR
THE APPREHENDING CERTAIN PERSONS WHO HAVE FLED
TO THAT STATE, THAT HAVE BEEN CONCERNED IN THE
LATE REBELLION, AND TO REQUEST OUR FORCES MAY BE
PERMITTED TO MARCH WITHIN THE LIMITS OF HIS JURIS-
DICTION.

Whereas in the third article of the Confederation of the
United States, it is expressly declared, that, "the said
States hereby enter into a firm league of friendship with
each other, for their common defence, the security of
their liberties, and their mutual and general welfare, bind-
ing themselves to assist each other, against all force
offered to, or attacks made upon them, or any of them,
on account of religion, sovereignty, trade, or any other
pretence whatever."

And in the fourth article of the same Confederation, it
is also expressly declared, that, " If any person guilty of,
or chargeable with treason, felony, or high misdemeanor
in any State, shall flee from Justice, and be found in any
of the United States, he shall upon demand of the Gov-
ernor or executive power of the State, from which he fled,
be delivered up, and removed to the State, haviDg juris-
diction of his offence."

And Whereas a rebellion has by the Legislature, been
declared to exist, and still exists within this Common-
wealth, and a number of the leaders, and others concerned
therein, have fled from Justice into the State of New
York, and from thence have made incursions and depre-
dations on the citizens of this Commonwealth ; and it is of
the highest consequence to this Commonwealth, and to
the State of Neic York, immediately, and in its effects
to the United States, that the said leaders and others
should be apprehended, secured and brought to Justice
as speedily as possible.

1786. — January Session. 4,85

Therefore Resolved, that the Governour be, and he is
hereby requested, immediately to write to the Governor
of New York, by express, urging him in pressing terms,
that the most speedy and effectual measures may be taken
by the authority of that Government, for the apprehending
and securing such offenders as aforesaid, who have fled
from this Commonwealth, and taken refuge within the
limits of that Government, and transmitting them to the
authority of this Commonwealth, conformably to the afore-
said articles of the Confederation : And further to request
the Governor of JVew York, to permit the forces of this
Commonwealth, to march within the limits of his jurisdic-
tion, when it shall be judged necessary by the Commanding
Officer of the said Forces, for the purpose above-men-
tioned ; and to direct and require all Officers, civil and
military, and the good citizens of that State, to afford to
the said forces such countenance, aid and comfort, as
their circumstances may render necessary ; and that he
will strictly enjoin upon all persons under his Govern-
ment, not to harbour, conceal, or in any way assist any of
the said offenders. March 6, 1787.

Chapter 103.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOW*
OF LEBANON, REPEALING A RESOLVE FOR ASSESSING T
INHABITANTS OF SAID TOWN, AND ABATING SAID TOWN
SEVENTY-FOUR POUNDS ONE SHILLING AND EIGHT PENCE,
FOR A FINE LAID ON SAID TOWN.

On the Petition of the Selectmen of the Town of Leb-
anon, seting forth, that by order of Court, the said Town
of Lebanon Did, from the year 1779, to the year 1781,
Assess the Inhabitants of the Plantation Called Shapleigh-
ton, adjacents to Said Lebanon, in several Taxes ; but
upon application to the Court of Sessions the said Adja-
cents were abated one hundred and six pounds, which Sum
was to be assessed on the Inhabitants of Ijebanon; and
further seting forth, that the Town of Lebanon, was fined
the Sum of Seventy four pound one Shilling and Eight
pence, for Deficiency of one Soldier supposed to be more
than their Due proportion ; for Reasons Set fourth in
their Petition :

Resolved, that the resolve for assessing the Inhabitants
of the Town of Lebanon, the sum of one hundred and six

H Chap.103

486 1786. — January Session.

pounds, be, and hereby is repealed, and that the said
Town of Lebanon, be, and hereby is abated Seventy four
Pounds one shilling and eight pence, being a tine set on
said Town for a Deficiency of one man ; and the Treas-
urer of the Commonwealth, be, and hereby is directed, to
Credit said Town of Lebanon accordingly.

March 6, 17S7.

Chap.lOl

Chapter 104.

RESOLVE ON THE PETITION OF GORDON HUTCHINS, ENTITLING
HIM TO THE SAME PROCESS IN THE PREMISES, AS HE
WOULD HAVE HAD, HAD THE WRIT OF EXECUTION BEEN
DULY RETURNED.

Whereas it appears to this Court, that a writ of Execution
which issued on a Judgment recovered by Levi Willard,
Jonas Cutler, and Gordon Hut chins, against the Admin-
istrators on the estate of Ithamer Hubbell, before the
Inferior Court of Common Pleas for the county of Berk-
shire, April Term 1765, was levied on real Estate, but
hath been lost or mislaid; and as the said Gordon, the
only survivor of the said creditors, hath petitioned for
the interposition of this Court, in the premises :

Therefore Resolved, that the said Gordon Hutchins, be,
and he hereby is entitled to the same legal process and
remedy in the premises, as he would have been, had the
said lost writ of Execution been duly returned wholly
unsatisfied ; any law to the contrary notwithstanding.

March 7, 1787.

Chapter 105.

Chan 105 resolve on the petition of william parsons, empow-

V' ERING THE ADMINISTRATORS TO PROSECUTE ANY PERSON

IN ANY ACTION, REAL, PERSONAL, OR MIXED, TO ALL
INTENTS, AS SUCH ADMINISTRATOR MIGHT IF HE WAS
LEGALLY APPOINTED TO THE ESTATE OF THE INTESTATE
BY THE JUDGE OF PROBATE OF WILLS.

On the Petition of William Parsons, of Sanford, in the
County of York, Administrator on the Estate of Edward
Parsons, of Newmarket, in the State of JVeiv hams hire,
Esqr ; deceased, praying to be empowered to sell the Real
Estate of the deceased, which lays within this Common-
wealth, and to act as an Administrator in other respects :

1786. — January Session. 487

Resolved, that the said William, in his said capacity,
be, and he hereby is impovvered, to make Sale of all the
real Estate whereof the Intestate died seized within this
Commonwealth, for the most the same will fetch, and to
make and duly execute a good and sufficient Deed or
Deeds of the same, the said Administrator first giving
bond to the Judge of Probate of Wills, &c. for the County
of York aforesaid, to observe such Kules and Orders as
the Laws of this Commonwealth enjoin on Administrators
in the Sale of real Estates, and to account with the Judge
of Probate of Wills, &c. for the County of Rockingham,
in the State of JSfewhamsliire aforesaid, for the proceeds
of all such Estate as he shall dispose of, by Virtue of this
Resolve.

And it is further resolved that the said Administrator,
be, and he hereby is impowered, to prosecute any person
or persons in any Action, real, personal or mixt, as fully
and amply to all Intents and purposes, as such Adminis-
trator might or could prosecute the same, if he was duly
and legally appointed Administrator to the Estate of the
Intestate by the Judge of Probate of Wills, &c. for any
County within this Commonwealth. March 7, 1787.

Chapter 106.

RESOLVE ON THE PETITION OF BENJAMIN LINCOLN, JUN. TO
NOTIFY THE ADVERSE PARTY TO SHEW CAUSE, &C. SUS-
PENDING JUDGMENT, AND STAYING EXECUTION.

On the petition of Benjamin Lincoln, junr. Attorney to
Stephen Hussey and Jonathan Jenkins, administrators of
the estate of Abraham Pease, deceased.

Resolved that the prayer of the said petition be so far
granted, that the said Hussey and Jenkins, notify the said
Parker, by serving him with an attested copy of the said
deceased's, and the said Lincoln's petition, and the several
orders thereon taken, fourteen days before the second
Wednesday of the next sitting of the next General Court,
then to appear, and shew cause, if he have any, why the
prayer should not be granted, and in the mean time,
that the judgment recovered upon the default of the said
Pease, be suspended, and execution be stayed.

March 7, 17S7.

Chap.106

488 178G. — January Session.

Chapter 107.

Chan 107 resolve 0N THE petition of jeremiah colburn, direct-

■L ' 1NG A DISCHARGE IN THE TREASURY FOR THE SUMS MEN-

TIONED, AND THE TREASURER DIRECTED TO DELIVER A
CERTIFICATE THEREOF.

Whereas it appears to this Court, that Jeremiah Col-
burn, served as a Lieutenant, under Waterman Thomas,
Esq ; at the siege of Penobscot, and rendered other ser-
vices to this Commonwealth, in the Year 177t*, for which
he hath received no Compensation :

Resolved, That there be paid out of the public Treasury,
to the said Jeremiah Colburn, the Sum of Eight pounds,
in full for his pay as a Lieutenant, under Captain Thomas,
and four pounds ten shillings, for his Time and Expences
in performing a Journey from Penobscot River to Boston,
in the Month of July, 177U, and for his Services with the
Penobscot Indians.

And it is further Resolved, that on the said Colbum's
giving a Discharge in the Treasury for the aforesaid Sums
of Eight pounds, and four pounds ten shillings, the Treas-
urer be, and he is directed, to deliver him a Certificate
thereof, which Certificate shall be received as so much
Specie in payment of any Lands belonging to this Com-
monwealth, which the said Colburn m:iy purchase of the
Committee for the Sale of Unappropriated Lands in the
County of Lincoln; and the said Committee are hereby
directed to govern themselves accordingly.

March 7, 1787.

Chapter 108.

Chart 108 RES0LVE 0N THE petition of jeremiah lord, directing

KJILUJJ, O THE TREASURER T0 pAY THE WAGES DUE TQ HIM. THE

FORGED ORDER NOTWITHSTANDING.

On the Petition of Jeremiah Lord, representing, that
the notes due to him for his Service in the late American
Army, have been drawn by Capt. Daniel Pilsburg, on a
forged Order, and praying the Consideration of this Court :

Resolved that the Prayer thereof be granted, and that
the Treasurer be, and he hereby is directed, to pay Out
of the Treasury to the said Jeremiah Lord, in notes,
the wages due to him, in the same manner he would have
done if they had not been drawn by a forged Order as
aforesaid. March 7, 1787.

1786. — January Session. 489

Chapter 109.

RESOLVE ON THE REPRESENTATION OF WILLIAM FROBISHER (JhaD 109
AND CALEB WILDER, EMPOWERING A COMMITTEE OF BOTH 1 *

HOUSES, IN THE RECESS, TO RECEIVE SUCH DESCRIPTIONS
IN WRITING, OF THEIR RESPECTIVE METHODS AND PROC-
ESSES FOR MAKING AND ASSAYING POT-ASHES AND PEARL-
ASHES, AS THEY SHALL REQUEST TO BE MADE PUBLIC, AND
CAUSE THE SAME TO BE PUBLISHED, &c.

Whereas it is of great Importance to the Landed as well
as Mercantile Interest of this Commonwealth, that the
manufacturing of Pot- Ashes and Pearl- Ashes within the
same, should be performed in such a Way, and by such
Process, as will produce the greatest Quantity of Salts
from any given Quantity of Ashes ; and also that the Pot-
Ashes and Pearl-Ashes formed from those Salts, may be
of such a Quality as to stand the Test by which those
Articles are assayed in foreign Markets.

And whereas William Frobisher, of Boston, and Caleb
Wilder, of Ashburnham, have each of them respectively
represented to this Court, that they have discovered and
are possessed of certain valuable Processes, for carrying
on the said Manufactures, and assaying the same : which
Processes, if made publick, would add greatly to the Im-
provement of that valuable Branch of Business within this
Commonwealth ; and which they are willing to communi-
cate to the publick, on Condition of receiving such a Gra-
tuity from a future General Court, as the Importance of
each or either of their Improvements may reasonably de-
serve : Therefore,

Resolved, that Richard Cranch, Esqr ; Mr. Clark, and
Mr. Bowdoin, be a Committee, who are hereby impowered
(in the recess of the General Court) to receive from the
said William Frobisher, and Caleb Wilder, or from either
of them, such Descriptions in Writing, of their respective
Methods and Processes for making and assaying Pot-
Ashes and Pearl-Ashes, as they or either of them shall
request to be made publick : And if the said Processes,
or either of them, shall appear to the said Committee, on
Examination, to contain useful and important Improve-
ments in that Manufacture, they are hereby impowered
and directed, forthwith to cause the same, or such parts
thereof as shall appear to them will be useful as aforesaid,
to be published in Pamphlets, and that such a Number of
them be printed, at the Expence of Government, as will

490 1786. — January Session.

be sufficient to furnish the Clerk of each Town and Plan7
tation, in this Commonwealth, with one of them. And
the Secretary is hereby directed, in case of such a Publi-
cation, to cause the said Pamphlets to be forthwith sent
to the several Towns and Plantations accordingly.

And it is further Resolved, that if the Process or Proc-
esses, that shall be thus discovered to the said Committee
by the said Frobisher or Wilder, and sent out to the sev-
eral Towns as aforesaid, shall on tryal be found beneficial
to the Publick, and the same be so certified by the Gov-
ernor with Advice of Council, that then, and in that Case,
the Person or Persons who made known to the Committee
such benefichil Process or Processes, shall be intitled to
receive out of the publick Treasury, such Sum, as a Gra-
tuity, as the General Court shall then deem adequate to
the Importance of the Discovery of such useful Process.

March 7, 1787.

Chapter 110.

Chap.UO (R0LL No- 3-)

The Committee appointed to examine accounts, ask
leave to report the following roll, which if allowed will
be in full discharge of said accounts.

Joseph Hosmer, per Order.

To Capt. Richard Ward, for his Service in y? first Re-
cess of the present General Court, as per Account, . £.3 7 6

To William Moore's Account for what was found and
done in the Secretary's Office, by the Secretary's
Order, 488

To the Hon'-'16 Seth Washburne's Account for Services
done for the Public, in procuring the Price of partic-
ular Articles as directed, 3 0 0

To ye= town of Southborough for Money advanced to-
wards y| support of Nicholas Hipping, and Wife, j%
poor of Gharlestown, to April 1, 1786, . . . 2 0 0

To Doctr_ N. W. Appleton, for Visits and Attendance
&c. upon Thomas Nichols, which Account was exam-
ined by y<5 Hon"'.6 Cotton Tufts, Esqr ; ... 9 15 2

To Doctr John Homans'ls Account, for taking care of,
and finding Medicines for yl poor of y" Common-
wealth, in y° Aims-House, for one year, ending ye
14th of Mag, 1786, 65 0 0

To an allowance made to ye Widow Osborne, one of je=

poor of Oharleslown, to Nov! 15th, 1786, . . . 22 19 0

To David Devins, for boarding Anna Goodwin, 73
years of Age, and a Negro AVoman, 84 years, to y
11th of Feby. 1787, being j% Poor of Uharlestoivn, . 17 6 6

1786. — January Session. 491

To an allowance made to Eliz'!1 Leman, another of the
Poor of Charlestown, to Nov: 16th, 1786, . . . £34 2 6

To an allowance made to y% Town of Woolwich for

Supplies, as per Account render'd by ji Selectmen, 15 16 0

To the Town of Medf'ord, for supplying Joanna Man-
ning, one of the Poor of Charlestown, to the 25th of
Octr , 1786, 10 10 4

To the Selectmen of Pownalborough for taking care of
Daniel and Cornelius Sullivan, the State's Poor ; Fee
Account and Bills to Support, . . . . . 32 19 8

To the Town of IValpole, for taking care of ye Widow
Hannah Lawrence, to y| 1st of Feb". , 1787, one of the
State's Poor, . . . . ' . . . . 58 4 8

To the Town of Westborough, for taking care of John
Schudemore, to yf 1st of JarV*. 1787, one of the State's
Poor, as per Bills brought in, this being the whole
amount to that time, 16 16 4

To (Jape Elizabeth, for the Milage of Soldiers in y°=
year 1781, 12 4 0

To Stephen Chorde, Esqr ; for his Service, in collecting
the Avarage Price of Beef, Corn, and other Articles, 1 10 6

To the Selectmen of Concord, for supporting yp_ Chil-
dren of W* Barron, State's Poor, to JanM 17, 1787, . 23 8 0

To the Selectmen of Marlborough, for Supplies for
Ephraim Breed's Family, ye Poor of Charlestown, to
y« first of Oct'] , 1786, . 4 2 6

To Jonathan Hastings acct., for Stationery, &c. for ye

General Court, from Nov: , 1785, to Feb". 10th, 1787, ~ 28 15 ■ 101

To John Carter, for taking care of and boarding Mehe-
table Carter, to ye= 1st of January, 1787, one of the
Charlestown Poor, 10 8 0

To the Town Lynn, for Boarding three of ye= Poor of
Charlestown, to ye= first of FebK , 1787, as per acct.
from the Selectmen, . . . . . . . 48 2 0

To Peter Edes, for Printing by order of yc= Secretary,

to Ao^ 2, 1786, ". . . 12 3 0

To Alexander Campbell, for taking up Pirates, in June,
1781,

To James Hopkins, for yp= same Service,

To George Haslam, for ye= same service,

To Edward Eveleth Powers, for Printing for yp General
Court, by order of j% Secretary, to y^ 12th of Febv
1787, '. 78 9 6

To the Selectmen of Billerica, for Supporting Dorothy
Lamson, and Eliz'!' Lamson, two Aged Women, y<i
Poor of Charlestown, to Oct'] 26th, 1786, . . . 23 8 0

To ye Selectmen of Walpole, for Supplying Charles
Adams, his Wife and two Children, with other
Charges, (State's Poor) 6 0 4

To George Fechem,of Newtown, for Boarding and Nurs-
ing James Foster, a Sick Man, one of the State's
Poor, 660

To the town of Southborongh for removing one of yf.
State's Poor, with his Family, to ye= State of Connecti-
cut, by virtue of a Warrant from another County, . 3 10 4

To Abijah Preseot, for Services for ye Commonwealth,

upon yi Estate of an Absentee, as per Account, . . 1 16 0

11 9

12 16

5 5

492

1786. — January Session.

To the Selectmen of Reading, for providing for several
of v" Charleslown Poor, to Jan?. 1st, 1787, .

To Wilson Chamberlaine, an Aged Man, one of yt Poor
of Char ie. How n, in two Accounts, and to y^ first of
Feb! , 1787,

To the Selectmen of Plimouth, for taking care of several
Paupers, belonging to no particular Town in y<l Com-
monwealth,

To the Selectmen of Haverhill, for Supporting Elizf
Hooper, to ye= 2d of Oclr. , 1786, one of the Poor of
Charleston))), ........

To the Selectmen of Lexington, for boarding Sarah
Fowle, one of the Poor of Charleslown, to Jany. 1st,
1787, an infirm Woman,

To the Selectmen of Charleston, for Supporting a
large number of their own Poor, to j% 1st of Jan11. ,
1787, as per Account,

To the Town of Bridgewater, for Supporting Christiana
Grant, and her Daughter, two of the State's Poor, as
per Account,

To Simon S/.ow\s Acct. for Services done for the Com-
monwealth to Feb? , 1787, agreeable to an appoint-
ment, ..........

To Doctr Thomas KUtridgc, for Visits and Medicines,
for several of the Poor of Charleslown, which Acct.
was examined and approved of by a Physician of the
House,

To the Selectmen and Overseers of the Poor of ye= Town
of Boston, for Boarding, &c. the State's Poor in y%
Aims-House, to y<L 1st .sep/r, 1786, including Cloath-
ing, Nursing, &c. as per Account exhibited,

To Samuel Partriige, Keeper of the Aims-House, for
his usual Allowance for extraordinary Care of ye=
Poor of yt Commonwealth in said House, the number
being very large, as appears by the Account attested
by the Selectmen of j% Town,

To David Townsend, for Supporting John Towns>nd
and Wife, and yl Widow Manning, and four Children
to Jan"., 1787, yc: latter, and February 1st, j% former
the Poor of Charleslown,

To y| Town of Midileborough, for Supporting sick In-
dians, Doctoring, House, Wood, &c. as per Account
from ye= Overseers, . ....

To Eliz'!1 Johnson, for Boarding herself to Feb? 11th
1787,' '.

To Anna Band, for Ditto to Ditto

To Lydia Wood, for Ditto to

To Elizabeth Whittemore, for Ditto to

To Katherine Piles, for Ditto to

N. B. They are yr: poor of Charleslown,

To the Town of Westoivn, for Boarding Lydia and Phila-
delphia Breed, ye Poor of Charleslown, to ye 21th of
Feb1! , 1787,

To John Russell, Printer at Northampton, for Printing
for Government by Order of y| Secretary,

Ditto
Ditto
Ditto

£39 5 4

36 6 0

22 16 0

16 16 0

6 6 0
143 19 10

98 16 0

3 0 0

15 3 0

1943 4 91

102 13 3^

83 3 0

26 1 11

19 4 0

7 4 0
7 4 0

10 16 0

1 1 0

1786. — January Session. 493

To Stebbins and Russell, Printers, by Order of Secre-
tary, to 28th of March, 1776, £9 15 2

To the Town of Marlborough for taking care of Hannah
Clark, and removing her, a State's Poor, in June
1786, 0 18 0

£.3218 2 Hi

Eead and accepted, and thereupon

Resolved, that the Governor, with the advice of Coun-
cil, be, and hereby is requested, to issue his Warrant on
the Treasury, for the payment of the sums mentioned in
the above Roll, to the persons to whom they are severally
due. March 7, 17 87.

Chapter 111.*

SIX POUNDS, TO FRANCIS JOXES, FOR ChoV.lll
APT. GORDON'S COMPANY AT BEDFORD, ■* '

RESOLVE GRANTING
HIS SERVICES IN CA
IN THE YEAR 1782.

On the petition of Francis Jones, praying for allowance
for three months service as a soldier in Capt. William
Gordon's Company, in the service of this Commonwealth,
at Bedford, in the year 1782, who was through mistake,
not borne on the roll of the said Gordon, &c.

Resolved, that the prayer of the said petition be granted,
and that there be allowed and paid out of the public Treas-
ury of this Commonwealth, to the said Francis Jones, the
sum of six pounds, in full for the said three months ser-
vice. March 7, 1787.

Chapter 112.

RESOLVE GRANTING TO JOHN BROOKS, ESQ; ONE OF THE
COMMITTEE FOR THE SALE OF UNAPPROPRIATED LANDS
IN THE COUNTY OF LINCOLN, SEVENTY FIVE POUNDS

Resolved, That there be allowed and paid out of the
public Treasury, from the Specie part of Tax No. 5,
appropriated to the Support of Government, unto John
Brooks, Esq ; one of the Committee for the Sale of unap-
propriated Lands in the County of Lincoln, the Sum of
Seventy Five Pounds, as a full Compensation for his Ser-
vices on the said Committee, from JSTovembl' 30, 1785, to
the Day of his Resignation, being the First Instant.

31arch 7, 1787.
* Taken from court record.

ChapM2

494 1786. — January Session.

Chapter 113.

Chan 113 RES0LVE granting pay to the chaplain of the two

^ * HOUSES, AND TO THE CLERK OF EACH HOUSE.

Resolved, that there be allowed and paid out of the
Treasury of this Commonwealth, unto the Revd. Peter
Thatcher, Chaplain of the General Court, the sum of
twelve Pounds, And unto Mr. George Richards Minot,
Clerk of the House of Representatives, and Mr. tSamuel
Cooper, Clerk to the Senate, the Sum of fifty five pounds
Each, in full of their services respectively, the present
year. March 7, 1787.

Chap

Chapter 114.

y\A RESOLVE ON THE MEMORIAL OF JOHN JONES SPOONER,
ESTABLISHING THE PAY OF THE OFFICERS OF THE AR-
TILLERY.

On the Memorial of Major John Jones Spooner, for
reasons therein set forth :

Resolved, That all Adjutants, and Quarter Masters of
Artillery (in consideration of the extra Duty that devolves
upon such officers) shall be, and they are hereby allowed
eight pounds Lawful money per month, and no further
allowance shall be made to such Adjutant and Quarter
Master, for services by them done in any other Capacity ;
and the officers required to make out the Pay Rolls, are
directed to govern themselves accordingly : any Law or
Resolve of this Commonwealth to the contrary notwith-
standing. March 7, 1787.

Chapter 115.

Chfin 11^ RESOLVE ON THE PETITION OF BENJAMIN WHITE, ESQ; DIRECT-
° ■/ ING THE TREASURER TO RECEIVE GOVERNMENT SECURITIES

IN DISCHARGE OF A BALANCE DUE.

On the Petition of Benjamin White, Esqr ; late one of
the Committee on accounts, praying that he may be
allowed to discharge an apparent ballance of two hundred
and eighty pounds, due from said Committee to the State,
in Government securities :

Resolved, that the Treasurer of this Common Wealth,
be allowed and directed, and he is hereby accordingly
directed, to receive of said Benjamin White, the sum of

1786. — January Session. 495

two hundred and eighty pounds, in Government securities,
in full discharge of the note given by the said Benjamin
White, for the ballance aforesaid; the said White, first
paying all charges that attended the legal prosecution of
the same. March 7, 1787.

Chapter 116.

RESOLVE ON THE PETITION OF RICHARD CRANCH, ESQ; DIRECT- pjinr) 11C
ING THE TREASURER TO PAY HIM THE MONIES DUE TO HIM 1 ''

OUT OF THE LAST TAX.

On the petition of Richard Cranch, Esqr ;

Resolved that the Treasurer of this Commonwealth, be,
and he hereby is impowered and directed, to pay what
remains due to the said Richard Cranch, for his services
in Examining and certifying the Calculations of the con-
solidated Notes that have been issued by this Common-
wealth, (so far as the same has been examined and allowed
by the Committee on Accounts) out of that part of the
last Tax which is appropriated to the use of Government.

March 7, 1787.

Chapter 117.

RESOLVE RESPECTING THE TROOPS MARCHING OUT OF THE

STATE.

Whereas by the Constitution of this Commonwealth, it
is provided, that "the Governor shall not at any time
hereafter, by virtue of any power, by this Constitution
granted, or hereafter to be granted to him by the Legisla-
ture, transport any of the inhabitants of this Common-
wealth, or oblige them to march out of the limits of the
same, without their free & voluntary consent, or the con-
sent of the General Court, except so far as may be necessary
to march or transport them by land or water for the
defence of such part of the State to which they cannot
otherwise conveniently have access."

And Whereas it may be necessary that the forces of this
Commonwealth, now raised, or that may be hereafter raised
for the purpose of subduing the present rebellion, should
march out of the limits of the same.

Resolved, That this General Court do hereby consent,
that his Excellency the Governor, if he shall think it
necessary, may give orders that the said forces be marched

Chap.117

496 1786. — January Session.

out of the limits of this Commonwealth, into the bounds
of any of the States adjacent thereto, for the purpose
abovementioned. March 8, 1787.

Chap

Ch. 118a

Chapter 118.

Qg RESOLVE RESPECTING THE 20 MILES FALLS IN ANDROSCOGGIN
RIVER, TO BE CONSIDERED THE UPPERMOST FALLS, AND
DIRECTING THE COMMITTEE OF THE UNAPPROPRIATED LANDS
IN LINCOLN COUNTY, NOT TO DISPOSE OF LANDS ON SAID
RIVER, AND BETWEEN SAID RIVER, AND LANDS CLAIMED BY
THE PLYMOUTH COMPANY, TO THE SOUTHWARD OF THE
SOUTH LINE OF BAKER'S TOWN, &o.

Resolved, That the twenty miles falls, so called, in
Androscogin River, being about twenty miles from Bruns-
wick great fills, so called, be, and they are hereby consid-
ered the uppermost falls, called the uppermost great falls
in Androscogin River, refered to in the Deed from
Werumbee and six other Indian Sagomores, confirming the
Right of Richard Warton and Thomas Purchase, executed
July 7th, in the Year of our Lord 1684, in the thirty fifth
Year of the Reign of King Charles the second.

And it is further Resolved, as the boundaries of the
Perjepcut Company, so called, have not been ascertained,
that the Committee on the Subject of the unappropriated
Lands in the County of Lincoln & Cumberland, be, and
they are hereby directed, not to locate or dispose of any
lands lying upon Androscogin River, & between sd River
and Lands claimed by the Plymouth Company, to the
Southward of the South Line of Baker's Town, bounded
at the said great fall in Androscogin river aforesaid, on
the west and the South line of Port Royal, on the East of
said Androscogin River. March 8, 1787.

Chapter 118a.*

RESOLVE REQUESTING THE GOVERNOUR TO WRITE TO THE
DELEGATES AT CONGRESS, RELATIVE TO THE FEDERAL
TROOPS THAT WERE ORDERED TO BE RAISED WITHIN THIS
COMMONWEALTH.

Whereas this Commonwealth, is involved in great ex-
pence for the suppression of the rebellion which now exists
within the same, by which means it is rendered impracti-
cable to aflbrd supplies for the federal troops, ordered by

* This chapter was not numbered in previous editions.

1786. — January Session. 497

Congiess to be raised within this State, from any funds
that are, or can at present be devised, other than monies
arising by virtue of a requisition of Congress, dated the
27th. day of /September, 1785.

Therefore Resolved, that the Governor be & he hereby
is requested, to write to the Delegates of this Common-
wealth in Congress, directing them as soon as may be, to
move in Congress, that a resolution pass, by virtue whereof
any advances that are or may be made by this Common-
wealth, for the raising, cloathing & subsisting the afore-
said troops, may be considered & accepted in part payment
of the aforesaid requisition, and that the said Delegates in
Congress also move, that the federal troops, ordered to be
raised in Ntw York, & the States eastward of it, may be
directed to afford their aid in pursuing, apprehending and
securing or destroying, if necessary, in any place, within
the limits of the United States, those persons who have
been concerned in the rebellion now existing within this
Commonwealth. March 8, 1787.

Chapter 119.

RESOLVE ON THE PETITION OF THOMAS SOMERF, GRANTING fhoT) 119
HIM TWENTY POUNDS, FOR CERTAIN PURPOSES. "'

On the Petition of Thomas Somers, setting forth, his
being possessed of certain Descriptions and Models of
Machines for the facilitating Labour, in the Carding, rop-
ing and Spinning of Cotton Wool ; and also his knowledge
of adapting the thread for, and of weaving Dimities, plain,
striped, and check Muslins, Callicoes, Jeans, Jeanetts,
and other Cotton Manufactures ; and praying that he may
receive some Encouragement for the establishing the Cot-
ton Manufacture within this Commonwealth :

With a View to encourage the aforesaid Manufactures,
and to give the said Somers, an opportunity to give Speci-
mens of his Abilities to perfect the Manufactures sett forth
in his said Petition :

Resolved, That there be paid out of the public treasury,
by Wan ant from the Governor and Council, Twenty
Rounds Lawful money, to be applied to the purposes
aforesaid, which Sum shall be deposited in the hands of
Hugh Orr, Esqr ; of Bridgewaler, who shall be a Com-
mittee to superintend the Application of the same.

March 8, 1787.

498 1786. — January Session.

Chapter 120.

Chap. 120 Resolve respecting the carding and spinning machine,

*' BY ROBERT AND ALEXANDER BARR, APPOINTING A COM-

MITTEE TO EXAMINE THE MACHINE, AND REPORT AN
ADEQUATE REWARD.

Resolved, that Richard Cranch, Esqr ; with such as the
Honb.le House shall join, he a Committee to examine the
Machines now making at Bridgeicater, by Robert and
Alexander Barr, under the Patronage of the General
Court, for the purpose of carding and spinning Cotton,
and Sheep's Wool, which Machines are now nearly com-
pleated : And the said Committee, are hereby impowered
and directed, as soon as may be, to examine the Accounts
of the said Robert and Alexander Barr, respecting the
Expence they have been at, in making those Machines,
and to allow the same, or so much thereof, as to them shall
appear reasonable ; and also to report to the next General
Court, what Gratuity, in their Opinion, the said Robert
and A lexander, justly deserve, as a Reward for their Inge-
nuity in forming those Machines, and as an Encourage-
ment for their publick Spirit, in making them known to
this Commonwealth.

And the said Committee are further directed, to report
their Opinion, in what manner those Machines may be
disposed of, so as to make them most universally known,
and generally useful to this Commonwealth.

March 8, 1787.

Chapter 121.

rn> "191 RESOLVE REQUESTING THE GOVERNOR TO WRITE TO CON-

L/fiap.L^L GRESS FOR COMMISSION TO GENERAL LINCOLN, TO MARCH
TO ANY PART OF THE UNITED STATES.

Resolved that his Excellency the Governor, be, and he
hereby is requested, to wrrite to Congress, acquainting
that honorable body, of the present state of the rebellion,
now existing within this Commonwealth, & the difficulty
of putting a final end thereto, while the leaders & others
concerned in the said rebellion, can take refuge out of the
lines of the said Commonwealth, where they may have
frequent opportunities of making incursions into, and
annoying, distressing & laying was>te the estates of the

1786. — Januaky Session. 499

inhabitants on the borders of this State, unless the forces
of this Government can enter into territories without the
bounds thereof; & requesting Congress to give a commis-
sion under the authority of the United States, to Major
General Lincoln, who commands the said forces, with full
power & authority, to march the said forces into any
territory within the said United States, for the sole pur-
pose of apprehending the said leaders, & others concerned
in the said Rebellion, and bringing them to Justice.

March 8, 1787.

Chapter 122.

RESOLVE FOR GRANTING PAY OUT OF THE SPECIE PART OF
THE TAX, OF THE REQUISITION OF CONGRESS OF SEPTE
BER, 1785, IN ADDITION TO THE SUM BORROWED, NOT TO
EXCEED FIVE THOUSAND POUNDS, FOR THE PAY, CLOATH-
ING AND SUBSISTANCE OF THE FEDERAL TROOPS.

Resolved that there be paid out of the Treasury of this
Commonwealth, of the monies which shall be received on
account of the tax granted for the specie part of the requi-
sition of Congress of the 27th of September, 1785, in addi-
tion to the sum of Two thousand five hundred pounds
directed to be borrowed by a resolve of this Court of the
30th of October, 1786, such further sum, as the Governour
with the advice of Council, shall judge necessary to com-
pleat the raising Six hundred and sixty men, as ordered
by the aforesaid resolve, and for the pay, cloathing and
subsistance of the said men : Provided that the said sum
shall not exceed five thousand pounds. March 8, 1787.

™ Chap.122

Chapter 123.

RESOLVE ON THE MEMORIAL OF THE NAVAL OFFICER FOR THE
PORT OF BOSTON, ALLOWING HIM FIVE HUNDRED POUNDS
FOR HIS SUPPORT, AND THE PAY OF HIS DEPUTY, &c. AND
THE RESIDUE TO BE PAID INTO THE TREASURY, AND AFTER
THE 23d DAY OF JUNE NEXT, THE WHOLE FEES ARISING
FROM THE TABLE OF FEES BE ALLOWED FOR THE SUPPORT
OF SAID NAVAL OFFICER, PROVIDED.

Whereas by a Resolve of the General Court, passed the
23d of June, 1785, the Naval Officer for the port of Bos-
ion, was directed to pay into the treasury of the Common-
wealth, seven twelfths of all the fees which he might

Chap.123

500 1786. — January Session.

thereafter receive ; and whereas the residue is found in-
adequate to the support of said office. Therefore,

liesolved that out of the Fees established by Law for
the support of Naval Offices, and which have been, or
may be received in the Port of Boston, from the 23rd of
Jane, 1785, to June 23?, 1787, there be allowed to the
Naval Officer of said port, Five hundred pounds per
annum for his support, and the pay of his Deputy, and
all other Expences, and that the Residue of said Fees be
paid into the public Treasury, any thing in said Resolve
to the contrary notwithstanding : and the Comptroller
General and Treasurer are hereby directed to take order
accordingly.

liesolved, That from and after the twenty-third day of
June next, until the further order of this Court, the whole
fees arising in the port of Boston, from the fee table es-
tablished or to be established for the support of Naval
Offices in this Commonwealth, be allowed for the support
of the Naval Office of said port, provided the amount
thereof be in no one year more than four hundred pounds.

March 8, 1787.

Chapter 124.

Chan.124: resolve granting to doctor Joseph Whipple, thirty

1 ' THREE POUNDS FIVE SHILLINGS AND TEN PENCE, FOR

MEDICINE AND ATTENDANCE ON PERSONS AT RAINSFORD'S
IS LAN D.^

On the Account of Doctr Jos^ Whipple:
liesolved, That there be allowed and paid out of the
treasury of this Commonwealth, thirty three pounds five
shillings and ten pence, in full of his account, for medi-
cines and attendance on sundry persons at Rainsford> g
Island, from June 20th, 1782, to Octr 31st, 1783, in-
clusive. March 8, 1787.

Chap.125

Chapter 125.

RESOLVE RESPECTING THOSE REBELS WHO ARE INT VERMONT.

liesolved, that his excellency the Governor be, & he is
hereby requested, again to write to the Governor of Ver-
mont, representing to him the sense this Commonwealth
has of the religious as well as political obligations which
neighbouring States are under to perform every act of

1786. — January Session. 501

friendship towards each other, & more especially to take
every effectual measure to prevent fugitives from Justice
harbouring themselves within their respective territories :
That the Government of Vermont can recollect, that this
Commonwealth, has heretofore conducted towards them
in conformity to the most liberal principles, & are unwill-
ing to entertain a doubt of a different conduct in them ;
That it is notorious, that a number of the leaders of the
rebellion in this Commonwealth, and others concerned
therein, have actually taken shelter, & been entertained
and supported by numbers of the citizens of that State ;
whereby not only the good citizens of this Commonwealth,
contiguous to the borders of that territory, are continually
exposed to the incursions & depredations of the rebels,
but the Government of Vermont, itself, is in danger of
having the flames of insurrection & rebellion enkindled
within the same : That the Governor of this Common-
wealth, has in a friendly letter, informed the Governor of
Vermont thereof, & altho he has received no answer, yet
this General Court conceive, that they have a right to ex-
pect, that a ready & full compliance has been made to the
request expressed therein. And inasmuch as it will be
attended with difficulty for this Government totally to
suppress the present rebellion, & to prevent depredations
upon its frontier towns, bordering upon Vermont, while a
number of the rebels shall contine to harbour themselves
therein, the Governor is farther requested to apply to the
Governor of Vermont, to deliver up to the Authority of
this State, those Rebels belonging to this Commonwealth,
who have taken Refuge within his limits, or to permit the
forces of this Commonwealth, to enter within his limits for
the purpose of apprehending, securing & bringing the said
Rebels to Justice, & to direct that all Officers civil &
military, & all the good citizens thereof, give to the said
forces, all necessary aid for the purposes aforesaid.

March 8, 1 787.

Chapter 126.

RESOLVE RESPECTING FIVE TOWNSHIPS ORIGINALLY GRANTED QJkij) \2Q
TO DAVID MARSH, AND OTHERS, LYING BETWEEN PEXOB- ■*■ '

SCOT RIVER AND UNION RIVER, ALLOWING THE SETTLERS
A FURTHER TIME FOR THE PURPOSES MENTIONED.

Whereas by a Resolve of the General Court, passed the
Eighth Day of July last, Five of the Townships originally

502 1786. — January Session.

granted to David Marsh and others, lying between
Penobscot River and Union River, viz. the Townships
No. 1, 2, 4, 5 and 6, were confirmed to the proprietors
on certain Conditions ; and whereas it is expedient, that
the time allowed to the proprietors by said Resolve, for
quieting the Settlers, and to the Settlers for paying to the
proprietors Treasurer thirty shillings each, to be appro-
priated to the surveying and dividing of said Townships,
and laying out, cleaving and repairing of Roads, should
be prolonged :

Therefore Resolved, that the said Settlers be, and they
are hereby allowed the further time of six months from
the date hereof, for the paying of said thirty shillings to
the proprietors Treasurer, and the proprietors are also
allowed the farther time of Eight months for alloting and
meeting out the Lands to the Settlers, and for public
Uses, and making Returns of the same agreeably to said
Resolve ; an}^ thing therein contained to the contrary not-
withstanding : and if no return shall be made within Eight
months as aforesaid, to the Committee on the subject of
Unappropriated Lands in the County of Lincoln, then the
same proceedings shall be had thereon, as were pointed
out by said Resolve. March 8, 1787.

Chapter 127.

Chan 127 Resolve directing the delegates to move congress

* ' relative to half pay to officers, to extend to the

widows and orphans of such officers who fell in

the service of their country, previous to the year

1777.

Resolved, that his Excellency the Governor be, and he
is hereby requested, to write to the Delegates of this
Commonwealth, in the Congress of the United States,
directing the said Delegates to move in Congress, that
the benefits of the Resolve of Congress, of the eighth day
of May, 1778, may be extended to the Widows and
Orphans of such Officers, as fell in the service of their
country, during the late War, previous to the year 1777,
and who are not entitled to the benefits of the said
Resolve. March 9, 1787.

Chap. 128

Chapter 128.

RESOLVE DIRECTING THE COMMISSARY GENERAL TO CONTRACT
FOR RATIONS FOR THE ARMY.

Whereas it is necessary some further measures should
be adopted to supply the Troops that have been, or that

1786. — January Session". 503

may be raised, for the suppressing the present Rebellion,
regularly with Provisions, during the time they may be
continued in the service of this Commonwealth.

therefore Resolved that the Commissary General of this
Commonwealth be, and he is hereby empowered and
directed, if he shall judge it most for the interest of the
Publick, to contract with such person or persons, as may
offer to supply the said Troops on the most reasonable
terms, the following Rations, or any part thereof — to wit.

One pound of good Bread or flour pr. day.
One pound of Beef or three quarters of a pound of Pork
pr. Day.

One jill of Rum or Brandy per day.

One jill of Pease, or Vegetables equivalent, per day.

Two quart of Salt to one hundred men, per day.

Two quarts of Vinegar to one hundred men, per day.

four pounds of Soap to one hundred men, per day.

Two pounds of Candles to one hundred men, per day.

And the Commissary General or his Deputy, is hereby
empowered and directed, on application from any com-
manding Officer or Officers of any Corps of the Army, to
commute the whole, or any part of the aforesaid rations,
with such Corps, and to agree with the person or persons
who may contract as aforesaid, to supply an equivalent to
the satisfaction of such corps, in any other species of Pro-
visions in lieu thereof.

And be it further Resolved that the Treasurer of this
Commonwealth, be, and he is hereby directed, to pay out
of the Publick Treasury of this Commonwealth, to Rich-
ard Devens, Esquire, Commissary General, the sum of /Six
thousand pounds one third part thereof out of the money
that shall be borrowed by the Treasurer by virtue of an
act passed by the General Court at their present session,
one third part thereof out of the specie part of the last
State Tax, and one other third part thereof out of the
specie Taxes which were assessed previous to the year, one
thousand seven hundred & eighty four.

And in case the Commissary General shall not be able
to contract for the supply of said Troops in manner afore-
said :

Resolved, that the Commissary General be, and he is
hereby further directed and empowered, to supply the
said Army with the necessary Provisions in the best way

501 1786. — January Session.

and manner he can, to the full amount of the money here-
in before Granted, if necessary, he to be accountable for
the same. March 9, 1787.

Chapter 129.

Chap. 129 (ROLL No. 4.)

The Committee of both Houses, appointed to examine
Accounts, ask leave to report the following Roll, which if
allowed will be in full Discharge of said Accounts.

Joseph Hosmer, per Order.

To Zenas Parsons, for Supplies for the Troops with Gen.

Shepnrd, in Sept''. , 1786, as per Acct £11 1 5

To the same Person, for other Supplies for yf Militia in

the County of Hampshire, in Sept':, 1786, . . . 13 13 5
To William Smith, for Supplies for the Militia, in the

same County, and in the same Mouth, and year, . . 39 9 1\

£64 4 b\

Read and accepted, and thereupon

Resolved, that his Excellency the Governor, with the
advice of Council, be, and he hereby is requested, to draw
his Warrant on the Treasury, for the payment of the
several persons borne on the aforesaid Roll, the sums due
to them respectively. March 8, 1787.

Chapter 130.

Chap.nO

RESOLVE FOR PAYING THE MILITIA THAT HAVE BEEN EM-
PLOYED BY GOVERNMENT, TO SUPPRESS THE LATE RE-
BELLION, AND DIRECTING THE TREASURER IN THIS CASE.

"Whereas the General Court in its present Session, have
passed an Act providing for the pay and subsistence of
the militia, that have been, now are, & may be employed
by Government, in suppressing the present rebellion, &
have directed a loan of Forty thousand pounds to be made
on the credit of the unappropriated part of the revenue,
arising from Imposts & Excise :

And Whereas the monies arising from the funds afore-
said, may not be so speedily collected as may be wanted
for the pay of the militia that have been lately employed
as aforesaid : Therefore,

Resolved that the treasurer be, & hereby is empowered
& directed, to pay to the several Officers & Soldiers that

1786. — January Session. 505

have been or shall be employed as aforesaid, such sum or
sums as shall be due to them respectively on the rolls
made up & allowed according to Law, out of the fund
aforesaid, or out of the specie part of the tax granted in
March last, as shall most facilitate such payment.

And it is further Resolved that the Treasurer receive of
the several Collectors of the tax aforesaid, any order from
any of the Officers or Soldiers aforesaid, drawn in favour
of such collector, as shall present the same, or of the
Selectmen of the town to which the officer or soldier
belongs, as equal to specie, not exceeding the sum due to
such Officers or Soldiers respectively borne on the said
rolls.

Resolved that the Governor & Council be, & they are
hereby empowered & requested, to examine & adjust all
accounts of supplies of provisions and utensils, and for
transportation of the same, furnished by the Selectmen of
the several Towns to the Militia that have lately been
employed for the suppression of the present rebellion,
agreeably to the militia Law. and also the accounts of
any other person or persons who have furnished supplies
or transportation as aforesaid, for the purposes herein
expressed, so far as the same are a proper charge against
the State.

And the Governor with advice of Council is hereby
authorized to issue warrants upon the Treasurer for the
discharge of the same And the Treasurer is directed to pay
such warrants out of the specie part of Tax No. 5, or out
of such monies as may be borrowed for the pay & subsist-
ance of the militia. March 9, 1787.

Chapter 131.

(roll no. 5.) Chap.131

The Committee on Accounts having examined the Ac-
counts of the several Persons whose Names are borne
upon the following Roll, with the Vouchers accompanying
the same, ask leave to Report as their Opinion, that there
are due to the Persons named in said Roll, the Sums set
against their Names respectively; which Sums if allowed
ought to be considered as a full discharge of said Accounts.

Joseph Hosmer, per Order.

506 1786. — January Session.

To Samuel Hall, Printer, for Printing for Government,

by Order of the Secretary, to y* 20th of Ftb":, 1787, £.32 17 6

To the Selectmen of Roxbury, for Supplies for the
Troops call'd to y% Westward, in Janv , 1787, which
Acct was committed to yf: Committee on Acc(.s, . 14 4 11

To James EndicoCs Services in forwarding Orders to

Gen. Cobb, Feb? 5th, 1787, 1 10 0

To Nath{ Kingsley, for the same Services (to Col1

Pond,) 'Feb? 5th, 1787, ." 115 10

To Benjn LarkirCs Accl= for Binding Books, Paper, &c.
to Sepv: 28th, 1786, " 28 17 6

To J D Griffith, for Printing, by the Secretary's Or-
der, to Feb? 8th, 1787, . 6 5 0

To the same Person, for y° same kind of Service in ye

year 1786, . . . 550

To James Kenney, for Boarding and Cloathing Thank-
full Kenney, one of yf Poor of Charlestown, to the
"22d of January, 1787, 21 12 0

To John Austin, one of the Poor of Charlestown, an al-
lowance for his Board to March 2d, 1787, . . . 7 10 0

To jl Town of Lincoln, for Supplies to yf Soldiers, in

Jan?, 1787, "... 16 15 7

To Abijah Peirce, for Doci- Mayings Acc^ for Doct"1^
the Widow Kenney, one of y? Poor of Charlestown,
Dated March 2d, 1784, (examined by a Physician,) 3 5 6

To William Sever, for services done as Brigade Major,

in carrying Orders, .... . 5 18 6

To Joseph Frost, for the same Services, with giving

copies of Orders, &c. . . ... 11 16 0

To Isaac Tobey, of Barre, to Supplies afforded to Coll.

Stearns's Regiment in y" Month of Feb?, 1787, . . 2 12 11

To J. D Griffith, for Printing by y? Secretary's Order

in 1786, . . . 650

To a ballance Due to Jacob Kuhn, Messinger of the
House, for Sundry Supplies, such as Candles, Coal,
Wood, &c. to ye 1st March, 1787 11 14 1\

To y§ Honb.le Richard Cranch, for various Services done

for the Commonwealth to y: 6th March, 1787, . . 54 8 9

To Doctr Thomas Welch, for Visits and Medicines for
several of the poor of Charlestown, for several years,
and to Jativ 1787, . . .... 25 0 0

To the Town of Rowley, for taking care of Charles
Johntson, a sick man, and one of y? State's Poor, to
the loth of Sepf. , 1786, . . " . . . . 17 1 9

To John St.ulson, for work done at the State House, . 2 10 4

To Ezra Sergeant, Esqr ; for Posting ye Accounts of yf
Committee on Accounts for several years, in yf Re-
cess of jl General Court in 1786 and 1787, as appears
by his Account, 5 0 0

Nalh1. Cornish, for boarding Deborah Cossell, while

sick, one of the State's Poor, (P/imou/h,) . . . 13 16 0

To Gen. Bridge, for his Services as Adjutant General,

inyf years 1782, 1783, 1784 and 1785,* . . . 27 4 0

To Thomas and John Fleet, for Printing for the Com-
monwealth, to the 26th of Feb''. , 17-S7, . . . 94 16 8

To the Town of Haverhill, for Boarding Elizth Hooper,

one of the Charlestown Poor, to yf 22d of Feb". , 1787, 10 0 0

1786. — January Session. 507

To Ahrnham Foster, for what he did at the Treasurer's
office, £.1 13 0

To Li/din Boi/lslone, one of the Poor of Vharlestown, for
boarding herself to ye 3d of March, 1787. N. B.
(Aged and Lame,) . ~ 20 0 0

To Joseph Sweetser, another of the Poor of Charleston-)/,
for boarding himself, to y? 3d of March, 1787, (An
Aged Man and infirm,) 20 0 0

To Joseph Smith, of Lexington, for Boarding and Nurs-
ing Sarah Fouic, a sick Woman, one of the poor of
Vharlestown, from April 1st, 1786, to Octr 1st, 1786.
N. B. another Ace1, reported to JanM , 1787, . . 11 14 0

To Sam1. Thompson, Esqr; for a Whale Boat D'i Coll.
Hunter, by Order of W'!1 Lithgow, Junr. Esqr; in ye
Year 1782, . . . ' . . . . ". 18 0 0

Tho* B. Wait, for Printing by Order of y° Secretary, in
the County of Cumberland, to Sep*. 25th, 1786, . . 7 16 0

The Town of Billerica, for Boarding Jane Wood, one of

v State's Poor, to Nov* 24th, 1786, ... 10 10 0

The same Town, for Boarding Dorothy Lamson, one of
y<^ Vharlestown Poor in her last Sickness, with other
Charges, to JanM 1787, .... 3 18 0

The same Town, for Boarding Eliz'!' Lampson, another

of ye poor of Vharlestown, to JanM 26th, 1787, . . 3 18 0

To Justus Dwight, for Boarding Agnis Thompson, one

of ye State's Poor, to the first of May, 1786, . . 18 4 0

To James Sherman, for Painting on account of yp Castle

Boat, Oars, &c. to Aug'. , 1786, . . . " . . 14 14 0

To James White, for Paper fory: use of the Office of ye_
Clerk of the Supreme Judicial Court, to March 7th,

1787, 11 2 0

N. B. This Paper was for ye_ Records of the Com-
monwealth.

To Robert Thorndike, for the loss of a Boat in the Pe-
nobscot Expedition, in 1779 ; his great distance, &c.
preventing his applying sooner, committed by both
Houses to the Committee on Accounts, . . . 15 0 0

To the Town of Marlborough, for Removing, Nursing,
Doct'* Bill, Burying and for other Expences, an In-
dian Woman, &c. that providentially fell in there, . 3 13 2

To supplying the Troops under Gen. Lincoln, &c. in
JanM last, as appears by Account from the Selectmen
of Marlborough, with Receipts, 20 1 8

To William Wyer, for Supporting Ruth Cogswell, and
one Child, Vharlestown Poor, from Novr= 20th, 1785,
to May 20th, 1786, . . . . " . . . 7 16 0

To Ruth Cogswell, towards Supporting Herself, and
two Children, from May 20th 1786, to JanV 1st 1787,
{Vharlestown poor) . 13190

£.639 1 8h

Read and accepted, and thereupon

Resolved, that his Excellency the Governor, with the
advice of Council, be, and he hereby is requested, to
draw his Warrant upon the Treasury for the payment of

508 1786. — January Session.

the several persons borne on the aforesaid Roll, the sums
due to them respectively, amounting in the whole to six
hundred and tJiirty nine pounds, one shilling and eight
pence halfpenny. March .9, 1787.

Chapter 132.

Chap.132 resolve on the petition of waterman thomas.

Resolved, There be Allowed and paid Out of the Treas-
ury of this Commonwealth, to Waterman Thomas, Esqr.
the Sum of Seventeen hundred thirty six pounds, four
Shillings and eleven pence, in full of his account as Com-
missary, and Quarter Master, in the Eastern Department.

And the Treasurer is hereby Directed to Issue Orders
in favour of the said Waterman, for the Sum of four hun-
dred pounds, on the Specie part of the Tax Granted in
March Last, and appropriated to Defray the Expence of
Government.

And the Treasurer is Further Directed, to Issue Orders
in Favour of the Said Thomas, for the Sum of thirteen
hundred thirty six pounds, four shillings and Eleven pencey
Being the residue of y'J Sum first mentioned, on any of
the Delinquent Collectors in the County of Lincoln, for
any Tax assessed prior to the said Tax Granted in March
Last.

And the Committee on the Subject of unappropriated
Lands in the County of Lincoln, appointed by a Resolve
of the General Court of the 2Mh of Octo1: 1783, be, and
hereby are Directed, to receive the Last mentioned Or-
ders, Equal to Specie, in payment for any Lands, the
Said Thomas May purchase of the Said Committee.

And it is Further Resolved, that there be Allowed and
paid out of the publick Treasury, to James Sherman,
Deputy and assistant to the Said Commissary, the Sum
of two hundred eighty seven pounds three shillings and
ten pence, in full of his account; to be paid in the same-
manner and proportion as is Expressed in the foregoing
Resolves, Relative to the payment of the aforesaid Com-
missary, saving that Orders in favor of the said Sherman
shall be issued on Collectors in the County of Cumber-
land.

And the Said Treasurer is Further Directed, to Credit
the Town of Georgetown the Sum of One hundred and

178G. — January Session. 501)

Sixty nine pounds, Eighteen shillings and Eight pence,
in full for the Tax assessed on the Said Town in the year
1780, which Sum the aforesaid Waterman Thomas, has
Credited, and has Been allowed to this Commonwealth in
the Settlement of the sl! Thomas's account.

March 9, 1787.

Chapter 133.

RESOLVE ON THE PETITION OF JOSIAH COFFIN, ESQ. CllCtJ) 133

On the Petition of Josiali Coffin, Sole Executor on
the Estate of Josiah Coffin, Esqr ; late of Nantucket,
Deccasod, praying allowance for twelve fire arms, Six
Byonets and 2JJ6 lbs. of muskett Balls, which were Peed,
of the sd Deceased by the Committee of Supplies, in ye.
year 1775 :

Resolved, that there be allowed and paid out of the
publick Treasury, to the Petitioner, the Sum of twenty
pounds twelve sliillings and sixpence, in Full Satisfaction
for the Said Articles. March 9, 1787.

ChaplM

Chapter 134.

RESOLVE ON THE PETITION OF A COMMITTEE OF PHILLirS'S

ACADEMY.

On the Petition of the Trustees of Phillips's Academy :
Resolved, That the Lands and other Estate now belong-
ing, or which shall belong to Phillips's Academy, to Such
an amount as shall produce an income not exceeding two
hundred Pounds per annum, be, and they are hereby
exempted from Taxation, until the further order of the
General Court. March 10, 1787.

Chapter 135.

RESOLVE ON THE PETITION OF WILLIAM WETMORE, ESQ; IN fll n ,-, "( O £
BEHALF OF GEORGE ERVING, ESQ. KyUU^.X.OO

On the Petition of William Wet more, Esqr ; of Boston:
Resolved that the petitioner notify John Tiley, by serv-
ing him w7ith an attested copy of his petition and this
resolve thereon, at least fourteen Days before the second
Wednesday of the next sitting of the General Court, to
shew cause, (if any he hath) on said day, why the prayer

10 1786. — January Session.

of the said petition should not be granted, and that all
proceedings of the said John Tiley be stayed in the mean
time. March 10,1787.

Chapter 135 a.

CJ) 13^) A RES0LVE 0N THE PETITION OF WALTER MC'FARLAND, IN
ly/l. A.OOA. BEHALF OF THE TOWN OF HOPKINTON.

On the Memorial of Walter McFarland, in the behalf
of the Inhabitants of the Town of Hbpkinton, praying for
the discharge of about one hundred pounds, being the
Remainder of several Taxes found by the late Treasurer
Gray's Books, to be due from Said Inhabitants, for which
Thomas Ivers, Esqr ; present Treasurer, hath Issued his
Execution.

Resolved that the prayer of Said Memorialist be so far
granted, as that the Said Thomas Ivers, Esqr ; stay said
Execution till the third Wednesday of the next Siting of
the General Court. March 10. 1787.

Chapter 136.

/>7 iM RESOLVE ON THE PETITION OF JOSEPH FRYE, ESQ.

On the Petition of Joseph Frye, Esqr ; praying for the
confirmation of a tract of land, as set forth in the said
Petition.

Resolved that the prayer of said Petition be so far
granted, that four thousand one hundred and forty seven
acres of Land, in the County of York, in said Common
Wealth, be, and hereby is confirmed unto the said Joseph
Frye, and the other Proprietors of Fryeburg, their heirs
and assigns, in lieu of so much land released by them to
this common Wealth ; the said four thousand one hundred
and forty seven Acres is Bounded as follows, Viz. Begin-
ning at a Spruce tree, standing in the North Easterly side
line of Fryeburg, and at the Westerly Corner of New
Suncook; thence North West to the Northerly corner of
said Fryeburg; thence south West eight hundred rods,
adjoining said Fryeburg, to a beach Tree ; thence to run
from said beach Tree North, eight degrees east; and from
the said Spruce Tree first mentioned, to run North East-
erly on the North West side of new suncook, until four

1786. — January Session. 511

thousand one hundred and forty seven acres be made up
at a head line running East and West, provided the same
doth not interfere with any former Grant.

March 10, 1787.

Chapter 137.

RESOLVE ON THE PETITION OF ANDREW MACHIE, IN BEHALF ChctT) 137
OF THE TOWN OF WAREHAM. *■ '

On the Petition of Andrew Machie, on the behalf of the
Town of Wareham, praying that the time limited for the
payment of certain Taxes, by the Said Town, may be
prolonged.

Whereas by a Resolve of the General Court, passed
March 23d, 1786, Taxes on the Said Town were abated,
to the amount of three Hundred and twenty Pounds, on
Condition that the remaining Sum then due to the Treas-
urer from the Said Town, Should be paid into the Treasury,
in nine months from the date of the Said Resolve ; and it
appears reasonable, that a further time Should be allowed
for the payment of the Said remaining Sum :

Resolved, That the Said Town of Wareham Shall be
entitled to the benefit of the Said abatement, provided the
Said remaining Sum Shall be paid into the Treasury by
the Said Town, at any time before the first Day of Jan-
vary next, any Law or Resolve to the Contrary notwith-
standing. March 10, 1787.

Chapter 138.*

RESOLVE ON THE PETITION OF DAVID FAY, GRANTING HIM ni„^ lOO
NINE POUNDS. OrtOp.ldB

On the petition of David Fay, praying he may be
allowed and paid his wages, as he was a soldier in the
thirteenth Massachusetts regiment, A. D, 1777 :

Resolved that there be allowed and paid to said David
Fay, out of the Treasury of said Commonwealth, the sum
of nine pounds, in full of his wages for eight months
service. March 10, 1787.

* Taken from court record.

512 1786. — January Session.

Ckap.139

Chapter 139.

RESOLVE ON THE PETITION OF WILLIS HALL.

Whereas certain messuages, lands and tenements, lay-
ing within this Conionwealth, & late ye. estate of Isaac
Hoy all, esqr ; of Medford, in the county of Middlesex, an
absentee, deceased, not having been confiscated, were
intailed and otherwise specially devised, in & by his
last will & testament, dated ye. 26th day of May, 1778,
wc.h will hath been duly proved & approved by y! Judge
of y! probate of wills, &c. in & fur y^ county of Suffolk:
& whereas by two certain acts of the Geueral Court,
made & passed on y! 24'-h day of March, & on ye 10-h
day of November, A. D. 1784, it was among other things
declared, that the lands and buildings, wh°i' y? persons
therein mentioned held in fee simple, or by a lesser estate,
on the lUth day of April, A. D. 1775, & which had not
been confiscated, nor pledged by Government, nor sold
for ye payment of debts, &c, should be delivered up to the
persons owning y- same on the said nineteenth day of
April, or to yf persons claiming under them, provided
they were not of the description of persons called Con-
spirators ; and that such owners and claimants should
have y- privilege of disposing of the same, at any time
within three years from ye s- twenty fourth day of March,
to any citizen of this or either of y? United States : And
whereas since y- passing y- same acts, certain of y? Mes-
suages, lands & tenements aforesaid, by y? death of the
said Isaac, and pursuant to his said will, have come into
y? possession of some of the devisees therein mentioned,
who have not had opportunity, & who are minors and
have not capacity to sell and convey their estate and in-
terest therein ; and as doubts may be entertained, whether
the said devisees are within the purview of the acts afore-
said, and whether it is necessary that they should sell and
convey as aforesaid, their said estate and interest, as they
respectively come into possession :

It is therefore Resolved That y* Devisees and tenants
respectively, under y- will and testament aforesaid, who
are not capable by law of holding estates within this Com-
monwealth, be, & they hereby are authorized to sell &
convey their estate and interest in y- messuages, lands &
tenements aforesaid, to any citizen of this, or of either of

1786. — January Session. 513

the United States ; provided that a deed thereof, executed
in due form of law, be made out within three years from
the time of such tenant or devisee being seized or coming
into possession thereof; and if such devisee or devisees
so in possession, shall be under y- age of twenty one years,
then the said deed to be made out within three years from
the time of such devisees arriving at full age.

March 10, 1787.

Chapter 140.

REPORT OF THE COMMITTEE ON MAJOR-GENERAL SHEPARD'S n~knr) ~[AC\
LETTER, FEBRUARY, 1787. WMBj/.liU

Resolved, That his Excellency the Governour, be re-
quested to issue a proclamation, warning all persons
against purchasing any real estate from such persons as
are, or have been concerned in the present rebellion ; ex-
cept from such persons as are or shall be entitled to the
benefits of an Act passed by the General Court on the six-
teenth day of February last, describing the disqualifica-
tions of certain persons, & except from those to whom
indemnity shall have been promised in behalf of the Gen-
eral Court, inasmuch as such conveyances, upon the person
conveying such estate being convicted of treason, are &
will by Law be considered fraudulent and illegal.

Resolved that his Excellency the Governour be, & he
hereby is requested, to give directions to the commanding
officers of the Government Troops in the Counties of
Worcester, Hampshire and Berkshire, respectively , to arrest
all persons concerned in the present rebellion, who shall
be moving out of this State with their property & effects,
except those who are entitled to the benefits of the Act
aforesaid, untill such persons shall be acquited of the im-
putation of treason by a due course of Law, or until they
shall receive, in behalf of the General Court, a promise
of indemnity by Commissioners appointed for that purpose.

March 10,1787.

Chapter 141.

RESOLVE ON THE PETITION OF LEMUEL COX, GRANTING HIS
SIX POUNDS THIRTEEN SHILLINGS AND FOUR PENCE.

Resolved, That there be allowed and paid out of the
public Treasury of this Commonwealth, to Lemuel Cox,

Chap.Ul

514: 1786. — January Session.

the Artificer in the Corps of Artillery, under the command
of Major General Lincoln, for his Services for thirty one
Days, the Sum of Six Pounds, thirteen shillings and four
pence, which Sum is to be in full of his Account.

March 10, 1787.

Chapter 142.

Char>.14:2 order appointing mr. Israel jones, on a committee for

"' SALE OF LANDS, IN THE COUNTY OF BERKSHIRE.

Ordered that Mr. Israel Jones, be on the Committee for
the sale of the unappropriated public lands in the County
of Berkshire, in the room of John Bacon, Esqr ; resigned.

March 10, 1787.

Chapter 143.

Chan 143 resolve for paying the committee on accounts for

* ' THEIR SERVICES.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, To the Honbie Charles
Turner, Esqr ; the Sum of Thirteen Shillings and Six
pence; To the Hon. Jos Hosmer, Esq ; The Sum of Three
pounds; To John Games, Esq ; the Sum of Three pounds
thirteen Shillings, and six pence, And to Ezra Sargeant,
Esq ; the Sum of Three pounds, thirteen shillings and Six
pence, being in full for their Extra Services as Committee
on Accounts. March 10, 1787.

Chap.l4:4:

Chapter 144.

RESOLVE ON THE PETITION OF DAVID NOTES.

On the Petition of David Nbyes, of Portland, in the
County of Cumberland, praying that the sum of Thirty
jive Pounds, part of a Tax of £220, committed to him to
collect, for the Town of Falmouth, in said County, for
the year 1766, be remitted to him, and the Treasurer of
this Commonwealth directed to recall the Execution issued
against the said Petitioner for the aforesaid Thirty Jive
Pounds, and now in the Hands of the Sheriff of the Count}r
of Cumberland aforesaid, for Reasons set forth in said
Petition :

Resolved that the prayer of the Petition be granted, and

1786. — January Session. 515

that the Town of Falmouth aforesaid, be, and they hereby
are abated the thirty five Pounds aforesaid ; and the Treas-
urer of this Commonwealth is directed to recall his Execu-
tion issued against the said David JSFoyes, accordingly.

March 10, 1787.

Chapter 145.*

RESOLVE FOR APPOINTING THREE COMMISSIONERS TO PROCEED
TO THE WESTERN COUNTIES, FOR THE PURPOSES MENTIONED

Resolved, That three persons be appointed Commission-
ers, to proceed without delay into the Counties of Middle-
sex, Hampshire, Worcester and Berkshire, whose duty it
shall be, upon application made to them for indemnity, by
or in behalf of any of the persons who have been concerned
in the present rebellion, and who are not entitled to the
benefits of an Act describing the disqualifications of cer-
tain persons, passed by the General Court on the 16th of
February last, to make full and particular enquiry into
the characters and conduct of such persons, and thereupon,
in the name and behalf of the General Court, to promise
indemnity to such of the said persons, (on their taking
and subscribing the oath of allegiance to this Common-
wealth) in favor of whom satisfactory evidence shall be
produced, that they are duly penitent for their crimes, and
properly disposed to return to their allegiance to the
State, and to discharge the duty of good and faithful Citi-
zens thereof; and to do this, either with or without any
or all the conditions, restrictions and disqualifications,
enumerated in the act aforesaid ; and with, or without the
farther condition of their being bound to keep the peace,
and be of the good behaviour for a limited term of time,
not exceeding three years.

Provided, that the Commissioners aforesaid shall not be
empowered to promise indemnity, in any manner what-
ever, to Daniel Shays, Adam Wheeler, Eli Parsons, or
Luke Day, or to any person or persons who have fired
upon or killed any of the citizens, in the peace of the
Commonwealth, or to the person commanding the party,
to which such person or persons belonged, or to any of
those persons who have been considered and acted as a
Council of War for, and regulated the movements of the
rebel forces, since the 20th of January last ; or to any

* Taken from court record.

Chap.U5

510 1786. — January Session.

person or persons against whom a warrant from the Gov-
ernor and Council shall have issued, except to such as the
Governor has or shall liberate on bail or otherwise.

And it shall be also the duty of the said Commissioners,
upon application made to them, by or in behalf of any of
the persons who are entitled to the benefits of the Act
aforesaid, to make the like full and particular enquiry
into their characters and conduct, and thereupon, in behalf
of the General Court, to promise a remission of the said
conditions, restrictions and disqualifications, in whole or
in part, to such of the said last mentioned persons, in
favor of whom satisfactory evidence shall be produced,
that they are duly penitent for their crimes, and properly
disposed to return to their allegiance to the Common-
wealth, and to discharge the duty of faithful citizens, in
such manner as shall appear to the said Commissioners,
will be most promotive of the safety, honour and happiness
of the Commonwealth. And the said Commissioners are
hereby impowered to call before them any person or
persons, whom they shall judge necessary, to give evi-
dence relative to the character and conduct of any person
or persons concerning whom application shall be made to
them as aforesaid ; and also to administer oaths for the
better discovery of truth in any case which may come
before them.

And the said Commissioners are hereby instructed, not
to attend to the cases of the last described persons, in such
manner as to interfere with the duty which is herein first
assigned them : And the agreement of any two of the said
Commissioners, shall determine every question that shall
come before them.

And it is further Resolved, that in case either of the
Commissioners, who may be appointed in pursuance of
the foregoing resolve, shall decline accepting the trust, or
be unable to proceed or continue in the execution thereof,
in such case the Governor be, and he is hereby authorized
and requested, with advice of Council, to appoint others
in their room. March 10, 1787.

Chapter 146.

CliapAAQ RES0LVE GRANTING FIFTY POUNDS TO EACH OF THE COMMIS-
^' SIONERS, TO PROCEED TO THE WESTERN COUNTIES.

Resolved that there be allowed & paid out of the Treas-
ury of this Commonwealth, To the Hon--. Benja Lincoln,

1786. — January Session. 517

the Honble. Sam1. Phillips, and the HonbIe. Sam1. AUin Of is,
Esquires (who are appointed to proceed to the Western
Countys to promise pardons to Certain persons) the sum
of fifty pounds Each, They to be Accountable for the
Sums they shall respectively receive. March 10, 1787.

Chapter 147.

RESOLVE APPOINTING DELEGATES FOR CONVENTION, TO BE QJiaV.14:7
COMMISSIONED. 1 '

Whereas Congress did, on the 211t day of February,
1787, Resolve, " that in the opinion of Congress, it is
expedient that on the second monday in May next, a
Convention of Delegates who shall have been appointed
by the several States, to be held at Philadelphia, for the
sole & express purpose of revising the articles of Con-
federation, and reporting to Congress & the several
Legislatures, such alterations & provisions therein, as
shall, when agreed to in Congress, and confirmed by
the States, render the federal Constitution adequate to
the exigencies of Government & the preservation of the
Union."

And whereas the Legislature of this Commonwealth,
did on the third day of this present month, elect the hon-
orable Francis Dana, Elbridge Gerry, JVathaniel Gor-
ham, Rufus King, and Caleb Strong, esquires, Delegates,
or any three of them, to attend and represent this Com-
monwealth, at the aforesaid Convention, for the sole &
express purpose mentioned in the aforerecited resolve of
Congress.

Resolved that his Excellency the Governour be, & he
hereby is requested, to grant to the said Francis Dana,
Elbridge Gerry, Nathaniel Gorham, Rufus King, &
Caleb Strong, esq^-8. a commission, agreeably to said
resolution of Congress. March 10, 1787.

Chapter 148.

RESOLVE FOR PRINTING MAPS OF THE TOWNSHIPS TO BE
SOLD BY LOTTERY.

Whereas it is necessary a sufficient number of maps,
exhibiting the marks and numbers of the several Town-
ships, which are proposed to be disposed of by the State
lottery, established for that purpose, should be struck off,
to be distributed in the several Towns of this Common-

Chap.US

518 1786. — January Session.

wealth, for the information of those who are disposed to
become adventurers in the said lottery :

Resolved that the Managers of the lottery, established
for the sale of the Eastern lands, be, and they are hereby
directed, to cause a sufficient number of Maps, containing
the marks and numbers of the several Townships, which
are proposed to be disposed of by the said lottery, to be
struck off, and distributed in the several Towns within
this Commonwealth, for the information of those, who
may become adventurers therein. March 10, 1787.

Cha2>.U9

Chapter 149.

RESOLVE ON THE PETITION OF ELI FORBES.

On the Petition of Eli Forbes, praying that the Justices
of the Court of Common Pleas for the County of Lincoln,
may reconsider the report of the Referees in several
Actions pending between Nathan Jones, and the Peti-
tioner, Notwithstanding a Resolve of the General Court
passed Octr. 11, 1786.

Resolved, that the Prayer of the petition be granted,
and that the Justices of the Court of Common Pleas for
the County of Lincoln, be, and they are hereby impow-
ered and directed, to reconsider the aforesaid report as
fully, and to all Intents and purposes, as by Law they
could have done had not said Resolve passed ; and that
the petitioner notify said Nathan Jones of this Resolve,
fourteen Days before the next sitting of the Court of Com-
mon Pleas in the County aforesaid. March 10, 1787.

Chapter 150.

Chan.150 Resolve providing for swearing certain town-officers.
Resolved, that the several persons that have been, or
may hereafter be chosen for the present year, as Select-
men, Assessors, Town Clerk, Town Treasurer, Constables
and Collectors, in the several Towns, Districts and Plan-
tations of this Commonwealth, be, and they hereby are
required, before the Town Clerk, or before some Justice
of the Peace, to take and subscribe the Oath of Allegiance,
as prescribed in the Constitution of this Commonwealth;
and the same certificate shall be made, if taken before a
Justice of the Peace, as is already provided by law for the
Oaths of Town, District or Plantation Officers; and the
Town Clerk is directed to record the same in the Book in

1786. — January Session. 519

which he is directed by law to record the several Oaths to
be taken by the said Officers respectively, to quallify them
to perform the Duties thereof ; And no act of either of
the Officers aforesaid, shall after one month from the pass-
ing of this Resolve, be esteemed valid in law, untill they
have taken and subscribed the Oath aforesaid ; any law,
usage or custom, to the contrary notwithstanding.

And be it further Resolved, that in case any Person,
chosen to either of the Offices aforesaid, shall neglect or
Refuse, within one month from the passing this Resolve,
and hereafter annually, within seven days from the Time
of his Election, the Town to which such Person or Persons
belong, at a legal meeting appointed for that purpose,
shall proceed to make choice of some other person or per-
sons, to serve in the Office or Offices, to which the person
or persons so neglecting or refusing, had been elected ;
and the person or persons so refusing or neglecting to
take the oath as aforesaid, shall be liable to the same pen-
alties, as is by law provided in case of refusal to serve in
the office to which he or they have been elected.

And that the Secretary be, and he hereby is directed,
to Publish these Resolves in the several News Papers,
three weeks, at least, Successively, And to transmit a
coppy of the same, to the Clerk of Each Town, District,
and Plantation in this Commonwealth.

March 10, 1787.

Chapter 151.

RESOLVE GRANTING ONE HUNDRED POUNDS, TO EACH OF Q7,av \^\
THE DELEGATES TO MEET IN CONVENTION AT PHILA- ± '

DELPHI A, IN MAT NEXT.

Whereas the Legislature of this Commonwealth, did,
on the third day of March instant, elect the honorable
Francis Dana, Plbridge Gerry, and Caleb Strong, esq'rs,
as three of the Delegates on the part of this Common-
wealth, to meet on the second monday of May next, at
Philadelphia, in Convention, with such Delegates as may
be appointed by the Legislatures of the other States in
the Union, for the purpose expressed in a resolution of
Congress passed the 21st day of February, 1787.

Resolved, That there be paid out of the Treasury of this
Commonwealth, the sum of one hundred Pounds, to each
of the abovenamed Delegates, who may proceed on the
commission, they being accountable for the sums they
May Respectively Receive. March 10, 1787.

RESOLVES

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS

TOGETHER WITH THE SPEECH AND MESSAGES OF HIS EX-
CELLENCY THE GOVERNOUR TO THE SAID COURT:

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK,
ON WEDNESDAY THE 31st DAY OF MAT, ANNO DOMINI,
1786; AND FROM THENCE CONTINUED BY PROROGATION AND
ADJOURNMENTS, TO WEDNESDAY THE TWENTY-FIFTH DAY
OF APRIL, 1787.

Chapter 1.* Chap. 1

[April Session, ch. 1, 1786.]

Chapter 2.f Chap. 2

[April Session, ch. 2, 1786.]

Chapter 3.

RESOLVE, THAT THE TREASURER WHO SHALL BE ELECTED, fij)nqj Q
GIVE BOND TO THE FIRST COUNCELLER, PRESIDENT OF Kj,alP' '
THE SENATE, AND SPEAKER OF THE HOUSE OF REPRE-
SENTATIVES, IN THE SUM OF THIRTY THOUSAND POUNDS,
PREVIOUS TO HIS ENTERING ON THE DUTIES OF SAID
OFFICE, AND TO BE LODGED IN THE SECRETARY'S OFFICE.

Resolved, that the Person who shall be Elected to the
Office of Treasurer and Receiver General, shall previously
to his entering on the duties of the said Office, besides
taking and subscribing the declaration and Oaths pre-
scribed in the Constitution of this Commonwealth (which

* Governor's message, see end of volume. Taken from court record,
f Governor's message, see end of volume.

522 1786. — April Session.

shall be done before the Governor and Council) shall also
give bond, with three good and sufficient sureties, in the
sum of Thirty thousand pounds, to his Honor Thomas
Cushiug Esqr; as first Counceller of this Commonwealth,
the HonbJe Samuel Phillips, J^ Esqr; as President of the
Senate, and the Honble Artemas Ward Esqr ; as Speaker
of the House of Representatives, and to their successors
in the respective Offices before named ; which bond shall
be conditioned for his truly and faithfully discharging the
duty of his Office, according to Law, and for rendering
an account, when and so often as he shall be required by
the General Court, of all such sum or sums of Money as
he shall from time to time receive into the Treasury, and
for his well and truly paying to his Successor in the said
Office, or to any other that may be appointed by the Gen-
eral Court to receive the same, all such sum or sums, as
upon such settlement of his said Account, or otherwise,
shall be found due and payable to this Commonwealth.
And the said Bond, when duly executed, shall be de-
posited in the Secretary's Office for safe keeping — and
the Persons before named shall be a Committee, who are
hereby authorized to judge and determine on the suffi-
ciency of those, who shall be proposed as sureties for the
Treasurer as aforesaid.

And it shall be the duty of the Governor and Council,
and they are hereby empowered, when they shall judge it
necessary, to direct the Attorney General to put in suit
the Bond aforesaid, who is required upon receiving such
direction, to put the said Bond in suit accordingly.

April 27, 1787.

Chapter 4.

Chan. 4 resolve lengthening the time for receiving facili-

1 TIES IN PAYMENT OF THE TAX GRANTED IN 1786.

Whereas a Resolve passed the General Court November
15th, 1786, authorizing and directing the Collectors of
the Tax granted March 1786, to receive one third part
of said Tax in Certificates, issued from the Loan Office,
for interest on the Liquidated Debt of the United States,
Provided they were paid with a Sum in Specie Equal to
one half of such Certificates, on or before the first day of
April then next : And whereas the Loan Officer of this
Commonwealth has not been Sufficiently furnished with

1786. — April Session. 523

Certificates for Interest due to the Citizens thereof for
the payment of the said Interest. Therefore

Resolved, that the Collectors aforesaid be, and hereby
are authorized and directed, to receive One third part of
said Tax in the Certificates aforesaid, provided they are
paid with a Sum in Specie, Equal to one half of such Cer-
tificates, on or before the first day of July next : Provided
Also, that one other third part of the Tax aforesaid, which
is to be paid in Army Notes, or Certificates issued there-
for, from the Treasurer of this Commonwealth, and the
Eesidue of the said Tax in Specie, be paid within the
Time aforesaid.

Whereas it is to be presumed, that the Loan Officer
aforesaid will be able seasonably to pay the Certificates
for Interest which are now due to the Citizens of this
Commonwealth, no further Indulgence in the payment of
the said Taxes will be given. April 27, 1787.

Chapter 5.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE QJiaj). 5
TOWN OF BOSTON, REQUESTING THE GOVERNOR TO ISSUE *°

BRIEFS THROUGHOUT THE COMMONWEALTH, FOR THE
BENEFIT OF THE SUFFERERS BY THE LATE FIRE IN
BOSTON.

On the Petition of the Selectmen of the Town of Bos-
ton, in behalf of near one hundred unfortunate Families,
that have been deprived of their Houses, and in many
Instances reduced to extreme Poverty, by a destructive
Fire, that took place on the Evening of the 20th Instant.

Whereas a great number of unfortunate Persons, from
Ease and Affluence, have been by the Providence of God,
at once reduced to extreme Poverty and Wretchedness :
And Whereas it is peculiarly the Duty of the humane and
well disposed, to relieve the Afflicted, and to assist the
distressed, especially in times of such Calamities, as must
excite the sympathetic Feelings of every benevolent and
humane breast.

Therefore Resolved, That his Excellency the Governor,
be desired to send Briefs throughout the Commonwealth,
strongly recommending the unhappy case of the Sufferers
aforesaid, to the Inhabitants of this Commonwealth, and
calling upon them for a general Contribution, to be paid
into the hands of the Selectmen and Overseers of the poor

521 1786. — April Session.

of the Town of Boston, to be by them distributed as they
in their discretion judge proper : and the sd- Selectmen
and Overseers are hereby required to lay the account of
the money raised by the publick Contributions, and the
Distribution thereof, before the next General Court.

April 28, 1787.

Chap.

Chapter 6.

Q RESOLVE ON THE PETITION OF JOSEPH CURTIS, IN BEHALF OF
THE TOWN OF EAST SUDBURY.

On the Petition of Joseph Curtis, in behalf of the Town
of East Sudbury, praying that an Execution of two hun-
dred eighty three pounds ten shillings, eleven pence and two
farthings, now in the hands of the Sheriff of the County
of Middlesex, issued by the Treasurer of this Common-
wealth, against John Tilton, one of the Collectors of the
Town of East Sudbury aforesaid, for the year 1782, be
stayed ; for reasons sett forth in Said Petition.

Resolved, that the prayer of the Petition be Granted,
and that the aforesaid Execution be, and hereby is stayed
untill the first day of November next, the Said John Til-
ton, or the Town of East Sudbury, paying the Cost that
has arisen on Said Execution. April 28, 1787.

Chapter 1.

Chan 7 RES0LVE 0N THE petition of Elizabeth inches, widow,
\jiiap. authorizing her to erect a dwelling-house and

other buildings from the avails and assets of the
estate of her late husband, henderson inches, and
directing the judge of probate for suffolk county,
in this case.

On the Petition of Elizabeth Indies, Widow of Hen-
derson Inches, late of Boston, in the County of Suffolk,
deceased, and Administratrix on the estate of the Said
Henderson, praying that she may be authorized to erect a
dwelling house on the same ground where the late dwell-
ing house of the Said Henderson, was consumed by fire :
for Reasons set forth in her Petition,

Resolved that the Prayer of the Petition be granted,
and the said Elizabeth Inches, is hereby fully authorized
and impowered, to erect a Dwelling house and other
necessary Buildings, from the avails and assets of the
Estate of the Said Henderson Inches, in her hands, on the

1786. — April Session. 525

same lot of ground where the late Dwelling house of
the said Henderson was Consumed by fire ; and that the
said Elizabeth Inches, together with the four Children,
Heirs of the said Henderson, deceasd, shall have and hold
Said Buildings when erected, in the same manner, and in
the same proportion, which they were by law entitled to
have and hold the Dwelling house Consumed as aforesaid :
And that the Judge for the Probate of Wills &c. for the
County of /Suffolk, be, and he is hereby directed, to allow
to the said Elizabeth Inches, in the settlement of her
accounts of administration, all the reasonable expendi-
tures that she shall make in erecting the Buildings afore-
said, She Producing sufficient vouchers for the same ; any
thing in the Laws for the Settlement of the Estates of
Intestates, to the Contrary notwithstanding.

April 30, 1787.

Chapter 8.* Chap. 8

[April Session, ch. 8, 1786.]

Chapter 9.* Chap. 9

[April Session, ch. 9, 1786.]

Chapter 10.* Chap. 10

[April Session, ch. 10, 1786.]

Chapter 11. f

FORM OF A BOND TO BE GIVEN BY THE TREASURER AND RE- Chap. 11
CEIVER-GENERAL OF THIS COMMONWEALTH. "'

Know all men by these Presents, that we Alexander
Ilodgdon, of Boston, in the County of Suffolk, in the
Commonwealth of Massachusetts, Esquire as principal,
and John White, Esquire ; Merchant, John Lucas, Esqr ;
and John Warren, Esquire ; all of Boston aforesaid as
sureties, are held, and stand firmly bound and obliged to
his Honor Thomas Gushing, Esqr ; as first Counsellor of
this Commonwealth, the Honorable Samuel Phillips,
junior. Esqr; as President of the Senate, and the Hon-
orable Artemas Ward Esqr ; as Speaker of the House of
Representatives, & to their Successors in the respective

* Governor's message, see end of volume,
t Taken from court record.

526 1786. — April Session.

Offices before named, agreeably to a resolve of the Gen-
eral Court, passed the twenty seventh day of April, 1787,
in the full and just sum of thirty thousand pounds , to be
paid to the said Thomas Gushing, Samuel Phillips, junr.
and Artemas Ward, Esqrs ; or to their successors in said
Offices, of being first Counsellor, President of the Senate,
and Speaker of the House of Representatives, to and for
the use of the Commonwealth aforesaid, to which payment
wrell & truly to be made, we bind ourselves, our heirs
executors and administrators, jointly and severally, firmly
by these presents. Sealed with our seals, & dated this
thirtieth day of April, in the year of our Lord, one thou-
sand seven hundred and eighty seven, and in the eleventh
year of the independence of the united States of America.
The Condition of this obligation is such, That whereas
the said Alexander Hodgdon, is chosen and appointed by
the honorable the Senate, and House of Representatives
of the Commonwealth aforesaid, Treasurer and Receiver
General for the same, for one year, commencing on the
twenty seventh of the present month ; if therefore the said
Alexander Hodgdon shall truly and faithfully discharge
the duty of his trust, according to law, and render an ac-
count when, and so often as he shall be required by the
General Court, of all such sum or sums of money as he
shall from time to time receive into the Treasury, and
shall well and truly pay to his successor in the said Office,
or to any other person that may be appointed by the Gen-
eral Court to receive the same, all such sum or sums of
money and other property, as upon such settlement of his
said accounts, or otherwise shall be found due, and pay-
able from him to this Commonwealth, as Treasurer and
Receiver General aforesaid, then the above written ob-
ligation to be void and of none effect ; but in default
thereof to remain in full force. .Provided that this bond
be put in suit within three years next after the date hereof,
and not otherwise.

Signed, sealed & delivered,
in presence of us,

Commonwealth of Massachusetts.

The Committee appointed to prepare a form of a bond,
to be signed and executed by the Treasurer and Receiver

1786. — April Session. 527

General of this Commonwealth, elected the present Ses-
sion, beg leave to report the aforegoing.

S. Adams, per Order.
In Senate, read and accepted.
In the House of Representatives, read and concurred.

April 30, 1787.

Chapter 12.

RESOLVE ON THE GOVERNOTJR'S MESSAGE, REFERRING ALL (Jfra^ 19
ACCOUNTS FOR SUPPLIES TO THE TROOPS UNDER GENERAL * '

LISCOLN, FURNISHED BY THE SELECTMEN OF TOWNS OR
OTHER PERSONS, FOR SAID TROOPS, TO THE COMMISSARY
GENERAL, AND QUARTER MASTER GENERAL.

Resolved, That all Accounts for supplies Which belong
to the Department of the Commissary General, furnished
by the Selectmen of Towns, or other Persons, for the
troops that have been Employed for suppressing the late
Rebellion, be adjusted, Liquidated & Paid by Richard
Devens, Esqr; Commissary General. & that all supplies
& transportation furnished as above, belonging to the
Department of the Quartermaster General, be also ad-
justed, Liquidated, & Paid by Amasa Davis, Esqr ; Quar-
termaster General. & whereas many of the accounts
above mentioned, have Charges against both Departments,
which Cannot be Seperated without Putting those who
present them to insuperable Difficulties. Therefore

Resolved that the said Commissary General, & Quarter-
master General, keep their offices Contiguous while trans-
acting said business, & that they conduct the Settlement
of those mixt accounts, in such a manner as shall be
attended with the least Difficulty to the Persons who pre-
sent them, & Also Preserve Each His account Seperate &
Clear, with proper Vouchers, for their settlement.

April 30, 1787.

Chapter 13.

RESOLVE CONFIRMING THE DOINGS OF THE COMMISSIONED rrLn~, iq
OFFICERS OF THE MILITIA, WHO HAVE TAKEN, BUT NOT ^""i5, l0
SUBSCRIBED THE DECLARATION AND OATHS, PROVIDED
SAID OFFICERS SUBSCRIBE THE DECLARATION AND OATHS
BY THE FIRST OF JUNE NEXT.

Whereas some of the commissioned Officers of the
Militia of this Commonwealth, have entered on the business

528 1786. — April Session.

of their Offices, having taken, bat not subscrib'd the Dec-
laration and oaths prescribed by the Constitution. And
whereas doubts have arisen respecting the validity of
the doings of those Officers in their military capacity.
Therefore

Resolved, That the doings of those Officers in their said
capacity, as far forth as they have been conformable to the
duties of their several offices, be, and they hereby are estab-
lished as legal and valid, the formal deficiency aforesaid
notwithstanding : provided those officers shall subscribe
the Declaration and oaths prescribed by the constitution,
on or before the first Day of June, next ensuing.

April 30, 1787.

Chapter 14.

Char) 14 report of commissioners appointed to promise pardon
^ * TO certain offenders.

Commonwealth of Massachusetts.

The Commissioners appointed to execute a Eesolve of
the General Court, of the 9th of March last, proceeded
without delay to the Counties of Hampshire & Berkshire,
beginning their business in the latter. They dispersed
printed copies of the Resolution of the Legislature, which
expressed their power & duty ; — caused the same to be
printed in the public papers, which circulate in the western
Counties, & gave public notice of the times when, & places
where, they would attend on the business of their Com-
mission. The people were also informed, that those who
wished to avail themselves of the Clemency of Govern-
ment, might find their advantage in stating briefly, the
particular Instances of criminal Conduct with which they
are severally chargeable — what offices they had sustained
under the Government, if any — & the capacity in which
they had acted in opposition to Government ; — and that
all applications must be accompanied with a Recommenda-
tion from two or more persons, of known attachment to
the Government, certifying that they have good reason to
believe that the person in whose favor the Recommenda-
tion is given, is duly penitent for his crime, properly dis-
posed to return to his allegiance to the State, & to discharge
the duty of a faithful Citizen thereof.

After applications for Indemnity were made, as much

1786. — April Session. 529

time was taken for consideration & enquiry, as the nature
& multiplicity of the business would allow, before answers
were given ; and where the evidence in favor of the appli-
cants, comported with the requirements of the Resolve
aforesaid, the Commissioners proposed their subscribing
a declaration in the form following, viz.

" We the Subscribers, having been concerned in the pres-
ent rebellion, hereby declare our sincere penitence therefor;
that we are heartily disposed to return to our allegiance to
the State; that we will defend the Government, & by a
punctual compliance ivith its laws, discharge the duty of
faithful Citizens; and i?i our several Stations, & according
to our respective Influencp, exert ourselves to induce others
to exercise the same Conduct."

Those who subscribed the foregoing declaration (which
was done almost universally with great readiness, & in no
instance refused, where it was offered) having previously
taken & subscribed the oath of Allegiance to the Com-
monwealth, received from the Commissioners, a certificate
in the form following,

" This may certify, that who has been

concerned in the present Rebellion, has declared his sincere
penitence therefor; that he is heartily disposed to return to
his allegiance to the State; that he will defend the Govern-
ment, cfj by a punctual complyance with its laws, discharge
the duty of a faithful Citizen: in consequence thereof, he
has received from the Subscribers, by virtue of a Resolve
of the General Court, passed on the 9(h of March last, a
promise of Indemnity for the crime abovementioned.''''

Seven hundred and ninety, whose names will be lodged
in the Secretary's Office, have received a promise of In-
demnity, & the chief of them without any Reservation
whatever ; a small number of the most aggravatedly
guilty, of those who were intitled to Indemnity on any
terms, have received it, upon the conditions, restrictions
& disqualifications enumerated in an Act of the General
Court of the 16th of Feb1/ last, and some upon the condi-
tion of their keeping the peace, & being of the good be-
haviour. These terms were to continue for one, two or
three years, according to the nature & aggravations of the
offence. At the same time, notice was given that an uni-
form tenor of good conduct, would afford ground to hope

530 1786. — April Session.

for Remission of those Restrictions & Disqualifications, at
an earlier period than was specified in their Certificates,
& that they might expect this would be done, as soon as
it would consist with the safety, honour & happiness of
the Commonwealth.

Some had offended in such a manner, that the Commis-
sioners could not, without violating their duty, interpose
in their favor, in any way whatever.

About thirty in each County, who had been more than
commonly active & influential, were iuformed, that the
same Confidence which had enabled them to lead numbers
astray from their duty, gave them a superiour advantage
for reclaiming their deluded Followers ; and that it was
particularly incumbent on them, very assiduously to im-
prove that Confidence for this purpose ; that an Oppor-
tunity would be given them therefor, and that, upon their
duly improving it, they might expect to be further Sharers
in the mercy of their injured Country.

The Commissioners, in the prosecution of their busi-
ness, have directed their Inquiries to the occasion of the
Insurrection and Rebellion which has taken place. The
result of this enquiery has been a Conviction, that among
a variety of causes which have been cooperating to pro-
duce so much evil, public & private debts, and the latter
especially, have been the most operative; and that an undue
use of Articles of foreign growth & manufacture, has
been the principal cause of this accumulation of debts.

The People who made application to the Commissioners,
very generally declared, that they had been deluded, with
regard to the proceedings of the General Court, and the
situation of things in the different parts of the Common-
wealth.

Altho it is painful to make the declaration, that duty
which we owe the Community, oblidges us to say, that
from the representations which have been made, there is
great reason to believe, too many persons, who have been
members of the General Court, instead of giving that In-
formation of the reasons and principles upon which the
Acts and Resolves of the Legislature have been founded,
which might have satisfied the rational enquirer, and have
silenced the unreasonable complainer, have, by their con-
versation & conduct, irritated & inflamed the restless &
uneasy, & alarmed the peaceable uninformed Citizen.

Those to whom the promise of Indemnity has been

1786. — April Session. 531

made, very generally appear to be grateful foi the lenity
of Government, and from the disposition they discovered,
many of them would, we doubt not, on a future call to it,
be among the foremost, to lend their aid to defend the
Commonwealth.

We were informed, that in divers places, the people
were giving the best evidence of their friendship to the
Government, by making unusual exertions to discharge
their Taxes, — that in one part of the County of Berk-
shire, a determination was formed to collect by Tax, their
proportion of the Continental domestic Debt, that they
may easily discharge their part of it ; and from what ap-
peared of the disposition of the people with whom we had
business to transact, there is a nattering prospect, if an
uniform system of Government should be pursued, if so
many examples, & so many only, should be made, as will
be necessary to produce a Conviction, that Government
must and will be supported ; & if the mercy of Govern-
ment should be extended to the qualified subjects of it, —
that, in those Counties, which have been lately torn by
dissention, Government will be more firmly established,
than it has been at any period since the Revolution.

B. LINCOLN, )p

SAMf PHILLIPS, junr. C^?mmis-
SAM A. OTIS, ) slonei8'

Boston, April 27, 1787.

In the House of Representatives, April 30, 1787.
Read and accepted, and

Ordered, that the Secretary cause the foregoing report
to be printed in the Independent Chronicle.
Sent up for concurrence.

In Senate, April 30, 1787.
Read and concurred.

Chapter 15.

RESOLVE ON THE PETITION OF THE HON. JOHN HANCOCK, ESQ; QhrvQ 15
ALLOWING HIM PAY FROM THE PROCEEDS OF THE ESTATE OF "'

WILLIAM BOWES, AN ABSENTEE.

On the petition of the Hon. John Hancock, esq? ;
Resolved that there be allowed and paid out of the
Public Treasury of this Commonwealth, to the Hon. John

532 1786. — Apetl Session.

Hanc-ock, esq: ; from the proceeds of the estate of William
Bowes, lute of Boston, an Absentee the sum of Three
hundred Pounds, and one penny; that sum being the
remainder of the sum of Three hundred and fifty pounds
thirteen shillings and four -pence, (for which, the said
Honble. John Hancock, esq:; recovered judgment in dam-
age against the said William Bowes, at the Supreme Judi-
cial Court, holden at Boston, on the last tuesday of August,
A. D. 1786) after deducting therefrom the sum of Thirty
six pounds, thirteen shillings and three pence, which has
been already paid and endorsed on the execution that
issued on the judgment aforesaid. Provided nevertheless,
if it shall appear, that the lawful demands against the
estate of the said William Boices, amount to more than
the proceeds of the said estate, that have been paid into
the Public Treasury of this Commonwealth ; that then,
and in that case, the said Honarable John Hancock, esq!";
shall be entitled to receive no more by virtue of the fore-
going Resolve, than his proportion or rateable part of
the aforesaid sum of Three hundred pounds, and one
penny. May 1, 1787.

Chap. 16

Chapter 16.

RESOLVE ON THE PETITION OF ANTHONY PAINE, PERMITTING
CERTAIN PROHIBITED ARTICLES, IMPORTED IN THE BRIG
NANCY FROM LONDON, TO BE LANDED, THE OWNERS PAY-
ING THE DUTIES, &c.

Whereas it hath been represented to this Court, That
several Articles among those, which by an Act of the
General Court, of the seventeenth of November, 1786,
were prohibited from being landed after the first of March
then following, were shipped in London, in the former
part of January last, on Board of the Brigantine Nancy,
Capt. Cashing; that by a long and tedious Passage, the
Said Vessel did not arrive until some time after the said
Act began to operate ; And there being Reason to appre-
hend, that the Shippers of the said Articles, were not
apprized of the Act above-referred to, previous to their
shipping the same, and that no Fraud was intended :

Therefore Resolved, That the said prohibited Articles
imported in the Brigantine Nancy, Capt. Gushing, be,
and they are hereby permitted to be landed, the owners
or Consignees thereof paying the Duties, and observing

1786. — April Session. 533

the Rules and Regulations, they would have been subject
to, had the same arrived before the first of March last,
any Act or Resolve to the Contrary notwithstanding.

May 1, 1787.

Chapter 17.

RESOLVE GRANTING THE COMMISSARY GENERAL, TWO THOU- (J]iaj), 17
SAND POUNDS, AND THE QUARTER MASTER GENERAL, SIX 1 '

THOUSAND POUNDS.

Resolved, that there be allowed & paid out of the Treas-
ury of this Commonwealth, To Richard Devens, Esqr ;
Commissary General, The Sum of Two Thousand pound.
out of the Specie part of The Tax granted in March 178(>,
to Enable him to pay the Expence in his department, for
Suppressing the rebellion in this Commonwealth ; he to
be Accountable for the Same.

And it is further Resolved that There be allowed & paid
out of the Treasury a fibres'!, to Amasa Davis, Esqr ;
Quarter Master General, out of the Tax affbres-, The Sum
of Six Thousand pounds, to Enable him to pay the Expence
incurred in the same service in his department, he to be
Accountable for the same. May 1, 1787.

Chapter 18.

RESOLVE ON THE PETITION OF EBENEZER CRAFTS, MAKING Qhai) 18
PROVISION FOR THE PAY OF PERSONS EMPLOYED AS CAV- -* '

ALRY, FOR THEIR HORSES.

On the petition of Ehenezer Crafts, praying that ade-
quate recom pence may be made to such persons as have
been employed as Cavalry in suppressing the present
rebellion, for the use of their Horses ; and whereas no
provision has been heretofore made for that purpose :

Therefore Resolved That there be allowed & paid out
of the Treasury of this Commonwealth, to each and every
person, whether officer, noncommissioned officer or Private
soldier, who shall have been actually employed as Cavalry,
in the service of this Commonwealth, for suppressing the
present rebellion, the sum of two shillings per day, as a
full compensation for the use of the horses which have
been actually employed as aforesaid ; to be paid in the
same manner, as is already provided for the pay of the
Militia, who have been employed in suppressing the
present rebellion. May 1, 1787.

534 1786. — April Session.

Chapter 19.

Chap. 19 RESOLVE ON THE PETITION OF JAMES SULLIVAN, IN BEHALF
1 ' OF ISAAC FOX, REVERSING THE JUDGMENT MENTIONED,

AND GRANTING A NEW TRIAL AT THE COURT OF COMMON
PLEAS, IN THE COUNTY OF MIDDLESEX.

On the petition of James Sullivan, esqf in behalf of Isaac
Fox, of Dracut, in the County of Middlesex, yeoman,
praying that the judgment obtained against him the said
Fox, at the Court of Common Pleas, held at Concord, in
and for the County of Middlesex, on the second tuesday
of March, 1786, for One hundred and seventy two Pounds,
fourteen, shillings and sixpence, in an action of debt brot'
against him by one Jonathan Simpson, of Bristol, in the
Kingdom of Great Britain, esq!" may be set aside, and a
new trial ordered thereon ; for reasons set forth in said
petition.

Resolved that the above described judgment be, and
hereby is reversed and declared null and void, and that a
new trial shall be had on the above described case, at the
Court of Common Pleas, to be holden at Grolon, in and
for the County of Middlesex, on the third tuesday in May
current ; and 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 was regularly depending by continuance in the said
Court, and that execution on the aforementioned judgment
be stayed ; and that the said Isaac Fox, serve the said
Jonathan Simpson, or his attorney, with an attested copy
of this resolve, seven days at least, before the sitting of
the said Court at Groton. May 1, 1787.

Chapter 20.

Chan 20 RES0LVE directing the commissary general to repair

"' THE STATE-HOUSE.

Resolved, That Richard Devens, Esquire Commissary
General, be, and he is hereby directed, to repair the Iron
balluster, and Steps, at the East End of the Court-House,
and lay his Account therefor before the General Court,
for adjustment and payment. May 1, 1787.

1786. — April Session. 535

Chapter 21.

RESOLVE GRANTING THREE HUNDRED AND SEVENTY-FIVE QJiaj) 21
POUNDS, TO THE EXECUTORS OF THE LATE TREASURER ■* "

IVERS, FOR HIS SERVICES TO JUNE, 1786.

Whereas it appears to this Court, that there has been
no Grant made to the late Treasurer, Thomas Ivers, Esqr ;
for his services from the first of June, 1785, to the first
of June, 178() :

Resolved, that there be allowed and paid out of the pub-
lic Treasury, to Mary Ivers, and Sam1. Parker, Executors
to the last Will and Testament of the said Thomas Ivers,
Esqr; the sum of Three hundred and seventy five pounds ,
in full for his services, as Treasurer and Receiver Gen-
eral, from the first day of June, 1785, to the first day of
June, 178G, aforesaid. May 1, 1787.

Chapter 22.

RESOLVE ON THE PETITION OF AARON BROWN, GRANTING ONE niinrt 99
HUNDRED POUNDS, ARISING FROM FINES PAID BY PERSONS ^'ulP' ^-J
CONVICTED IN THE LATE REBELLION, TO ENABLE HIM TO
REBUILD HIS POT ASH WORKS, IN CASE.

Whereas Aaron Brown, of Oroton, has represented to
this Court, that his pot and pearl ash works were destroyed
by fire, and also exhibited evidence which affords good
reason to believe, that the same were destroyed by some
unknown and wicked Incendiary, in consequence of his
great Exertions in the support of good Government.

And whereas it is incumbent on the Legislature of this
Commonwealth, to encourage the manufacture of Pot and
Pearl ash, as well as to provide as far as consistently may
be, that no person shall suffer injury in consequence of his
exertions to support and defend the Government :

Resolved that there be paid out of the Treasury of this
Commonwealth, to Aaron Brown, from the money arising
from the fines, which are or shall be paid by persons who
have been or shall be convicted of beins; concerned in the
late rebellion, the sum of One hundred pounds, to enable
him to Rebuild his Pott and Pearl ash works. Provided
notwithstanding , if the said Brown, shall hereafter dis-
cover the perpetrators of the aforesaid wicked Act, and
shall recover the Damage he has sustained, he shall in

536 1786. — April Session.

that case repay the said Sum of One hundred pounds,
into the Treasury, taking duplicate Receipts, one of which
he shall lodge in the Secretary's office. May 1, 1787.

Chapter 23.

Chap. 23 RESOLVE ON THE petition of general shepard, allowing

1 ' PAY TO BENJAMIN TUPPER AND SAMUEL BARNARD, JUN.

ESQ'RS.

On the petition of Majr General William Shepard,
praying that Benjamin Tapper & Samuel Barnard, junr.
Esquires who served under him as Assistant Aids, in
Janv & Feby. last, may be allowed the same Wages as
Commissioned Aids are entitled to :

Resolved for Reasons set forth in said Petition, that the
prayer thereof be granted, and that the said Benjamin
Tapper and Samuel Barnard, junr. Esq'rs. be, and they
are hereby intitled to receive the same wages, for the time
they were actually in the service of this Commonwealth,
with Majr General Shepard, as set forth in the Petition
aforesaid, which commissioned Aids du Camp are by Law
entitled to, any Law or Custom to the contrary notwith-
standing. May 1, 1787.

Chapter 24.

Chart 24 resolvf. 0N the petition of Nicholas pike, exempting

^' FROM EXCISE DUTIES HIS SYSTEM OF ARITHMETICK.

On the Petition of Nicholas Pike, Esqr ; praying that
he may be exempted from excise Duties, in the Publica-
tions of his System of Arithmetic, which he has prepared
for the use of the Public :

Resolved, That as the said System may essentially
serve the present and future Generations, that the Prayer
of the Petitioner be granted, and that he be, and hereby
is exempted from all excise Duties in the necessary pub-
lications relative toy? said Treatise, and that the Collectors
of Excise be, and are hereby directed to govern themselves
accordingly. May 1, 1787.

Chapter 25.

CliaV 25 RESOLVE ESTABLISHING THE PAY OF THE QUARTER MASTER
1 ' GENERAL AND DEPUTY COMMISSARY GENERAL'S DEPART-

MENT.

Resolved, That the following be the establishment for

1786. — April Session. 537

the pay of the Quarter Master General's department, and
for the Deputy Commissary General, &c. Viz.

Quarter Master General,
Deputy Quarter Master,

Clerk,

Deputy Commissary Gen1-
Assistant Deputy Commissary
or issuing Commissary, each,
Clerk,

£.24

p! month,
p' d?
p! d«

p: d°

p{ d°

p! d!

Any resolve to the contrary notwithstanding, to be paid
in the same manner, as is already provided for paying the
militia who have been employed in suppressing the present
rebellion. May 1, 1787.

Chapter 26.

RESOLVE FOR PAYING DR. WILLIAM EUSTIS AND OTHERS, QkaTJ 26
SURGEONS, &c. UNDER GENERAL LINCOLN. ^'

Resolved that there be allowed and paid out of the treas-
ury of this Commonwealth, to Doctor William Eustis,
and Aaron Dexter, for their services as chief physicians
and Surgeons of the army, under the command of Major
General Lincoln, the sum of Fifteen pounds, $> month,
each, and to David Hull and George Bartlett, as Surgeons
mates in the same department, the sum of Seven pounds
ten shillings, #> month, each, for their respective services
as aforesaid, agreeably to a roll by them exhibited, to be
paid in the same manner as is already provided for, by
a resolve for the payment of the Militia, employed for
surpressing the present rebellion. May 1, 1787.

Chapter 27.

RESOLVE FOR LIQUIDATING AND SETTLING THE ACCOUNTS EX- nj}nr) 07
HIBITED BY PERSONS WHO HAVE PERFORMED SERVICES OR Kjltlll)'
FURNISHED SUPPLIES, QUARTERS, &c. FOR THE ARMY EM-
PLOYED BY GOVERNMENT IN THE PRESENT REBELLION,
ESTABLISHING THE RATES.

Resolved, That in liquidating and settling the accounts
which may be exhibited against this Commonwealth, by
persons who have performed services, or furnished sup-
plies, quarters, &c. for the army employed by the govern-

538 1786. — April Session.

merit, in the present rebellion, the following rates of
charge be observed, Viz.

Quarters and fuel 24 hours, 3d pi* man.

Quarters only, 24 hours, Id pfman.

Wood, 7/ prcord.

Horse keeping, at hay, lOd pf night.

Indian corn, 2/ 10 pf bushel.

Rye, 3/ pf bushel.

Oats, 1/9 pf bushel.

One man, two horses and sleigh, 6/ prday, if the public
furnished them with rations and forage; otherwise 11/
pf day.

One man, two oxen and sled, 4/6 prday, if found with
rations &c; otherwise, 8/ prday.

One man, two oxen, one horse and sled, 6/ pf day, if
found as aforesaid ; otherwise 11/ prday.

One man, four oxen and sled, 6/ p!" day, if found as
aforesaid; otherwise 11/ pr day.

One man, two oxen, two horses and sled, 7/ pf day, if
found as aforesaid ; otherwise 12/ pfday.

Provided, the drivers were not soldiers, nor made up
in the muster-roll of any company as such ; in which case,
one shilling and four pence pFday, is to be deducted from
the above rates ; Provided also, the above rates shall not
operate, in cases where special contracts have been made
with towns or individuals, by the proper officers for that
purpose.

Resolved, That the selectmen of the several towns who
have been employed in supplying the army with provisions,
&c. agreeably to the militia law, upon their exhibiting
proper accounts thereof, be allowed and paid out of the
treasury of this Commonwealth, four shillings pf day, for
the time they were actually employed in that business.
All the above mentioned services, supplies, &c. to be paid
in the same manner as is already provided for the payment
of the militia employed in suppressing the present rebellion.

May 1, 1787.

Chap. 28

Chapter 28.

RESOLVE FOR PAYING THE GOVERNOUR'S SALARY.

Whereas it appears, that the Sum of Twelve hundred
and Ninety one pounds, is Due to his Excellency the Gov-
ernour, for His Salary to May 25, Instant :

178G. — April Session. 539

Resolved, That the Treasurer of this Commonwealth be,
and he is hereby authorized and directed, to Pay the Sum
of Twelve hundred ninety one Pounds, Due to His Excel-
lency Governour Bowdoin, for his Salary up to May 25
Instant, from the Specie part of Tax No. 5, Or that part
of the Revenue arising from Excise and Impost, that was
left for the future appropriation of Government, and which
is not already specially appropriated. May 2, 1787.

Chapter 29.

RESOLVE ON THE PETITION OF THOMAS STEPHENS AND (Jhap. 29
WILLIAM BARTLETT. l

On the petition of Thomas Stephens and William Bart-
lett, praying they may be discharged from a bond, which
now lies against them, in favour of this Commonwealth,
given in consequence of a seizure of their Brigantine Har-
mony and Cargo.

Resolved, That the said Thomas Stephens and William
Bartletl, be, and they are hereby discharged from their
said bond, so far as any forfeiture may have accrued to
this Commonwealth, and that the Collector of Excise and
Impost for the County of Suffolk, be, and he is hereby
directed, to cancel and deliver to the said Stephens and
Barflett, their said bond, upon their satisfying the said
Officer, for his share of the forfeiture, and paying charges
incured. May 2, 1787.

Chap. 30

Chapter 30.

RESOLVE AUTHORIZING THE HONOURABLE COUNCIL TO PASS
CAPT. BUFFINGTON'S ROLL, IT NOT BEING SWORN TO,
NOTWITHSTANDING.

Resolved that the Honourable Couneil be, and they are
hereby authorized & empowered, to examine & pass upon
the Pay Roll of Captn. Samuel Buffington's Volunteer
Compan3r of Cavalry, in like way and Manner, as if the
same had been sworn to agreeably to the Requisition of
Law. May 2, 1787.

Chapter 31.

RESOLVE ADJOURNING THE COURT OF GENERAL SESSIONS OF Qhan 31
THE PEACE, AND COURT OF COMMON PLEAS IN THE COUNTY *'

OF MIDDLESEX, TO THE FOURTH TUESDAY IN MAY INST.

Whereas by reason of the sitting of the supreme judicial
court, at Concord, on the second tuesday of May instant,

540 1786. — Apkil Session.

the sitting of the court of general sessions of the peace,
and court of common pleas, at Groton, on the tuesday fol-
lowing, may be attended with inconveniencies.

Resolved, That the said Court of general sessions of the
peace, and court of Common pleas, by law to be holden
at Groton, within and for the county of Middlesex, on the
third tuesday of May ins! shall be holden at Groton afore-
said, on the fourth tuesday of the same month ; and that
all writs, processes and recognizances, returnable to, and
all appeals made to the said court of general sessions of
the peace, and court of common pleas, appointed by law
to be holden at Groton; and all matters, causes and things,
that have day or that might have had day, been moved or
done at, in, or by the said Courts, at the time so appointed
for holding the same, shall be returnable to, and may be
entered, prosecuted, had, moved and done at, in, and by
the said courts, at the time herein appointed for holding
the same. And the secretary is hereby directed, to pub-
lish this resolve, in the two next Adams and JVourse's,
Hall's, and Charlestown papers. May 2, 1787.

Chapter 32.

Chart 32 resolve on the petition of paul whitney, empower-

\jtlUJJ. OA INQ TWQ JUSTICES 0p THE QUORUM, IN THE COUNTY OF
HAMPSHIRE, TO GRANT HIM A LICENCE.

On the Petition of Paid Whitney, praying that he may
be licenced, as an Innholder.

Resolved that the Prayer of the Petition, be so far
granted, that two Justices of the Peace, within and for the
County of Hampshire, quorum Unus, be empowered, and
they are hereby authorized and empowered, to grant him
Licence, he complying with the Requisitions by Law, in
that case made and provided. May 2, 17S7.

Chapter 33.

CTrnn 33 RESOLVE ON THE PETITION OF SAMPSON WETHERELL, JUN.
Kjfiap. DO GRANTING HIM SIX POUNDS, FOUR SHILLINGS.

On the petition of Sampson Welherell, Juni' praying
that he may be paid for an Horse he lost in the Service
of the Commonwealth, and for the use of another Horse
and a sley, as set forth in said petition.

1786. — April Session. 541

Resolved, That said Wetherell be paid out of the Treas-
ury of this Commonwealth, the Sum of Six pounds four
shillings, in full compensation for the Horse lost; and for
the use of the Horse and sley aforesaid. May 2, 1787.

Chapter 34.

ENJAMIN LINCOLN, THOMAS fjian QA
I'RS. THE SUM OF TWELVE Ky,lalJ- D±

RESOLVE ALLOWING TO THE HON BE!
RICE, AND RUFUS PUTNAM, ESQ/
SHILLINGS PER DAY, OUT OF THE SPECIE TAX, AS COMMIS-
SIONERS FOR TREATING WITH THE PENOBSCOT INDIANS.

Resolved that there he allowed and paid out of the
treasury of this Commonwealth, from the specie part of
the tax granted in March, 178(5, to the honorable Benja-
min Lincoln, Thomas Rice and Rvfus Putnam, Esq'rs.
the sum of twelve shillings a day, each, for each day they
Mere employed as Commissioners for treating with the
Penobscot tribe of Indians.

And the Governor, with advice of Council, is requested
to issue his warrant on the Treasurer, for payment of
their accounts, exhibited agreeable to this Resolve.

May 2, 1787.

Chapter 35.

RESOLVE ON THE PETITION OF PHOENIX FRAZIER, GIVING H},ar) Q£
HIM LEAVE TO ENTER ANEW, AT THE COURT OF COMMON KyaulJ' °°
PLEAS TO BE HOLDEN AT BARNSTABLE, ON THE FIRST
TUESDAY OF NOVEMBER NEXT, THE ACTION MENTIONED.

On the Petition of Phcenix Frazier, praying for leave
to enter Anew, in the Court of Common Pleas to be holden
at Barnstable, on the first Tuesday of JVovem? next, an
Action Commenced Against him by Mary Lyndes, of
Yarmouth, Administratrix to Laban Lyndes, Deceased,
upon which Action Judgment was Rendered Against him
on Default, at the Couit of Common Pleas holden at
Barnstable, on the first Tuesday of April last :

Resolved that the prayer of Said Petition be granted,
and that the Said Phcenix Frazier, have leave to enter
Anew, at the Court of Common Pleas to be holden at
Barnstable, on the first Tuesday of November next, the
Action Aforesaid ; and that he may then and there have
advantage of all such evidence and proceedings, as tho'
no Default had been made nor Judgment Rendered in

542 1786. — April Session.

Said Action ; And that execution thereon shall be stayed ;
he the Said Pliwnix Frazier serving the Said Mary
Lyndes or her Attorney in the aforesaid Action, with an
attested copy of this Resolve, at least fourteen days before
the Sitting of the Aforesaid Court, to be holden at Barn-
stable aforesaid on the first Tuesday of Novemr. next.

May 2, 1787.

Chapter 36.*

Chan 36 0RI)ER' appointing a committee to wait upon his excel-

KjHUJJ. OU LENcy THE GOVERNOR, WITH AN ANSWER TO HIS EXCEL-
LENCY'S SPEECH AT THE OPENING OF THE SESSION.

In Senate, 1st May, 1787.

Ordered, That Samuel Adams and Cotton Tufts, esq",
with such as the honble House may join, be a committee
to wait upon his Excellency the Governor, with the fol-
lowing answer to his excellency's Speech, at the opening
of the session.

Sent down for concurrence.

SAMUEL PHILLIPS, jun. President.

In the House of Representatives, May 2, 1787.

Read and concurred, and Mr. Breck, Mr. Hunt, and
Mr. Kilham, are joined.

ARTEMAS WARD, Speaker.

To his Excellency JAMES BOWDOIN, Esq ;

Governor of the Commonwealth of Massachusetts,
May it please your Excellency,

The General Court have attended to your Excellency's
Speech at the opening of the present session, and beg
leave to assure you, that your calling the General Court
together, at a period as early as possible, after the
decease of Thomas Ivers, Esqr ; the late Treasurer, has
met their entire approbation, and chearfully do we join
in the tribute, which your Excellency has so justly paid
to the memory of the deceased.

Your Excellency has lead us to take a retrospect of the
late measures of Government, respecting the rebellion ;
and while it is with regret that we contemplate the

* Taken from court record.

1786. — April Session. 543

necessity of those measures, and the expence to our con-
stituents thereby incurred, we are happy to find that the
success of them has so far corresponded with the purposes
for which they wire intended. With pleasure we accept
your Excellency's congratulations on the success ; and
cannot but flatter ourselves, that by a continuation of those
measures, the wished for blessings of peace, order and
tranquility, will be fully restored to those counties, in
which alarming commotions had arisen and prevailed.

Our recommendations of the measures which have been
adopted, and co-operation with your Excellency in carry-
ing them into effect, have proceeded from a clear convic-
tion of their necessity and importance.

The confidence we have placed in your Excellency, the
approbation we have heretofore expressed of the part you
have acted, of the wisdom and firmness which have been
so fully manifested in the execution of the measures of
Government on this great occasion, as well as of your
administration in general, have been no other, than the
dictate of real sentiment.

The manner in which your Excellency has thus far
passed through the several grades of political life, and
during a period the most interesting to America, must
naturally, upon review, afford satisfaction. We are pleased
to find your Excellency possessing this satisfaction, and
we doubt not, it will remain to you a source of real enjoy-
ment.

Having been long versant in public affairs, and having
had so large a share in the honours of your country, how
much soever your Excellency may have a wish for retire-
ment, considering the critical situation our affairs are still
in, with the hopes which might be entertained, from a
person of your Excellency's experience, abilities and pecu-
lar qualifications, joined with your exemplary life, your
Excellency, we trust, will excuse us, if in such a wish, we
cannot so readily concur.

Your wishes, so strongly expressed for our welfare and
happiness, we gratefully accept ; may your Excellency
with health and tranquility receive and enjoy those marks
of esteem and benevolent affection from a grateful people,
which are the proper reward of distinguished merit.

With real ardour we readily join with your Excellency
in the further wish, "that the people of this Common-
wealth may have just ideas of liberty ; and not lose it in

514: 178G. — April Session.

licentiousness, and its natural consequent, despotism : that
they may revere the Constitution of their own framing,
and govern their conduct by the principles of it."

Persuaded we are, that under the direction and influence
of those principles, " the Commonwealth will rise superior
to its present embarrassments ; and evince to the world,
that a republican Government, founded, like ours, on the
principles of equal liberty, may not only long subsist, but
effectually answer the salutary purposes for which Gov-
ernment was designed." May 2, 1787.

Chap. 37

Chap

.38

Chapter 37.

RESOLVE ALLOWING THE COMMITTEE ON ACCOUNTS EXTRA

PAY.

Resolved, that there be allowed and paid out of the
Publick Treasury of this Commonwealth, to the Honour-
able Joseph Hosmer, Ezra Sergeant and John Carnes,
Esq'rs. the sum of thirteen shillings and six pence each,
amounting in the whole to the sum of Two pounds and six
pence, in addition to their pay as members of the General
Court ; which sum is in full for their Services, as a Com-
mittee to pass on Accounts the present session ; and that
the aforesaid sum be added to the Pay Roll, and be paid
in the same manner as the Members of the General Court
are paid. May 2, 1787.

Chapter 38.

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE
GENERAL COURT, AND GRANTS TO CLERKS, WITH DIRECTIONS
TO THE TREASURER TO BORROW FIVE HUNDRED POUNDS.

Resolved that there be allowed and paid out of the
publick Treasury, the Sum of Eight shillings, to Each
member of the Honourable Council ; and the Sum of
/Seven Shillings and Six pence, to Each member of the
Honb1? 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 Sessions ; also the further Sum of one day's pay,
for every ten miles distance each member lives from the
place of the Court's siting.

And it is further Resolved that there be Granted and
paid out of the publick treasury of this Commonwealth, to

1786. — April Session. 545

the Honb1? Samuel Phillips, Junt Esqr ; president of the
Senate, the Sum of Six Shillings per day, for each day's
attendance the present Session of the General Court ; to
the Honb1- Artemas Ward, Esqr ; Speaker of the House
of Representatives, the Sum of Six Shillings per day, for
each clay's attendance on the General Court, over and
above their Respective pay as members thereof.

Resolved, that there be allowed and paid Out of the
Publick Treasury, to Mr. George Richards Minot, Clerk
of the House of Representatives, and to Mr. Samuel
Cooper, Clerk of the Senate, the sum of six pounds each,
in full for their attendance on the General Court the present
Session.

Resolved, that the Treasurer be, and he hereby is
directed and empowered, in case there is no money in the
Treasury, to borrow a sum of money, not exceeding Five
hundred pounds , to be applied for the purpose of paying
the Honourable Council, Senate and House of Representa-
tives, their travel and attendance at the present Session
of the General Court ; to be paid out of the first monies
that may be brought into the Treasury, on the Specie part
of the last State Tax, which is not already appropriated,
and in case the Treasurer cannot borrow a sum sufficient
to pay the sums which may be due for the Services afore-
said, the Treasurer is hereby further directed, to draw
orders on the Specie part of the last State Tax, for such
deficiency. May 2, 1787.

Chapter 39.

RESOLVE DISCHARGING ROBERT AND ALEXANDER BARR, OF njjr/^ QO
TWO HUNDRED POUNDS, GRANTED NOVEMBER, 1786; AND Kj,LUjP' °°
ALSO GIVING THEM A GRATUITY; AND DIRECTING THE
MACHINES TO BE LEFT WITH THE HON. HUGH ORR, ESQ;
UNTIL FURTHER ORDER, AND NOTICE THEREOF TO BE GIVEN
IN ADAMS AND NOURSE'S PAPER.

Whereas by a resolve of the General Court, passed the
16th of November •, 1786, the sum of Two hundred Pounds
was directed to be paid out of the public treasury of this
Commonwealth, to Robert and Alexander Barr, to enable
them to compleat certain machines for carding, roping and
spinning cotton, and sheep's wool. And whereas the said
Robert and Alexander Barr, have exhibited to this Court
an account of the expenditure of One hundred and eighty

546 1786. — April Session.

nine pounds, and twelve shillings, of the sum aforesaid,
which account appears to be just and reasonable. And
whereas by the Resolve of the General Court, passed the
16'-h of November aforesaid, it is further resolved, " That a
Gratuity, such as the General Court may hereafter agree
upon, (when a full trial shall have been made of the utility
and public Advantage of those Machines) shall be given to
the said Robert and Alexander Barr, as a Reward of their
Ingenuity, and as an Inducement to other ingenious Artists
and Manufacturers to bring their Arts also into this Com-
monwealth : " Therefore

Resolved, that the said Robert and Alexander Barr, be,
and they hereby are discharged from the whole of the said
Sum of two hundred Pounds, granted as aforesaid ; and
also that six Tickets, in the Land Lottery established by
an Act passed the 14th of November, A. D. 1786, be given
by this Commonwealth to the said Robert and Alexander
Barr, " as a Reward for their Ingenuity in forming those
Machines, and for their publick spirit in making them
known to this Commonwealth." And the Managers of
the said Lottery are hereby directed to deliver to the said
Robert and Alexander Barr, six Lottery Tickets accord-
ingly, taking duplicate Receipts for the same, one of which
to be lodged in the Secretary's Office.

And it is further Resolved, that the said Machines be
left under the Care of the Honb.Ie Hugh Orr, Esqr ; until
the further Order of the General Court ; and that publick
Notice be given, for three Weeks successively, in Adams
and Nourse's News Paper, that the said Machines may be
seen and examined, at the House of the Honbie Hugh Orr,
Esqr; in Bridgewater ; and that the manner of working
them will be there explained to those who may wish to be
more particularly informed of their great Use and Advan-
tage, in carrying on the woollen and cotton Manufactures.
And the said HonbLe Hugh Orr, Esqr ; is hereby requested
to explain to such Citizens as may apply for the same, the
Principles on which the said Machines are constructed,
and the Advantages arising from their Use, both by verbal
Explanations, and by letting them see the Machines at
work.

And it is further Resolved that the said Honbie Hugh Orr,
Esqr ; be, and he hereby is permitted and allowed, to make
use of the said Machines, during the whole Time of his
having the Care of them as aforesaid, as some Recompence

'.AXCIS BRIDGE, — MR. JAMES CJlCll). 40
ITH A COPY, &c. TO SHEW

178G. — Apkil Session. 547

for his own Time and Trouble in shewing them, and ex-
plaining their Use to the Citizens of the Commonwealth
at large. May 2, 1787.

Chapter 40.

RESOLVE ON THE PETITION OF FR
MCELWAIN TO BE SERVED W
CAUSE.

On the petition of Francis Bridge, of Winchendon, set-
ting forth, that an Action was commenced against him by
James McElwain, of said Winchendon, for taking unlaw-
ful Interest ; and that he never had any Knowledge of Said
Action, until he was defaulted, and praying that the Said
Judgment that was rendered against him by Said default,
might be sett aside:

Resolved, that the prayer of the said petition be so far
granted, that he have Liberty to serve the Said McElwain
with a copy of his petition, and this Kesolve, fourteen
Days before the second Thursday of the next Session of
the General Court, that he may apear on Said day, and
frhew Cause (if any he hath) why the prayer of Said peti-
tion should not be granted ; and that Execution on the
Said suit be stayed in the Mean time. May 2, 1787.

Chapter 41.

RESOLVE DIRECTING THE COLLECTORS TO PAY THE OUT- ni,nr. Al
STANDING TAXES, AND AUTHORIZING THE SHERIFFS FROM ^naP' '±1
WHOM ANY SUMS OF MONEY ARE DUE, TO PAY TO ANY
OF THE OFFICERS OR SOLDIERS BELONGING TO THE TWO
REGIMENTS STATIONED IN THE COUNTIES OF WORCESTER,
HAMPSHIRE AND BERKSHIRE, IN CERTAIN ARTICLES, NOT
EXCEEDING ONE MONTH'S PAY; AND DIRECTING THE TREAS-
URER TO RECEIVE THE ORDERS OF SAID COLLECTORS, &c.
ON OR BEFORE THE 20th OF JUNE NEXT; AND DIRECTING
HALF A MONTH'S PAY TO THE COMMISSIONED OFFICERS.

Resolved that the several Collectors of the outstanding
taxes, and the several Slier iffs from whom any sum or
sums of money are due to the Treasurer of this Common-
wealth, on any of those taxes, be, and hereby are author-
ized and directed, to pay to any of the officers or soldiers
belonging to either of the two regiments in the service
of government, stationed in the Counties of Worcester,
Hampshire and Berkshire, (who shall apply for the same)
either in money or any articles of clothing, a sum not

548 1786. — April Session.

exceeding the amount of one month's pay of each such
officer or soldier, taking an order on the Treasurer for the
amount of the same ; Provided such order is accompanied
with a certificate from the Commanding officer of the regi-
ment to which such officer or soldier belongs, that he has
done duty in such regiment for the term of one month,
for which he has received no pay.

And the Treasurer is authorized and directed, to receive
of any of the Collectors or Sheriffs aforesaid, any such
order, accompanied with a certificate as aforesaid, equal
to specie, in discharge of such taxes ; provided they are
exhibited on or before the 20th day of June next.

And it is further Resolved, that there be paid out of the

treasury of this Commonwealth, from the forty thousand

• pounds appropriated to the purpose of defreying the

expence of suppressing the late rebellion, One half month's

pay to each commissioned officer in the aforesaid regiments.

May 2, 1787.

Chapter 42.

Chan. 42 resolve on the petition or Barclay fanning, making a

1 * RESOLVE OF THE 6th OF FEBRUARY LAST, TO STAND IN

FULL FORCE, UNTIL.

Whereas a Resolve, on the Petition of Barclay Fan-
ning, of Nantucket, passed the General Court the 6th of
Febv. last, directing the said Barclay Fanning to Notify
Isaac Golding, for him to shew cause, if any he has, why
the said petitioner should not have a new hearing in a cer-
tain case wherein he had lost his Law ; And it not being
in the Power of the said Fanning, as yet, to find the said
Isaac Golding, to serve him with the said Resolve : There-
fore,

Resolved, That the Resolve of the 6th of Feby afore-
said, stand in full force, until the third Wednesday of the
next sitting of the General Court. May 3, 1787.

Chapter 42a.*

Chav 42a order to the secretary directing him to publish sev-

■L ' ERAL RESOLVES OF THE GENERAL COURT PASSED THE

PRESENT SESSION.

Ordered that the Secretary publish the Resolves passed
at the present Session of the General Court for extending

* Not printed in previous editions.

1786. — April Session. 519

the time for receiving Indents in discharge of the last tax ;
for empowering the Commissary & Quarter Master Gen-
eral to settle the accounts of their respective departments ;
for establishing the prices of articles supplied the army ;
& for confirming the doings of certain militia officers who
had not subscribed the oath of allegiance ; in the Inde-
pendant Chronicle and in the Worcester & Northampton
News Papers as soon as may be. May 2, 1787.

Chapter 43.

EMPOWERING THE TREASURER TO PAY THE COM- Chap. 13
INERS TO MEET IN CONVENTION AT PHILADELPHIA, * '

RESOLVE
MISSIOI

THE SUMS ORDERED, OUT OF THE SPECIE PART OF THE TAX
No. 5, OR IMPOST AND EXCISE.

On the Memorial of Alexander Hoclgdon, Esqr ; Treas-
urer of this Commonwealth :

Resolved, That the Treasurer of this Commonwealth,
be, and he is hereby authorized and impowered, to pay
to the Honble Elbridge Gerry, Francis Dana, and
Caleb Strong, Esq'rs. Commissioners, to meet in Conven-
tion at Philadelphia, the Several Sums ordered them, by
a resolve of 7th March last, out of the Specie part of
Tax No. 5, or that part of the Excise and Impost appro-
priated for the Use of Government, that is not otherwise
appropriated. May 3, 1787.

Chapter 44.

RESOLVE REMOVING DOUBTS THAT HAVE ARISEN RELATIVE Chan 44
TO THE DAY FROM WHICH THE PAY ROLLS OF THE ARMY "'

ARE TO BE MADE UP.

Whereas doubts have arisen relative to the day from
which the pay rolls of the army are to be made up : for
the removing of which,

Resolved, That the Pay Rolls of the several Corps of
the Army under the command of Major General Lincoln,
be made up from the day they were in actual service re-
spectively ; and that the Governor and Council be, and
they are hereby empowered and requested, to decide ulti-
mately on the time when such service commenced.

May 3, 1787.

550 1786. — April Session.

Chapter 45.

Chap. 45 (Roll no. 6.)

The Committee on Accounts, have examined and passed
upon the several Accounts presented, and beg leave to
Report, that yc: Sums set against ye Names of y* Towns
and Persons, hereafter mentioned, if allowed, will be in
full Discharge of said Accounts. ,

Joseph Hosmer per Order, i

Viz : To William Baker, for Services done for ye. Com-
monwealth, as a Sheriff, in Dec-, 1783, not being able
to Support his Account till now, . . . . .£.460

To the Overseers of y! Town of Andover, for supplying
Martha Abrahams, and Patty Abrahams, y! Poor of
Charlestown, to March, 1787, and from March, 1786, . 23 2 2

To Ditto, for Supplies for Hannah Hill, and Betty Cart/,
two of Charlestown Poor, and very Aged, from March,
1786, to March, 1787 17 0 5

To Ditto, for Supplying Margaret Plunket, a State's
Poor; a Negro David, another : Sarah Stevens, another,
from March, 1786, to March, 1787, and another Person,
to June ; All State's Poor, 13 8 8

To Scipio Purnam's Account for Boarding, Nursing, &c.
Henri/ Thompson, a State's Poor, 13 weeks and five
Days' in 1786 and 1787, 8 10 0

To John Gates, for Boarding and Nursing Mary Bird,

Charlestown Poor, to Dec: 7th, 1786, 52 Weeks, . . 5 7 10

To Loam/mi Baldwin, Esqr; for Services done for y?
Commonwealth, as a Sheriff, as per Account will ap-
pear, 14 3 4

To Israel Keith, Esqr ; for his Services as Adjutant Gen
eral, from Dee. 25th, 1786, to y<? 25th of April, 1787,
and for Books and Paper, 80 7 0

To Doct'.' Ebenezer Hunt, for Medicine and Visits to par-
ticular Soldiers in Ftbv last, he personally attesting
to this matter. 0 14 5

To the Selectmen of the Town of Mendon, for Supplies
aflbrded to John Hunt, and Famih^, consisting of 5
Persons, State's Poor, to the 19th of Feb?, 1787, being
59 Weeks, 446

To Henri/ Franck Dupee, for Visits and Medicines for
y a fores' John Hunt, and Family; Account examined
and approved by a Physician, . . . . . 4 12 3

To Samuel ScammeWs Bill for a Visit and Medicine for
a child of John. Smith, a State's Poor, examined and
allowed by a Physician, ...... 060

To Pcleg Hathway, for Visits and Medicines for yt afores*
John Hunt's Faniity, State's Poor, account examined
and approved, 10 1

To Ditto, for Ditto, for y. afores'.1 John Smith's Family,
State's Poor which account was also examined and
approved, 050

1786. — Apeil Session. 551

To Sarah Hill, for boarding Samuel Austin, one of y°
Poor of Charlestown, in two Bills, from the first of
Oct:, 1786, to y? first of April, 1787, . . . . £.16 5 6

To David Fay, for necessary Charges when Sick in
1777, while a Soldier, and upon his return Home, now
procuring proper Vouchers, 13 10 0

To Doct1: Jonathan Toy's Bill from JanH , 1775, to June,
1781, for attendance and Medicines upon yl applica-
tion of jc. Guardian of y? Natick Indians, and for one
of them, examined and approved, . . . . 2 16 1

To Joseph Twitchell, Guardian to said Indians, for Sup-
porting Eliz'!1 Tray, to March 11, 1787, 52 Weeks, . 15 0 0

To y? same Guardian, on acct of Sarah Ptro, an Indian

Child, to May, 1st 1787, 69J weeks, . . . . 19 17 0

To je. same Person, on ace1; of Dinah Sp>ean, 12 weeks ;

he to be accountable for her Estate, as before settled, 4 15 8

To the town of Scituate, for Boarding and Cloathing
three of y* Children of Hannah Johnson, from y? 7th of
April, 1785, to 7th of April, 1787, State's Poor, ' . . 39 1 7

To Norton Brailsford for cleaning and mending the
Windows of the State House, to March 1st, 1787, . 16 12 0

To the Estate of y? late Treasurer Ivers, for his supplies
and Expenditures, from March, 1786, to April, 1787,
including Firing for the Council Chamber, and each
Ofiice, 128 18 11

To Timothy Shepard, for Visits and Medicines, as per
account given in to y? guardian of y? Natick Indians
from Sept: , 1775, to April, 1776, examined and
allowed, . 4 10 0

To Hannah Sanderson, for Nursing Job Shattuck, a State
Prisoner, two Weeks, and her Trouble great, . . 1 10 0

To the Overseers of the Poor of the Town of Salem, for
Boarding and other Charges, on account of Luke
Barns, one of the State's Poor, 64 Weeks ; and Expences
in Bury.ng an Indian woman, murder'd in May 1786, . 21 14 0

£. 461 18 5
Boston, May 2"? 1787.

Read and accepted, and thereupon

Resolved, that his Excellency the Governor, with the
advice of Council, be, and he hereby is requested, to issue
his Warrant on the Treasury, for the payment of the
persons borne on the aforesaid Roll, the sums set against
their names respectively, amounting in the whole to the
sum of Four hundred and sixty one pounds, eighteen
shillings and five pence. May 3, 1787.

ACTS

AND

LAWS

OF THE

COMMONWEALTH

MASSACHUSETTS

PASSED BY THE

GENERAL COURT, A.D. 1787

BOSTON :
Printed by ADAMS and NOURSE,

Printers to the Honorable the GENERAL COURT.

M,DCC,LXXXVII.

Reprinted by Wright & Potter Printing Company, State Printers.

1893.

ACTS AND LAWS,

PASSED BY THE GENERAL COURT OF MASSACHUSETTS ;
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF
SUFFOLK, ON WEDNESDAY THE THIRTY-FIRST DAY OF
MAY, ANNO DOMINI, 1787.

1787. — Chapter 1.

[May Session, ch. 1.]

AN ACT FOR AUTHORIZING TWO OR MORE JUSTICES OF THE
SUPREME JUDICIAL COURT, TO HOLD SESSIONS OF THE SAID
COURT IN THE COUNTIES OF CUMBERLAND AND LINCOLN.

Chap. 1

Whereas by the late frequent and lengthy sittings of Preamble.
the Supreme Judicial Court, lately /widen in the Western
Counties of this Commonwealth and by reason of the ill
health of some of the Justices of the said Court, it may be
necessary that two or more of the said Justices be author-
ized to make a quorum for transacting the business in the
Supreme Judicial Court, next to be holden in the Counties
of Cumberland and Lincoln :

Be it therefore enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, that the Supreme Judicial Court, Two or more

i ■ i i i • iiii t-»t -i • i • r> Justices author-

which by law is next to be holden at Portland, within & ized, &c.
for the County of Cumberland, and at Pownalhorough ,
within and for the County of Lincoln, may at the said
terms be holden by any two or more of the Justices of
the said Court ; and that two or more of the said Justices,
are hereby authorized and empowered, to hear, try &
determine all actions, causes, matters and things whatso-
ever, as fully to all intents and purposes, as any three or
more of the said Justices might by law have done, had
not this Act been made, any law, usage, or custom, to
the contrary notwithstanding. June 8, 1787.

556

1787. — Chapter 2.

Chap. 2

Boundaries of
thesouth parish.

Inhabitants in-
vested with
powers.

Proviso.

1787. — Chapter 2.

[May Session, ch. 2 ]

AN ACT TO DIVIDE THE TOWN OF GREENWICH, INTO TWO
PARISHES; AND FOR INCLUDING THE NORTH-EAST CORNER
OF THE TOWN OF BELCHERTOWN, IN THE SOUTH PARISH.

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, That, that part of the Town of Belchertown con-
tained within the following boundaries, viz.

Beginning at the northeast corner of Belchertown ;
thence running west upon the line between Pelham and
Belchertown, to the west line of lot number forty seven ;
thence southerly to Pemberton's line, including four tier
of lots ; thence west to the west line of lot number seven-
teen ; thence southerly on the said line to lot number
thirty ; thence south on the said line to lot number thirty
six ; thence west to the north west corner of lot number
thirty six ; thence south on the west line of the said lot,
so as to include the whole of Lieutenant Ccdvin Kingsley's
farm ; thence easterly to Greenwich line, together with
the whole of the south part of the said Greenwich, begin-
ning at the aforesaid northeast corner of the town of
Belchertown, running easterly upon the line between the
towns of Greenwich and Pelham, to the south east corner
of Pelham ; thence so far south upon Greenwich old line,
so called, as to leave the Meeting-House and Church yard
in the north Parish ; thence east to Hardwiclc line, be,
and the same hereby is formed into a seperate Parish, and
shall be called and known by the name of the South
Parish of the Town of Greenwich.

And be it farther enacted, That all the Inhabitants
within the limits and boundaries aforesaid, shall lie con-
sidered as belonging to the said Parish, and they are
hereby invested with all powers, rights, privileges and
immunities, which other Parishes in this Commonwealth
are invested with.

Provided nevertheless, That any person living within
the said south Parish, who has not petitioned for the
aforesaid division, shall within one year from the first day
of July next, return his or her name to the Secretary's
Office, certifying his or her desire of belonging to the
north Parish, may and shall be considered as belonging

1787. — Chapter 3. 557

to the north Parish, and his or her estate and person shall
be liable to pay and perform parochial taxes and duties
accordingly :

And be it further enacted by the authority aforesaid,
that Caleb Clark, Esqr; be, and he hereby is impowered, g^toclna
to issue his Warrant to some principal Inhabitant of the meeting.
said Parish, requiring him to notify and warn the Inhabi-
tants thereof to meet at such time and place as by the said
Warrant shall be duly specified, and then and there choose
such Officers as may be necessary to manage the affairs of
the said Parish ; and the Inhabitants qualified by law to
vote, being so assembled, shall be and hereby are empow-
eied to choose such Officers accordingly.

June 21, 1787.

1787. — Chapter 3.

[May Session, ch. 3.]

AN ACT TO ESTABLISH NAVAL OFFICES AND NOTARIES PUBLIC fi^f.^ Q
IN PLACES NOT ALREADY BY LAW ESTABLISHED. \JlMJJ,

Whereas the convenience of navigation and advance-
ment of commerce, render an additional number of Waved
Officers and Notaries Public necessary :

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 held and kept at Wiscasset,
in the Town of Poivnalborough, in the County of Lin-
coln, and in the Town of Rochester, in the County of
Plimouth, respectively, a Naval Office, by such persons
as shall from time to time be appointed, as is by Law
provided for the choice of such Officers in this Common-
wealth.

And be it further enacted by the authority aforesaid,
That there shall be two Notaries public in addition to the
number already provided, viz. one at Hallowell, and one
at Waldoborough, in the said County of Lincoln, which
Naval Officers and Notaries Public, shall be governed by
all Laws, Resolves & Orders which are now in being, or
which shall hereafter be made for the governing and reg-
ulating the said Offices, and shall have all the powers
which other Naval Officers & Notaries Public within this
Commonwealth are vested with. June 22, 1787.

558 1787. — Chapter 4.

Chap.

1787. — Chapter 4.

[May Session, ch. 4 ]

AN ACT FOR REGULATING THE FEES IN THE NAVAL OFFICES
WITHIN THIS COMMONWEALTH, AND REPEALING THE LAWS
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
Fees estab. 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, two shil-
lings, exclusive of the Secretary's fees.

For endorsing every Register, and recording the same,
six pence.

For entering every Ship and other Vessel from any
port in this Commonwealth, one shilling.

For clearing every Ship and other Vessel for any port
in this Commonwealth, one shilling.

For entering every Ship and other Vessel from any
other of the United States of America, two shillings.

For clearing every Ship and other Vessel for any other
of the United States of America, two shillings.

For entering every Ship and other Vessel from a for-
eign voyage, five shillings.

For clearing every Ship and other Vessel on a foreign
voyage, five shillings.

For every Bond, one shilling.

For every Certificate to cancel a Bond, six pence.

For every Permit to unlade, six pence.

For every Cocket, six pence.

For every Bill of Health, one shilling.

For every Bond and Certificate, coastwise, and for
every Vessel employed in the Fishery, to be paid annu-
ally, one shilling.

For every Pass by any Garrison or Guard (coasting
and lishing Vessels excepted) six pence.

For receiving and entering the Report of every Vessel
carrying Wood and Lumber, coastwise, and a Certificate
thereof, sixpence.

And be it further enacted by the authority aforesaid
Part of a former that so much of an Act, intitled, " An Act for regulating
actrepeae . ^e ^eeg an(j forms in the Naval Offices, within this Com-

1787. — Chapter 5. 559

monwealth," passed in the year of our Lord one thousand
seven hundred & eighty four, as respects the fees of the
said Offices, be, and hereby is repealed. June 25, 1787.

1787. — Chapter 5.

[May Session, ch. 5.]

AN ACT IN ADDITION TO AN ACT, MADE IN THE YEAR OF OUR Chap. 5
LORD, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-FOUR,
ENTITLED "AN ACT DIRECTING THE MODE OF TRANSFER-
RING REAL ESTATES BY DEED, AND FOR PREVENTING
FRAUD THEREIN."

Whereas it is, in and by the said Act, among other rreambie.
things, enacted, " that all deeds shall be acknowledged be-
fore some Justice of the Peace, by the grantor or grant-
ors," "Provided, that when any grantor or lessor as afore-
said, shall go beyond sea, or be removed out of this Gov-
ernment, or be dead, before the deed or conveyance by him
executed, shall be acknowledged as aforesaid, in every such
case the proof of such deed or conveyance, mode by the
oath of one or more witnesses, whose names may be there-
unto subscribed, before the Court of record within this
Commonwealth, shall be equivalent to the parties own
acknowledgment thereof, before a Justice of the Peace as
( foresaid ," but no provision is therein made where the wit-
nesses whose names may be thereunto subscribed are dead,
as well as the grantor or grantors:

Be it therefore enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the
authority of the same, that in all cases which have or may in cases where
hereafter happen, where the grantor or grantors of any ofanydUd.'may
deed, shall be deceased before the deed or conveyance by foreThesame^'a
him executed, shall be acknowledged, and the witnesses proofTfafeghand
whose names may be subscribed thereto, are also deceased, writing snaii be
that the proof of the hand writing of the grantor or grant-
ors, and of the subscribing witnesses thereto, made by the
oath of two witnesses before any Court of record within
this Commonwealth, shall be equivalent to the parties own
acknowledgment thereof before a Justice of the Peace, as
is in and by the said Act mentioned.

Provided, that it shall be made to appear to the satis- Proviso.
faction of the Justices of the Court before whom such
proof shall be made, that the grantee or grantees men-
tioned in such deed or conveyance, have in the life time

560

1787. — Chapters 6, 7.

of the grantor or grantors, taken actual possession of the
real estate conveyed by such deed ; and that the said
grantee or grantees, or some person or persons, claiming
under him or them, have continued such actual possession
quietly, to the time when such application shall be made
to such Court for the purposes aforesaid.

June 28, 1787.

Chap. 6

1787. — Chapter 6.

[May Session, ch. 6.]

AN ACT FOR CONTINUING AN ACT, ENTITLED, "AN ACT FOR
SUSPENDING THE LAWS FOR THE COLLECTION OF PRIVATE
DEBTS UNDER CERrAIN LIMITATIONS."

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 clause,
article, matter and thing therein contained, shall be and
hereby is continued, and shall operate, and be in full
fo'rce, until the first day of January next, and no longer.

June 30, 1787.

Chap. 7

Preamble.

Second parish
empowered.

1787. — Chapter 7.

[May Session, ch. 7.]
AN ACT TO EMPOWER THE SECOND PARISH IN SCARBORO' IN
THE COUNTY OF CUMBERLAND, TO EXCHANGE THE PAR-
SONAGE LANDS BELONGING TO THE SAID SECOND PARISH,
FOR TWENTY ACRES OF MARSH LYING WITHIN THE SAID
TOWN.

Whereas the Second Parish in the town of Scarboro'
did by a vote at their meeting on the twenty sixth day of
March last, agree to exchange the parsonage land mentioned
in the said vote, being twenty nine acres of land lying on
the west side of the town road leading from broad turn
road to the town of Gorham, with Richard Libby, for
twenty acres of marsh lying near Scottoa Hill, in the
said town, adjoining to James Foss's Marsh. And
Whereas the said Second Parish, by their Committee,
have requested the General Court, that an act may be
passed to impower them accordingly :

Be it enacted by the Senate & House of Representatives,
in General Court assembled, & by the authority of the
same, That the said Second Parish, by such Committee as
they have, or may appoint, be, & hereby are impowered

1787. — Chapters 8, 9. 561

to execute a deed of twenty nine acres of parsonage land
to the said Richard Libby, & to receive a deed from the
said Richard Libby, in exchange therefor, of the afore-
said twenty acres of Marsh, in behalf of the said second
parish, for the use of the Minister of the said Parish, &
his successors forever. July 2, 1787.

1787. — Chapter 8.

[May Session, ch. 8.]
AN ACT FOR NATURALIZING JOHN GORE, ESQUIRE. ChOT). 8

Whereas John Gore, Esquire; resident in Boston, in
the Commonwealth of Massachusetts, has petitioned the
General Court, that he may be naturalized, and be thereby
entitled to all the rights, liberties and privileges of a free
ci'izen of this Commonwealth ; and it appearing reasona-
ble that the prayer of the 'petition should be granted:

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 John Gore, upon his taking the
oath of allegiance and abjuration, required by the Consti-
tution of this Commonwealth, before two Justices of the
Peace Quorum unus, shall be deemed, adjudged & taken
to be a free citizen of this Commonwealth, to all intents,
constructions and purposes, as if the said John Gore, had
been an inhabitant of the territory, now the Common-
wealth aforesaid, at the time of making the present form
of civil Government.

And be it further enacted, That the Justices before
whom the same oaths shall be taken, shall return a certifi-
cate of the same into the Secretary's Office ; and the Sec-
retary is hereby directed to record the same.

July 2, 1787.

1787. — Chapter 9.

[May Session, ch. 9.]

AN ACT FOR INCORPORATING THE WESTERLY PART OF THE QJiaV 9
TOWN OF DARTMOUTH, IN THE COUNTY OF BRISTOL, INTO ^ '

A SEPERATE TOWN BY THE NAME OF IVESTPORT.

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 hereafter described, to wit, be- Boundaries,
ginning at the southeast corner of Job Ahmfs homestead
farm by the sea shore ; thence northerly, as the high way

562

1787. — Chapter 9.

invested with
powers

Proviso.

is laid out from the said sea shore, up to Freetown line,
(for particular boundaries of the said high way, refer-
ence to be had to the return thereof, as laid out by the
Selectmen of the Town of the said Dartmouth, in the
years one thousand seven hundred and seventeen, and one
thousand seven hundred and eighteen, and recorded in the
Town book of records ;) thence westerly, as the line is
between Freetown and Dartmouth, until it comes to the
northwest corner bound of the said Dartmouth; thence
southerly, as the dividing line is between Dartmouth and
the State of Rhode Island, until it comes to the sea shore ;
thence easterly, including all the necks and islands of land
heretofore known to be a part of Accoakset village, until
it comes to the first mentioned bound, with the inhabi-
tants dwelling in the lands above described, be, and they
incorporated & are hereby incorporated into a Town by the Name of
Westport; and the said Town is hereby invested with all
the powers, privileges and immunities, to which towns
within this Commonwealth are or may be intitled, agree-
able to the Constitution and Laws of the said Cummon-
wealth.

Provided nevertheless, and be it further enacted, that any
of the inhabitants now dwelling on the above described
lands, who have not signed in favor of a division, and who
are or may be still desirous of belonging to the Town of
Dartmouth, shall at any time within two years from the
passing this Act, by returning their names into the Secre-
tary's Office, & signifying their desire of belonging to the
said Dartmouth, have that privilege ; and shall with their
polls & estates, belong to, and be a part of the said Dart-
mouth ; they paying their proportion of all taxes, which
shall have been laid on the said Village of Accoakset or
Town of Westport, previously to their thus returning their
names, as they would by law have been holden to pay, had
they continued and been a part of the Town of Westport.
Be it further enacted by the authority aforesaid, That the
oHaxes, inhabitants of the said Town of Westport, shall pay all the
arrears of taxes, which have been assessed upon them, and
their proportionable part of what remains unpaid of the
Beef tax, so called, together with their proportion of all
debts, that are now due from the said Town of Dartmouth,
and shall support their own poor; and also any person or
persons, who have heretofore been inhabitants of that part
of Dartmouth, which is now Westport, and may hereafter
be returned as paupers to the Town of Dartmouth, the

Inhabitants
shall pay all
an ears
&C.

1787. — Chapter 10. 563

Selectmen, or Overseers of the poor, of the said Town of
Dartmouth, for the time being, when any such pauper or
paupers may be returned as aforesaid, who were originally
inhabitants of that part of Dartmouth, which is now West-
port, be, & hereby are impojvered to convey him, her or
them, to the Overseers of the poor, for the said Town of
Westport, who are hereby directed to recaive and support
the same.

And be it further enacted by the authority aforesaid, that £u^ ^js *
the public lands, and the buildings standing thereon ; also powder, &0.

* o o ' shall be esti-

the town's stock of powder, and other town property of mated and di-
al 1 kinds, shall be estimated and divided in the same pro- V1
portion that each Village paid in the last State tax, by a
Committee to be appointed for that purpose, as soon as
conveniently may be, by the Town of Westport, to join the
Committees that are chosen for the same purpose, between
New Bedford and Dartmouth ; and the said Town of West-
port, to receive a proportionable part according to the said
State tax, of what sum is found due from JVew Bedford to
Dartmouth.

And be it further enacted by the authority aforesaid , that S^p^atAe*
the Road which is the dividing line between Westport and charge of each

town.

Dartmouth, shall be kept in repair, at the charge of each
of the said Towns, in such proportions as each paid in the
last State tax.

And be it enacted by the authority aforesaid, that Ben- Benj. Rnsseii,
jamin Russell, Esqr ; be, and he hereby is empowered to meeting?8
issue his Warrant, directed to some principal inhabitant,
requiring him to warn and give notice to the inhabitants
of the said Town of Westport, to assemble and meet at
some suitable place in the said Town, as soon as con-
veniently may be, to choose all such Town Officers ; as
Towns are required to choose, at their annual Town meet-
ings in the month of March or April annually.

July 2, 1787.

1787. — Chapter 10.

[May Session, ch. 10.]

AN ACT TO PREVENT THE DESTRUCTION, AND TO REGULATE QJiar> If)
THE CATCHING OF THE FISH CALLED ALEWIVES, IN THEIR * '

PASSAGE UP THE RIVERS AND STREAMS IN THE TOWN OF
HARWICH, IN THE COUNTY OF BARNSTABLE.

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

56± 1787. — Chapter 10.

Town of Har- same. That the town of Harwich, shall be, and hereby are,
choose 'three empowered and directed, at their meeting for the choice
aieiy,°toB8eenthat °f town officers in March or April annually, to choose
observed6 duly three or more persons, being freeholders in the said town,
to see that this act be duly observed ; and each person so
chosen shall be sworn faithfully to discharge the duties
required of him by this act ; and the said committee shall
meet together annually, on or before the twentieth day of
April, at such time and place as they, or a majority of
them, shall appoint, and the major part of the Committee
present at such meeting, are hereby authorized and empow-
ered to order the times, places and manner in which the
Their power, saj(j ggjj may }je taken; and the said Committee or the
major part of them, are hereby fully authorized and
empowered to cause the natural course of the streams
through which the said fish pass to be kept open and with-
out obstruction, to remove any such as may be found
therein, and to make the said passage ways wider or deeper
if they shall judge it necessary ; and the said Committee
or either of them, paying a reasonable consideration there-
for, if demanded, shall have authority for those purposes
to go on the land or meadow of any person through which
such streams run, without being considered as trespassers ;
Penalty for mo- and any person who shall molest or hinder the said Com-
the execution of mittee or either of them in the execution of the business
of his or their office, or shall obstruct any passage way in
the said rivers or streams, otherwise than may be allowed
by the said Committee, he or they shall forfeit & pay a
fine for every such offence, not exceeding forty shillings,
nor less than twenty shillings.

And be it further enacted by the authority aforesaid,
Empowered to that the said Committee, or the major part of them pres-

open any dam or . ii../»ii- 1 1 1

sluice, sc. ent at any meeting duly notified, being not less than three
in number, shall be, and hereby are authorized and em-
powered, to open or cause to be opened any dam or sluice
of any mill or other dam now erected, or that may be here-
after erected, on or over any of the said rivers or streams
(between the place where such rivers or streams empty
themselves into the sea at low water, and the ponds in
which the said fish usually cast their spawns) at the
expence of the owner or owners of such dam or sluice ;

Proviso. Provided such owner or owners shall neglect to open the

same when thereto required by the said Committee or the
major part of them, immediately after being thus required

1787. — Chapter 10. 565

so to do ; and the dam or sluice so opened shall continue
open in every year, to such depth and width, and for such
term of time between the fifteenth day of April and the
tenth day of Jane, as the major part of the said Commit-
tee shall judge necessary ; and if any person or persons
shall obstruct the said passage ways allowed or ordered
by the said Committee, or the major part of them, in any Penalty for ob-
dam or sluice, such person so offending shall on conviction Lgeways1^8'
before any Justice of the Peace in the county of Barn-
stable, pay a fine for every such offence, not exceeding
forty shillings nor less than twenty shillings, and the said
Committee shall cause every such obstruction to be forth-
with removed.

And be it further enacted, that if any person or persons Penalty for tak-
shall take any of the said fish in the rivers, streams or they ehaii have
ponds aforesaid, before they shall have cast their spawns, gpawns'&c.
at any time, in any place, or in any manner other than
shall be allowed by the said Committee as aforesaid, each
person so offending, for each and every such offence, shall
on conviction as aforesaid, pay a fine not exceeding
twenty shillings nor less than five shillings, if the quan-
tity of fish so taken is less than one barrel ; but if the
quantity so taken shall be one barrel or more, such per-
son or persons so offending, shall forfeit and pay for each
& every barrel of fish so taken, the sum of twenty shil-
lings.

And be it further enacted, That if the Committee afore- Persons de-
said, or either of them, shall detect any person or persons committee, in
in attempting to take any of the said fish at any time, or take^h?8 '
in any place, or in any manner, otherwise than is allowed Penalty-
by the said Committee, or shall find such fish with such
person or persons, such person or persons shall be deemed
to have taken the said fish unlawfully, and shall be sub-
ject to the penalties of this act accordingly, unless such
person or persons can make it appear on trial, that they
came by the said fish in some other way.

And be it further enacted, That the Committee to be committee to
chosen as aforesaid, or the major part of them, shall deter- what days tish
mine what days in the week the said fish shall be taken, ™*ybetaken'
and also on the certain parts of the said rivers and streams
where the fish may be taken, to be particularly bounded
or described ; so that the said places may be easily known,
and shall notify the inhabitants thereof, by posting up
notifications in several public places, in the said town of

5(36

1787. — Chapter 11.

Penalties, how
recovered and
applied.

Passage ways
to be kept open
annually.

Harwich, within ten days after their being chosen as
aforesaid.

And be it further enacted, that all the penalties incurred
by any breach of this act, shall be recovered by complaint
before a Justice of the Peace in the County of Barnstable,
where the said penalty doth not exceed forty shillings,
allowing an appeal to the Court of General Sessions of the
Peace, in the County aforesaid ; and where the penalty
prosecuted for, shall exceed the sura of forty shillings, it
may be sued for, and recovered, in any Court in the
county of Barnstable, proper to try the same ; and all
sums recovered as forfeited by this act, shall be for the
support of the poor in the town of Harwich, and no per-
son, by reason of his being one of the said Committee, or
an inhabitant of the said town, shall thereby be disquali-
fied from being a witness in any prosecution for a breach
of this act.

And be it farther enacted, that it shall be the duty of
the Committee aforesaid, to take care that a sufficient
passage way be kept open annually, for the young ale-
wives to pass from the ponds to the sea. July 4, 1787.

Chap.

1787. — Chapter 11.

[May Session, ch. 11.]

H AN ACT FOR SETTING OFF JOHN DEXTER, AND OTHERS,
THEREIN NAMED, WITH THEIR ESTATES, FROM THE NORTH
PARISH IN MALDEN, AND ANNEXING THEM TO THE SOUTH
PARISH IN 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 John Dexter, Samuel Sprague, Wymond
Bradbury, Bernard Green, Jonathan Howard, David
Tufts, Phineas Sprague, Joseph Barret, junr. Phineas
Sprague, junr. Jonas Green, Stephen Payne, Benjamin
Buckman, Nathan Wait, Edward Wade, John Dexter,
junr. Richard Dexter and Jabez Wait, with their fami-
lies, polls and estates, lying in the Town of Maiden, and
belonging to the north parish, in the said town, be, and
are hereby set off from the said North Parish, and annexed
to the South Parish in the said Maiden, there to enjoy
parish privileges & to pay Parish charges that may arise
within the same. July 5, 1787.

1787. — Chapters 12,13. 567

1787. — Chapter 12.

[May Session, ch. 12.]

AN ACT FOR CHANGING THE NAME OF THOMAS GREAVES QJiai) \2
RUSSELL, TO THOMAS RUSSELL GREAVES. ■* '

Whereas Thomas Greaves Russell of Boston, in the
County of Suffolk, Gentleman, being the lineal descendant
of the Honorable Thomas Greaves late of Charlestovvn,
Esqr; deceased, and being desirous from respect to his
memory, to be called by his surname:

Be it enacted by the /Seriate and House of Representa-
tives in General Court assembled, and by the authority of
the same, That from and after the passing this Act, the
said Thomas Greaves Russell, shall be allowed to take
the Name of Thomas Russell Greaves, and by that Name,
instead of his present Christian & Surname, to be called
& known, and that to all legal purposes, the said Name
of Thomas Russell Greaves, shall be considered as his
own, proper and only Name, and avail accordingly.

July 6, 1787.

Chap. 13

1787. — Chapter 13.

[May Session, ch. 13.]

AN ACT REPEALING AN ACT PASSED IN THE YEAR OF OUR
LORD, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-
THREE, INTITLED, "AN ACT FOR RAISING BY LOTTERY, THE
SUM OF THREE THOUSAND POUNDS, FOR THE PURPOSE OF
BUILDING A GLASS HOUSE, AND PROMOTING THE MANU-
FACTURE OF CROWN AND OTHER GLASS, IN BOSTON," AND
FOR THE PURPOSE OF PROMOTING THE MANUFACTURE OF
CROWN AND OTHER GLASS, WITHIN THIS COMMONWEALTH.

Whereas it appears that the means adopted in and Preamble.
by the Act referred to, in the title hereof, did not answer the
purposes intended; and that Robert Hewes, for whose use
the lottery aforesaid, was granted, and to whom, was given
the exclusive right of manufacturing Glass within this
Commonwealth , for the term of seven years, from the date
of the said Act, has relinquished every privilege and
advantage to ivhich he ivas entitled in and by the said Act:
Re it therefore enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the au-
thority of the same, That the Act aforesaid, be repealed, Former act re-
and it hereby is repealed, and rendered null and void.

568

1787. — Chapter 13.

Preamble. And whereas it is of the highest importance that all

useful manufactures, sliould be encouraged and promoted
within this Commonwealth. And whereas the setting up
a Glass House, and the undertaking the manufacture of
Glass within this Stale, may be attended with great risque
and expeyice. And whereas William Phillips, Edward
Payne, Thomas Walley, Samuel Breck, John Gore,
Thomas Dawes, junior, Esquires, Jonathan Amory, John
Amory, John Andrews, Henry Higginson, Merchants, and
the aforesaid Robert Hewes, all of Boston, in the Count//
of Suffolk, have represented to this Court, that they have
formed a Copartnership, and raised a fund, for the pur-
pose of erecting a Glass House, and manufacturing all
sorts of Glass, icithin this Commonwealth : provided they
can be secured in the exclusive right of such manufacture
f>r the term of fifteen years. And whereas it appears to
this Court, that such manufacture would be greatly advan-
tageous to this Commonwealth :

Therefore be it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the au-
Exciusive right thoril 'u of the samp, That they the said William Phillips,
in« giaps, for 15 Edward Payne, Thomas Walley, Samuel Breck, John

VOOI-D rrrnnto/1 tf\ ^_^ mi T— \ T "I T "F

Gore, Thomas Dawes, junior, Jonathan Amory, John
Amory, John Andrews, Henry Higginson, and Robert
Hewes, their heirs, executors, administrators and assigns,
shall have and enjoy, at such place or places within this
State, and in such manner as they, or the major part of
them shall agree upon, the sole and exclusive right of
manufacturing all sorts of Glass & Glass Ware, within
this Commonwealth, for and during the full term of fifteen
years from the date of this Act.

And be it further enacted by the authority aforesaid,
e5xem1)teeTt1r°omd That the stock employed in erecting buildings and estab-
t axes, for five Hshing the manufactory, as aforesaid, and the buildings
erected, and the stock employed in the said Manufactory,
be, and they hereby are exempted from all taxes for the
term of five years from the time the said proprietors shall
establish their manufactory, and commence the manufact-
ure of Glass as aforesaid.

And whereas it may be highly injurious to the manu-
facture aforesaid, if the artificers and workmen employed
therein, shall be empellable at any time to neglect their
work in the manufactory aforesaid:

Therefore be it further enacted by the authority aforesaid,

years, granted to
William Phillips
and others.

1787. — Chapter 13. 569

ificers and
;men ex-

that all the artificers and workmen of every kind employed £'tJ'?'
in the said manufactory, be, and they hereby are exempted empted from
from all military duty, during the time of their being
employed in the said manufactory.

And be it farther enacted, that no person shall from and Penalty forman.

J . V , . n ufactunng glass

after the passing this Act, and during the said term of without the con-

ne ° „ l-ir/^l l^\ sent of said Phil-

fifteen years, manufacture any kind of Ulass or Olass iipS& others.
Ware, without the consent or licence of the said Phillips,
Payne, Walley, Breck, Gore, Dawes, Amory,, Andrews,
Amory, Higginson, and Hewes, their heirs, executors,
administrators and assigns, or the major part of them,
first had and obtained for that purpose ; and every person
so offending, shall forfeit and pay the sum of Jive hundred
pounds, for each offence, to be recovered in an action of
debt, in any Court proper to try the same, by the said
Phillips, Payne, Walley, Breck, Gore, Dawes, Amory,
Andrews, Amory, Higginson, and Hewes, their heirs and
assigns, or by any one or more of them, to the use of them,
their heirs, executors, administrators and assigns. Pro- Proviso.
vided, and this Act is upon this condition, That the Pro-
prietors of the said manufacture, shall employ in erecting
of the said buildings, and in the manufacture aforesaid, a
sum not less than Three thousand pounds, lawful money
of this Commonwealth — and further, that they shall erect
and establish their Works and manufactory, and commence
the manufacture of Glass as aforesaid, at some place or
places within this State, within the term of two years from
the date of this act — And provided nevertheless, that Further proviso,
nothing in this Act, shall extend to give the said Proprie-
tors any exclusive right to the manufactory of Glass within
this Commonwealth, as aforesaid, from and after three
years, from the passing of this Act, no longer than the said
Proprietors, their executors, administrators and assigns,
shall annually after the expiration of the said three years,
within this Commonwealth, manufacture for sale, Glass
Ware, to the annual amount of Jive hundred pounds, at
the least.

And it is further enacted, that this Act shall be deemed tmr act shall be

• i iini „ . deemed k taken

and taken to be a public Act, and as such shall be officially as a public act.
considered, and taken notice of, by the several Courts of
law, within this Commonwealth, without the same being
specially pleaded. July 6, 17 87.

570

. 1787. — Chapter 14.

Chap).

Preamble.

1787. — Chapter 14.

[May Session, ch. 14.]

14 AN ACT IN ADDITION TO AN ACT INTITLED " AN ACT FOR
ERECTING THE NORTHERLY PART OF THE TOWN OF SHUTES-
BURY, AND THAT PART OF A TRACT OF LAND CALLED
ERVINGSHIRE, WHICH LIES ON THE SOUTH SIDE OF MIL-
LERS RIVER, INTO A SEPERATE TOWN BY THE NAME OF
WENDELL."

Whereas in and by the said Act for incorporating the
said Town of Wendell, it is enacted, " that the inhabitants
of the said Town of Wendell, shall pay their proportion
of all State, County and Town charges, already granted
to be raised in the Town of Shutesbury ; and also their
proportion of the pay of the Representative for the present
year," but no provision is made in the said incorporating
Act, to oblige the said Town of Wendell, to pay their pro-
portion of the debts due from the said Town of Shutesbury,
which were contracted previous to the passing the said Act
of incorporation. And Whereas there is no provision in
the said incorporating act, authorizing the said Town of
Shutesbury, to assess and collect the sums vjhich are due
from the said Town of Shutesbury, tvhich accrued as
aforesaid:

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 the Assessors and Collectors of the
said Town of Shutesbury, be, and they are hereby respec-
tively authorized and empowered, to assess on, & to collect
b°uTy,&fhute8' fr°m the rateable Inhabitants and estates of that part of
the Town of Wendell, which were previous to their being
incorporated a part of the said Town of Shutesbury , their
full proportion of all such sura or sums of money as were
due from the said Town of Shutesbury, previous to the
passing the aforesaid act of incorporation ; and also their
proportional part of all costs and charges, which have
arisen or may accrue in consequence of the said debts ; the
said Assessors and Collectors observing the rules pre-
scribed by law for the assessing and collecting of taxes.

July 6, 1787.

Inhabitants of
Wendell to pay
their propor-
tion of debts
due from the

ACTS AND LAWS,

PASSED BY THE GENERAL COURT OF MASSACHUSETTS;
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF
SUFFOLK, ON WEDNESDAY THE THIRTY-FIRST DAY OF
MAY, ANNO DOMINI, 1787, AND FROM THENCE CON-
TINUED, BY ADJOURNMENT, TO WEDNESDAY, THE
SEVENTEENTH DAY OF OCTOBER FOLLOWING.

1787. — Chapter 15.

[October Session, ch. 4.]

AN ACT IN ADDITION TO AN ACT ENTITLED, " AN ACT DECLAR- (JJian 1 5
ING AND CONFIRMING THE CITIZENSHIP OF JOHN GARDI- * '

NER, ESQUIRE; BARRISTER AT LAW, MARGARET GARDINER
HIS WIFE, ^4.V.V GARDINER, JOHN SILVESTER, JOHN GAR-
DINER, AND WILLIAM GARDINER, THEIR CHILDREN," PASSED
IN THE YEAR OF OUR LORD, ONE THOUSAND SEVEN HUN-
DRED AND EIGHTY-FOUR.

Whereas it appears by some misprision, that the name Preamble.
of the said Ann Gardiner, was not inserted in the enacting
part of the said Act :

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 Ann Gardiner, is here- Enacting clause.
by declared to be a free Citizen of the said Commonwealth
of Massachusetts, and is entitled to all the priviledges and
benefits of the said Act, as fully to all intents and pur-
poses, as if the name of the said Ann Gardiner, had been
inserted in the enacting part of the same.

October 25, 1787.

1787. — Chapter 16.

[October Session, ch. 5.]

AN ACT FOR NATURALIZING BARTHOLOMY DE GREGOIRE, fhoD 16
MARIA THERESA DE GREGOIRE, HIS WIFE, AND THEIR "'

CHILDREN.

Whereas Bartholomy de Gregoire, and Maria Theresa Preamble.
his Wife, have presented a petition to this Court, for an

572 1787. — Chapter 17.

Act of naturalization of themselves, and of their Children,
— And it appears reasonable that the prayer of their peti-
tion should be granted.

Be it therefore ervicted by the Senate, and House of
Representatives, in General Court assembled, and by the
Enacting clause. authority of the same, that the said Bartholomy de Gre-
goire and Maria Theresa de Gregoire his Wife, be per-
mitted to take and subscribe the Oath of Allegiance, to
this Commonwealth, before two .Justices of the Peace,
Quorum Unus, of any County within the same, and there-
upon and thereafter they and each of them, together with
their Children, Vizt. Pierre De Gregoire, Nicholas de Gre-
goire, and Maria de Gregoire, shall be deemed, adjudged
and taken to be Citizens of this Commonwealth, and intitled
to all the Liberties, Rights and Priviledges of natural born
Citizens.

And be it further enacted by the Authority aforesaid,
that the Justices before whom the said Bartholomy Be
Gregoire, and Maria Theresa de Gregoire, his Wife, may
take and subscribe the oath aforesaid, shall make return
thereof to the Secretary of this Commonwealth, who shall
record the same, in the Book ordered to be kept for such
purpose. October 29 ', 17 '87 '.

1787. — Chapter 17.

[October Session, ch. 6.]

^, 17 AN ACT F0R ENABLING PROPRIETORS OF PRIVATE WAYS AND

KjHap. 1 1 BRIDGES, TO REPAIR THEM IN EQUAL PROPORTION.

Be it enacted by the Senate, and House of Representa-
tives, in General Court assembled, and by the Authority of
Manner of can. the same, that when, and so often as any number of the
mletirngsr.,el0r8 proprietors & rightful occupants of any private way or
bridge, where there are four, or more than four of them
shall judge a proprietors meeting necessary, three of them
applying to a Justice of the Peace, within and for the
County, where the said way or bridge lies, such Justice is
hereby authorized, and empowered, to grant a Warrant
for calling the same, or otherwise one fourth part of the
said proprietors may of themselves call such meeting; in
either case to be done by Warrant under the hand of the
said Justice, posted up in some public place or places, in
the Town or Towns, where the said proprietors, and right-
ful occupants, live respectively, seven days at least before

1787. — Chapter 18. 573

the time appointed for such meeting, signifying the time,
place, and business thereof; and the major part of the
proprietors, and rightful occupants, so assembled, shall
have full power to determine by a major V< te, on any
other way of calling meetings in future, and to chuse a a surveyor, &c.
Clerk and Surveyor, who shall be sworn to the faithful
discharge of their respective trusts, as Town Officers are,
and to determine what repairs on the said way or ways,
bridge or bridges are necessary, and also each proprietor's
and occupant's proportion of labor, and materials neces-
sary for repairing the said way or ways, bridge or bridges ;
and such Surveyor so chosen and sworn, shall have the
same power with respect to such ways or bridges, as the
Surveyors of highways are by law invested with, and shall
be governed by the same rules as are prescribed by law
for their direction ; and in case of neglect or refusal of any
proprietor or occupant, in attending the said work, by him-
self or other sufficient person in his stead, or furnishing
materials when required by the said Surveyor, necessary
for the repair of the said ways or bridges, agreeably to the
determination of the said proprietors, he or she shall be
subject to the same fines and penalties as are provided in
case of town highways, and to be recovered in the same
manner.

And be it further enacted, That if any Surveyor* chosen Penalty if any
as is provided by this Act, shall refuse or neglect to accept k"C Accept
that trust, and take the oath aforesaid, he shall forfeit and
pay the sum of twenty shillings, to be recovered in man-
ner aforesaid : And all fines and forfeitures incurred by
breach of this Act shall be applied for the use of the pro-
priety for repairing the said ways or bridges.

November 12, 1787.

that trust.

Chap. 18

1787. — Chapter 18.

[October Session, ch. 7.]

AN ACT FOR INCORPORATING A NUMBER OF THE INHABITANTS
OF 'I HE TOWN OF WORCESTER, IN THE COUNTY OF WORCES-
TER, INTO A SEPERATE PARISH.

Whereas a number of the inhabitants of the Town of Preamble.
Worcester, belonging to the religious society, whereof the
Reverend Aaron Bancroft, is pastor, have petitioned this
Court, to be incorporated, for the reasons expressed in their

574

1787. — Chapter 18.

invested with
powers

•petition, and it appearing to this Court reasonable that the
prayer be granted:

Be it therefore Enacted by the Senate, and House of
Representatives, in General Court assembled, and by the
incorporated & authority of the same, That Levi Lincoln, Timothy Paine,
David Bigelow, Joseph Allen, Palmer Goulding, Benja-
min Flagg.. John Peirce, John Slower.?, John Barnard,
Jedediah Healy, William Treadivell, Abel Stowell, Phin-
eas Heyioood, Eli Chapin, Cornelius Stowell, Thadeus
Mc'Carty, Samuel Chandler, Abraham Lincoln, Samuel
Flagg, Ephraim Mower, John Slanten, Timothy Bige-
low, Clark Chandler, John Smith, Samuel Allen, Igna-
tius Goulding, Daniel Goulding, Edward Bangs, Samuel
Bridge, John Goodwin, Jacob Snow, Samuel Brazer,
Nathan Heard, Nathaniel Paine, David Bigelow, Na-
hum Willard, Joel How, Oliver Peirce, Josiah Peirce,
Isaiah Thomas, Samuel Fullerton, John Walker, David
Chadwick, Ellis Gray Blake, Micah Johnson, Benjamin
Andrews, Lemuel Rice, Charles Chandler, Andrew Tufts,
Daniel Clap, Benjamin Green, Joseph Torry, William
Gates, Samuel Warden, Winthrop Chandler, William
Johnson, William Jenneson, Anthony Paine, John Paine,
Elias Mann, Peter Stoivell, Thomas Stowell, Benjamin
Batman, the petitioners, & members of the said religious
society, together with their polls and estates be, and
hereby are incorporated into a parish by the name of the
second parish in the town of Worcester, with all the priv-
iledges, powers and immunities which other parishes in
this Commonwealth, are intitled to, by law.

Be it Enacted by the Authority aforesaid, that any of
the Inhabitants of the said Town, shall at all times here-
after have full liberty to join themselves with their fami-
lies to either of the parishes in the said Town : Provided
they shall signify in writing under their hands to the Clerk
of the said Town, their determination of being considered
as belonging to the parish to which they may join them-
selves as aforesaid.

And be it further Enacted by the Authority aforesaid,
that the members of each respective parish, & their fami-
lies, shall be deemed and considered as continuing mem-
bers of their respective parishes, with their Estates, for
the time being, until they shall signify their determina-
tion to the contrary, as above expressed.

And be it further Enacted by the Authority aforesaid,

Inhabitants at
liberty to join
either parish.

Proviso.

1787. — Chapter 19. 575

that Levi Lincoln, Esq ; be, and hereby is authorized, to Levi Lincoln,

i • TH' t. t i. J i. 1 l f Esq. to call a

issue his W arrant, directed to some principal member or meeting.
the said parish, requiring him to warn the members of the
said parish, qualified to vote in parish affairs, to assemble
at some suitable time and place in the said Town, to
choose such Officers, as parishes are by law required to
choose in the month of March or April annually, & to
transact all matters and things necessary to be done in the
said parish. November 13, 1787.

1787. — Chapter 19.

[October Session, ch. 8.]

AN ACT FOR THE FURTHER REGULATING THE ASSIZE OF BAR-
REL BEEF AND PORK.

Chap. 19

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by (he authority of
the same, that from and after the passing this Act, every Quantity each
barrel of Beef salted for sale or exportation, shall contain contain, & now
at the least, two hundred pounds weight of beef; and Packed-
every half barrel, one hundred pounds weight of Beef,
consisting of a due proportion of the best as well as the
poorest part of each quarter respectively, without having
any part culled out ; to be packed in good sound full
bound Casks : and from and after the first day of August
next, every barrel and half barrel of Beef, so packed,
shall be in white oak Casks, clear of sap, and full bound.
And from and after the passing this Act, every barrel of
Pork salted for sale or exportation, shall contain at the
least two hundred pounds weight of Pork, and every half
barrel one hundred pounds weight of Pork ; consisting of
a due proportion of the best as well as the poorest part
of each Hog, without having any part culled out ; and
each barrel containing not more than three half heads, and
six legs, to be packed in good sound white oak full bound
Casks : And from and after the first day of August next,
every barrel of Pork so packed, shall be in white oak
Casks, clear of sap and full bound. And the several
Packers of salted beef and pork within this Commonwealth,
are hereby directed to govern themselves accordingly, under
the same penalties as are already in such cases by law
provided. — And for the more effectually carrying into
execution the provisions of this Act :

576 1787. — Chapter 20.

pacrked?&e!fa80t It is further enacted by the authority aforesaid, that if
provided by this any person shall, from and after the passing this Act,
Offer for sale, or sell any Cask of salted beef or pork,
not containing the quantity, and packed in the manner
provided in this Act, he shall forfeit for every Cask of
salted Beef or Pork he shall so offer for sale, the sum of
three pounds, lawful money, to be recovered by action,
information or indictment, in any Court proper to try
the same, one moiety thereof, to the use of the person
prosecuting for the same, and the other moiety, to the use
of the poor of the Town, wherein the offence shall have
been committed.

And be it further enacted by the authority aforesaid, ,
pealed!" act re" Tnat an Act> intitled "An Act for altering a certain
clause in an Act, intitled An Act regulating the exporta-
tion of Flax Seed, Pot Ash, Pearl Ash, Beef, Pork,
Barreled Pish and dried Pish," made and passed in the
year of our Lordx one thousand seven hundred and eighty
six, from and after the passing this Act, be, & hereby is
repealed. November 14, 1787.

1787. — Chapter 20.

[October Session, ch. 9.]

Chan 20 AN ACT F0R THE continuance of, and in addition to an
\jiw;j). £\j ACT ENTITLED <.AN ACT F0R suspending the laws for

THE COLLECTION OF PRIVATE DEBTS, UNDER CERTAIN LIM-
ITATIONS."

Preamble. Whereas the lime limited for the duration of the said

Act, is near expiring : Therefore,

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

Time of contin- the same that the aforesaid act shall continue and be in
force, untill the third Wednesday of the next sitting of
the General Court, and no longer.

Appraisers, how And be it further Enacted, that when any execution

„v.«a«« J ••II

shall be levied in pursuance of the Act aforesaid, the
appraisers shall be chosen in the following manner, and
not otherwise : the creditor shall choose one, and the
debtor one ; but if debtor or creditor shall neglect, or
refuse to choose as aforesaid, the other party shall choose
one appraiser, & the Officer shall choose one other ap-
praiser. And in either case the two appraisers chosen
as aforesaid, shall choose the third; any thing in the
aforesaid act notwithstanding.

uance.

chosen.

1787. — Chapter 21. 577

Provided however , that in case the two appraisers chosen Proviso,
as aforesaid, shall not agree on a third appraiser, the
Justice before whom they shall be sworn, shall appoint
the third person. November 15, 1787.

1787. — Chapter 21.

[October Session, ch. 10.]

AN ACT FOR ESTABLISHING PUBLIC LIGHTS, ON THE NORTH END QJian. 21
OF PLUMB ISLA^TD, IN IPSWICH BAY, IN THE COUNTY OF * '

ESSEX.

Whereas it ivill be of great advantage to the commerce Preamble.
of this Commonwealth, that two 'public lights should be
established upon the north end of Plumb Island, in Ipswich
Bay, in the County of Essex, in such a position as to form
but one light to vessels passing over the bar, into Merri-
mack River :

Be it therefore Enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, that the Commissary General, Two small light

*J *J ' v * IiOUHt'H tO 1)6

together with Messieurs William Coombs, Michael Hodge, erected.
& William Bartlett, of Newbury Port, in the County of
Essex, merchants, be, and hereby are invested with full
powers and authority to erect & build two small wooden
light houses, on the north end of Plumb Island aforesaid,
& in the position above described, convenient for fixing
proper lights thereon : provided the expence of erecting Proviso.
& building the said light houses, shall not exceed the sum
of three hundred pounds, lawful money : & provided the
said light houses be so constructed, as whenever the said
bar should shift, the said light houses may be moved so as
always to be kept in the position aforesaid.

Be it further enacted by the authority aforesaid, That ^^d how
the expence of building the said light houses, shall be
defrayed out of the monies which shall be received into
the Treasury of this Commonwealth, for the year One
thousand seven hundred & eighty eight, on account of
duties imposed for the purpose of supporting and main-
taining the several light houses in this Commonwealth,
not before appropriated.

And it is further Enacted by the authority aforesaid,
that when the light houses aforesaid, shall be compleated, Gene'raUo'pro.
the Commissary General, provide suitable lights to be ^de suitable

• n ■ • I «i •> tog*318' &0-

placed therein, & maintain them in the same manner, &

578 1787. — Chapters 22, 23.

out of the same funds, as the other public lights of this
Commonwealth, are provided for & maintained ; & the
Commissary General is hereby directed and enjoined to
provide for the keeping the said light houses, at all times,
in the position above described.
Proviso. Provided nevertheless, that nothing in this act shall

oblige the Commissary General to advance any money for
the support of the Lights, to be erected as aforesaid, until
the debts previously contracted for the support of the
public lights, be first discharged out of the funds appro-
priated therefor ; but if any person or persons will advance
money, for the support of the said lights, to be erected as
aforesaid, the Commissary General, is directed to charge
the money so advanced, to the said funds.

November 16, 1787.

1787. — Chapter 22.

[October Session, ch. 11.]

Chary 22 AN ACT T0 ANNEX A gore of land to the town of long-

* ' MEADOW.

Be it Enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, that the Gore of land lying at the southeasterly
part of the Town of Longmeadow , and adjoining the said
Town, called the Gore, containing about four hundred
acres, the said land heing and lying north of what is called
the Colony line, and not included in any Town, together
with the inhabitants thereof, be, and hereby is annexed to
the Town of Longmeadow : and the said inhabitants shall
there do duty, and receive priviledges, equal to the other
inhabitants of the said Town. November 16, 1787.

Chap. 23

1787. — Chapter 23.

[October Session, ch. 12.]

AN ACT TO UNITE THE FIRST AND SECOND PRECINCTS IN THE
TOWN OF LEOMINSTER, IN THE COUNTY OF WORCESTER,
INTO ONE PARISH.

Preamble. Whereas it appears to the General Court, from the

representations of the inhabitants of the said Precincts,
that it will be more convenient, & for the interest of the said
town, that the first & second Precincts in the said town
should be united into one Parish:

1787. — Chapter 24. 579

Be it therefore enacted by the Senate & House of Repre-
sentatives in General Court assembled, & by the authority
of the same, that the first & second Precincts in the said K^,dnfte'?nd
town of Leominster, be united into one Parish, & all
Parish lines in the said town of Leominster, are hereby
declared void ; any law, resolution or order, to the con-
trary notwithstanding.

Provided nevertheless, that the inhabitants & estates of p™™0-
the said Precincts, respectively, be held to pay all parish
taxes, already assessed on them, & all Parish debts due
from them, in their seperate capacities, in the same
manner that they would have been held, if this act had
not passed. November 16, 1787.

1787. — Chapter 24.

[October Session, ch 13.]

AN ACT FOR NATURALIZING ALEXANDER MOORE, AND OTHERS, Qlajj 94
HEREIN NAMED. ^ '

Whereas Alexander Moore, Isaac Smith, John Deverell, Preamble.
John Gregory, David Poignand, and Delicia his wife, and
Abraham Bazin, now residents in Boston, and Benjamin
Pickman, now resident in Salem, Henry Smith with Eliza-
beth his wife, in behalf of themselves (t* their children, also
Kirk Boott, cti \\ illiam Pratt, now resident in Boston,
have petitioned the General Court, that they may be nalu-
ralized, and it appearing reasonable that the prayer of the
petitioners shoidd be granted:

Be it therefore Enacted by the Senate and House of
Representatives, in General Court assembled, tt; by the
authority of the same, that Alexander Moore, merchant, Alex- Moore f
Isaac Smith, clerk, John Deverell, silver smith, John ized.
Gregory, merchant, David Poignand, merchant, & Delicia
Poignand his wife, Abraham Bazin, merchant, Henry
Smith, merchant, with Elizabeth Smith his wife, Henry
Lloyd Smith, Elizabeth, Catherina, Rebecca <& Anna
Smith, children of the said Henry, now resident in Boston,
Benjamin Pickman, Esquire, now resident in Sale?n, in
the Commonwealth of Massachusetts, William Pratt and
Kirk Boott, both of London, in the Kingdom of Great
Britain, merchants, now residing in the said Boston,
Mary Boott, the wife of the said Kirk Boott, and Frances
the daughter of the said Boott, upon their respectively
taking the oath of allegiance to this Commonwealth, before

580 1787. — Chapter 25.

two Justices of the Peace, quorum unus, (they being of
age, or when they shall come to be of age) shall be deemed,
adjudged, & taken to be free citizens of this Common-
wealth, & entitled to all the privileges, liberties, and
immunities of natural born subjects.

And be it further enacted, that the Justices before whom
the persons aforenamed may respectively take the oath
aforesaid, shall return a certificate thereof into the Secre-
tary's Office, to be recorded in a book, ordered to be kept
for that purpose. November 16, 1787.

Chap.

1787. — Chapter 25.*

25 AN ACT TO ENABLE JEDUTHUN RICHARDSON TO TURN THE
WATER IN RICHARDSON'S RIVER (SO CALLED) IN WOBURN
IN THE COUNTY OF MIDDLESEX.

Whereas Jeduthun Richardson of Woburn has peti-
tioned the General Court for leave to turn the water which
runs in Richardson's River (so called) in the Town of
Woburn out of the natural Canal, for the 'purpose of carry-
ing it to a Corn Mill, which he is about to move from the
place where it now stands, and build in a place more con-
venient for public use: And whereas Jonathan Richardson
<& Rebecca Richardson tlie only proprietors of lands ad join-
ing to the said river where the waters thereof are proposed
to be turned (other than the lands owned by the said Jedu-
thun) have by writing under their hands & seals certified
their consent- to turning the said water agreeably to the
prayer of the said petition; And this Cowt being satisfied
as to the utility thereof.

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 Jeduthun Richardson
be, and he hereby is permitted & empowered to turn the
waters of the said river out of the natural channel by cut-
ting a canal through his own land, which lays eastward of
the said Jonathan Richardson's land thence southwesterly
by the northwardly side of the said Jonathan Richardsons
and the said Rebecca Richardson's land crossing the road
or high way about twenty poles northeastwardly from the
said Jeduthun's Corn Mill where it now stands, so on,
through the said JeduthuvUs own land, to the place where
he proposes to build the said Corn Mill, & from thence

* Not printed in previous editions.

1787. — Chapter 20. 581

by the most direct course into the natural channel of the
said River agreeably to a plan exhibited with the said
petition, taken by Samuel Thompson Surveyor, dated
October 1787 ; and to use and improve the same waters
forever in the same manner as though the original channel
had run in the same place where the said Canal is pro-
posed to be cut, without being liable to any prosecution
for trespass or damage for turning the said waters or
using the same as aforesaid any law to the contrary not-
withstanding. Provided nevertheless and be it further
Enacted that the said Canal shall be so constructed, as to
supply the said natural Channel with water at all times,
sufficient for the purpose of watering cattle.

November 16, 1787.

1787. — Chapter 26.

[October Session, ch. 1.]

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT TO RAISE QJiajJ 26
A PUBLIC REVENUE BY EXCISE." * '

Be it Enacted by the Senate & House of Representatives,
in General Court assembled, and by the authority of the
same, that so much of a Clause in the Act to which this is clause in a
an addition, as directs the Collector or his Deputy, who repeal™.0'
may receive Certificates given by persons living in another
County, to transmit them to the Collector of the County,
where the person giving them lives, be repealed ; & that
the several Collectors be, and they are hereby directed,
to transmit to the Comptroller General, all the Certificates
which they may receive from importers or other persons
accounting with them, except such Certificates as are given
by persons living within their respective Districts, — and
if the Comptroller General, on examination, should find
any of those Certificates not credited by the person sign-
ing the same, he shall transmit them to the Collector of
the County or District, where the person giving them lives.

And be it Enacted, that if any person legally authorized Penalty for
to sell excised articles, shall give a Certificate promising cofnTforexcisei
to account for the excise on the articles contained therein, &c'
and shall neglect to do it in the manner and at the times
prescribed by the Act to which this is an addition, such
person shall pay the excise on the articles mentioned in
such Certificate, and fifty per centum, in addition thereto ;
and if any person not legally authorized as aforesaid, shall

582 1787. — Chapter 27.

give such Certificate, he shall forfeit and pay four fold
How recovered, duties on the articles mentioned therein ; and the Collector
of the County or District, where such delinquent lives,
shall demand the same ; & if not paid in thirty days, he
shall sue for, and recover the penalty aforesaid, in any
Court proper to try the same ; and the Collector shall
pay into the Treasury all such duties and penalties, as
soon as may be, after the receipt thereof, and shall account
with the Comptroller General therefor.
„ , , And be it further Enacted by the authority aforesaid,

Penalty when *^

licenced or per- that if any licenced or permitted person shall neglect to
rfegiLt'to™0118 exhibit his Accounts and Certificates, agreeably to the Act
coum" &clir ac' to which this is an addition, on the first days of May and
November annually, or within thirty days thereof, the
Collector shall put his bond in suit, and shall recover a
sum not less than double the whole amount of the duties
on all the excised articles such person had on hand, at the
settlement last made, & on all which he may have imported
or given certificates to account for, since such settlement ;
and if after rendering such Accounts, any person shall
neglect to pay the excise due thereon, for forty days after
the said first days of May & November respectively, the
Collector shall then proceed as is by law provided in case
of the non payment of the duties on Wheel Carriages.
Time this act And be it further Enacted, that this Act shall begin to

shaii operate, operate, & be in force, from and after the first day of
January, in the year of our Lord, one thousand seven
hundred and eighty eight, and the Comptroller General, is
hereby directed to transmit a copy of this Act, to the
several Collectors of Impost & Excise, within this Com-
monwealth, that they may govern themselves accordingly.

November 16, 1787.

Chaj). 27

1787. — Chapter 27.

[October Session, ch. 14.]

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE
PURPOSE OF BUILDING A BRIDGE OVER THE RIVER BE-
TWEEN SALEM AND BEVERLY, AND FOR SUPPORTING THE
SAME.

Preamble. Wliereas the erecting a Bridge over the River between

Salem and Beverly, from the ferry ways on Salem side, to
some place on Beverly side, between the extremes of Green's
point, and Ellinwood's wharf, (so called) will be of great,

1787. — Chapter 27. 583

public utility, and very beneficial to the County of Essex,
in particular ; and George Cabot, Enquire and others, have
petitioned this Court for an Act of incorporation, to impower
them to build the said Bridge, and many persons, under
the expectation of such an Act, have subscribed to a fund
for the purpose of erecting and Compleating the same:

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 George Cabot, Esquire John Cabot, Proprietors m-
John Fish, Israel Thorndike, and Joseph While, be, and body politic.
hereby are constituted a Corporation for Building a Bridge
as aforesaid, so long as they shall continue to be proprie-
tors in the fund to be raised for that purpose, together
with all those who are, or shall hereafter become proprie-
tors to the said fund, shall be a corporation and body
politic, under the name of the proprietors of Essex Bridge,
and by that name, may sue and prosecute, and be sued
and prosecuted to final Judgment and execution, and to
do and suffer all other matters and things, which bodies
politic, may or ought to do and suffer, 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 and alter at pleasure.

And Be it further enacted by the authority aforesaid,
that the said George Cabot, Esquire, John Cabot, John Proprietors may
Fish, Israel Thorndike, and Joseph White, or any three ca
of them, may by advertisement, in any two of the News-
papers, call a meeting of the said proprietors, to be holden
at any suitable time and place, 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 single share in all cases) shall choose a
Clerk who shall be duly sworn to the faithful discharge of
his Office ; and also shall agree on a method for calling
future meetings ; and at the same or any subsequent meet- &™tlmehe
ing, may make and establish any rules and regulations, ["t1^)8Ugnd regu"
that shall be necessary or convenient for regulating the
said Corporation, for effecting, compleating and executing
the purposes aforesaid, or for Collecting the Toll hereafter
granted, and the same rules and regulations may cause to
be kept and executed, or for the breach thereof, may order
and enjoin tines and penalties, not exceeding four pounds;
provided the rules and regulations are not repugnant to Proviso.

584:

1787. — Chapter 27.

Toll granted.

Rates of Toll.

When to com-
mence, and how
long to continue.

Bridge, — how
to be built.

the Laws or Constitution of this Commonwealth : 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 meeting,
shall l>e proved in writing, signed by the person making
the same, by special appointment, 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 the said Clerk, in a book
or books for that purpose provided and kept.

And be it further enacted by the authority aforesaid,
That for the purpose of reimbursing the said proprietors
the monies by them expended, or to be expended in
building and supporting the said Bridge, a toll be, and is
hereby granted and established for the sole benefit of the
said proprietors, according to the rates following, to wit.
for each foot passenger, One fiftieth part of dollar; for
each person and horse, one twentieth part of a dollar ; for
each horse and chaise, for each sulky, or for each Sley
drawn by one or more horses, one eighth of a dollar; for
each Coach, Chariot, Waggon or Curricle, one fourth of a
dollar; for each Cart, waggon, Sled or Sley, or other
Carriage of burden, drawn by one or more beasts, one
tenth of a dollar; for each wheelbarrow, hand Cart, or
other vehicle, capable of carrying a like weight, with one
person, three hundreths of a dollar; for neat Cattle, and
Horses, exclusive of those rode, or in Carriages, three
hundreths of a dollar each ; for sheep and swine, at the
rate of one twelfth of a Dollar for each dozen. — and Toll
on Lord's days, shall be double the above rates ; and to
each Team one person and no more, shall be allowed as a
driver, to pass free of Toll ; and at all times when the toll
gatherer shall not attend to his duty, the gate or gates
shall be left open — and the said Toll shall Commence on
the day of the first opening of the said bridge, for passen-
gers, and shall continue for and during the term of seventy
years, at the end of which time the said Bridge shall be
delivered up in good repair, to and for the use of this
Government.

And be it further enacted by the authority aforesaid,
that the said Bridge shall be well built, at least thirty two
feet wide, of good and suitable materials, and be well
covered with plank or Timber, on the Top, suitable for
such a bridge, with sufficient rails, on each side, boarded

1787. — Chapter 27. 585

eighteen inches from the bottom, for the safety of passen-
gers ; and the same shall be kept in good, safe and pass-
able repair, for the Term aforesaid ; and at the end of the
said term, the said Bridge shall be left in like repair. —
and the said proprietors shall constantly keep the said
bridge accommodated with at least, twelve good Lamps, _t0be
four of which shall be at the draw, and kept burning ^mam^s,
through the night ; and all the said Lamps shall be well &«•
supplied with Oil, and lighted in due season, and those
not at the draw, 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 view, a sign or board with the rates of toll of all the
tollable articles, fairly and legibly written thereon, in large
or capital letters.

A.nd whereas it is always deserving of the attention of
Government in accommodating t lie public, and in promot-
ing undertakings of public utility, to guard as much as
possible against inconveniences to any individuals ; there-
fore for rendering the said Bridge, as little inconvenient
as possible to the navigation of the said river, and for
facilitating the passing and repassing of vessels through
the said Bridge:

Be it further enacted by the authority aforesaid, that a convenient
the said proprietors shall build, and during the said term Pageway,p?o "be
keep a convenient and sufficient draw, or passage way, at bullt>
least thirty feet wide, at some place in the said Bridge,
proper for the passing and repassing of vessels by day and
by night, through the said Bridge ; and shall also build
and maintain in good repair, a well constructed and sub-
stantial pier, or wharf, on each side of the said Bridge,
and adjoining to the Draw every way, sufficient for Vessels
to lie at, securely ; and the said Draw shall be lifted for
all ships and vessels, without Toll or pay, ext ept for boats
passing for pleasure; and all ships and Vessels intending
to pass the said Draw, shall lie free of charge, at the
Wharf or Pier, until a suitable time shall offer for passing
the same ; and the said proprietors shall, during the said nraw shall be

i c lifted without

Term, constantly keep at the said Draw, some suitable toil or pay &c.
person or persons, for lifting up the same, for the passing
or repassing of all ships and vessels, with masts that shall
not admit of a safe passage under the Draw ; and also an
anchor placed in the bed of the river, at a proper distance
above the Draw, with a Hawser of suitable size and

586

1787. — Chapter 28.

.Compensation
to be made to
the towns of
Salem and
Danvers.

strength extending through the Draw to another anchor
placed at a similar distance below the said Draw, which
Hawser shall always have the Right or middle part lodged
at the Draw ready for use, to all vessels passing the Draw
either way ; and they shall also constantly keep at the
said Draw, a good Hawser or rope not less than three
inches in circumference, of sufficient length to extend from
the extremity of the wharf or pier on one side of the
Bridge, to the extremity of the wharf or pier on the other.

And Be it further enacted by the authority aforesaid,
that after the said Toll shall commence, the said proprie-
tors or corporation shall annually pay to the Treasurer of
the Town of Salem, or his successor in the said office, the
sum of forty pounds Lawful money, as a full compensa-
tion for the ferry ways lately erected by the said Town,
the materials composing the same, and the emoluments
arising from the said ferry ; and to the Treasurer of the
Town of Danvers, in the said County, or his successor,
the sum of ten pounds, lawful money, annually.

And be it further enacted, that if the said proprietors
shall refuse or neglect, for the space of four years after
the passing of this Act, to build and Complete the said
Bridge, then this Act to be void, and of no effect.

November 17, 1787.

Chap.

Preamble.

1787. — Chapter 28..

[October Session, ch. 2.]

2g AN ACT TO INCORPORATE CERTAIN PERSONS, BY THE NAME
OF THE SOCIETY, FOR PROPAGATING THE GOSPEL AMONG
THE INDIANS AND OTHERS, IN NORTH AMERICA.

Whereas divers persons have petitioned this Court for
an Act of incorporation, whereby they may be the better
enabled to carry into effect their design of propagating the
Gospel among the Indians & others in JSforth America,
and it is reasonable that the prayer of the said petition
sliould be granted: therefore, to promote & encourage the
same.

Be it enacted by the Senate, and House of Represent-
atives, in General Court assembled, and by the authority
certain persons of the same, that Richard Cranch, of Braintree, esqf,
reverend John Clark, of Boston, Francis Dana, of
Cambridge, esq1^, reverend Joseph Eckly, and John
Elliot, of Boston, reverend Nathaniel Emmons, of

incorporated.

1787. — Chapter 28. 587

Franklin, reverend Levi Frisbie, of Ipswich, Moses Gill,
of Princeton, & William Hi/slop, of Brookline, esq'rs.
reverend Timothy Hilliard, of Cambridge, Jonathan
JIason, of Boston, esqr ; reverend Phillips Payson,
of Chelsea, reverend Eliphalet Porter, & Increase /Sum-
ner, esqr ; of Roxbury, Ebenezer Storer, esq- ; rev-
erend Peter Thacher & Oliver Wendell , esq?; of Boston,
reverend Joseph Willard & Edward Wigglesworth, &
Samuel Williams, Doctor of Laws, of Cambridge, & the
reverend Ebenezer Wight, of Boston, be, with such others
as they shall elect, & they hereby are incorporated, &
made a body politic, for the purpose aforesaid, by the
name of, the Society for propagating the Gospel among
the Indians, & others, in North America ; & the Society society to have

e -illiu 4.1 ' o 1 perpetual sue

aforesaid, shall have perpetual succession, & may nave a cession.
common seal, which it shall be lawful for them to change,
break, alter and make new at pleasure, & may purchase
& hold in succession, lands, tenements, and real estate of
any kind, the annual income and profits whereof not to
exceed the value of Two thousand pounds. And the said
Society is hereby enabled to take & receive subscriptions, Enabled to take
of charitably disposed persons, & may take any personal Bcrlptions.6 8Ub'
estate in succession ; and all donations to the Society,
either by Subscription, legacy or otherwise, excepting
such as may be differently appropriated by the donors,
shall make a part of, or be put into the capital stock of
the Society, which shall be put out on interest on good
security, or otherwise improved to the best advantage, &
the income or profits applied to the purposes of propagat-
ing the Gospel among the said Indians, in such manner
as they shall judge most conducive to answer the design
of their institution ; and also among other people, who
through poverty or other circumstances, are destitute of
the means of religious instruction : And the said Society
is hereby empowered to give such instructions, orders &
encouragements to their Officers, & those they shall em-
ploy, as they shall judge necessary; & the persons em- persons em-
ployed as teachers in any capacity, shall be men of the ^^o be oTthe"
protestant Religion, of reputed piety, loyalty, prudence, protestant reiig-
knowledge & literature, & of other Christian & necessary
qualifications suited to their respective stations.

And be it further Enacted by the authority aforesaid,
that the said Society shall meet at some convenient place Time and place
in the Town of Boston, on the first thursday of December £U meeting. e

588 1787. — Chapter 28.

next, & then chuse a President, Vice President, Treasurer
and Secretary, and such other Officers as they shall judge
proper, & may make bye laws, & orders, for the regula-
tion of the said Society ; Provided such bye laws & orders
be not repugnant to the Laws of the Land, & act upon
all matters which they apprehend needful, to promote the
end of their institution : and the Officers so chosen shall
continue in their Office, until the thursday next succeed-
ing the last Wednesday of May next following the time
of their appointment.
Time of holding And be it further enacted, that there shall be a general
fogT3 meeting of the members of the said Society, at Boston

aforesaid, or in any other place within this Common-
wealth, (unless some extraordinary occurrence prevent
the same) on the thursday aforesaid in May, & first thurs-
day of November , yearly, forever, and oftener if needful,
when and where the said Society shall think fit ; and any
seven of the members (the President, Vice President,
Treasurer, or Secretary always to be one) being convened
at the said time & places, are hereby declared to be a
quorum of the said general meeting ; & the said Society
at their general meeting in May in every year (& in case
of any extraordinary occurrence preventing their meeting,
then at their next general meeting after shall out of their
own body) by a majority of the members present, elect a
President, Vice President, Treasurer & Secretary, and
such other Officers as they shall find needful, to continue
in Office until the May meeting next following their ap-
pointment, or until others be chosen to succeed them ; &
all the Officers aforesaid, before they shall be qualified to
officers shall be act shall be under oath, for the faithful performance of

uiuler oath. . . ni • i m • i • n

their respective trusts ; & the said Society, at their first,
or any other stated meeting, (& at no other) may elect
into their body, such persons as they shall judge quali-
fied, to assist them in their good design ; Provided the
whole number of the said Society, shall at no time exceed
Fifty members ; & may appoint Committees, to prosecute
the orders of any general meeting, audit the Treasurer's
accounts, & prepare matters for the Society to act upon ;
& such Committees shall exhibit an account of their pro-
ceedings, at the general meetings of the said Society.
Society declared And be it enacted, that the Society aforesaid, by the
ecutin! action0/,' name aforesaid, shall be, & is hereby declared to be capable
8501 to prosecute, pursue, & defend, in all Courts, & places,

1787. — Chapter 28. 589

& before all proper Judges whatsoever, all actions, causes,
processes & pleas, of what kind or nature soever, in the
fullest & amplest manner; & if it shall happen that the
said Society shall become seized of lands, or tenements
by mortgage, as security for the pa}7ment of any debts,
or by levying executions on lands for discharge of debts,
due to the said Society, it shall be lawful for the said So-
ciety, by deed under the hand & seal of their President,
for the time being, to sell & convey the lands acquired
in either of the two mentioned ways ; Provided that no
such sale shall be made, or concluded on, but at some
general stated meeting.

And be it further enacted, that the said Society be, & society may

" remove imv oi

hereby is empowered, upon the death of their President, their officers.
Vice President, Treasurer, Secretary, or any other Offi-
cer, to choose others at any stated general meeting, to
succeed them ; & may also remove any of their Officers,
when they shall judge expedient, & appoint others to suc-
ceed them therein. Provided alivays, that no member Proviso.
shall be removed, or Officer displaced, unless at one of
the stated general meetings as aforesaid.

And to the end, that the members of the said Society,
& all contributors to the said design, may know the state
of the Society's stock, & the dispositions of the profits
thereof, & of all the donations made to the said Society :

Be it further enacted, that a particular account of such Account of
stock & disposition, shall be exhibited by the Treasurer, b^exhibite/at
at every stated general meeting ; which accounts, the Sec- nTeetinge.neral
retary, or a Committee of the said Society, (having ex-
amined the same) shall certify to be true ; & fair entries
shall be made, in proper books, to be provided for that
purpose, of all donations made to the said Society, & of
all the estate, both real & personal, belonging to the
Society, & of the incomes thereof, & also of all transac-
tions, either by themselves, their Officers, or Committees,
for, or on account of the Society ; & the said books shall
be brought to the stated general meetings of the Society,
& be there open for the perusal & examination of the
members.

And it is further enacted, That Moses Gill, esqr ; be, and Moses Gin, Esq.
he hereby is authorized, by public notification, in JVourse meeting6 rtm
o5 Adams Independent Chronicle, to call the first meeting
of the said Society, at such time & place, in the Town of
Boston, as he shall judge proper. November 19, 1787.

590

1787. — Chapter 29.

Clause respect-
ing persons who
stand com-
mitted, and have
not sufficient
estate to support
themselves in
prisun.

1787. — Chapter 29.

[October Session, ch. 3.]

Chap. 29 AN ACT F0R THE RELIEF OF POOR PRISONERS, WHO ARE COM-
1 ' MITTED BY EXECUTION FOR DEBT.

Be it Enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, that when any person, standing committed by
force of any Execution issuing from any Court in this
Commonwealth, on a judgment recovered by any person,
shall complain that he, or she, hath not estate sufficient to
support him, or her, in prison, the Goaler or Keeper of
such prison, shall on such complaint, apply to one of the
Justices of the Peace, within & for the County, in which
such prison is, who shall thereupon make out a notifica-
tion in writing under his hand and seal, thereby signify-
ing to the Creditor, or Creditors, such prisoner's desire of
taking the privilege & benefit allowed in and by this Act,
and of the time and place, appointed for the intended cap-
tion of the oath or affirmation allowed by this Act, & which
being served on the Creditor, or Creditors, of the said
prisoner, if he, she or they live within this Common-
wealth, his or her Executor, or Administrator; and if
such Creditor or Creditors, live out of this Common-
wealth, upon his or their Agent, or Attorney, who
brought forward the suit on which the iudgment whereon
the execution by which the prisoner stands committed,
was rendered, by the Sheriff, or his Deputy, of the
County, in which the said service shall be made, either
by reading the same to him or her, or by leaving an
attested copy thereof, at the usual place of abode of such
Creditor or Creditors, Agent or Attorney as aforesaid, at
least thirty days before the time appointed for taking the
said oath or affirmation, that he, she, or they may be pres-
ent, if they see cause. Provided that if any Creditor or
Creditors, live out of this Commonwealth, and have no
Agent or Attorney as aforesaid living in the same, an
attested copy of such notification, shall be left with the
Clerk of the Court, or the Justice by whom the said Exe-
cution was signed, at least fifty days before such intended
caption.

And be it further Unacted, that any two Justices of the
Peace, within and for the County where such caption is to
be taken, each of whom shall be of the quorum, & disin-
terested and not related either to the Creditor or Debtor,

Justices of the
pt-ace em-
powered to ad-
minister an oath
or affirmation.

1787.— Chaptek 29. 591

are hereby authorized & empowered, at the time and
place appointed for the taking such caption, to examine
the return of the said notification ; and if it shall appear
to be duly made, to administer the said oath or affirma-
tion, after fully examining & hearing the parties, if they
the said Justices, shall think proper so to do, to such
Debtor; which oath or affirmation, shall be in the form
following, to wit.

I do solemnly swear before Almighty God, „a°trhm of the

(or affirm, as the case may be) that I have not any
estate, real or personal, in possession, reversion or re-
mainder, sufficient to support myself in prison, or to pay
prison charges ; and that I have not since the commence-
ment of this suit against me, or at any other time, directly
or indirectly, sold, leased or otherwise conveyed or dis-
posed of, to, or intrusted any person or persons whom-
soever, with all or any part the estate, real or personal,
whereof I have been the lawful owner or possessor, with
any intent or design to secure the same, or to receive or
to expect any profit or advantage therefor ; or have caused
or suffered to be done, any thing else whatsoever, whereby

any of my Creditors may be defrauded. So help me

God (or this I do under the pains and penalties of

perjury, as the case may be.)

Which oath or affirmation being administered by the Certificate of
said Justices to, and taken by such prisoner, and a Certifi- made?atb t0 be
cate thereof made under the hands & seals of the Justices
administring the same, to such Goaler or Prison Keeper,
he shall thereupon set such prisoner at liberty, if he or
she is committed for no other cause, and the body of such
prisoner shall not be held in prison any longer upon such
Execution ; which Certificate to be made by the Justices
as aforesaid, shall be in the form following, to wit.

S. ss.

To Keeper of the Goal at

We the subscribers, two of the Justices of the Peace Form of the
for the said County of S. and each of us of the quo- certiflcate-
rum, hereby certify, that A. B. a poor prisoner, confined
upon Execulion for debt, in the Goal at C. aforesaid, hath
caused D. E. the Creditor, at whose suit he was so con-
fined, to be notified according to law, of his the said- A.
li's desire of taking the benefit of an Act, intitled, " An
Act for the relief of poor prisoners, who are committed

592

1787. — Chapter 29.

Penalty if con-
victed of per-
jury.

Judgments ob-
tained against
such prisoners,
shall remain
good and effect-
ual.

Persons now in
execution, who
have been ad-
mitted to the
oath prescribed
in a former act,
shall be dis-
charged from
prison.

by Execution for debt ; " that in our opinion the said A. B.
hath not any estate, either real or personal, sufficient to
support himself in prison, and that he hath not conveyed
or concealed his estate with design to secure the same to
his own use, or to defraud his Creditors, and that we have
after due caution to the said A. B. administered to him
the oath (or affirmation) prescribed in the Act aforesaid.
"Witness our hands and seals, this day of A.D.

And be it further Unacted, by the Authority aforesaid,
that if any such prisoner as aforesaid, shall be convicted
of having sold, leased or otherwise conveyed, concealed
or disposed of, or intrusted his or her estate, or any part
thereof, directly or indirectly, contrary to his or her fore-
going oath, or affirmation, he or she shall not only be lia-
ble to the pains & penalties of wilful perjury, but shall
receive no benefit from the said oath or affirmation ; And
in case such prisoner at the time of the intended caption,
shall not take the said oath or affirmation, or be not
admitted thereto by the said Justices, he shall be re-
manded back to prison, and shall not be intitled to the
benefit of this Act, unless a new Notification be made out,
and served in manner as aforesaid.

And be it fir t her Unacted, that all & every judgment,
obtained against such prisoners, shall notwithstanding
such discharge as aforesaid, be, and remain good & effect-
ual in law, to all intents & purposes, against any estate
whatsoever, which may then or at any time afterwards,
belong- to him or her ; & the Creditor or Creditors, Agent
or Attorney, their Executors or Administrators, may take
out a new execution against the lands, tenements, heredit-
aments, goods, & chatties of such prisoner, (his wearing
apparel, and household furniture, necessary for himself,
his wife and children, and tools necessary for his trade or
occupation, only excepted) for the satisfaction of the
debt, in such sort and manner as might have been done,
in case the said prisoner had never been taken in execu-
tion.

And be it further Enacted, that all and every person or
persons, now in Execution, and confined in any of the
Goals in this Commonwealth, who have been duly admit-
ted to the oath prescribed in an Act made and passed in
the year of our Lord, One thousand seven hundred and
sixty three, intitled, " An Act for the relief of poor pris-
oners for debt," & who are notwithstanding still held in

1787. — Chapter 30. 593

custody, on the said Execution, by his, her, or their
Creditor, paying such weekly allowance for their support
in prison, as in the same Act is provided, shall be,
and they hereby are discharged from such executions,
whereon such oath hath been admimstred ; and the sev-
eral Goalers in whose custody such persons may be, shall
upon due notice given them of this Act, discharge them,
if they are confined for no other cause.

November 19, 1787.

1787. — Chapter 30.

[October Session, ch. 15.]

AN ACT TO PREVENT THE DESTRUCTION OF OYSTERS, AND ALL QJiaT) 30
OTHER SHELL FISH, LAYING WITHIN THE HARBOURS, RIVERS -* '

AND BAYS WITHIN THE LIMITS OF THE TOWNS OF SANDWICH
IN THE COUNTY OF BARNSTABLE, AND IVAREHAM, IN THE
COUNTY OF PLYMOUTH, AND THE TOWNS OF DARTMOUTH,
AND WESTPORT, IN THE COUNTY OF BRISTOL.

Whereas it is of late the practice of persons belonging to Preamble.
other towns S ports to come with vessels & other craft into
the rivers & harbours of the aforesaid tovjns of Sandwich,
Wareham, Dartmouth & Westport, then & there to rake
the beds of oysters & other useful shell fish, and carry
away from the inhabitants large quantities of the said fish
into other parts not belonging to this Commonwealth, by
means whereof the said fish are in a great measure
destroyed; to the great damage of the poor & other inhabi-
tants of the said towns:

Be it Enacted b>i the Senate and House of Representa-
tives in General Court assembled, & by the authority of
the same, that any time from & after the first day of March Penalty for

J .11 offending

next, no person or persons presume to take, rake, or against this act.
carry off by water, to any place, out of the limits of the
said towns, more than three bushels of the said fish
(including the shells) at any one time; & any person
offending against this act, & being convicted thereof in

any Court proper to try the same, shall forfeit & pay not
less than twenty shillings nor more than four pounds,
unless liberty for taking the said fish be first had &
obtained from the major part of the Selectmen, of the
respective towns, within whose limits they are taken ; the
said liberty to be had & taken in writing under their hands.

591 1787. — Chapter 30.

Penalty for And be it farther enacted, that if any person or persons

residing in either of the said town-!, shall aid or assist any
person or persons as aforesaid coming out of or belonging
to any other town, in the taking of any of the fish afore-
said, or shall supply them therewith, he shall forfeit and
pay not less than twenty shillings, nor more than four
pounds, for each offence.
found wuh more And be it farther enacted by the authority aforesaid, that
than 3 bushels jf any vessel or boat shall be found within three miles of
without a per- ' either of the harbours or shores, of either of the said towns,
sefz'ed.ay having on board more than three bushels of the said fish,

(including the shells) taken within the limits aforesaid,
the said vessel or boat not being owned in either of the
said towns, & not having a permit in writing from the
Selectmen of one of the said towns for taking the said
fish, it shall & may be lawful for any person or persons
to seize such vessel or boat, & detain the same until the
master thereof, shall pay such fine or forfeiture as shall be
ordered by the Court that shall try the same, & the legal
costs arising thereon.
Breaches of this And be it enacted by the authority aforesaid, that all

act wncrc &

how tried. breaches of this act happening in the said town of Sand-
wich, shall be heard and determined by any Justice of the
peace, in the County of Barnstable, who on complaint of
any breach of this act made to him in writing, shall issue
his warrant for apprehending and bringing before him the
person thereof accused on oath. And all breaches of this
act which shall happen in the town of Wareham, shall be
heard & determined by any Justice of the Peace, for the
County of Plymouth, in the manner aforesaid. And all
breaches of this act committed in the town of Dartmouth
or Westport, shall be heard & determined by any Justice
of the Peace in and for the County of Bristol, in manner
aforesaid. And all the forfeitures which may arise as
aforesaid, shall accrue one half to him or them who shall
complain as aforesaid and the other half to the poor of the
town where the Offence shall be committed.

Limitation. j±n(i oe ft further Enacted, that this Act shall continue

and be in force for two years from and after the passing
the same, and no lon»er. November 20, 1787.

1787. — Chapter 31. 595

1787. — Chapter 31.

[October Session, ch. 16.]

AN ACT MAKING PROVISION FOR THE BUILDING AND MAIN- Qfoaj) %\
TAIN1NG LIGHT HOUSES ON THE SEA COAST OF THIS COM- -^*

MON WEALTH, AND FOR REPEALING ALL LAWS 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 there shall be paid by the Master or owner Tonnage duty to
of any Vessel not employed in the Coasting or fishing nav^a-officer,e
business, from and after the first day of January next, ll*™n£ot any
into the hands of the Naval Officer where any Vessel shall ve8sel-
clear out for any port not in this Commonwealth, previous
to the clearing of the said Vessel, a duty of two pence and
one half of a penny , per ton, to be computed agreeable to
the rules of Carpenters measurement.

And be it Enacted by the Authority aforesaid, that from a duty at the
and after the said first day of January next, the Master or annum, a'tou^to
Owner of any fishing or Coasting Vessel, of thirty tons or masted o^yowner
upwards, shall every six months" pay unto the Naval Offi- °fJ^ry fishiug
cer of the port where such Master or Owner may reside,
a duty at the rate of five pence per annum, for each ton
the said Vessel may measure, agreeably to the rules afore-
said ; and if the Master or Owner of any such Coasting
or fishing Vessel, shall refuse to pay as aforesaid, the said
Naval Officer is hereby empowered and directed, within
thirty days after such payment may become due, to sue
for and recover the same, in any Court proper to try the
same.

Provided nevertheless, that when any such Coasting or Proviso,
fishing Vessel may be employed in any voyages, other
than coasting or fishing, so much of the annual duty shall
be allowed by the said Naval Officer, as shall be in pro-
portion to the time they may have thus been employed.

And be it further Enacted by the Authority aforesaid,
that from and after the first day of January next, there a duty of is.
shall be paid by the Master or Owner of any Vessel not seis not wholly
wholly owned by some Citizen or Citizens of any of the zenTof ayny of
United States, on an entry being made thereof at any 8htatesn.lted
Naval Office within this Commonwealth, One shilling for
each and every ton, Carpenters measure, which the Vessel
may measure, and no more.

596 1787. — Chapter 31.

And be it further Enacted by the Authority aforesaid,
SfttS^TC™ tllat tne Master, or Owner of every Vessel, chargeable
shall enter.upon with the duties of Licdit money as aforesaid, shall upon

their arrival, , , . ° . . . ,*, . . l . .

the fun tonage her arrival in any port in this Commonwealth, enter with
the Naval Officer of the port where the said Vessel may
arrive, the full tonnage thereof, agreeably to the rules of
Carpenters measurement ; and the Naval Officer shall cal-
culate the duties on such Vessel agreeably to such entry,
unless he shall have any reason to believe that the said
Master or Owner has made a short entry of her tonnage,
in which case the said Naval Officer shall, and he is hereby
impowered and directed, to cause the said Vessel to be
measured by the rules of Carpenters measurement, and
if the said Vessel shall be found to measure more tons
than she is entered for, then, & in that case, the Owner
or Master who entered the said Vessel, shall pay three
shillings per ton, for each and every ton, she shall be
entered short of her real measurement : & the said Naval
Officers are hereby directed to give a Certificate to each
person for the receipt of the duties by him paid as required
by this Act.

And be it further Enacted by the authority aforesaid,

Two per cent, that each Naval Officer shall be allowed two per cent, out

u!n0rieodfl!ceer. of the duties he may collect as aforesaid, and the remain-
der thereof he shall every three months pay unto the

Remainder shaii Treasurer of this Commonwealth, & once in every year

be paid to the . . . , i m • i

Treasurer. shall render unto the ireasurer aforesaid an account on
oath of the monies so received, & make a settlement of

Naval officers the same ; and the said Naval Officers shall each of them
give bond to the Treasurer aforesaid, in the sum of one
thousand pounds, for the faithful performance of the ser-
vices required of them by this Act.

And, be it further Enacted by the authority aforesaid,

Duties arising, that all monies arising from the aforesaid duties, shall be

at°ed.api appropriated to, & kept in the Treasury, for the purpose

of building, supporting, & maintaining the Light houses
on the sea Coast of this Commonwealth, and no other,
and that the same be drawn out of the Treasury for that
purpose, by Warrant under the hand of the Governor,
with the advice and consent of Council, as often as occa-

Treasurer shaii sion niav require ; and the Treasurer is hereby directed

lav an account • 1 i i* .1.1 st i yi

beforfi the Gen- once in every year, to lay before the General Court an
fn^veryyear?6 account of the monies received for the said duties, with
the expenditure of the same.

1787. — Chapter 32. 597

And be it further enacted by the authority aforesaid,
that the persons, who are or may be appointed from time Duty of Light
to time, to be Keepers of the Light houses on the sea
Coast of this Commonwealth, shall carefully & diligently
attend their duty at all times, in kindling & keeping burn-
ing the lights, from sun setting to sun rising, and placing
them so as they may be most seen by Vessels coming in
or going out ; and upon conviction of neglect of their
duty before the Court of General Sessions of the Peace Penalty for
within the County, shall be liable to be fined according to n<
the degree or circumstance of the offence, not exceeding
one hundred pounds, one third part thereof to the use of
this Commonwealth, and the other two thirds to the per-
son or persons who shall inform of such neglect ; and
shall be also liable to an action of damage brought hy any
person, who may suffer by such neglect, to be recovered
in any Court proper to try the same.

And be it further Enacted by the authority aforesaid,
that from & after the first day of January, in the year of Laws heretofore

, i-ii-r-i'i'ij. made, repealed.

Our Lord One thousand seven hundred and Lighty eight,
all the Acts heretofore made for the purpose of support-
ing & maintaining the Light houses on the sea Coast of
this Commonwealth, shall cease to be of any force or
validity, excepting for the recovery of any penalties,
forfeitures or sums due, that have arisen by Virtue of
either of the said Acts. November 21, 1787.

1787. — Chapter 32.

[October Session, ch. 17.]

AN ACT AUTHORIZING THE JUSTICES OF THE SUPREME JUDI- njmr) Q9
CIAL COURT, TO LICENCE THE SALE OF REAL ESTATE BY Kj,iili}' °
MARRIED WOMEN IN CERTAIN CASES, AND FOR OTHER PUR-
POSES IN THE ACT MENTIONED.

Whereas it sometimes happens, that husbands absent Preamble.
themselves from this Commonwealth, & abandon their
wives, not making sufficient provision for their support,
ivho may be thereby reduced to great distress, not being
able to make any valid contracts, or dispose of any estate
of their own : For remedy whereof,

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 such cases where any married man Justices em-
has heretofore, or may hereafter absent himself from this ncen^the^aie

598 1787. — Chapter 32.

of real estate by Common wealth, abandoning his wife & not making suffi-

marned women, . ' O . p

in cases where cient provision for her support or maintenance, the Jus-
themseives. tices of the Supreme Judicial Court are hereby author-
ized, at any of the terms of the said Court, upon the
application of any such wife, to empower & enable her,
during the absence of her husband from this Common-
wealth, & no longer, in her own name, to make and exe-
cute any contract, either under seal or otherwise, and by
deed to sell & convey any estate real or personal, of which
at the time of such sale, she shall be seized or possessed
in her own right, and to commence, prosecute, & defend
any suit in Law or equity, to final judgment & execution,
in the same manner, as fully, and to all intents & pur-
poses, as if she was sole & unmarried ; or the said Jus-
tices may grant to any such wife any or all the powers
above described, according as they shall judge the circum-
stances of such wife shall require.

And be it further enacted by the authority aforesaid,
ifsuchhus- that if any such husband should return into this Coramon-
remedyeshauiie wealth, while any contract made by his wife, pursuant to
against them. ^Q p0Wers aforesaid, should remain undischarged, the
same remedy shall lie against such husband, as if the con-
tract had been made by her before the marriage, & no
suit pending, wherein his wife shall be a party, pursuant
to the said powers, shall abate by his return into this
Commonwealth.

And be it further enacted by the authority aforesaid,
Notice of appii. that when application shall be made by any wife for any

cations, shall be „ » ,i c • i ,1 t a.' c j.1 • i

given. or all or the powers aforesaid, the Justices ot the said

Court, shall previous to their granting any of the powers
aforesaid, cause such public notice of the said application
to be given, as by Law they are directed in case of any
libel filed by any married woman for a Divorce.

November 21, 1787.

ACTS AND LAWS,

1787. — Chapter 33.

[February Session, ch. 1.]

Chaj). 33

AN ACT FOR THE PRESERVATION OF THE FISH CALLED ALE-
WIVES IN MATTAPOISET RIVER, IN ROCHESTER, IN THE
COUNTY OF PLYMOUTH, AND FOR THE REGULATING THE
TAKING THE SAID FISH, IN THE SAID RIVER.

Whereas the Law which was heretofore made for the Preamble.
preservation of the fish called Ale wives, in Mattapoiset
River, in the Town of Rochester, and for regulating the
talcing the said fish, in the said River, has been found
insufficient to answer the said purposes.

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, that the owner or owners of each &, every mill siuice ways, to
dam, on the said river, shall make, provide and continue
a sluice way of three feet wide, and eight inches deep, for
the said fish to pass their respective dams, as low as the
Selectmen of the said Rochester, shall judge convenient
for the said fish to pass in. And the Selectmen of the
said Town of Rochester, are hereby authorized on the
second Monday of April annually, to open the said sluice
ways, which when opened by them, shall remain open sluiceways,
until the twentieth day of May annually ; and the owner ^TecU&c.
or owners of any dam on the said river, who shall neglect
or refuse to make, provide & continue a sluice way as
aforesaid, or that after such sluice way is opened as afore-

GOO

1787. — Chapter 33.

Town of
Rochester to
choose Inspect-
ors, annually.

Their duty.

Forfeitures for
making obstrue.
tions.

Penalty, if any
person shall set
any seine, Jscc.

Forfeitures,
how recovered,
&c.

paid, shall shut or obstruct the same during the term the
said sluice way is to be kept open as aforesaid, shall for-
feit and pay the sum of Forty Pounds for each offence.

And be it further enacted, that the said Town of Roches-
ter, at their annual meeting for the choice of town Officers
in the months of March or April annually, are hereby
authorized to choose a Committee consisting of not more
than twelve, nor less than two suitable discreet persons,
for inspectors of the said River, whose duty it shall be
within four days after their appointment, to post up in
four public places in the said Town nearest the said Kiver,
a notitication under their hands or the major part of them,
pointing out the times when, and places where the said
Fish may be taken in the said River ; and if any person
shall pull down or deface such notification, he or she shall
for each offence forfeit and pay ten shillings; and if such
Committee shall neglect or refuse to post up such notifica-
tion within the said term of four days, such Committee
shall forfeit and pay ten shillings; and any person who
shall presume to take any of the said fish in the said River,
except at the times and places appointed by the said com-
mittee as .aforesaid, shall forfeit and pay three pounds for
each offence.

And be it further enacted, that if any person or persons,
shall make any wears, or any other obstruction to hinder
the passage of the said fish up the said River, each person
so offending shall forfeit & pay the sum of five pounds;
and any person, who shall take or catch any of the said
fish in the said River, with any other instrument than a
dip net, shall forfeit and pay Four Pounds for each offence.

And be it further enacted, that if any person shall set or
draw any sein, drag net or marsh net, in the said River,
or within the following bounds of the harbour adjoining
it, viz. beginning at the South westwardly end of the Island,
owned by the rev"? Mr. La Barron, & from thence to the
mouth of the creek which runs out of Barlow's Pond, (so
called) from and after the tenth day of April, to the twen-
tieth day of May annually, each person so offending, shall
forfeit and pay Ten Pounds.

And be it further enacted, that all the forfeitures men-
tioned in this Act, shall accrue to the said town of Roches-
ter, to be recovered by the Treasurer of the said town in
an action of debt in any Court proper to try the same, and
no person shall be considered as disqualified from giving

1787. — Chapter 34. G01

evidence in any such action on account of his living in or
being: an inhabitant of the said Town of Rochester.

And be it furl her enacted, that the agreement made &
entered into, between the said Town of Rochester, & the
owners of the lower dam, on the said River, with regard
to the premises, shall be good and valid in Law.

March 1, 1788.

1787. - Chapter 34.

[February Session, ch. 2.]
AN ACT FOR ANNEXING THAT PART OF THE TOWN OF SCITU-

ATE, COMMONLY CALLED THE TWO MILE, TO THE TOWN
OF MARSHFIELD.

Chap. 34

Whereas it appears to this Court convenient and reason- Preamble.
able, that the said Two Mile, should be set off from the
Town of Scituate, and annexed to the town o/" Marshfield :

Be it therefore enacted by the Senate and House of
Representatives , in General Court assembled, and by the
authority of the same, That the territory belonging to the Boundaries.
Town of Scituate, commonly called the Two Mile, bounded
westwardly by the North River, (so called) southwardly
by the Town of Pembroke, and northwardly and eastwardly
by the Town of 3/arshfield, together with the Inhabitants
thereon, be, & they are hereby seperated from the said
Town of Scituate, and annexed to the Town of Marshfield;
and shall forever hereafter, be considered as a part of, &
belonging to the said Town of Marshfield : Provided, that Proviso.
the Inhabitants of the said Two Mile be still held obliged
to pay their proportion of all the taxes which have been
already laid on the Town of Scituate; that the Inhabitants
of the said Two Mile, shall be still held obliged to pay
their rateable proportion of all debts due from the said
Town of Scituate to Individuals, and which were contracted
previously to the thirty first day of January, in the year
of our Lord, one thousand seven hundred and eighty
seven, in the same manner as if they had not been set off
from the Town of Scituate, in case the same shall be
apportioned by the Assessors of the Town of Scituate, on
the polls and estates of the said territory called the Two
Mile, according to law, within two years after the passing
of this Act, and that the said Inhabitants be exempted
from paying any part of the debts contracted by the
Town of Marshfield, previously to the passing of this

602 1787. — Chapter 35.

Act : Provided also, that the Inhabitants of the said Two
Mile, relinquish all their right, title and interest in and
to the common lands, of the Town of Scituate; and that
the said Inhabitants shall not be included or charged in
any future tax, for maintaining the poor of the Town of
Scituate.

And be it farther enacted by the authority aforesaid,
ho^assewed. that in all future taxes granted by this Commonwealth,
and assessed on the present valuation, the sum of five
shillings and sixpence, on each thousand pounds, be taken
from the Town of /Scituate, and added to the Town of
Marshfield. March 10, 1788.

1787. — Chapter 35.

[February Session, ch. 3.]

Chaj)

Preamble.

. 35

AN ACT TO PREVENT THE DESTRUCTION OF FISH CALLED SHAD
AND ALEWIVES, IN TEN AND THREE MILES RIVERS, IN THE
COUNTY OF BRISTOL.

Whereas it is necessary for the preservation of the fish
called Aleivives, in their passage vp the Rivers, called &
known by the names of ten mile & three mile river, in
the County of Bristol, that some further provision should
be made for the said purpose :

Be it therefore Enacted by the Senate & House of
Representatives in General Court assembled, and by the
I committee086 au^l0rii.'/ °f ^ie same, that the several Towns, through
annually. which the said ten and three mile Rivers run, shall be, &

they hereby are impowered & directed, in the month of
March or April annually, to chuse three or more per-
sons in each town respectively, being freeholders within
the same, as a Committee, who shall take an oath to the
Their power, faithful discharge of his or their duty, & the said Com-
mittee or the major part of them shall have power to
cause the natural course of the said streams through
which the said fish pass, to be kept open, and without
obstruction, and to remove all such obstructions as may
be found therein, & to make the passage ways wider or
deeper, if they shall find it necessary ; and the Commit-
tee, or a major part of them, shall have authority for such
purposes, to go on the land of any person, through which
the said ten & three mile rivers run, without being con-
sidered as a trespassor or trespassers, and any person,
who shall molest or hinder the said Committee or either

1787. — Chapter 36. 603

of them in the execution of the business of his or their
office, or who shall obstruct any passage way in the said
Rivers, otherwise than may be allowed by the said Com-
mittee, he or they shall forfeit and pay a fine not exceed-
ing the sum of fifteen pounds, nor less than five pounds.

And be it further Enacted, that the said Committee, or Empowered to
the major part of them, at any meeting by them duly oTs^ufcYwayl
notified, shall be, and hereby are authorized & impovvered
to open any dam or sluice way of any mill erected, or
that may be erected on, over or across the said Rivers, at
the expence of the owner or owners of such dam, provided Proviso.
such owner or owners shall neglect to open the same,
when they are required by the said Committee, & the said
dam or dams, or sluice way or ways, so opened, shall
continue open to such depth & width, & for such length
of time betwixt the first day of April, & last day of May
annually, as the major part of the said Committee shall
judge necessary ; and in case any person or persons shall ftrucltingfpra°.b"
be found to obstruct the passage ways allowed or ordered sage ways.
by the said Committee in any dam or sluice, such person
or persons so offending, shall forfeit and pay a fine, not
exceeding the sum of ten pounds, nor less than five
pounds.

And be it further Enacted, that all penalties incured Penalties how

recovered occ*

by a breach of this Act, may be sued for & recovered in
any Court in the County of Bristol, proper to try the
same, & all sums so recovered or forfeited by a breach
of this act, shall be appropriated, one moiety thereof to
the prosecutor or prosecutors, & the other moiety thereof
to the use of the poor in such town where the offence is
committed, & no person, by reason of his being one of
the said Committee, or an inhabitant of either of the said
towns, shall thereby be disqualified from being a witness
in any prosecution for a breach of this Act.

March 10, 1788.

1787. — Chapter 36.

[February Session, ch. 4.]

AN ACT GRANTING LIBERTY FOR TAKING THE FISH CALLED Chap. 36
MENHADEN, IN NEPONSET RIVER, WITH SEINS. 1 '

Whereas the public and individuals may derive great Preamble.
benefit by taking vrith seins the fish called Menhaden, in
Neponset River, after the first day of June, and without

604 1787. — Chapter 37.

any injury or obstruction to the fish called alewives, which
have done running before that time:

Be it therefore Enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, that any person or persons be here-
after permitted to take the fish called Menhaden, in Ne-
ponset River, with seins, after the first day of June in
each year, during the remainder of the season for fishing ;
any law to the contrary notwithstanding.

March 10, 1788.

1787. — Chapter 37.

[February Session, ch. 5.]

Char) 37 AN ACT EMP0WERTNG THE town of weymoutu to regu-

*' LATE AND ORDER THE TAKING AND DISPOSING OF THE FISH

CALLED SHAD AND ALEWIVES, WITHIN THE LIMITS OF THAT
TOWN.

Preamble. Whereas the Town of Weymouth, in the County of

Suffolk, hath been at considerable expence & charge, in
purchasing and opening a passage for the Fish called
Shad & Alewives, from the sea into the ponds called
Whitman's Pond & Great Pond, being wholly within
the bounds of the said Town, it is but reasonable and just,
that the ordering of the taking of the said Fish, and the
disposition of them when taken, shoidd be wholly vested in
the said Town:

And whereas an Act heretofore made for that purpose,
has some time since expired : Therefore,

Be it Enacted by the Senate and House of Representa-
tives in General Court assembled, & by the authority of
TownofWey- the same, that it shall & may be lawful for the inhabitants
[ermine an/or- of the said Town of Weymouth, at a meeting regularly
bwmeV&e6^ assembled for that purpose, from time to time, & at all
taking fish. times hereafter, to determine & order how, in what man-
ner, by whom, what place or places, time or times in the
year, the said fish may be taken within the Town affo re-
said, and shall cause a copy of such order, attested by the
Town Clerk, to be posted up in some public place in the
said Town, whereunto all persons shall conform with re-
spect to the taking & disposing of the said Fish, on pen-
alty, that the offender against the same, shall forfeit &
pay a sum, not exceeding forty shillings, nor less than
thirty shillings for each offence, at the discretion of the
Justice before whom the same shall be tryed :

1787. — Chapter 37. 605

Provided nevertheless, That the said Town of Wey- Proviso.
mouth, shall not give permission to, or authorize any per-
son or persons, to take, kill, or haul ashore, any of the
said fish, with seines or drag nets. And whoever shall at
any time hereafter, presume to take, kill or haul ashore,
any of the said fish with seines or drag nets, in either of
the ponds aforementioned, or in Weymouth back river, so
eallcd, or in the River, Streams or Brooks, through which
the said fish pass into the said ponds, or shall with seines
or drag nets, or in any other way obstruct their passage
to or from the said ponds, or either of them, in all and
every of these cases, the offender shall for each offence,
forfeit and pay the sum of jive pounds.

Provided also, the said- Town of Weymouth do ap- Town of wey.
point one or more meet person or persons to fish for, or ™00intV-™ons to
otherwise supply for family use, the neighbouring Towns pfy ihe'neigh°p"
with the said fish, that may be taken at the fishing place bouring towns,
or places appointed by the Said town, during the usual
season, and give public notice, on or before the first day
of May annually, of time, place, person or persons, by
whom they are to be supplied, & for such fish so supplied
& delivered, that the said town of Weymouth, or those
employed by them, shall demand or receive no more than
one fifth of a dollar per hundred for Alewives, & twelve
shillings per hundred for Shad ; & so in proportion for a
greater or lesser quantity ; & in case the person or per-
sons appointed for the purpose aforesaid, shall neglect or
refuse that service, upon application of any two or more
persons aggrieved, to any two Justices in the neighbour-
ing towns, such Justices may appoint one or more meet
persons therefor, who shall be subject to the general order
of the said Town of Weymouth, respecting the fishing
aforesaid, and who shall give sufficient security, to the
acceptance of the said Justices, to render and pay unto
the Treasurer of the said town, or to such Committee as
may be appointed by the said town, for taking care of the
said fishery, the full produce of his or their fishing & sup-
plies at the rates aforesaid, after a reasonable deduction
made & allowed at the discretion of the said Justices, to
such person or persons, for his or their time & labor
therein.

And be it further Enacted, that the Treasurer of the Forfeitures, how
said Town of Weymouth, may from time to time, sue for app°iled?d aad
& recover all fines or forfeitures which may be incurred

606

1^87. — Chapter 38.

by any breach of this Act, in any Court proper to try the
same, & such forfeitures shall be to the use of the said
town, saving where information shall be given, the in-
former, on conviction of the Offender, shall be intitled to
one third part of the forfeitures ; & no person shall be
considered as disqualified from being an evidence on any
tryal that may be had, pursuant to this Act, on account
of his belonging to, or being an inhabitant of the said
Town of Weymouth. March 10, 1788.

Chap. 38

Preamble.

Inhabitants in-
corporated.

1787. — Chapter 38.

[February Session, ch. 6 ]

AN ACT FOR INCORPORATING A NUMBER OF THE INHABITANTS
OF THE TOWN OF PORTLAND, IN THE COUNTY OF CUMBER-
LAND, INTO A DISTINCT AND SEPERATE RELIGIOUS SOCIETY.

Whereas a number of the inhabitants of the town of
Portland, belonging to lite Parish or religious society,
whereof the rev? Thomas Smith, and Samuel Dean are
pastors, have petitioned this Court to be incorporated, for
the reasons expressed in their petition, and it appearing to
this Court reasonable, that the prayer thereof should be
granted:

Be it therefore enacted by the Senate and House of
Representatives in General Court assembled , and by the
authority of the same, that Joseph McLellan, Thomas
Sandford, John Fox, Joseph Ingraham, John Bagley,
John Thrasher, Abner Lowell, Joshua Robinson, Abner
Bagley, Enoch Moody, Abraham Stevens, George War-
ren, Abijah Poole, John Dole, Nathaniel Morse, George
Lowther, Thomas Cammet, Hugh McLellan, Daniel
Tucker, William Moody, Stephen Tuckey, Appollos dish-
ing, Samuel Goodwin, James Jewett, Eliphulet Morse,
junr. Daniel Cobb, Alexander Barr, Thomas Webster,
Thomas Hopkins, John Scott, Benjamin Moody, Charles
Hossack, Lemuel Weeks, Eliphalet Dean, John Emmons,
Enoch Morse, William McLellan, Rowland Davis, James
Deering, Henry Dinsdale, Moses Brazier, James Jordan,
Josiah Tucker, Francis Chase, Abraham Beeman, Sam-
uel Hodgkins, Joseph McLellan, junr- William Bond, Ste-
phen Thomas, Wimond Bradbury, Daniel Mussey, John
Baker, Caleb Aspinwall, William Jenks, Joseph Jewett,
Jonathan Swett, William Brown, John Lowell, and Asa
Plummer, the petitioners, & members of the said religious

1787. — Chapter 39. 607

society, together with their polls and estates, be, and
hereby are incorporated into a religious society, by the
name of the second parish in the town of Portland, with
all the privileges, powers & immunities which any parish
in this Commonwealth is intitled to by Law.

Provided nevertheless, That the said second society, shall p'°™<>.
pay to the rev1! Thomas Smith, one quarter part of the
sum, that the first parish shall vote annually for his
support, and the said second parish is hereby directed, and
authorized, to assess and raise the same, in such way as
they ma}' hereafter see fit, & the said first parish is hereby
discharged from assessing or paying of the said quarter
part of the sum, that they shall so vote: provided also,
that the said second parish, shall pay their full proportion
of arrearages, heretofore assessed by the said first parish,
and also quit their right to the parish property, reserving
however' to themselves, their pews in the meeting-house
of the first Parish.

And be it further Enacted by the authority aforesaid,
that Daniel Davis, esqr be, & hereby is authorized to Daniel Davis,
issue his warrant, directed to some principal member of meetin°g?a
the said society, requiring him to warn the members of
the said society, qualified to vote in parish affairs, to
assemble at some suitable time & place in the said town,
to chuse such parish officers, as are by Law required to
be chosen in the months of March or April, annually, &
to transact all matters and things necessary to be done in
the said society. March 17, 1788.

1787. — Chapter 39.

[February Session, ch. 7.]

AN ACT IN ADDITION TO AN ACT, INTITLED, "AN ACT IN ADDI- QhaT) 39
TION TO AN ACT, PROVIDING FOR THE PAYMENT OF COSTS IN *

CRIMINAL SUITS."

Whereas in the aforesaid Acts, no provision is made for Preamble.
the payment of Costs that often necessarily arise in the
prosecution of Criminal offenders:

Be it therefore Enacted by the Senate & Hous2 of Repre-
sentatives, in General Court Assembled, <& by the author-
ity of the same f That in cases where costs have already Payment of
arisen or may hereafter necessarily arise in the prosecution C08t9-Pr0Vlded'
of Criminal offenders, & no provision has already been
made by Law for the payment thereof ; in every such case

608

1787. — Chapter 40.

the Justices of the several Courts of General Sessions of
the Peace, in the respective Counties in this Common-
wealth, may examine & allow accounts of such necessary
costs as have arisen or may arise within their respective
Counties, for Witnesses, officers & others concerned in
such prosecution, as the case shall appear to require, not
exceeding the fees that are or may by law be stated,
except in cases otherwise provided for by Law. And
such accounts when so allowed, shall be paid in the
manner directed & ordered in the before recited Acts.

March 18, 1788.

Chap. 40

Preamble.

Penalty for
neglect of duty
in Sheriffs.

Penalty for
neglect in Select-
men and Town
Clerks.

1787. — Chapter 40.

[February Session, cb. 8.]

AN ACT TO PREVENT NEGLECT IN SHERIFFS, SELECTMEN AND
TOWN CLERKS RESPECTIVELY, IN NOT CALLING AND PRESID-
ING AT TOWN MEETINGS, RECEIVING AND RETURNING THE
VOTES FOR GOVERNOR, LIEUTENANT GOVERNOR, SENATORS
AND COUNSELLORS, AS IS POINTED OUT BY THE CONSTITU-
TION OF THIS COMMONWEALTH.

Whereas certain duties are by the Constitution of this
Commonwealth required of the Sheriffs, Selectmen, & Town
Clerks respectively, in calling & 'presiding at Toirn Meet-
ings, for the choice of Governor, Lieutenant Governor,
Senators <& Counsellors, & in receiving and returning the
Voles for such Officers into the Secretary's Office, but no
penalty is by law provided, ivhere the Sheriffs, Selectmen
& town Clerks shall <& do neglect or refuse to perform the
duties respectively required of them, by the Constitution :

Be it therefore Enacted by the Senate & House of Repre-
sentatives in General Court assembled, & by the authority
of the same, that the Sheriff of any County, who shall
neglect or refuse to make seasonable return agreeably to
the Constitution, into the Secretary's Office of this Com-
monwealth, of all such votes for Governor, Lieutenant
Governor, Senators & Counsellors, as he shall receive, or
shall otherwise neglect his duty in the premises, shall for
each & every offence forfeit & pay the sum of fifty pounds.

And be it further Enacted, that each and every Select-
man & Town Clerk, who shall neglect & refuse to do c£
perform the several duties required of them by the Con-
stitution, respecting the choice of Governor, Lieutenant
Governor, Senators & Counsellors, and returning the

1787. — Chapter 41. 009

votes for the same, shall for each & every offence, forfeit
and pay the sum of ten pounds.

And be it further Unacted by the Authority aforesaid,
that it shall be the duty of the Attorney General to sue How recovered,
for, & recover all such fines & forfeitures as shall be
incurred by a breach of this Act, for the use of this Com-
monwealth. March 18, 178S.

1787. — Chapter 41.

[February Session, ch. 9.]

AN ACT FOR INCORPORATING A CONGREGATIONAL SOCIETY IN QhaV <$.\
THE TOWN OF NEW SALEM, AND FOR REPEALING AN ACT -* *

HERETOFORE MADE FOR THAT PURPOSE.

Whereas an Act passed in the year of our Lord one Preamble.
thousand seven hundred and eighty two, intitled " An Act
to incorporate the Committee of the Congregational Church
and Society in the Town of New Salem, for certain
purposes," has been found inadequate for the purposes
therein intended.

And whereas the Members of the said Church, and the
Inhabitants of the said Town, have supplicated this Court,
that the said Act may be repealed, and have petitioned that
the said Inhabitants may be incorporated into a Parish.

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 the said Act, and every Clause of the Former act re
same, be, and is hereby repealed and declared null and pealtd
void, and that all donations, subscriptions, and other
securities, forming the fund of Eight hundred pounds, in
the said Act specified, shall revert and be paid back to
the respective subscribers and Donors, on condition nev-
ertheless, that they and each of such subscribers and.
others, indebted to the said fund by specialtie, pay all
interest due thereon,* until the day of passing this Act,

And be it further enacted by the authority aforesaid ,
that the Inhabitants of the said Town, not before set off society incor-
and annexed to the east Parish of Pelliam, be, and they por
hereby are incorporated into a Parish by the name of the
Congregational Society, in the Town of New Salem, & .
hereby are invested with all the powers, privileges and
immunities that Precincts or Parishes within this Com-
monwealth do or may enjoy.

610

1787. — Chapter 42.

What inhabi-
tants shall be
deemed to be-
long to said
society.

Proviso.

Daniel Shaw,
Esq. to call a
meeting.

And that it may be known at any time, who of the
Inhabitants of the said Town belong to the said Parish :

Be it enacted by the authority aforesaid, that all those
inhabitants of the said town of New Salem, who usually
attend public worship, with the aforesaid society, with
whom the Reverend, Joel Foster now officiates, shall be
deemed and taken to belong to the said Parish, to all
intents and purposes, until they shall signify in writing
under their hands to the Clerk of the said Town, their
intention to attend public worship with some other re-
ligious Society.

Provided nevertheless, that all Parishoners so remov-
ing, shall signify the same as above, within two years from
the date of this Act ; and shall be held to pay all arrears
of taxes legally assessed on them by the said Parish before
their removal.

And be it further enacted by the authority aforesaid,
that Daniel Shaw, Esquire be, & hereby is authorized
and directed to issue his warrant within two months from
the passing this Act, directed to some principal inhabitant
belonging to the said Parish, requiring him to give notice
to the inhabitants of the Parish aforesaid, qualified to vote
in Parish affairs, to assemble at some suitable time and
place in the said Parish, to choose all such Officers as
Parishes are by Law required to choose annually, and to
transact such other matters and business, as is necessary
to be done in the said Parish. March 18, 1788.

Chap. 42

Preamble.

1787. — Chapter 42.

[February Session, ch. 10.]

AN ACT IN ADDITION TO AND FOR EXPLAINING AN ACT PASSED
IN THE YEAR OF OUR LORD, ONE THOUSAND SEVEN HUN-
DRED AND EIGHTY SEVEN, ENTITLED, '< AN ACT FOR REGU-
LATING THE PROCEEDINGS ON PROBATE BONDS, IN THE
COURTS OF COMMON LAW; AND DIRECTING THEIR FORM
IN THE SUPREME COURT OF PROBATE."

Whereas it is required by the aforesaid Act, that Guar-
dians shall give bond to the Judge of Probate, with suffi-
cient sureties for the faithful discharge of their (rust; and
in order to carry into effect the good purposes thereof, it is
sufficient (hat such sureties shall be liable to satisfy the
judgment which may be rendered upon such bond, so far
only as the estate of the Guardian shall prove deficient, and
it is unreasonable that sureties shall be compelled to satisfy

1787.— Chapter 42. 611

executions awarded upon judgments rendered upon such
bonds, so long as the principal hath estate to satisfy the
same, and it may tend to the great inconvenience of Guar-
dians to procure sureties, and also to multiply law suits:
Therefore

'Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, that when any such bond shall be put in suit when bonds

J /. r~\ t l j.1 f hall be put in

against any person as surety tor a Guardian, and the suit against any
Guardian shall not be a party to the suit, or that no ser- surety for a
vice shall be made upon him, the surety who may be JSSXtagBta*"
defendant, shall have a right at the Supreme Judicial 9UCh cases-
Court to which the cause may be carried, to demand oyer
of the bond sued ; and upon the motion of the defendant
the said Court shall order a notification to be issued
(attested by the Clerk, and returnable to the said Court
at the next term to be holden in the same County) to the
Guardian, and if the defendant shall desire it, to the other
surety, who hath subscribed the bond, to appear at the
said Court, and to join with the said defendant in answer-
ing the said action, and the cause shall be continued to
the next term of the said Court, to be holden in the same
County, and if it shall appear by the return of the Sheriff
or other proper Officer, that the person or persons, for
whom the said notification was directed to issue, hath or
have been duly served with an attested copy of the writ,
and the notification, or otherwise by reading the same,
fourteen days at least before the sitting of the Court to
which the same is returnable, the person or persons so
notified, shall be considered as defendant or defendants,
and the same proceedings and judgment shall be had
thereon, as though the said person or persons so notified,
had been originally named in the writ and duly served
therewith.

And be it further enacted, that when execution shall be Manner of pro-

•ii .1 j i • i ii /v ceedinu. when

awarded upon any judgment which may be hereafter ren- execution shaii
dered upon such bond against a Guardian and his sureties, beawarded-
it shall be expressed in every such execution, that

is Guardian & are sureties. And

it shall be lawful for such surety or sureties to shew to the
Officer who may have the execution, any estate which may
be lawfully taken belonging to such Guardian, to satisfy
the same, in whole or in part ; and in such cases the
sureties shall not be chargeable with the payment of such

Proviso.

G12 1787. — Chapter 43.

execution, unless the estate of the Guardian so shewn shall
prove insufficient ; and then only for the residue or sum
which shall be deficient.

And in order that the estates of the said sureties may
be held finally to respond the judgment as aforesaid :
howiS'" Be il further enacted, That all attachments upon the
continue in estates of such surety or sureties shall continue in force
for the term of six months after judgment shall be ren-
dered, unless the said judgment shall be sooner satisfied.
notrbeeheldato And whereas it is reasonable that sureties should not be
answer tor fail. iie}j to answer for such Guardians for failure in their

ure in guardians ,

after the expira- trust, atter the expiration ot the term ot their trust, &

tion of the term n . ,. /. ,. -,. , -. ,.

of their trust, ot a convenient time tor the adjustment and recovery ot
the sums due upon such bonds : Therefore

Be it further enacted, that no surety shall be held to
answer to any action which shall be commenced against
him, after the expiration of the term of two years from the
time that the minor under the custody of such Guardian
shall have arrived to full age, or that the term of such
Guardianship shall have otherwise expired.

Provided nevertheless, and be it further enacted by the
authority aforesaid, that in all cases where it shall be
made to appear to the satisfaction of the Judge of Probate,
that any such minor or minors are out of the Common-
wealth at the time they shall arrive to the age of twenty
one years ; having no lawful agent or attorney to repre-
sent him or them (as the case may be) in every such case
the Guardian or Guardians of such minors shall not be
held to settle their accounts within the time limited by
this Act, and the Judge of Probate is hereby impowered
to allow such further time for settling the said accounts
as he shall judge circumstances may require.

March 18, 1788.

1787. — Chapter 43.

[February Session, ch. 12.]

fij ao AN ACT FOR INCORPORATING THE PLANTATION OF NEW

Vfiap. 4tO WORCESTER, SO CALLED, OR No. 9, IN THE COUNTY OF LIN-

COLN, INTO A TOWN BY THE NAME OF ORRINGTON.

Preamble. WJiereas the inhabitants of New Worcester, have rep-

resented to the General Court, that they labor under many
inconveniences in their Present unincorporated state, and
are desirous of being incorporated into a Town.

1787. — Chapter 44. G13

Be it Enacted by the Senate & House of Representa-
tives, in General Court assembled, & by the authority of
the same, that the Plantation called New Worcester , & in- Boundaries.
eluded within the boundaries hereafter described, together
with the inhabitants thereof, be, & they are hereby in-
corporated into a Town by the name of Orrington, begin-
ing on the east side of Penobscot River, at the north west
corner of No. I, or Buckstown ; thence riming on the
north lines of the said No. I, and of Township No. VIII,
north seventy degrees east, five miles and one hundred
and eighty four rods ; thence south forty eight degrees
east, three miles ; thence north forty two degrees east, six
miles ; thence north forty eight degrees west, six miles,
on the south line of No. X, to Penobscot River; thence
down the said River, to the bounds first mentioned, con-
taining thirty seven thousand three hundred & seven
acres, agreeably to a plan taken by Mr. Barnabas Dodge,
reserving however three acres at the north west corner of
the tract included in the above lines, which since the sur-
vey, has been set off to No. X, or Colonel Eddy's Town-
ship, for a landing place : & the said Town is hereby
vested with all the powers, priviledges & immunities which
other Towns in this Commonwealth by law do, or may
enjoy.

And be it further Enacted, that Simeon Foioler, Esqr. §?sme°n cFf1™,er'
of the said place, be, and he hereby is empowered to meeting.
issue his Warrant directed to some principal inhabitant of
the said Town, requiring him to notify the inhabitants
thereof, to meet at such time and place, as he shall therein
appoint, to chuse all such Officers, as Towns are by law
required to chuse at their annua] town-meetings, in the
month of March or April. March 21, 1788.

1787. — Chapter 44.

[February Session, ch. 13.]

AN ACT TO REVIVE AN ACT INTITLED " AN ACT, GRANTING CER- fl],nn A A
TAIN PRIVILEGES TO THE PROPRIETORS OF THE SLITTING K-/,laP' "
MILL, IN THE TOWN OF TAUNTON, IN THE COUNTY OF BRIS-
TOL.

Whereas the said Act expired on the second day of
March instant, & it is expedient that the same should be
revived:

Be it Enacted by the Senate & House of Representa-

614

1787. — Chapters 45, 4G.

tives in General Court assembled, and by the authority of
the same, that the said Act, be, and the same is hereby
revived, and shall continue in force, till further order of
the General Court. March 21, 1788.

Chap. 45

Boundaries.

John Merril,
Esq. to call a
meeting.

1787. — Chapter 45.

[February Session, ch. 14.]

AN ACT TO INCORPORATE THE INHABITANTS OF A PLANTATION
KNOWN BY THE NAME OF WEST BOWDOINHAM, IN THE
COUNTY OF LINCOLN, INTO A TOWN BY THE NAME OF BOW-
DO IN.

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, that the plantation of West Bowdoinham, be-
ginning at the south west corner of Bowdoinham, and
running west north west ten miles, then north north east,
eight miles, then east south east ten miles to Bowdoin-
ham line, and south south west, eight miles, to the first
mentioned bounds, be, and hereby is incorporated into a
town by the name of Bowdoin, with all the powers, priv-
ileges & immunities that Towns within this Common-
wealth have or do enjoy.

And be it enacted by the authority aforesaid, that John
Merrill, Esqr. be, and hereby is empowered to issue his
warrant directed to some principal inhabitant of the Town
of Bowdoin, qualified as the law directs, to assemble and
meet at some suitable time and place in the said Town,
and chuse such officer or officers as Towns by law are em-
powered to chuse at their annual meeting in the month of
March or April. March 21, 1788.

Chap, 46

1787. — Chapter 46.

[February Session, ch. 15.]

AN ACT TO ANNEX CERTAIN LAND HEREAFTER DESCRIBED, TO
THE TOWN OF CUMMINGTON.

Be it enacted by the Senate .& House of Representa-
tives in General Court assembled, & by the authority of
the same, That the Gore of Land lately sold b}r the Com-
monwealth, of two thousand & two hundred acres, also a
Grant known b}r the name of Murrayfield Grant, of twelve
hundred acres, also a grant known by the name of MinoCs
Grant, containing three hundred acres, the said several

1787. — Chapters 47, 48. 615

tracts include all the unincorporated Lands between the
towns of Chesterfield, Ashfield, Oummington & Goshen,
which lie on the Easterly end of, & are adjoining to Cum-
mington, together with the inhabitants thereof, be, &
hereby are annexed to the town of Oummington, & the
said inhabitants shall do duty & receive privileges equal
to other inhabitants of the said Town. March 21, 1788.

1787. — Chapter 47.

[February Session, ch. 16.]

AN ACT FOR SETTING OFF NATHANIEL KINGSBURY, AN INHAB- (Jh<W. 47
ITANT OF THE FIRST PARISH IN DEDHAM, IN THE COUNTY ■* '

OF SUFFOLK, AND ANNEXING HIM, AND HIS ESTATE, TO THE
THIRD PARISH IN THE SAID DEDHAM.

Whereas Nathaniel Kingsbury, living within the first Preamble.
Parish in Dedhara, in the County of Suffolk, hath repre-
sented to this Court, that it is very inconvenient for him
to attend the public worship of God in the said first Par-
ish, and praying that he may be annexed to the third
Parish in the said Dedham ; <i* it appearing that the said
Parishes have severally agreed thereto,

Be it therefore Enacted by the Senate & House of Rep-
resentatives in General Court assembled, & by the author-
ity of the same, that Nathaniel Kingsbury , & his estate, Enacting clause.
belonging to the said first Parish, be, and hereby is set
off from the first Parish, and annexed to the third Parish
in Dedham, and shall forever hereafter be considered as
belonging to, & making part of the same.

March 21, 1788.

1787. — Chapter 48.

[February Session, ch. 11.]

AN ACT TO PREVENT THE SLAVE TRADE, AND FOR GRANTING C}haV 48
RELIEF TO THE FAMILIES OF SUCH UNHAPPY PERSONS AS *'

MAY BE KIDNAPPED OR DECOYED AWAY FROM THIS COM-
MONWEALTH.

Whereas by the African trade for slaves, the lives & Preamble.
liberties of many innocent persons have been from time to
time sacrificed to the lust of gain:

And whereas some persons residing in this Common-
wealth may be so regardless of the rights of human kind,
as to be concerned in that unrighteous commerce.

616 1787. — Chapter 48.

Be it therefore enacted by the Senate and House of Rep-
resentatives in General Court assembled, & by the authority
Penalty for of the same, that no Citizen of this Commonwealth, or

importing or *> ,,, , , ,, c , . ■■/.

transporting, other person residing within the same, shall tor himself,
Biavesf&c!6 'g or any other person whatsoever, either as master, factor,
supercargo, owner or hirerer, in whole or in part, of any
vessel, directly or indirectly, import or transport, or buy
or sell, or receive on board, his or their vessel, with
intent to cause to be imported or transported, any of the
inhabitants of any State or Kingdom, in that part of the
world called Africa, as slaves, or as servants for term of
years ; and that every Citizen, inhabitant or resident as
aforesaid, who shall directly or indirectly, receive on
board his or their vessel with intent to import or trans-
port, or cause to be imported or transported, any of the
said inhabitants of Africa, contrary to the true intent and
meaning of this Act, and be thereof lawfully convicted,
Penalty for fit- sniu forfeit and pay the sum of Fifty Pounds, for every

ting out vessels , . 1 1 • 1 • j. i.

fur such pur- person by him or them so received on board, with intent
to be imported or transported ; & the sum of Two hun-
dred pounds for every vessel fitted out with intent to, &
that actually shall be employed in the importation or
transportation aforesaid, to be recovered by action of
debt, in any Court within this Commonwealth, proper to
try the same ; the one moiety thereof to the use of this
Commonwealth, & the other moiety to the person who
shall prosecute for & recover the same.

And it is further Enacted by the authority aforesaid,

insurance made ^hat all insurance which shall be made within this State,

upon vessels • 1 • • <»

fitted out fonhe on {iny vessel fitted out with intention as aforesaid, <&,
shaii be void, having on board slaves in order to be transported from
Africa as aforesaid, or upon any slaves so shipped on
board of any vessel for transportation, shall be void, &
of no effect ; and this Act, may be given in evidence
under the general issue, in any suit or action commenced
for the recovery of insurance so made.
preamble. ^nd \yhereas divers peaceable inhabitants of this Com-

monwealth, or residents therein, have been privately
carried off by force, or decoyed away under various pre-
tences, by evil minded persons, & with a probable inten-
tion of being sold as slaves without the same ; and altho
sufficient provision is made for public justice, in such
case, by the common law, & an Act entitled, "An Act
establishing the right to & the form of the writ de homine

1787. — Chapter 48. 617

replegiando" yet no provision is made for bringing actions
for damages by the friends or families of any inhabitant
who may be so carried off*, or decoyed away during his or
her life time :

Be it therefore Enacted by the authority aforesaid, that fJ^XXt
when any inhabitant or resident of this Commonwealth Hants, or resi-

i iv i i i ii i i r 1 dents, as may

shall be so carried on or decoyed away, it shall be lawtul be kidnapped or
for any friend of such injured inhabitant or resident, to
bring forward & prosecute to final judgment & execution,
before any Court of Law proper to try the same, any
action for damages against any person concerned in decoy-
ing or carrying off such inhabitant or resident, in the name
of such inhabitant or resident & in the same manner, & to
the same effect, as if thereunto fully authorized by letter
of attorney from such inhabitant or resident for that pur-
pose.

Provided nevertheless, such friend, prosecuting as afore- Proviso,
said, shall first give to the Judge of Probate for the County
wherein such injured party last dwelt, good & sufficient
bond with sureties to the satisfaction of such Judge of
Probate, conditioned that such prosecutor shall pay the
monies that he may recover in damages as aforesaid, to
the said injured party, on his or her return to this Com-
monwealth, if that shall happen by the time when such
execution is satisfied, & if not, shall apply such monies
to the use & maintenance of the wife, children or family
of the injured party, in proportion, at such periods, & in
such way & manner as the said Judge shall decree, best
for the interest of such wife, children or family, in the
absence of such injured party :

Provided also, And be it further Enacted, That in case Further proviso.
the defendant who shall be prosecuted as is provided in &
by this act, shall be acquitted by the Court before whom
the trial may be, the said Court shall not only render up
judgment for legal costs, but for such reasonable damages
as the said defendant hath sustained by such prosecution :

Provided also, that this Act do not extend to vessels
which have already failed, their owners, factors, or com-
manders, for & during their present voyage, or to any
insurance that shall have been made, previous to the pass-
ing of the same. March 26, 1788.

618

1787. — Chapters 49, 50.

Chap

Preamble.

Clause altered.

1787. — Chapter 49.

[February Session, ch. 17.]

. 49 AN ACT FOR ALTERING A CERTAIN CLAUSE IN AN ACT, INTITLED,
"AN ACT TO PREVENT THE DESTRUCTION OF SALMON, SHAD
AND ALEWIVES AND OTHER FISH, IN AG AW AM OR WEST-
FIELD-RIVER."

Whereas by the said Act no person or persons are
allowed to catch any Salmon, Shad or Alewives, tvith
Seines, Nets, Pots, or in any other way within two miles
of tlie entrance of the said River into Connecticut River,
nor in Connecticut River, within half a mile south, or forty
rods north of the mouth or entrance of the said Agawam
into Connecticut River:

Be it Enacted by the Senate & House of Represen'atives
in General Court assembled, <& by the auhority of the same,
that the clause in the said Act, respecting catching fish in
Connecticut River, be, and the same is hereby so far
altered and repealed, as that any person or persons, m.'iy
catch fish in Connecticut River, with Seines, Nets, Pots,
or in any other way or place, excepting within one hun-
dred rods directly south of the entrance of the said
Agawam into Connecticut River; any thing in the said
Act to the contrary notwithstanding. March 26, 1788.

Chap. 50

1787. — Chapter 50.

[February Session, ch. 18.]

AN ACT IN ADDITION TO AN ACT PASSED MARCH THE SIX-
TEENTH, IN THE YEAR OF OUR LORD ONE THOUSAND SEVEN
HUNDRED AND EIGHTY SIX, INTITLED, "AN ACT FOR THE
CHOICE AND APPOINTMENT OF COLLECTORS OF RAPES AND
TAXES, AND FOR ASCERTAINING THEIR POWER AND DUTY."

Preamble.

Whereas it often happens that persons taxed in public
and other assessments abscond, not having paid their rates
and taxes, by which means the said taxes are frequently
lost, and no provision being made in the said Act for remedy
thereof.

Be it enacted by the Senate and House of Representatives
in General Court assembled, <& by the authority of the same,
Enacting clause, ^hjit when any person duly taxed in any assessment as
aforesaid, hath absconded or shall hereafter abscond, not
having paid their rates and taxes, and hath concealed or
shall conceal his goods £ estates, in every such case the

1787. — Chapter 51. 619

Collectors and Constables to whom the said rates and taxes
are committed to collect, shall have like remedy against their
agents, factors or trustees, for the recovery of the same,
as by the Laws of this Commonwealth, other creditors
have for the recovery of their debts. March 26, 1788.

Chap. 51

1787. — Chapter 51.

[February Session, ch. 19.]

AN ACT IN ADDITION TO AN ACT PASSED JULY SECOND, ONE
THOUSAND SEVEN HUNDRED AND EIGHTY FIVE, ENTITLED,
"AN ACT FOR REPEALING A LAW OF THIS COMMONWEALTH,
ENTITLED, " AN ACT IMPOSING DUTIES ON LICENCED VELLUM,
PARCHMENT AND PAPER, AND FOR IMPOSING OTHER DUTIES
ON CERTAIN PAPERS, COMMISSIONS, INSTRUMENTS AND
PROCESSES."

Whereas by the said Act certain duties are laid on Preamble.
Policies of Insurance, Charter Parties, and Dills of Lo<i<l-
i/t</, hut no sufficient provision has hitherto been made for
enforcing the payment thereof:

Be it enacted by the Senate and House of Representatins
in General Court assembled, and by the authority of the
same, that from and after the first day of May next, every clause respect-
Policy of Insurance, Charter Party, and Bill of Loading, £*upr°"^char-
which shall not be signed by a Naval Officer as provided ^r,PalPt!es',aud

o J « bills of loading.

by law, shall be utterly void and of no effect whatever.
And if any Insurance Officer or other person shall fill any
Policy, or if any Master of any Vessel or any Person in
his stead, shall sign any Bill of Loading, which Policy,
Charter Party, or Bill of Loading shall not be previously
signed by some one of the Naval Officers of this Common-
wealth, each and every one thus offending, shall forfeit
and pay a fine of ten pounds, for each offence, to be sued
for and recovered by any citizen of this Commonwealth,
in any Court proper to try the same ; and two thirds of
all fines, so recovered, shall be to the use of the prose-
cutor, the other third to the use of this Commonwealth,
to be appropriated as hereafter directed.

Be it further enacted, that all monies which have arisen Duties shaii be
or may arise by virtue of this Act, or the Act to which *,aidmsPecie-
this is an addition, not already paid into the Treasury,
shall be paid in specie.

And be it enacted, that all monies arising from the duties Howappropri-
imposed by the Act to which this is an addition, & from atecL
all penalties enuring to this Commonwealth, from a breach

G20 1787. — Chapteu 52.

of the same, or from this Act, be and they are hereby
appropriated to the payment of the Judges of the Supreme
Judicial Court, so far as shall be necessary for that pur-
pose.

And be it further enacted by the authority aforesaid,
act?r%ei°e™er ^na* so much of the said Act, to which this is an addition,
which respects a duty on advertisements in News Papers,
a duty on Writs and Executions, and a forfeiture of six
sJtillings for not recording a deed within six months from
the time of making the same, be and hereby is repealed.

Provided nevertheless, that the duties already incurred
shall be paid within three months from the passing of this
Act. March 26, 1788.

1787. — Chapter 52.

[February Session, ch. 20.]

Chav 52 AN ACT IN ADDITI0N T0> AND IN explanation of an act,

^ * ENTITLED "AN ACT TO INCORPORATE THE SOUTH PARISH

OF THE TOWN OF BOLTON, TOGETHER WITH DAVID TAYLOR,
SILAS CARLEY, JOB STAFFORD AND JOHN BRIGHAM, IN-
HABITANTS OF MARLBOROUGH, WITH THEIR ESTATES, INTO
A DISTRICT BY THE NAME OF BERLIN."

Preamble. Whereas previous to the incorporation of the District of

Berlin, the inhabitants of the Town of Bolton, did by vote,
agree among other things, that on the incorporation of the
said Parish, that corporation should take their proportion
of the poor that might lie on the Town of Bolton at the time
of the said incorporation; and if it should, so happen, that
after such incorporation, any poor persons should be brought
back to the same town for maintainance, they should be
maintained by that part of the town, whereof they were
inhabitants, when they removed from the same town; yet
the Act for incorporating Berlin, hath not been made com-
pleat provision in all cases inspecting the said poor, and
the suits and controversies that have and may hereafter
happen concerning them: Therefore

Be it enacted by the Senate and House of Rejiveseufutives

in Genend Court assembled, and by the authority of the

Mi8thCu\bfBer" same, that the District of Berlin, shall be chargeable, not

chargeable with only with their proportionable part of the expence of sup-

expeuce'of'sup.6 porting the poor belonging to the said Town of Bolton,

porting the poor prevjolls ^o the time when Berlin was incorporated, but

also their proportionable part of all the expence of any

suit or process which the Town of Bolton, have been put

to, respecting any poor person who belonged to the said

Town of Bolton previous to the time of the said incorpora-

1787. — Chapter 52. 021

tion. And if the said Town of Bolton, has been put to
any expence, since the said incorporation, for the necessary
support of any person, who, at the time of their last
removal from Bolton, previous to the said incorporation,
was an inhabitant in that part of the said Town of Bolton,
that is now Berlin, the District of Berlin shall pay to the
said Town of Bolton the said expence to which they have
been so put.

Provided always, that all agreements heretofore made Proviso.
respecting the same poor, suits or processes, between the
Town of Bolton, and the District of Berlin, or their agents
or Committees, shall be deemed valid and binding accord-
ing to the true purport and meaning of the same.

And be it further enacted by the authority aforesaid,
that whenever hereafter, the Town of Bolton, or the when the town
overseers of the poor, or the Selectmen thereof, shall be be served with
served with any citation, notification or precept, to shew seiemme'^or c'
cause why any poor person shall not be removed to, or sup- £™jC\e^r°ogf.ve
ported by the said Town of Bolton, or why the said Town
of Bolton, shall not be charged with any expence respect-
ing any poor person, which poor person, at the time of
their last removal from Bolton, previous to the said incor-
poration, was an inhabitant in that part thereof, which is
now Berlin, or which poor person descended from or was
wife of any person, who, at the time of such removal from
Bolton, was an inhabitant in the part thereof, last men-
tioned, the Selectmen or overseers of the poor, of the
Town of Bolton, shall in forty eight hours after service
made as aforesaid, by writing under their hands, give
notice to the Selectmen or ( iverseers of the poor, of
Berlin, of the said citation, notification or precept, and the
contents thereof ; and that by virtue of this Act, the Dis-
trict of Berlin, are to respond, if they see fit ; and the said
Selectmen or Overseers of the poor, of Bolton, shall certify
& make return of the same, under oath, to the Justice or
Court, before whom they are cited, to appear at or before
the time of hearing, and thereupon the said District of
Berlin, shall in all respects be considered as defendant or
respondent, and shall respond or defend in the same
manner as Bolton would have otherwise been considered,
or would have been obliged to defend or respond ; and
all after proceedings shall be had accordingly; and the
Town of Bolton, shall recover fees for the said notice &
return, as officers have in case of service, and return of

622 1787. — Chapter 53.

Writs, to be paid by the party against whom sentence
may be given.

Proviso. Provided nevertheless, that whenever the Selectmen or

Overseers of the poor, of the District of Berlin, shall dis-
pute their being holden to respond as aforesaid, they shall
give notice thereof, to the Selectmen or Overseers of the
poor, of Bolton, in forty eight hours after notice given
to them as aforesaid, in which case the Court or Justice
aforesaid, shall have full power to determine the same
dispute, if in the course of the process it may be necessary
to be determined ; and any removal or adjudication
touching the same, shall be had agreeably to the same
determination. And the District of Berlin are hereby
authorized, to commence, prosecute and defend any suit,
process or complaint, respecting any poor person or per-
sons, their wives or descendants, whose last remove from
Bolton, previous to the said incorporation, was from that
part thereof, which is now Berlin, in the same manner
they might have done, had they been a corporation before
such removal.

Clause respect And be it further enacted by the authority (/foresaid, that

mu poor persons J ... i 1

who removed if any person or persons, their wives or decendants, whose

previous to the 1 . /. n j. • .1

incorporation, last remove from Bolton, previous to the same incorpora-
tion, was from that part of Bolton, which is now Berlin,
and was not an inhabitant of Bolton, at the said time of
incorporation, shall become poor, that in every such case
the Town of Bolton, may proceed against, and charge the
said District with the support and maintainance of such
poor person or persons, their wives or descendants, in the
same manner, as they might have done, if Berlin had
been incorporated at the time of the removal last men-
tioned. March 26, 1788.

1787. — Chapter 53.

[February Session, ch. 22.]

Chan ^3 AN ACT F0R REVIVING AND CONTINUING IN FORCE TWO LAWS
KjivwjJ. uu op THIg COMMoNWEALTH, ONE PASSED IN THE YEAR OF
OUR LORD, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-
SIX, ENTITLED, "AN ACT FOR SUSPENDING THE LAWS FOR
THE COLLECTION OF PRIVATE DEBTS, UNDER CERTAIN
LIMITATIONS," THE OTHER PASSED IN THE YEAR OF OUR
LORD, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-
SEVEN, ENTITLED, "AN ACT FOR THE CONTINUANCE OF
AND IN ADDITION TO- AN ACT ENTITLED, AN ACT FOR SUS-
PENDING THE LAWS FOR THE COLLECTING OF PRIVATE
DEBTS UNDER CERTAIN LIMITATIONS."

Preamble. Whereas it is judged expedient that the hvo afore-recited

acts, should be revived and continued in force:

1787. — Chapter 54. 623

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 the two afore recited acts and each Enacting clause.
and every clause thereof, be and hereby are revived, and
shall continue in force until the third Wednesday of June
next, and no longer.

Provided notwithstanding, And be it further enacted by Proviso.
the authority aforesaid, that this Act shall not be con-
strued to extend to any debts which shall be contracted
after the passing of this Act. March 26, 1788.

1787. — Chapter 54.

[February Session, ch. 21.]

AN ACT FOR SUPPRESSING AND PUNISHING OF ROGUES, VAGA- QJiaj). 54
BONDS, COMMON BEGGARS, AND OTHER IDLE, DISORDERLY "'

AND LEWD PERSONS.

Be it enacted by the Senate and House of Represent-
atives in General Court assembled, and by the author-
ity of the same, that there shall be erected, built or Houses of cor-
otherwise provided by the Court of general sessions provided! be
of the Peace, in every County within this Common-
wealth, at the charge of such County, a fit & convenient
house or houses of correction (where such house is not
already provided) with convenient accomodations there-
unto adjoining and belonging; to be used & employed, for
the keeping, correcting & setting to work of rogues, vaga-
bonds, common beggars, & other idle, disorderly & lewd
persons.

And until such house or houses of correction be erected,
built, or otherwise provided, the common prison in each
County, may be made use of for that purpose.

And be it further enacted by the authority aforesaid,
that the Court of general sessions of the Peace in each court of ses-
County, may nominate and appoint at their will & pleas- masters oF'snch
ure, a suitable person to be master of such house of cor- ubiuhruteV&c.
rection And also to make, ordain & establish such rules
& orders as may be necessary, (not repugnant to the Laws
of this Commonwealth) for the ruling, governing & pun-
ishing of such persons as may be there committed ; &
such rules and orders by them made, shall be in force &
put in execution. And any Justice of the peace, as well
as the Court of Sessions, may send & commit unto the
said house, to be kept & governed according to the rules

624 1 787. — Chapter 54.

and orders thereof, all rogues, vagabonds & idle persons,
going about in any town or place in the County, begging ;
or persons using any subtle craft, juggling or unlawful
games or plays, or feigning themselves to have knowledge
in physiognomy, pahnestry, or pretending that they can
tell destinies or fortunes, or discover where lost or stolen
goods may be found ; common pipers fidlers, runaways,
stubborn servants or children, common drunkards, com-
mon night walkers, pilferers, wanton & lacivious persons,
in speech, conduct or behaviour ; common railers or brawl-
ers, such as neglect their callings or employment, mispend
what they earn, & do not provide for themselves or the
support of their families, upon conviction of any of the
offences or disorders aforesaid, complaint thereof having
been made in writing.
Powerand And he it enacted by the authority aforesaid, that the

8uch°masters. master of such house of correction to be appointed as
aforesaid, shall have power & authority, & shall set all
such rogues, vagabonds, beggars, & other lewd, idle and
disorderly persons as aforesaid, that shall be duly sent or
committed unto his custody, to work & labour (if they
be able) for such time as they shall continue & remain in
the said house ; & to punish them by putting shackles or
fetters upon them ; & also from time to time, in case they
be stubborn, disorderly, idle or refractory, & do not per-
form their tasks, & in good condition, according as they
shall be reasonably stinted, or to abridge them of their
food, as the case shall require, until they be reduced to
better order.
Persons com- ^ncZ be it further enacted by the authority aforesaid,

mitled to houses J 1111 • i i • i

of correction, that when any person shall be committed to the said
vicTed with-it. house, the Selectmen of the town to which he or she be-
keepTheemrito8t° longs (if within the Government) shall at the town's
work. expence, provide suitable materials & such as shall be

convenient & necessary to keep the person thus commit-
ted, to work during his or her continuing there, & deliver
the same to the master or keeper of the house for that
purpose. And when any stubborn children or servants
under the immediate care & government of parents or
masters, shall be committed to the said house, the parent
or master (if able) shall take care & provide such things
as may be necessary to keep him or her to work & labour
during his or her abode in the* said house. And the per-
sons committed shall be allowed two third parts only of

1787. — Chapter 54. 625

what thoy earn, & the residue shall be to the use of the
master or keeper of the house ; unless such persons are
masters or heads of families, then the whole profit or their
labour, or so much thereof as the Court of Sessions shall
order, shall be for the relief & support of such persons
& their families. And if any person committed as
aforesaid, shall be unable to work, or be weak & sick, or
the profits of whose work shall not be sufficient for sup-
porting him or her, then to be comfortably provided for
& taken care of by the master of the same house, who
shall be reimbursed the same by the parent, master, town,
or the Government, who are by Law obliged to maintain
& support such persons when unable to support them-
selves, as the case may require.

And be it farther enacted by the authority aforesaid,
lhat the master of the said house of correction shall for Meters of such
his care, labour & service in looking after the several per- havTaVeason-
sons that shall from time to time be committed to his Ciro ^the^Ierv'ice,
& custody, over & above one third part of their net earn- &c-
ings, have such reasonable allowance made him as the
Justices in Session shall order & direct, to lie paid h m
by the parent or master of such as are under their imme-
diate care & custody, otherwise by the Town to which
such persons belong, if within this Government, or at the
charge of the Government if they belong to no particu-
lar town within it. And the master or keeper of every
such house, shall keep an exact account of all profits &
earnings that shall arise from the labour of all such as
shall be committed unto his care & custody, as well as the
particular time of their commitment & liberation, & pre-
sent the same account (upon oath if required,) unto the
Justices of the Peace, for the same County, annually, &
also whenever he shall by them be thereunto directed,
and in default thereof may be amerced by the said Jus-
tices in their Sessions, not exceeding One hundred pounds.

Provided nevertheless, that whenever any person com- proviso, when
mitted as aforesaid, shall apply to the master of the said app]yef^°nadis-
house, for a discharge therefrom, the said Master shall gJJ^ousT
signify the same to the overseers of the poor of the town
in which such house of correction shall be, or to the Over-
seers of the Poor of such town as the person so committed
shall belong to, & the major part of either of the over-
seers of the poor aforesaid, upon its being made to ap-
pear to them that the ends of such commitment have been

626 1787. — Chapter 55.

answered, are hereby empowered to issue their order to
the master of such house of correction to discharge the
said person from his or her said confinement, the charges
arising therefrom being first paid in manner as is herein
before provided, & the said master is hereby required to
discharge him or her accordingly,
jfegrofnotacu- ^e it further Enacted by the authority aforesaid, that
izenofoneof 110 person being an African or Negroe, other than a sub-
siates shall be ject ot the Lmperor of Morocco, or a citizen of some one
within this com- of the United States ; to be evidenced by a certificate from
the Secretary of the State of which he shall be a citizen,
shall tarry within this Commonwealth, for a longer time
than two months, & upon complaint made to any Justice
of the Peace within this Commonwealth, that any such
person has been within the same more than two months,
the said Justice shall order the said person to depart out
of this Commonwealth, & in case that the said African or
Negroe shall not depart as aforesaid, any Justice of the
Peace within this Commonwealth, upon complaint & proof
made that such person has continued within this Common-
wealth ten days after notice given him or her to depart as
aforesaid, shall commit the said person to any house of
correction within the County, there to be kept to hard
labour agreeably to the rules & orders of the said house,
until the sessions of the peace, next to be holden within
& for the said County ; and the master of the said house
of correction is hereby r< quired & directed to transmit an
attested copy of the warrant of commitment to the said
Court, on the first day of their said Session, & if upon
trial at the said Court, it shall be made to appear that the
said person has thus continued within the Commonwealth
contrary to the tenor of this Act, he or she shall be
whipped not exceeding ten stripes, and ordered to depart
out of this Commonwealth within ten days ; and if he or
she shall not so depart, the same process shall be had and
punishment inflicted, and so toties quoties.

March 26, 1788.

1787. — Chapter 55.

[February Session, ch. 23.]

Chan. 55 AN ACT F0R dividing the county of Lincoln, into three
1 ' districts, and for establishing a registry of deeds

and court of probate, in the middle district.

Preamble. Whereas the inhabitants of that part of the County of

Lincoln, which borders upon Penobscot River, and extends

1787. — Chapter 55. 627

as far eastward as Gouldsborough, are put to great diffi-
culty in getting their conveyances of real estates properly
recorded, and in effecting the settlement of the estates of
deceased persons among them, by reasons of great distance
they have to travel to accomplish the same:

Be it therefore enacted by the Senate and House of Repre-
sentatives, in General Court assembled, & by the authority
of the same, that the present County of Lincoln, be divided Divisional Hues.
into three Districts : That the divisional line between the
first and middle District, begin near Owls head in Penob-
scot bay, at the boundary between the Town of Thomas-
town and the Town of Camden; thence running north-
westerly by the east line of Thomastoivn, Warren and
Union, to the northeast corner of Union; thence north
twenty two degrees and one half of a degree east until it
intersects the north line of the Waldo Patent; thence
north to the Highlands. That the divisional line between
the middle & eastern Districts, begin at the bounds mak-
ing the north east corner of Gouldsborough, and Southeast
corner of Township Number Seven ; thence running north-
erly by the east line of Number Seven, and the east line
of Number Ten, to the south east corner of Township
Number Sixteen ; from thence due north to the highlands;
each District to include all the Islands, lying in front thereof,
& within lines drawn due south from the boundaries afore-
said, at Thomastown and Goiddsborough, into the Sea.

And be it further enacted, That a Register of Deeds be Register of
appointed in manner provided by law within & for the p0?nted°for "he
middle District, whose office shall be holden at Penobscot, mlddle district-
and in order thereto, the Selectmen of the several Towns
within the said District, which now are, or may be incor-
porated before the first day of August next, are hereby
impowered and directed to call a meeting of the inhabi-
tants of their respective Towns, qualified as the law directs,
to meet in the said Towns some time in the month of
August next, for the purpose of choosing a Register of
Deeds, for the said District.

And be it further enacted, that each of the Clerks of the Town.cierbs to

Tc • i i ii i xv ,i ' t return therames

owns atoresaid snail as soon as may be atter the said &c oftneper-

meetings and elections, respectively make return on oath tonthe°court°of

to the Court of General Sessions of the Peace next to be sessions.

holden at Waldoborough within & for the County of

Lincoln, of the names of the persons voted for, with the

Number of Votes each person had, set against their Names

respectively, and the said Court of Sessions shall examine

628 1787. — Chapter 56.

the said returns, and declare the choice of the said Register
in manner provided by law.
power and duty And be it farther enacted, that the said Register, when

01 6UCI1 liGylS- *^ *j '

ter, when elected, shall be and he hereby is required & impowered

to do and perform all those things which other Registers
of deeds are by law required & empowered to do and
perform ; & the records of any deeds of conveyance
of lands or other real estate, lying within the said Dis-
trict, which after the first day of November next, shall
be made by any other than the said Register, shall be void
and of no effect ; And the said Register shall be entitled
to demand and receive all such fees in the execution of his
office, as Registers of deeds are by law entitled to receive.
And be it further enacted by the authority aforesaid,
£tUer!o°bfheid that a Court of Probate shall be held within the said
riitrict^judge District, an(3 that some suitable persons be appointed in
and Register to the manner the Constitution directs, for Judge and Register
of the said Court, who from and after the first day of
September next, shall have power & 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.
SKrtmaSbJ And be il enacted, That all Probate of Wills and Letters
the judge, ehaii 0f administration granted upon the estates of persons

dc void. o a ■*-

(who at the time of their decease belonged within the
said District) after the said first day of September next,
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. March 27, 1788.

1787. — Chapter 56.*

[February Session.]

Clmn ^fi AN ACT> F0R APPORTIONING AND ASSESSING A TAX OF SIXTY
KjIIUJJ. 0\J five THOUSAND POUNDS FOUR SHILLINGS, TO ANSWER
THE EXIGENCES OF GOVERNMENT; AND ALSO THIRTEEN
THOUSAND TWO HUNDRED AND SIXTY TWO POUNDS, AND
ONE SHILLING, TO REPLACE THE SAME SUM, DRAWN OUT
OF THE TREASURY, TO PAY THE MEMBERS OF THE HOUSE
OF REPRESENTATIVES, FOR THEIR ATTENDANCE THE SEVEN
LAST SESSIONS OF THE GENERAL COURT; ALSO A FURTHER
SUM OF THIRTY POUNDS, SET TO THE TOWN OF BOWDOIN,
AND THE SUM OF NINETY FOUR POUNDS, FIFTEEN SHIL-
LINGS AND TEN PENCE, SET ON THE LANDS OF THE HEIRS
AND ASSIGNS OF THE LATE BRIGADIER WALDO.

Whereas it is become necessary, in order to answer the
exigences of Government, that the Treasury of this Com-

* Not printed in session pamphlet.

1787. — Chapter 56. 629

mon wealth, should be supplied with the Sum of Sixty
Jive thousand pounds, four shillings:

Be it therefore Enacted by the Senate & House of
Representatives in General Court assembled, and by the
authority of the same, that each Town, District, Planta-
tion, & other place within this Commonwealth, shall be
assessed and pay the several Sums with which they stand
respectively charged in the following Schedule, Viz.

630

1787. — Chapter 56.

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1787. — Chapter 56.

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1787. — Chapter 56. 645

And be it farther enacted by the authority aforesaid,
That the Treasurer of this Commonwealth do forthwith
send his warrants directed to the Selectmen or Assessors
of each town, district, plantation or other place within
this Commonwealth, that are taxed, requiring them re-
spectively to assess the sum hereby set .upon such town
or other place in the manner following, that is to say, To
assess all the Male polls above the age of sixteen years
within their respective towns or other places next adjoin-
ing to them, belonging to no other town or place including
Negroes & Mulattoes, & such of them as are under the
Government of a Master or Mistress, to be taxed to such
Master or Mistress respectively in the same manner as
Minors &, apprentices are taxed, at Jive shillings & five
■pence each, & the remainder of such sum so set to each
town or other place respectively as aforesaid after deducting
the sums assessed on the polls as aforesaid on the inhab-
itants of such Town or other place as aforesaid according
to the just value of the whole real estate by each inhabi-
tant of such Town or other place respectively possessed
on the first day of JSlay next in his own right or the right
of others, lying within the said town or place, improved
or not improved, & on the non-resident possessors of real
estate lying within the said town or place, in their own
right or the right of others, improved or not improved,
and on the non resident possessors of real estate, lying
within the said Town or place, in their own right or the
right of others improved or unimproved, saving all agree-
ments between landlords & tenants, & where no agree-
ment is, the Landlord to re-imburse one half the tax ; & also
on the inhabitants of such town or place & other persons
possessing estate within the same according to the propor-
tion of the amount of the just value of their personal
estate, including monies at interest, more than they pay
interest for, altho' the same be secured by an absolute
conveyance of real estate, if a bond of defeasance or prom-
ise of reconveyance has been given (excepting only such
money as is lent to Government, & by an act of Govern-
ment expressly exempted from taxation) monies of all
kinds on hand, & also the just amount of the value of all
goods, wares & merchandize, stock in trade, vessels of
all sorts at home or abroad, with their stores, appurte-
nances & appendages ; plate, horses, oxen & cattle of all
kinds & ages, Swine, & grain of all sorts, & all kinds of

646 1787. — Chapter 56.

the produce of the land, & all other property of what
kind soever (excepting sheep, houshold furniture, wear-
ing apparel, farming utensils & tools of mechanicks) on
the first day of May, in the year of our Lord one thousand
seven hundred & eighty eight. And the Assessors of the
respective towns & other places shall estimate all the
before-enumerated articles, at six per cent, upon the real
value of the same, in the places where they are (except-
ing unimproved Lands which shall be estimated at hooper
cent.) & on the amount of their incomes from any profes-
sion, faculty, handicraft, trade, or employment; & also
on the amount of their incomes & profits, gained by
trading by land or sea ; and the Treasurer in his said war-
rant shall likewise require the Assessors to make a fair
list of the said assessment, setting forth in distinct col-
umns 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, & how much for faculty, & income by
trade as aforesaid ; & if as Guardian, or for any estate in
his or her improvement in trust to be distinctly expressed ;
& also insert on their rate bills, the number of acres of
unimproved land, which they have taxed to non-resident
proprietors of lands within their respective towns or
places, & also the real value at which they have estimated
the same ; & the list or lists so compleated & signed by
them in manner as aforesaid, or by the major part of
them, to commit to the Collector or Collectors, Constable
or Constables of such Town or place respectively, with a
warrant or warrants in due form of law for collecting &
paying the same to the Treasurer of this Commonwealth,
on or before the first day of November next ; and to return
a certificate of the name or names of such Collector or
Collectors, Constable or Constables, with the sum total to
them committed to collect, to the said Treasurer, some
time before the first day of July next, & make & sub-
scribe a certificate of the same, in due form of law.

Provided nevertheless, that the following persons, viz.
The President, Professors, Tutors, Librarian, & the Stu-
dents of Harvard College, who have their usual residence
there, & who enjoy no other pecuniary office or employ-
ment, & settled Ministers of the Gospel, & grammar
Schoolmasters, are not to be assessed for their polls or
estates, unless their estates be not under their actual man-
agement or improvement, or not in the parishes where

1787. — Chapter 56. Gil

they are settled ; & also all persons who have the manage-
ment or improvement of the estate of Harvard College,
are not to be assessed for the same, nor Indians for their
polls or estates ; & if there be any others who by reason
of Age, infirmity or poverty, are unable to pay as others,
towards the public charges, or any widows or orphans,
who depending on the interest of their money for their
subsistance ; or who by receiving paper money, in the
course of the late war, have 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 equita-
ble. And the Justices in their Sessions in the respective
Counties assembled in apportioning a County tax or assess-
ment, are hereby ordered & directed, to apportion the
same on the several towns or other places in such County,
in proportion to this tax ; and the assessors in each town,
parish or other place in this Commonwealth, are also
directed in making town or parish taxes, to govern them-
selves by the same rule, having regard to all such altera-
tions of polls or of property, as may happen within the
same, subsequent to their assessing this Tax as aforesaid
— And the assessors of the several towns, which are
charged with the pay of Representatives, are directed in
apportioning the same, to assess an additional sum on the
polls & estates in proportion to the sum they are respect-
ively set at in the said Sixty five Thousand pounds four
shillings.

And whereas there are many persons who dwell or re-
side in some towns, within this Commonwealth, but are
engaged in trade and negociate their business almost
entirely in other towns, & there hire shops, stores or
wharves ; & it is apparent that the Assessors of the towns
[where such persons reside or dwell, cannot be so well
acquainted with the business transacted by them, as the
Assessors of the town] where the same is done.

Be it therefore Enacted by the authority aforesaid, that
all persons within the description aforesaid, shall be
assessed & pay taxes for such of their goods, wares &
merchandize, stock in trade, ships & vessels, as are sold,
used or improved in the towns wdiere they hire stores,
shops, or wharves, or transact the principal part of their
business, & for their faculties exercised, & not in the

648 1787. — Chapter 57.

towns where they live, & 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, & in default thereof
shall be doomed by the assessors respectively :

Provided, that this clause be not in any case so con-
strued as to enable any town to tax any inhabitant of any
other town for any estate for which such town hath been
charged in the last valuation.

And Be it further enacted by the authority aforesaid
that the sum of thirty pounds be assessed upon the town
of Bowdoin in the County of Lincoln, and the same pro-
ceedings shall be had as for the recovery of the Taxes
assessed upon other Towns.

And be it further enacted by the authority aforesaid
that the further sum of ninety four pounds fifteen shil-
lings and ten pence, be assessed upon the lands compre-
hended within the claims of the heirs and assigns of the
late Brigade Waldo, which are not liable to be taxed by
Virtue of any preceeding clause in this Act ; and the
Treasurer of this Commonwealth, shall send his warrant
to the Sheriff of the County of Lincoln, requiring him to
collect the same in the same manner as Constables or Col-
lectors are authorized and directed to proceed in Collect-
ing Taxes laid on non Resident proprietors of unimproved
Lands, & to pay the same into the public Treasury on or
before the said first day of November.

And it is further enacted by the authority aforesaid
that no order shall be drawn by the Treasurer of this
Commonwealth on any Constables or Collectors of this
tax, for any part of the same. March 27, 1788.

Chap

1787. — Chapter 57.

[February Session, ch. 24.]
57 AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT IN AD-
DITION TO AN ACT PASSED IN THE YEAR OF OUR LORD, ONE
THOUSAND SEVEN HUNDRED AND EIGHTY THREE, ENTI-
TLED, AN ACT TO REGULATE THE CATCHING OF SALMON,
SHAD AND ALEWIVES, AND TO REMOVE AND PREVENT OB-
STRUCTIONS IN MERRIMACK RIVER, AND IN THE OTHER
RIVERS AND STREAMS RUNNING INTO THE SAME, WITHIN
THIS COMMONWEALTH, AND FOR REPEALING SEVERAL ACTS
HERETOFORE MADE FOR THAT PURPOSE."

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

1787. — Chapter 58. 649

the same, that no person or persons whatsoever be allowed
from and after passing this act, to catch any salmon, shad
or ale wives, within three miles of the mouth of Merri-
mack River, by fishing with seines, net or nets, in the
Sea, or by drawing them to the lands of Plum Island,
Salisbury Beech or any of the Islands within the limits
aforesaid, except on the days allowed by Law, to take the
said fish in the said river ; and if any person or persons
shall be found to be fishing, with seines, net or nets,
within the limits aforsaid, except on the lawful days to
take the said fish, in the said river, he or they so offend-
ing shall forfeit & pay the sum of twenty pounds for every Penalty fortak-
such offence, to be recovered and applied in the same iolaw. contrary
manner as fines for a breach of the Act, to which this is
an addition, are recovered and applied.

March 28, 17 88.

1787. — Chapter 58.

[February Session, ch. 25.]

AN ACT TO PREVENT THE DESTRUCTION OF ALEWIVES AND (JJiaqj 58
OTHER FISH IN IPSWICH RIVER, AND TO ENCOURAGE THE ■*■ '

INCREASE OF THE SAME.

Be it Enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority
of the same, that the owner or owners, occupier or occu- ownersoroccu-
piers, of the dam across Ipswich River, commonly called Eeer's & Foley's
Warner's Mill-dam, and also the owner or owners, occu- miiis, required

. ' ' to keep open a

pier or occupiers, of the dam of Farley's mill, so called, passage-way.
be, &they are hereby required, henceforward, at their own
cost and charge, in proportion to their several inter-
ests, to make and keep open a passage for the fish, through
their respective dams, from the twentieth day of April,
to the thirteenth day of June annually : And that the said
passages be within four feet of the northerly end of each
of the said dams, five feet wide, to extend from the under-
side of the Cap-piece, which cap-piece shall be level with
the said dam, and as low as the upper side of the Mud-
sills of the same ; and that during the said time, the bot-
tom of the said passage be covered wTith flat stones or
gravel, in such manner as that the bottom be not raised
higher than the sills, & that nothing shall be kept, put or
placed on the upper side of either of the said dams, nor
any thing put or placed below either of them, within six

650

1787. — Chapter 58.

Penalty for neg-
lect.

Passage-way to
be kept open at
Dodge's mills.

All other sluices
or passages shall
be kept open.

Penalty for tak-
ing fish with
seines or drag-
nets.

feet of the sluice way on the southerly side of them, ex-
cept a brace on the southerly side of each of the said
sluice ways, to guard the said Cap-pieces, on penalty that
the owner or owners, occupier or occupiers, of either of
the aforesaid Mills neglecting to observe the directions
of this Act in any of the instances before mentioned, shall
for every such offence forfeit the sum of Twenty pounds,
to be recovered of them, or eithei of them, by action of
debt, in any Court of Record proper to try the same, in
the County where the offence shall be committed, to be
disposed of as follows Vizt. One moiety to him who shall
sue for the same, the other moiety to the poor of the town
where the offence shall be committed.

Be it further Enacted, that the Owner or Owners,
Occupier or Occupiers of Dodge's Mills, so called, at the
little falls, on the said river, be and they are hereby re-
quired to keep open the passage over the said falls, from
the Grist-mill to a large Rock in the angle of the falls or
dam, down to the mud sill, from the twentieth day of
April, to the thirteenth day of June annually, on penalty
that the Owner or Owners, occupier or occupiers of the
aforesaid mills, neglecting; t0 observe the directions of
this Act, shall for every such offence, forfeit and pay the
sum of Twenty pounds, to be recovered of them, or
either of them, by action of debt, in any Court of Rec-
ord, within the same County, proper to try the same, one
moiety thereof, to him who shall sue for the same, the
other moiety to the poor of the town, where the offence
shall be committed.

And be it further Enacted, that the sluices or passages
through, or by all other mill dams, now erected, or that
shall hereafter be erected upon the said River, or by any
stream or streams, running from any natural pond, into
the same, provided the said Mill dam be below the same
ponds, shall be open, & kept open ; <Sc that the owner or
owners, occupier or occupiers of such Mill-dam, shall
make, maintain & keep open the said sluices or passages,
at their own cost & charge, in the same manner, as here-
tofore in this Act is provided, with regard to the passages
through Warners & Farleys Mill dam, and under the
said penalty for every neglect, to be recovered and dis-
posed of, in the same manner.

And be it further Enacted, that every person, who shall
after the twentieth day of April, which will be in the year
of our Lord, One thousand seven hundred & eighty

1787. — Chapter 58. 651

eight, presume to take any fish of any kind, in the said
River or its branches, or any of the ponds, emptying them-
selves into the same, with seines or drag-nets of any kind,
shall forfeit, for every such offence, the sum of twenty
pounds, to be recovered in any Court of Record, proper
to try the same, one moiety to him who shall sue for the
same, the other moiety to the poor of the town where the
offence is committed.

And whereas it has been found by experience, that savj
dust floating in streams where fish pass, obstruct their
passage :

Be it further Enacted, that none of the saw Mills, on Nosaw-miii
the said River, or any of the streams runing from natural to go, between
ponds into the said River, shall be suffered to go between Aprn^cfnm
the last day of April, and the first day of June annually, annu°afiiy!ne'
for cutting any wood or timber ; and every owner or occu-
pier of such mill, who within the term aforesaid, shall
use or suffer the same to be used, or employed for such
purposes as aforesaid, shall incur the penalty of twenty
pounds, to be recovered and disposed of in the same
manner as aforesaid.

And be it further Enacted, that from and after the pass- Towns border-
ing this Act, every town bordering on Ipsicicli River, r&£ ° Jolhoo'se
where Alewives & other fish, go up to cast their spawn, l^uluy!ee'
shall at their meeting in March or April, for the choice
of town Officers annually, choose at least, three suitable
and fit persons, whose duty it shall be, jointly or sever-
ally, to see that this act be duly observed, and to inform
against any person or persons, that shall offend against
the same ; & all persons so chosen, shall be sworn to the
faithful discharge of their duty in such Office ; &. if any
person chosen as aforesaid, shall refuse or neglect to be
sworn, after due notice given, he shall forfeit and pay the
sum of forty shillings, for the use of the poor of the town
to which he belongs, to be recovered by the Treasurer of
such town, in any Court proper to try the same ; and such
town shall proceed to a new choice, and so toties cjuoties.

And be it further Enactedby the Authority aforesaid,
that each and every person, who shall, from & after the Penalty for tak-
twentieth day of April, to the thirteenth day of June on§thehdaey8cept
annual]}', presume to take any of the said fish, in the ^wed by this
River aforesaid, or any of the streams runing into the
same, except on monday, Wednesday & friday, in each
week, during the time limited by this Act, and in that

652 1787. — Chapter 59.

case, not to be taken within two rods of any of the sluices
aforesaid, shall forfeit and pay for every such offence, a
sum not exceeding forty shillings, nor less than twenty
shillings, to be recovered on complaint or information,
one moiety to the prosecutor, & the other moiety to the
poor of the town where the offence is committed ; and the
said Committee, shall be admitted as witness or witnesses
on the trial.

And be it farther Enacted by the authority aforesaid,

feor™^dlaw8 that all the laws heretofore made, relative to fish passing

up Ipswich River, & for regulating the taking of the said

fish, be, and they hereby are repealed, & made null and

void. March 28, 1788.

1787. — Chapter 59.

[February Session, ch. 26.]

CliaV 59 AN ACT IN ADDITI0N T0 AN ACT> INTITLED, "AN ACT FOR REN-
■* ' DERING PROCESSES IN LAW LESS EXPENSIVE."

Preamble. Whereas doubts have arisen how far Justices of the

Peace, are authorized to continue actions, commenced
against p)ersons absent from the Commonwealth :

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

Enacting clause. f/ie same^ that when any civil action is commenced before
any Justice of the Peace, having cognizance of the same,
if it shall appear to the said Justice by the return of the
writ in the said action, or otherwise, that the defendant
or debtor be absent from the Commonwealth, at the time
of serving such writ, it shall be the duty of such Justice
to continue such action for a space of time, not exceeding
six months, nor less than two months, according to the
supposed distance of such debtor or defendant, and as to
the said Justice shall seem most equitable, and there shall
be the same distance of time, between rendering the said
judgment and issuing execution thereon, as if no contin-
uance were granted ; also every Justice of the Peace, in
any other case, shall have power by public proclamation,
to adjourn the process of any action brought before him,
for more than four pounds, when equity shall appear to
require it, not exceeding thirty days.

And whereas no provision is made for a 'plaintiff to
prosecute his suit, commenced before a Justice, in case of
the death of such Justice during the process:

1787. — Chapters 60, 61. 653

It is further enacted, that when any Justice of the Provision, in

T-, tut i i 1 /• • i i case of the death

Peace, shall die or be removed before a judgment given or removal of a
by him is paid and satisfied, it shall be in the power of Ju8lice*
any Justice of the Peace, in the same county, to grant a
scire facias upon the same judgment, for the party against
whom such judgment was rendered up, to shew cause,
if any he hath, why execution should not be issued against
him. And if no such cause be known, such Justice shall
cause execution to issue on such judgment, in the same
manner, as if the action had been commenced before him.

March 28, 1788.

1787. — Chapter 60.

[February Session, ch. 27.]
AN ACT FOR THE PRESERVATION OF THE SALT MARSHES IN (~rLn^ fif)
THAT PART OF THE TOWN OF DORCHESTER, IN THE COUNTY Kj,LUl)' UU
OF SUFFOLK, KNOWN BY THE NAME OF SQVANTUM.

Whereas the Salt Marshes aforesaid, sustain great dam- Preamble.
ages by the feeding & trampling of cattle, by which means
the owners are deprived of a great part of the crops of hay ,
upon ivJiich they rely for the supporting their stock:

Be it therefore Enacted by the Senate and House of Rep-
resentatives in General Court assembled, & by the authority
of the same, that any Cattle or Horses found on the afore- cattle or horees
said Salt Marshes, between the fifteenth of April, & the p0auyndecim"
fifteenth of September annually, may be impounded by the
owners of the said Marsh, or any other person by them
employed, in either of the Pounds in Milton or Braintree ;
and the owners of the said Cattle shall be liable to pay all
damages that may arise, in consequence of their Cattle
feeding and trampling on the said Meadows.

And be it further Enacted by the authority aforesaid,
that the pound keepers in the towns of Milton or Braintree, Directions to
are hereby directed and impowered, to receive all such pou
Cattle and Horses, & to conduct themselves as the law
directs in other cases where Cattle are impounded.

March 29, 1788.

1787. — Chapter 61.

[February Session, ch. 23.]
AN ACT TO SET OFF A CERTAIN POINT OF LAND, ADJOIXINf
TO TOPSHAM, NOW KNOWN BY THE NAME OF PATTE
POINT, FROM THE TOWN OF BOWDOINHAM, AND ANNEX-
ING THE SAME TO THE TOWN OF TOPSHAM.

:™ Chap. 61

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

654: 1787. — Chapter 62.

Patten's point the same, that a certain point of land belonging to the
Town of Bowdoinham, in the County of Lincoln, known
by the name of Patten's Point, and seperated from the
rest of the Town of Bowdoinham, by the River known by
the name of Cathance, be, and the same is hereby sett oft'
from the Town of Bowdoinham, and that the same be
annexed to the Town of Topsham; provided the inhab-
itants of the said Point of Land, shall be holden to pay
their proportion of all taxes which have been assessed,
ordered or voted to be laid on the said Town of Bowdoin-
ham, by the inhabitants thereof, or by the General Court,
in the same manner as though this Act had never passed.

March 29, 1788.

1787. — Chapter 62.

[February Session, ch. 29.]

Chai). 62 AN ACT REPEALING A CERTAIN PARAGRAPH OF AN ACT,
1 ' PASSED IN THE YEAR OF OUR LORD, ONE THOUSAND SEVEN

HUNDRED AND EIGHTY-THREE, INTITLED, " AN ACT IN
ADDITION TO THE SEVERAL ACTS OF THIS COMMONWEALTH,
ALREADY MADE, FOR THE PRESERVATION OF THE FISH
CALLED ALEWIVES, AND FOR THE BETTER REGULATING
THE RIVER CALLED WEWEWANTETT, IN THE COUNTY OF
PLYMOUTH, AND FOR MAKING AN ADDITION TO THE SAID
ACT.

Preamble. Whereas it is provided in the seventh enacting paragraph

of the said Act, " That no Mill or Mills, Forge or Fur-
nace, or any other Water- Works whatsoever , be permitted
to go or work on the said River, from the first day of April,
until the first day of June annually, unless such sluices as
hereafter are in this Act described, are kept open for the
term of time aforesaid; and that the dams on the said
River, or lite sluice-ways belonging to such dams, shall be
kept open, ten feet in width, to the bottom of the natural
stream of the said River, and shall lay open during the
time aforesaid, on penalty of fifty pounds, to be recovered
by action of debt, of the possessor of such Mill, Forge or
Furnace, or Water- Works, one moiety thereof, to him or
them who shall sue for the same, and the other moiety to
the use of the Towns or Proprietors of the said River, in
any Court proper to try the same" which paragraph is
found in its operation to be inconvenient:

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

1787. — Chapter 63. 655

ity of the same, that the said Paragraph be, and hereby is Paragraph re-
repealed and made null and void.

And be it further enacted by the authority aforesaid,
that the Committees which by the said Act, the Towns committees em.
of Rochester, Plympton and Wareham, are authorized ?iu7cerways!'^c!
annually to choose, are hereby fully authorized & empow-
ered, to open such sluice way in any dam on the said
River, as they may think proper, at any time between the
first day of April & the first day of June annually, for the
purpose of letting up the said fish. And the respective
Owner or Owners of such dam or dams, shall keep open
such sluice way or sluice ways, so opened as aforesaid,
from the time of their being opened as aforesaid, until the
first day of June, unless he or they have liberty in writ-
ing, under the hands of the said Committees, under the
penalty of thirty pounds, one half to him or them, who
shall sue for the same, the other half to the use of the
Towns of Rochester and Plympton, and that part of Ware-
ham, which was taken from Rochester, to be recovered by
action of debt, in any Court, proper to try the same.
And the said Committees are hereby authorized to open
such of the said sluice ways, as shall be stopped after
being opened, so often as the same shall be stopped dur-
ing the said time ; and the said Committees are hereby
further authorized, to open such passages in the dam or
dams in the said River, in the month of August annually,
as will be sufficient to let the young Fish pass down the
river, which passages so opened by them shall remain open
three weeks, under the same regulations as aforesaid.

March 29, 1788.

1787.— Chapter 63.

[February Session, ch. 30.]

AN ACT IN ADDITION TO AND FOR THE AMENDING OF AN ACT, niin^ ft\
INTITLED, "AN ACT TO RAISE A PUBLIC REVENUE BY Kj,lClV' UO
EXCISES."

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, & by the authority of
the same, that from and after the first day of May next, Additional Ex-
there shall be paid on the following articles, the excise c
duty to them respectively affixed, in addition to the duty
required by the Act to which this is an addition, Viz.

On every Gallon of Madeira Wine, eight pence.
On every Gallon of other Wine, three pence.

656 1787.— Chaptek 63.

On every Gallon of foreign Rum, & other foreign dis-
tilled spirits, three pence.

On every Gallon of JSTeio England Rum, and distilled
spirits, two pence.

On every pound of Bohea Tea, three pence.

On every pound of other India Tea, six pence.

On every pound of Coffee, one half pence.

On every pound of Cocoa, half penny.

On every hundred of lemmons, one shilling.

On every hundred weight of Raisins, one shilling &
six pence.

On every pound of manufactured Tobacco imported,
Jour pence.

And whereas the duties of excise will be as effectually
secured by the bond directed by (he said Act, to be taken
pirevious to the unlading of excised articles, provided the
importer shall acknowledge the quantities of excised articles
imported, by signing the weigher and gangers account, and
the requirement of an excise bond and the settlement thereof,
as provided by the said Act, is attended ivith great incon-
veniency to the importer : Therefore
importers of ex. jge n enacted, that each and every importer of excised
shaii sign the articles, shall sign the Weigher & Gaugers account of the
gauger-sa". weight and gauge of the articles imported, which account
count, &c. ghall be exhibited by the weigher and gauger to the col-
lector or his deputy, and shall be indorsed by him on the
bond which by law is to be given, by the importer, previ-
ous to the unlading of such excised articles. And when
all the importers by any Vessel shall have signed such ac-
count, the weigher and gauger shall give a certificate
thereof to the Master or Commander of such Vessel, and
not before. And no Naval Officer or his Deputy, shall
clear out any Vessel by which excised articles may have
been imported, without a certificate as aforesaid, being
produced to him by the Master or Commander thereof.
importers shaii ^nd all importers shall once in every three months,

render an ac- * "

count, once in Viz. on the first days of May, August. JSovember and
February, or within thirty days of the said first days of
May, August, November and February, render an account
of all the excised articles contained in his bond, and pay
the excise due thereon, agreeably to the Act to which this
is an addition.

And whereas the certificates required by Law, to cancel
the bonds given for excised articles exported, cannot in

three months.

1787.— Chapter 63. 657

many cases be obtained, and in others, if required, will
operate to the injury of the exports of this Commonwealth :

Be it enacted, that when any excised articles, are ex- clause respect.
ported out of this Commonwealth, and lost at sea or c°f8eeXxCpoenedr&'
landed in any port or place, without the limits of the lostat8ea-
United States, the bonds given on exportation shall be
cancelled, provided the exporter shall produce such proof
of the loss or landing thereof as aforesaid, as shall be sat-
isfactory to the Collector of excise & the Comptroller
General. And to prevent the revenue being injured by
not shipping or relanding of goods bonded for exporta-
tion :

Be it enacted, that if any excised articles bonded for if excised arti-
exportation, are not shipped or relanded without liberty exportation, are
from the Collector, upon proof thereof, the Master or reianded!- for-
owner shall forfeit and pay four fold duties on the goods feiture-
so landed for exportation, and the Vessel shall be seized
and held to answer the same, and the bond given by the
shipper, shall be sued for and recovered.

And the Collectors of Excise and Naval Officers and S^ffi f0c-
their Deputies, are hereby authorized to search any Ves- search any ves-
sel, and if the goods bonded for exportation shall not be
found therein, the Master or owner, and the shipper, shall
be liable to the penalties aforesaid.

And whereas Chocolate exported out of this Com-
monwealth, not being equally exempted with Cocoa from
excise, operates to the injury of the manufacturer of that
article:

Be it enacted, that upon every pound of chocolate, ex- Draw-backupon
ported out of this Commonwealth, there be allowed the ported* e
same draw-back of excise, as the like quantity of Cocoa
would be entitled to.

And be it further enacted, that the amount of all the Dutiesappropn-
duties collected by virtue of this Act, shall be, and is
hereby appropriated to & for the support of the civil Gov-
ernment of this Commonwealth. And in order that the
specie may be brought into the Treasury for the purpose
aforesaid :

Be it further enacted, that the Treasurer be, and he is Treasurer di-
hereby directed, not to draw any orders on the several draw any orders
Collectors of Impost and excise within this Common- °mpo8t& excise.
wealth, for or on account of any excise, which they may
collect in consequence of this Act. March 31, 178S.

658 1787. — Chapter 64.

Chap.

1787.— Chapter 64.

[February Session, ch. 31.]

AN ACT TO PREVENT THE EXPORTATION OF GREEN OR UN-
MANUFACTURED CALF SKINS, OUT OF THIS COMMON-
WEALTH, BY LAND OR WATER.

Preamble. WJiereas the exporting of green or unmanufactured Calf

Skins, will occasion a scarcity thereof and be attended
with disagreeable consequences to the Commonwealth: For
preventing thereof,

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
Penalty for ex- tJie same, that from aod after the passing this Act, no
unmanufactured green or unmanufactured Calf skins, shall be exported
out of the limits of this Commonwealth, by land or water ;
and if the owner or owners of any green or unmanufact-
ured Calf skins, or other person or persons, employed
by him or them, shall lade or put on board of any Ves-
sel or Float, bound out of this Commonwealth, any green
or unmanufactured Calf-skins ; or if any Master of any
Ship or Vessel, or any other Officer or mariner, shall re-
ceive on board, any green or unmanufactured Calf skins, as
aforesaid, the person or persons so offending, shall incur
the penalty of six shillings for each and every green or
unmanufactured Calf skin, so shipped or attempted to be
shipped ; to be sued for and recovered in any Court within
this Commonwealth, proper to try the same ; and every
such green or unmanufactured Calf skin, laded on board
of an}' Vessel as aforesaid, shall be forfeited. And it
shall & may be lawful for any Justice of the Peace, upon
information given of any green or unmanufactured Calf
skins being put on board any Ship or other Vessel, with
intent to export the same as aforesaid, to issue his War-
rant directed to the Sheriff or his Deputy, or any Con-
stable, requiring them respectively, to make seizure of
any such Green or unmanufactured Calf skins, Laded for
exportation as aforesaid, to secure the same, in order for
trial, and such Officers are hereby respectively impowered
and required, to execute the same ; and every Officer of
Impost and Excise, and every Naval Officer, and their re-
spective Deputys, are hereby severally empowered, on
information given by any person or persons, to seize and
secure any green or unmanufactured Calf skins, laded as

1787. — Chapter 65. 659

aforesaid, for trial ; and the fines or forfeitures incurred Suu"e*°how"
by a breach of this Act, shall be one moiety thereof to disposed of.
the person or persons who may give information, sue for
& recover the same, and the other moiety to and for the
use of this Commonwealth. March 31, 1788.

Chap. 65

1787. — Chapter 65.

[February Session, ch. 32.]

AN ACT FOR ANNEXING FEES TO CERTAIN PAPERS IN THE
SECRETARY'S OFFICE, AND FOR MAKING AN APPROPRIA-
TION THEREOF.

Whereas it is found necessary that some certain provi- Preamble.
sion should be made for the pay of the Secretary & the
Clerks in his office:

Be it therefore enacted by the Senate and House of
Representatives in General Court Assembled, and by the
authority of the same, that so much of an act passed the
first day of March, One thousand seven hundred & eighty
seven, as relates to the fees established for the Secretary's
office, be, & it is hereby repealed.

And be it further Enacted by the authority aforesaid,
that in future the following shall be the established fee,
to be paid into the Secretary's office.

For all Copies for the benefit of individuals, at the rate Established
of one shilling for each hundred words. For Copies of Fee8'
Resolves and orders of the General Court, or of the Gov-
ernor and Council of a private or local nature, three
shillings. For an Act for the Benefit of individuals,
companies or Corporate Bodies (except societies for the
promotion of Arts & Sciences, agriculture and manufact-
ures, Religion & Charitable purposes) Tivelve shillings.
For every Act for the incorporation of a Town, District,
Precinct or Parish, excepting the incorporation of Planta-
tions, to be paid by the Agent applying therefor, six shil-
lings. For every Commission of Sewers, six shillings.
For every Register of a Vessel, six shillings. For every
Warrant for a Branch Pilot, six shillings. For every
impression of the Seal of the State, with a Certificate on
private papers, Tivelve shillings. For every pass or
Letter of recommendation, for persons or Vessels Bound
to foreign parts, twelve shillings. For every notification
of the Secretary for an appointment of inspectors, Assay
Masters, or Surveyors of Tobacco, Flax Seed, Pot Ash,

660 1787. — Chapter 65.

Pearl Ash, Loaf Sugar, Beef, Pork, Fish and Butter, six
shillings. For every notification of the Secretary, of an
appointment to the office of Comptroller General, thirty
shillings. For every notification of the Secretary, of an
appointment to the office of Collector of impost and
excise, twenty shillings. For every notification of the
Secretary, of an appointment of Naval Officer, twelve
shillings, provided that the persons notified as abovesaid,
shall accept their respective trusts. For every Commission
to the Office of Coroner, six shillings. For every Com-
mission to the Office of Justice of the Peace, of the
quorum and through the Commonwealth, JVine shillings.
For every Commission of a Letter of Mark and Reprisal,
Twenty four shillings. For every Act of naturalization
of a foreigner, otherwise than a Husbandman, Mechanick
or Common Laborer, Six Pounds.

And be it further Enacted by the authority aforesaid ,
ceTve^nd kePre" that the Secretary shall receive and keep an account of
an account of an all the fees by him taken in virtue of this Act, and shall
pay the same quarterly into the Treasury of this Com-
monwealth ; and the said Secretary's proportion of a quar-
terly payment of the Salary allowed him, and also the
proportion that may be due to the Several Clerks in the
said Secretary's Office, shall be paid out of the same, in
discharge of the Warrants respectively drawn in their
favour. And a fair account of the whole fees received,
with the names of the persons paying the same, shall be
annually laid before the General Court.

March 31, 1788.

EESOLVES

OF THE

GENERAL COURT

OP THE

Commonwealth of Massachusetts.

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK,

ON WEDNESDAY THE THIRTIETH DAY OF

MAY, ANNO DOMINI, 1787.

BOSTON :
PRINTED BY ADAMS AND NOURSE,

Printers to the Honorable General Court.

M,DCC,LXXXVII.

Reprinted by Wright & Potter Printing Company, State Printers.

1893.

RESOLVES

OF THE

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS:

TOGETHER WITH THE MESSAGES OF HIS EXCELLENCY
THE GOVERNOUR TO THE SAID COURT:

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF-
FOLK, ON WEDNESDAY THE 30th DAY OF MAY, ANNO
DOMINI, 1787.

His Excellency, JOHN HANCOCK, Esq ;
Governour,

His Honour, THOMAS GUSHING, Esq ;
Lieutenant-Govern our.

COUNCELLORS.

Honourable Nathan dishing-, Honourable Israel Hutchinson,
Jonathan Greenleaf, John Frost,

Edward Cutts, Thomas Dawes, and

James Sullivan, Peter Penniman,

Oliver Phelps, Esq'rs. Esq'rs.

The following are the names of the Gentlemen who compose the two
Branches of the GENERAL COURT, viz.:

SENATORS.

Hon. SAMUEL ADAMS, Esq; President.

For the County of Suffolk. County of Hampshire.

Hon. Samuel Adams, Hon> Caleb gt

)) llhalV l"lhpS' John Hastings,

Cotton luits, David Smead Esq'rs.
Stephen Metcalf, a

Elijah Dunbar, County of Plymouth.

Benjamin Austin, inn. Esq'rs Tt /-n i m

J ,J l Hon. Charles Turner,

County of Essex. Nathan Mitchell, Esq'rs.

Hon Stephen Choate,

Aaron Wood, County of Barnstable.

Benjamin Goodhue, Hon Thomas Smith, Esq ;
1 nstram Dalton, ^ '

Peter Coffin, Esq'rs. County of Bristol.

County of Middlesex. Hon. Thomas Durfee,
Hon. Ebenezer Bridge, Abraham White,

Joseph Hosmer, Holden Slocum, Esq'rs.

Joseph B. Varnum, „ , ,„

Isaac Stearns, Gounty °f Y ORK"

Walter McFarland. Esq'rs. Hon. Tristram Jordan, Esq ;

664

1787. — May Session.

County of Worcester.
lion. Seth Washburne,
Abel Wilder,
Amos Singletary,
John Fessendon,
Joseph Stone, Esq'rs.

County of Cumberland.
Hon. Josian Thatcher, Esq ;

SENATORS— Concluded.

Dukes-County and Nantucket.
Hon. Matthew Mayhew, Esq ;

County of Lincoln.
Hon Samuel Thompson, Esq;

County of Berkshire.

Hon. Thompson J. Skinner,

Elijah Dwight, Esq'rs.

MEMBERS OF THE HOUSE OF REPRESENTATIVES.

Hon. JAMES WARREN, Esq. Speaker.

County of Suffolk.

(Hon. Caleb Davis, Esq.
Hon. Samuel A. Otis, Esq.
Thomas Dawes, Esq.
. Charles Jarvis, Esq.
O ) Samuel Breck, Esq.
R3 ( John Coffin Jones, Esq.

\ Mr. John Winthrop,
Roxbury, Thomas Clarke, Esq.

John Read, Esq.
Dorchester, James Bowdoin, jun.

Esq.
Milton, Hon. James Warren, Esq.
Braintree, Col. Ebenezer Thayer,

jun.
Weymouth, Col. Asa White.
Hingham, Col.Theophilus Gushing.

Dedham, and Dover, Mr. N. Kings-
bury.

Medfeld, Capt. John Baxter, jun.

Stoughlon, Elijah Dunbar, Esq.
Col. Frederick Pope.

Sharon, Mr. Benjamin Randal.

Bellingham, Lieut Aaron Hol-
brook.

Medway, Mr. Moses Richardson,
jun.

Wrentham, Mr. John Whiting.

Brookline, Mr. John Goddard.

Needham, Mr. Robert Fuller, jun.

Walpole, Mr. Enoch Ellis.

Franklin, Capt. Thomas Bacon

County of Essex.

Salem, Mr. Richard Ward.

Mr. Ebenezer Beckford.
Richard Manning, Esq
Edward Pulling, Esq.
Danvers, Hon. Samuel Holten, Esq.
Ipswich, John Manning, and

John Patch, Esquires.
Newbury, Mr. Nathaniel Amoiy.
Ncwburyporl, Theophilus Parsons,
Esq.
Dr. Daniel Kilham.
Marblehead, Hon. Azor Orne, Esq.
Jonathan Glover Esq.
Thomas Gerry, Esq.
Mr. Burrill Divereux.

Lynn & Lynnfield, John Carries,

p]sq.
Andover, Mr. Peter Osgood, jun.
Beverly, Larkin Thorndike, Esq.
and
Mr. Joseph Wood.
Rowley, Capt. Thomas Mighill.
Salisbury, Mr. Joseph March.
Haverhill, Mr. Isaac Osgood.
Gloucester, Capt. William Pearson
Topsfield, Mr. Thomas Emerson
Almsbury, Capt. John Bernard.
Bradford, Daniel Thurston, Esq.
Methuen, Capt. Ebenezer Carlton.
Boxford, Mr. Nathan Andrews.

County of Middlesex.

Cambridge, Stephen Dana, Esq.
Watertoivn, Dr. Marshall Spring.
Woburn, Mr. Timothy Winn.
Concord, Mr. Isaac Hubbard.
Newton, Capt. Edward Fuller.
Reading, Mr. William Flint.

Marlborough, Col. Edward Barnes.
Billerica, William Thompson.
Framingham, Major Jonathan

Hale
Lexington, Mr. Joseph Symonds.
Chelmsford, Major John Minot.

1787. — May Session.

665

REPRESENTATIVES — Continued.
County of Middlesex — Concluded.

Sherburne, Deacon William

Tucker.
Sudbury, William Rice, Esq ;
Maiden, Capt. Benjamin Blaney.
Weston, Capt. Isaac Jones.
M( dford, Mr. James Wyman.
Stow, Dr Charles Whitman.
Hopkinlon, Capt. Walter McFar-

land.
Westford, Deacon Samuel Fletcher.
Wailham, Mr. Abner Sanderson.
Qroton, Dr. Benjamin Morse.
Pepperrell, Mr. Joseph Heakl.

Townsend, Capt. Daniel Adams.
Draeut, Parker Varnum, Esq.
Bedford, Mr. John Webber.
Holliston, Samuel Park, Esq.
Acton & Carlisle, Mr. Thomas

Noyes.
Lincoln, Hon. Eleazer Brooks, Esq.
Wilmington, Capt. John Harnden.
Tewksbury , Dea. Ezra Kindell.
Littleton, Lieut. Samuel Read.
East Sudbury, Mr. Pliineas

Gleasen.

County of Hampshire.

Springfield, Samuel Lyman, Esq.

Long Meadoiv, Mr. William Steb-
bins

West Springfield, Dr. Jonathan
White,' and Capt. John Wil-
liston.

irz76ra/;rmj,Capt.Phineas Stebbins

Northampton and } Mr. Benjamin
( Sheldon.

Easthampton, I Col. William
J Lyman.

Hadley, Capt. Oliver Smith.

South Hadley, Hon. Noah Good-
man, Esq.

Amherst, Mr. Daniel Cooley.

Hatfield, Mr. Benjamin Smith.

Whately, Mr. Jos'iah Allis.

Williamsburgh, Mr. William Bod-
man .

Westfield, Mr Samuel Fowler.
John Ingersol, Esq.

Beer field, Mr. Jonathan Hoit.

Greenfield, David Smead, Esq.

Shelburne, Lieut. Robert Wilson.

Conway, Lieut. Robert Hamilton.

Sunderland, Mr. Giles Hubbard.

Northfield, Capt. Elisha Hunt.

Brimfield, Capt. Jacob Browning.

Monson, Capt. Abel Goodell.

Pelham, Lieut. Joseph Packard.

Greemoich, Nehemiah Stebbins,
Esq.

Southampton, Capt. Lemuel Pom-
eroy.

Blanford, Deacon Robert Blair.

Granville, Timothy Robinson, Esq,
and Mr. Titus FoAvlcr.

New Salem, Lieut. Ezekiel Kel-
logg, jun.

Belchertoivn, Deacon Joseph Smith.

Colrain, Col. Hugh Mc'Clallen.

Ware, Mr. Daniel Gould.

Chester, Deacon Jesse Johnson.

Ashfield, Mr. Chiliab Smith, jun.

Worthington, Mr. Jonathan Brew-
ster.

Shutesbury, Mr. Asaph Lyon.

Chesterfield, Col. Benjamin Bon-
ney.

Souihioick, Dr. Isaac Coit.

Ludlow, Mr. John Jennings.

Leverctt, Capt. Stephen Ashley.

Weslhaivpton, Mr. Sylvester Judd.

Cumminglon, Capt. William Ward.

Buckland, Capt. Thompson Max-
well.

County of

Plymouth, Joshua Thomas, Esq.

Mr. Thomas Davis.
Sciluate, Capt. Enoch Collamore.
Duxborough, Mr. Zedekiah Sanger.
Marshfield, Capt Joseph Bryant.
Bridqewater, Capt. Elisha Mitch-
ell.

Plymouth.

Middlcborough, Josiah White, Esq ;

Noah Fearing, Esq ;

Mr. Perez Thomas.

Mr. Ebenezer Wood.
Rochester, Mr Abraham Holmes.

Capt. Nathaniel Hammond.
Plympton, Capt. Francis ShurtliiL

G66

1787. — May Session.

REPRESENTA TIVES — Continued.
County of Plymouth — Concluded.

Pembroke, Mr. Samuel Gould. Hanover, Capt. Lemuel Curtis.

Kingston, Cajit. Ebenezer Wash- Abington, Mr Jacob Smith, jun.
burn. Wareham, Capt. David Nye.

County of Barnstable.

Barnstable, Mr. Lot Nye. Hanvich, Hon. Solomon Freeman,
Sandwich, Thomas Bourn, Esq. Esq.

Dr. Thomas Smith. Wellfleet, Capt. Jeremiah Bick-
Yarmoulh, Mr. Jonathan Howes. ford.

County of Bristol.

Taunton, Col. Nathaniel Leonard.
Rehobeth, Mr. Phanuel Bishop.

Mr. Frederick Drown, and

Mr. William Winsor.
Swanzey, Mr. Christopher Mason.

Mr. James Luther, jun.
Dartmouth. Mr. Giles Slocum, and

Mr. David Willcox.
Norton, Mr. Seth Smith, jun.

Mansfield, Capt John Pratt.
Attleborough, Mr. William Stanley.
Dighton, Col. Silvester Richmond.
Freeton, Mr. Ambrose Barnaby,

and Capt. Jail Hathway.
Raynham, Mr. Josiah Dean.
Easton, Col. Abiel Mitchell.
Berkley, Mr. John Babbitt.
Neiv Bedford, Col. Seth Pope.

No returns.
No returns.

County of Dukes-County.
County of Nantucket.
County of Worcester.

Worcester, Capt. Samuel Brooks.
Lancaster, Mr Michael Newhall.
Mendon, Edward Thompson, Esq ;
Brookfield, Mr. Daniel Forbes.

Mr. Nathaniel Jenks.
Oxford, Capt. Jeremiah Learnard.
Charlton, Capt. Samuel Robinson

and Mr. Caleb Curtis.
Sutton, Amos Singletary, Esq ;

Dr. James Freeland

Dea. David Harwood
Leicester, Col. Samuel Denny.
Spencer, Lieut. James Hathway.
Rutland, Rufus Putnam, Esq.
Paxton, Mr. Abraham Washburn.
Oakham, Capt Jonathan Bullard.
Barre, Capt. John Black.
Hubbardston, Mr. William Muzzy.
New Braintree, Mr. Benjamin

Joslyn.
Soulhborough, Capt. Seth Newton.
Westborough, Capt. Stephen May-

nard.
Norlhborough, Capt. Isaac Davis.
Shrewsbury, Capt. Isaac Harring-
ton.
Lunenburgh, Capt. John Fuller.

Fitchburgh, Dea. Daniel Putnam.
Uxbridge, Dr. Samuel Willard.
Harvard, Josiah Whitney, Esq.
Dudley, Mr. Jonathan Day.
Bolton & Berlin, Mr. Simon

Houghton.
Upton, Capt. Thomas Marshall

Baker.
Slurbridge, Mr. Joshua Harding,

jun.
Leominster, Major David Wilder.
Hardwick, Major Martin Kingsley.
Holden, Mr. Josiah Stratten.
Western, Capt. Isaac Gleason.
Douglass, Hon. John Taylor, Esq ;
Grafton, Col. Luke Drury.
Petersham, Jonathan Grout, Esq ;

Capt. Samuel Peckham.
Royalston, John Frye, Esq ;
Westminster, Mr. Josiah Puffer.
Tcmpleton, Capt. Ezekiel Knowl-

ton.
Princeton, Hon. Moses Gill, Esq;
Ashburnham, Mr. Jacob Willard,
Northbridge, Capt Josiah Wood.
Winchendon, Hon. Abel Wilder,

Esq ;

1787. — May Session. 667

REPRESENTATIVES— Concluded.
County of Worcester — Concluded.

Ward, Capt. Samuel Eddy. Sterling, Capt. Benjamin Richard-

Alhol, Deacon Jesse Kendall. son.

Milford, Mr. David Stearns. Boylslon, Lieut. Jonas Temple.

County of York.

York, Capt. Esaias Preble. Pepperrelboro\ James Scammon,
Kittery, Mr. Mark Adams. Esq;

Wells, Capt. Joseph Hubbard. Sandford, Major Samuel Nasson.

Arundel, Thomas Perkins, Esq. Buxton, Jacob Bradbury, Esq;

Biddeford, Jeremiah Hill, Esq. Fryburgh, Mr. Moses Ames.

County of Cumberland.

Portland, Mr. John Fox. Gorham, Hon. Josiah Thatcher,

Falmouth, Joseph Noyes, Esq ; Esq ;

North Yarmouth, Samuel Merrill, New Gloucester, Mr. William

Esq ; Wedgery.
Scarborough, William Thomj>son,

Esq;

County oj Lincoln.

Pownalborough, Mr. David Syl- Bristol, William Jones, Esq;

vester. Hallowell, Mr. Daniel Cony.

New Castle, Major John Farley. Machias, Mr. David Gardiner.
Boolhbay, William McCobb, Esq ;

County of Berkshire.

Sheffield, John Ashley, jun. Esq ; Egremont, Capt. David Ostrom.

Great Barringlon, Major William Becket, Nathaniel Kingsley, Esq ;

King. Wesl-Stockbridge, Col. Elijah Wil-
Stockbridge, Hon. Theodore Sedg- liams.

wick, Esq ; Alford, Capt. William Brunson.

PjWs/?eW,HenryVanSchaack,Esq; Neiv-Marlborough, Capt. Daniel

Capt. David Bush. Taylor.

Richmond, Mr. William Lusk. Tyringham, Mr. Benjamin Warren.

Lenox, AVilliam Walker, Esq ; Louden, Mr. Joshua Lawton.

Lanesborough, Col. Jonathan Windsor, Harmon Briggs, Esq ;

Smith, and Pairidgefield, Mr. Henry Badger.

Mr. William Starkweather. Washington, Azariah Ashley, Esq ;

Williamstown, Hon. Thorn p. J. Sandisfield, Mr. James Ayrault.

Skinnei*, Esq ; Lee, Capt. Josiah Yale.
Adams, Capt. Reuben Hinman.

Chapter 1.*

RESOLVE ON THE LETTER FROM THE HONOURABLE MAJOR-
GENERAL LINCOLN, GRANTING THE PRAYER OF HIS RE-
QUEST.

Upon the letter of the Houoble Major General Lincoln,
to the honble Mr. Sedgwick:

Resolved, that it is the opinion of this Court, that the
request of Major General Lincoln, as contained in the

* Taken from court record.

Chap. 1

668 1787. — May Session.

letter, may be complied with, consistent with the safety
of the Commonwealth, and that the said letter be trans-
mitted to the Governor. June 5, 1787.

Chap. 2 Chapter 2.*

[May Session, ch. 2, 1787.]

Chap. 3 Chapter 3.*

[May Session, ch. 3, 1787.]

Chapter 4.

Cliai) 4 RESOLVE EXPRESSING THE SENSE OF THE TWO HOUSES, THAT
"' THE COUNSELLORS FOR THE LAST YEAR ARE COUNSELLORS

FOR THE TIME BEING, AND UNTIL A NEW COUNCIL SHALL
EXIST.

Resolved, that it is the Sense of the Senate, that the
Counsellors for the last Year, are Counsellors for the time
being, for the purpose of administering the Oaths to the
Members of the General Court, until a new Council shall
be qualified & exist. June 6, 1787.

Chapter 4a.|
Chan 4a resolve on the petition of ezra jewell of amesburt

"' TO NOTIFY JOHN HUNT TO SHEW CAUSE, &.c.

On the petition of Ezra Jewell of Amesbiiry , praying
that Judgment rendered against him at the Court of Com-
mon pleas held at Concord March 14 1786 in the County
of Middlesex in favour of John Hunt iriay be set aside,
& a new tryal granted, for reasons mentioned in the said
Petition —

Resolved, That the Petitioner give notice to the said
JoJin Hunt, by serving him with an attested Copy of the
said Petition, & of this Resolve ; by leaving the same at
his last & usual place of Abode, seven Day, at least
before the fourth Wednesday of the present Session of the
general Court ; that he may on the said fourth Wednes-
day, show cause if any he has, why the Prayer of the said
Ezra Jewell should not be granted. — and that execution
be staid in the mean time — June 6, 1 787.

Chap. 5 Chapter 5.*

[May Session, ch. 5, 1787.]
* Governor's message, see end of volume. t Not printed in previous editions.

1787. — May Session. 669

Chapter 6.

RESOLVE ON THE PETITION OF SAMUEL F1SK. CIlCtp. 6

On the petition of Samuel Fish, praying that a letter
of administration granted to him, the 10th of March, 1784,
by the Judge of Probate for the County of Middlesex, on
the estate of Bradyl Smith, may be confirmed, for reasons
set forth in the said petition :

Resolved, that the letter of administration granted on
the tenth day of March 1784, by the honorable Oliver
Prescot, Esqr ; Judge of Probate for the County of Mid-
dlesex, to Samuel Fish, on the estate of Bradyl Smith,
late of Weston, deceased, be, & it is hereby declared to
be good & valid, any variation in point of form, from an
Act which passed on the sixth day of February preceeding
the date of the said letter, notwithstanding.

And it is further Resolved, that the doings of the said
Samuel Fish, as administrator on the aforesaid estate,
wherein he has proceeded according to law, be, and
hereby are established & confirmed, any defect which
may have been in his letter of administration aforesaid
notwithstanding. June 7, 1787.

Chapter 7.

RESOLVE ON THE PETITION OF GEORGE HALL, ALLOWING (J]iar> 7
HIM PAY FOR HIS SERVICES AS A MATE IN THE HOSPITAL * '

DEPARTMENT FOR THE MILITIA.

On the Petition of George Hall, praying compensation
for his services as a Mate in the Hospital Department for
the Militia, he having been omitted in the Roll of that
Department :

Resolved, That the said George Hall, be made up from
the 8th of Jan? 1787, to the 9th of February following,
being the Time he served, agreeably to the Establishment.

June 7, 1787.

Chapter 8.

RESOLVE APPOINTING JAMES DEANE, A SUPERINTENDANT TO fllf^ Q
SUPERINTEND AND APPROVE A PURCHASE TO BE MADE Kj'UllJ' °
OF THE NATIVES BY SAMUEL BROWN, ESQ; AND HIS
ASSOCIATES, &c.

Resolved, That Mr. James Deane be, and he hereby is
appointed a superintendant to superintend, and if he see

670 1787. — May Session.

cause, approve a purchase to be made of the natives by
Samuel Brown, Esqr ; & his associates, or such person or
persons as have been or may be by them appointed, of a
Tract of Land in the western Country, laying between the
rivers chenango and oicego, equal to ten townships of six
miles square. June 8, 1787.

Chapter 9.

Chan. 9 RESOLVE OX THE petition of the soldiers composing

1 ' THE GARRISON AT CASTLE ISLAND, DIRECTING THE TREAS-

URER TO DISCHARGE ANY WARRANTS DRAWN, OUT OF THE
SPECIE PART OF THE TAX GRANTED IN MARCH 1736.

On the Petition of the Soldiers Composing the Garri-
son at Castle Island :

Resolved, that the prayer of the Petition be so far
granted, That the Treasurer be, & he is hereby directed,
to discharge any Warrants that are or may be drawn on
him for the pay of the Said garrison, out of the Specie
part of the Tax granted for the use of Government in
March 1786, provided the same shall not amount to more
than Six months pay for the Said garrison.

June 11, 1787.

Chapter 10.

Chap. 10 RESOLVE EMPOWERING THE ADJUTANT GENERAL TO PROCURE
^' BLANK WARRANTS FOR SERJEANTS.

Whereas by the Law for Regulating and Governing the
Militia within this Commonwealth it is provided, that
each Serjeant shall receive a Warrant from his Colonel ;
And it being necessary that the Several Colonels of Militia
should be furnished with Blanks for the said purpose :

liesolved, That the Adjutant General be, and he is
hereby impowered, to procure Blank Warrants Sufficient
to furnish each Serjeant with one, agreeable to the Militia
Law ; And lay his Account before the General Court for
allowance and payment. June 11, 1787.

Chapter 11.

Chan 11 resolve on the petition of JOHN chaloner, granting

1 ' HIM THREE POUNDS PER MONTH, UNTIL FURTHER ORDER.

Upon the Petition of John Chaloner, setting forth, that
being called for as one of the Militia, to defend the Fed-

1787. — May Session. 671

eral Arsenal at Springfield, under the command of Gen-
eral Shepherd, on the 18th of January last,, he had the
direction of a Cannon, which upon the approach of Shays,
& his party, to attack said Post, was by accident dis-
charged, whereby the said Chaloner lost both his Arms,
so as to render him utterly incapable of ever assisting
himself in future, or doing any thing for his support, and
praying such an allowance for his future subsistance as
his circumstances require :

Resolved, That there be allowed & paid out of the treas-
ury of this Commonwealth, to the said John Chaloner,
three pounds, per month, quarterly, till the further order
of the General Court, the first quarterly payment to be
considered as due the first day of June current, and the
amount thereof to be charged to the United States.

June 11,1787.

Chapter 12.

RESOLVE ON THE PETITION OF SOLOMON FREEMAN, IN BE- (JJian \2
HALF OF THE TOWN OF HARWICH, DIRECTING THE TREAS- ^'

URER TO CREDIT SAID TOWN WITH A CERTAIN SUM.

On the Petition of Solomon Freeman, In behalf of the
Town of Harwich, Praying that a fine Set on sl1 Town In
the year 1783, for not Sending A Representative, May be
Abated, for Reasons Set forth In the s^ Petition :

Resolved, that the Prayer of the Petition be Granted,
& that the Treasurer of this Commonwealth be, & he is
hereby Directed, to Credit the s^ town of Harwich, the
Sum of Forty four Pounds Eight Shillings & four Pence,
Laid on the sd- Town as aforesaid. June 11, 1787 .

Chapter 13.

RESOLVE ON THE PETITION OF WILLIAM WARD, IN BEHALF
OF THE TOWN OF CUMMINGTON.

On the petition of William Ward, in behalf of the
Town of Oummington, praying for a Committee to settle
the east line of said Town :

Resolved, That Noah Goodman, Esqr ; Mr. William
Bodman and Mr. Jonathan Brewster, be a Committee to
repair to the Town of Cummington, to ascertain the East
line thereof at the expence of the said Town, and make
report at next Session of the General Court after the said
business shall be compleated. Jane 11, 1787.

Chap. 13

672 1787. — May Session.

Chapter 14.

(JJiap. 14 RESOLVE ON THE PETITION OF MOSES CUTLER, AND ELEVEN
-* ' OTHERS, INHABITANTS OF THE TOWN OF HOLL1STOX, RE-

LEASING THEM FROM PAYING ANY MINISTERIAL TAXES, &c.

On the petition of Moses Cutler and eleven others,
inhabitants of the town of Holliston, praying to be released
from paying ministerial charges, & from paying any
charges of building and repairing meeting houses ; and by
the votes of the said town, accompanying the petition, it
appears they have agreed thereto.

Resolved, That Moses Cutler, Asa Leland, Simeon
Littlefteld, Enoch Chamberlain, Reuben Fairbanks, Abner
Leland, JVahum Clark, Ebenezer Cutler, John Claflin,
Asa Rider, Jason Chamberlain (£ William Chamberlain,
with each of their polls & estates, be, and hereby are
released from paying any ministerial charges, & from pay-
ing any charges of building or repairing of meeting houses,
in the said town, in future, and notwithstanding such
release, all rates & assessments on the remaining inhab-
itants, for the purposes aforesaid (provided they are other-
wise according to Law) shall be good and valid to all
intents & purposes, any Law or Resolve to the contrary
notwithstanding. June 11, 1787.

Chap.l4:A

Chapter 14a.*

RESOLVE ON THE PETITION OF GEORGE WILLIAMS TO NOTIFY
SAMUEL CURTIS.

On the Petition of George Williams praying that a
Judgment rendered against him by /Samuel Curtis, Esqr
one of the Justices of the peace for the County of Mid-
dlesex, on the thirtieth day of April last past, may be set
aside for reasons.

Resolved, that the prayer of the said petition be so far
granted as that the petitioner notify the said Joel Brig-
ham, by serving him with an attested Copy of his said
Petition and this Resolve thereon, seven days at least
before the fifth Wednesday of the present Session of the
general Court, that he may then shew Cause (if any he
has) why the prayer of the said Petition should not be
granted, & that Execution be stayed in the mean time.

June 11, 1787.
* Not printed in previous editions.

1787. — May Session. 673

Chapter 15.

RESOLVE ON THE PETITION OF THE HON. FRANCIS DAXA, (JJiap. 15
ESQ; GRANTING HIM LIBERTY OF ABSENCE.

On the petition of the honorable Francis Dana, Esqr ;
one of the Justices of the Supreme Judicial Court, praying
for leave of absence from the Commonwealth, for the pur-
pose of recovering his health.

Resolved, That the said Francis Dana, Esqr; have lib-
erty to be absent from the Commonwealth untill such
time as he shall have so recovered his health, as to be able
to discharge the duties of his important Office.

June 12,1787.

Chapter 16.

RESOLVE REQUESTING THE GOVERNOR TO DIRECT THE COM- Qfrn^ \Q
MANDING OFFICER STATIONED IN THE COUNTIES OF HAMP- * '

SHIRE AND BERKSHIRE, TO FURNISH GUARDS TO THE
COMMISSIONERS TO SETTLE THE BOUNDARY LINE BETWEEN
THIS STATE AND NEW- YORK.

Resolved, that his Excellency the commander in chief,
be requested to direct the commanding officer of the
troops stationed in the Counties of Hampshire & Berk-
shire, to furnish such guards from time to time, as the
Commissioners for running the line of jurisdiction between
this State and the State of New York, on the easterly
part of the said State of New York, may require.

June 15,1787.

Chapter 17.

RESOLVE INSTRUCTING THE COMMITTEE FOR METHODIZING njJ(71) 17
ACCOUNTS, TO PREPARE THE ACCOUNTS OF MONIES AD- KjlalV'
VANCED TO THE FEDERAL TROOPS, AND FORWARD THEM
TO THE DELEGATES OF THIS STATE IN CONGRESS.

Resolved, that the Committee for stating & methodizing
the public accounts, be instructed to prepare the accounts
of monies advanced towards raising the federal troops, &
forward them without delay to the Delegates of this State
in Congress, who are instructed to procure the same to be
passed to the credit of this State, towards our quota of
the specie requisition for the year 1785. June 15, 1787.

Chapter 18.

RESOLVE ON THE PETITION OF A COMMITTEE OF THE FIRST CJiaV 18
PARISH IN CAMBRIDGE. *■ '

On the Petition of a Committee of the first parish in
Cambridge, praying that the inhabitants of that parish,

674 1787. — Mat Session.

living between Charles and Menottomy rivers, & within the
town of Cambridge, which limits comprehend the first com-
pany of militia in that town, may be authorized to raise
by tax the sum of Forty Pounds, by assessors chosen
from among themselves, for the purpose of equalizing
the expence of raising & equipping the men, sent from
that company in pursuance of the orders of his Excellency
the Governor, during the last winter, for the purpose of
restoring tranquillity to the three western Counties of
this Commonwealth ; Also that the same inhabitants may
be authorized to raise in like manner, the further sum of
Fifty Three Pounds, for the purpose of discharging the
arrears of the expence incurred by raising & equipping
men from the said company of militia for the Continental
army, during the late war :

Resolved, That the inhabitants of the before described
part of the first parish in Cambridge aforesaid, who are
qualified to vote in town affairs, be, & they hereby are
authorized to raise by tax on the polls & estates within
the said limits, the sum of Ninety three Pounds, to be
assessed by assessors to be chosen from among them-
selves, & when the list shall be finished & authenticated
by the said Assessors, they are authorized to deliver the
same to the Collector of taxes for the said parish, who is
hereby required to collect the same, & to pay his collec-
tions to the parish Treasurer, to be disposed of, according
to the order of the said Inhabitants, or a Committee to
be by them appointed : And all officers concerned in as-
sessing, levr3ring, & disposing of this tax, shall have the
same authority, right, power & jurisdiction, as similar
officers have, with regard to any parish tax by any law
now in being. June 16, 1787.

Chap.

Chapter 19.*

REPORT OF COMMITTEE RESPECTING THE DIVIDING THE
COUNTY OF LINCOLN, INTO THREE DISTRICTS, &c. AND
ORDER DIRECTING THE SECRETARY TO TRANSMIT A COPY
TO EACH TOWN AND PLANTATION IN SAID COUNTY, THAT
THEY MAY SHEW CAUSE, &c.

The Committee of both Houses, on the Governor's
message of the 4th inst. accompanied with a report of
the Commissioners appointed the 6th July last, to treat

* Tke above report was first acted upon November 16, 1786.

1787. — May Session. G75

with the Penobscot Tribe of Indians, and for certain other
matters respecting the county of Lincoln, beg Leave
further to report.

That in the Opinion of your Committee, it will be ex-
pedient That the present County of Lincoln, be hereafter
formed into Three distinct Counties, and that the dividing
Lines of the said Counties be now established, as the Es-
tablishment of those Lines would much facilitate the
laying out of Townships, so as to prevent many Incon-
veniences in future that might otherwise arise — and until
those Counties be incorporated, that the present County
of Lincoln, remain in all other Respects as at present, —
and that the dividing Lines of the intended Counties be
as follows, Viz. The first County to be bounded on the
one Side by the County of Cumberland, and the dividing
Line between the said First County and the Second, to
begin on the Atlantic Ocean, at the West Bounds of the
Town of Thomaston, thence running Northerly by the
West Line of said Town, to the Southeasterly Corner of
the Town of Warren, to the Town of Union, then by the
East Line of the last mentioned Town, to the Northeast
Corner of the same, then North Seven Degrees East, to
the North Line of Waldo's Patent, so called, then North
to the High Laiads. The dividing Line between the Sec-
ond or Middle County, and the Third, to begin on the
Atlantic Ocean, and extend Northerly with the Western
Bounds of GoUUborough, to Township Number Two,
thence with the South Line of that Township, to the
Eastern Bounds thereof, — then with the said eastern
Bounds as far as the Town extends — then on the same
Course North, to the High Lands The Third or Eastward
County to comprehend all the Lands within this Common-
wealth, to the Eastward of the Line last described, —
And that the Shire Towns of the said Counties, when in-
corporated agreable to the above Division, be as follows,
Viz. The Shire Town of the First County to be at Pow-
nalborough, The Shire Town of the Second or Middle
County, to be at Number Three on Penobscot River, and
the Shire Town of the Eastern County, to be at Machias.

Your Committee are further of Opinion, that it will be
expedient, that a Road should be opened from Penobscot
River, to the Bay of Passamaquady , near the mouth of
Schooduck, agreable to the Report of the Commissioners
aforementioned, and that Provision be made for that Pur-

676 1787. — May Session.

pose, at the next Sitting of the General Court. It ap-
pears by the Report of the said Commissioners, that some
of the Plantations in the said County of Lincoln, com-
plain that by reason of the Laws not being forwarded to
them, they are ignorant of the Mode of assessing the late
Tax ; to remove this, and prevent a similar complaint in
future, your Committee apprehend that it is necessary that
the Treasurer be directed to furnish such deficient Planta-
tions in this Commonwealth, with the Laws and Eesolves
that shall from Time to Time be passed.

Your Committee having considered the several Matters
contained in his Excellency's Message, with the Papers
accompanying it, except what relates to certain irregular
Marriages mentioned by the said Commissioners ; it is
their opinion that this be referred to future consideration,
and ask leave to be discharged.

COTTON TUFTS, per order.

Read and accepted, and

Ordered, that the Secretary transmit to the several
Towns and Plantations in the County of Lincoln, a Copy
of such part of this report, as respects a division of that
County, that they may appear on the second Wednesday
in November next, if the General Court shall be then sit-
ting, otherwise on the second Wednesday of the next ses-
sion of the same Court after the said second Wednesday
of November, to shew cause, if any they have, why the
County of Lincoln shall not be divided into three seperate
Counties, in the manner proposed. June 15, 1787.

Chap. 20

Chapter 20.

RESOLVE ON THE PETITION OF HEZEKIAH SMITH.

Upon the Petition of Hezekiah Smith, praying that he
may receive Compensation, on Account of his being
ejected from a certain Estate which was conveyed to him
by the Committee for the Sale of Absentees Estates for
the County of Essex; for reasons set forth in his Petition,

Resolved, That the Attorney General be, & he is hereby
authorized, & directed, to agree with the said Hezekiah
Smith, on three good & disinterested men, to determine
what Damages the said Hezekiah Smith is entitled to re-
ceive, by means of his being ejected from an Estate,
which was confiscated, as belonging to one John Gould,

1787. — May Session. 677

& sold to the said Hezehiah Smith by the Committee afore-
said, but which Judgment of Confiscation was afterwards
reversed by the Supreme Judicial Court, The Men ap-
pointed as aforesaid, to hear the Parties, their several
pleas & allegations, and make report to his Excellency
the Governor and the Honble the Council, of the full sum
which the said Hezehiah Smith ought to receive for his
being ejected as aforesaid — -And his Excellency the Gov-
ernor is hereby empowered & requested, by & with the
advice & consent of Council, to issue his Warrant on
the Treasurer in favor of the said Hezehiah Smith, for
the sum which shall be reported as aforesaid, & the same
shall be in full Satisfaction for any Damages the said
Smith may have received on Account of the Premises
aforesaid. June 15> 1787.

Chapter 21.*

RESOLVE FOR RAISING FROM THE TROOPS IN SERVICE IN THE Hftfij) 21
WESTERN COUNTIES, 500 MEN, AND NOT MORE THAN 800, FOR -* '

THE PROTECTION OF SAID COUNTIES, AND ALSO PARDONING
AND INDEMNIFYING A CERTAIN DESCRIPTION OF CITIZENS,
EXCEPTING NINE.

Whereas it appears to this Court, that a considerable
number of persons concerned in the rebellion and now
lurking in the neighbouring States, do frequently enter '
into parts of the western counties, and commit robberies,
burning of buildings, and other outrages, and threaten
the peaceable and well-aftected ; whereby it has become
absolutely necessary for their protection and security,
that a force should be raised and kept in service, so long
as the present circumstances shall continue.

Resolved, that his Excellency the Governor be, and he
hereby is requested, to raise by detachment from the
militia, or by voluntary inlistment from the troops now
in actual service (if practicable,) and if not, from the
citizens at large, a body of troops not less than five hun-
dred men, nor more than eight hundred men, rank and
file, as the public exigency, in his Excellency's opinion,
shall require ; to be formed into one regiment, and prop-
erly officered, to be stationed in the Counties of Hamp-
shire and Berkshire, and in such places in those Coun-
ties, as the commanding Officer, under the direction of

* Taken from court record.

678 1787. — Mat Session.

his Excellency, shall determine, and to be continued in
service for six months, unless sooner discharged, in whole
or in part, by the Governor, with the advice and consent
of Council.

And whereas it is the intention of this Court, not only
to adopt every vigorous and efficacious method necessary
to suppress the present traiterous opposition to the laws,
and to restore peace and harmony to the Commonwealth,
but also to repeat the offers of grace and mercy to the
penitent citizen, and to extend the same as far as may be
consistent with the true interest of this Commonwealth,
and the security of her citizens in future :

Therefore it is further Resolved, that each and every
citizen of this Commonwealth, who have committed any
treasons, or misprisions of treason, against the Common-
wealth, since the first day of June, A. D. 1786, be, and
they are hereby pardoned and indemnified for the same,
and for all felonies which have been perpetrated since the
time aforesaid, by any of the said Citizens, in the com-
missions of such treasons, and which are overt acts of the
same : And each and every of the citizens aforesaid, are
hereby discharged of all the pains, penalties, disqualifi-
cations and disabilities of the law in such cases provided :
and any of the citizens aforesaid, may upon trial for any
of the said offences, give this resolution in evidence upon
the general issue, which shall have the same operation, as
if specially pleaded, except as herein after provided.

And it is further Resolved that all and every of the citi-
zens aforesaid, be, and they hereby are restored to all the
rights and privileges of citizens, to all intents and pur-
poses whatever; any act or acts, resolution or resolutions,
of the General Court, heretofore passed to the contrary
notwithstanding, which acts and resolutions, so far as they
affect the rights and privileges aforesaid, are hereby re-
pealed and made void.

And it is further Resolved, that any of the citizens
aforesaid, who have heretofore delivered up their arms,
upon receiving a pardon or indemnit}", or a promise of a
pardon or indemnity, by force, or in pursuance of any
act or resolution of the General Court of this Common-
wealth, or who have had their arms taken from them, by
any person or persons acting under the authority of this
Government, shall be intitled to receive the said arms
upon application to the officer under whose care the same

1787. — May Session. 679

are deposited, and such officer is hereby directed to de-
liver the same accordingly.

Provided nevertheless, that nothing in these resolutions
shall extend to, or in any manner avail Daniel Shays, of
Pelham, in the County of Hampshire, Gentleman, Luke
Dai/, of West Springfield, in the same County, Gentle-
man, Lieutenant Colonel William Smith, of the same
County, Eli Parsons, of Adams, in the County of Berk-
shire, Gentleman, Perez Hamlin, of Lenox, in the same
County, yeoman, Elisha Manning, of a place called the
Eleven Thousand acres, in the same County, yeoman,
David Dunham, of Sheffield, in the same County, yeo-
man, Ebenezer Crittenden, of Sandisfield, in the same
County, yeoman, and Jacob Fox, of Washington, in the
same County, Gentleman ; but they and each of them
shall be liable to be tried, convicted and punished for any
of the offences aforesaid, in the same manner as if these
resolutions had not been made. — And

provided farther, that nothing in these resolutions shall
extend to, or in any manner avail any of the citizens
aforesaid, who not having taken and subscribed the oath
of Allegiance to this Commonwealth, since the first day
of June, A. D. 1786, shall not take and subscribe the
said oath before any Justice of the Peace within the Com-
monwealth, on or before the twelfth day of September
next : and a certificate of such oath shall be transmitted
b}' the Justice, before whom the same shall be taken and
subscribed, to the Secretary, to be deposited in his office.

And it is further Resolved, that nothing in these reso-
lutions shall extend, or be construed to extend to any per-
son or persons whatever, who stand convicted of any of
the offences aforesaid, by due course of law, but the
power of pardoning the same, remains subject to the dis-
cretion of the Governor, with the advice and consent of
Council, agreeably to the Constitution of this Common-
wealth.

And it is further Resolved, that nothing in these reso-
lutions shall extend, or be construed to extend to bar any
civil action already commenced or which may be hereafter
commenced Nfor the recovery of damages occasioned by
the commission of any of the offences aforesaid, but such
action may be commenced or prosecuted to final judge-
ment and execution, in the same manner as if these reso-
lutions had not been passed. June 15, 1787.

G80 1787. — Mat Session.

Chapter 22.

Chan 22 resolve requesting the governor to issue his procla-

"' MATION, PUBLISHING INDEMNITY AND PARDON AGREEABLY

TO THE RESOLUTION OF THE 13th INSTANT.

Resolved, that his excellency the Governor, be requested
to issue his proclamation publishing indemnity & pardon,
agreably to the Resolution of the General Court, of the
13th instant, and give the necessary directions relative
thereto. June 15, 1787.

Chapter 23.

Chap. 23 RESOLVE ON THE PETITION OF THE TOWN OF DUNSTABLE.

Whereas the first and Second Parishes in the Town of
Dunstable, have Petitioned this Court, that a resolve that
Passed the General Court, in the year 1755, incorporating
the Second Parish in the Said town, may be repealed;
and it appearing to this Court reasonable, that the prayer
of the said Petition should be granted : Therefore,

Resolved, that the Resolve that Passed the General
Court, in the year 1755, for incorporating the Second
Parish in the Town of Dunstable, be, and it hereby is re-
pealed : Provided Notwithstanding,

and be it further Resolved, that each of the aforesaid
Parishes Shall be, and they are hereby authorized, in their
seperate capacitys respectively, to collect all debts, which
may be now due to them, and shall be held to pay all Just
demands against them severally, in the same manner, as
tho this resolve had never passed. June 16, 1787.

Chapter 23a.*

Chan 23a resolve granting one hundred and fifty pounds to the

"" COMMISSIONERS ON THE MASSACHUSETTS AND NEW YORK

BOUNDARY LINE.

Resolved that the further sum of one hundred and fifty
pounds be granted to the Commissioners appointed to
settle the boundary line between this State & the State
of New York on the easterly part of the State of New
York, for the purpose of settling the said boundary line,
the said Commissioners to be accountable therefor.

Jane 16, 1787.
* Not published in previous editions.

1787. — May Session. 681

Chapter 24.

RESOLVE ON THE PETITION OF JOSEPH AARON, AN INDIAN. Chap. 24

on the Petition of Joseph Aaron, an Indian man, Pray-
ing for Liberty to sell eight acres of Land, for reasons
sett forth in the said Petition :

Resolved, that the Guardians for the said Joseph, be,
arid they hereby are impowered, to sell the aforesaid
Land, by publick Vendue or private Sale, as they shall
think best, and Execute a good deed or deeds, to the
Purchaser or Purchasers of the aforesaid Land ; the
money arising by the said Sale, to be appropriated to the
use of the said Joseph, at the Discretion of the said
Guardians, they being accountable for the same.

June, 16, 1787.

Chapter 25.

RESOLVE ON THE GOVERNOR'S MESSAGE, DIRECTING THE COM- CjhnrQ 25
MITTEE FOR METHODIZING ACCOUNTS, TO PREPARE WITH ^'

ALL SPEED, THE ACCOUNTS AGAINST THE UNITED STATES,
IN ORDER TO BE LAID BEFORE THE COMMISSIONER AP-
POINTED BY CONGRESS.

Whereas Congress, by their Ordinance of May 7, 1787,
Ordained, that the several States, be, & they are therein
limited to the space of 6 months, for exhibiting to the
proper Commissioner, their Claims against the United
States, of whatever nature the same may be ; And Whereas
a Commissioner for this district may soon be expected to
settle the Acco'i of this State against the United States,

Therefore, Resolved, That the Committee for stating &
methodizing the publick Acco'i of this Commonwealth, be
directed to prepare, as soon as possible, the acco_ against
the United States, in order to be laid before the Commis-
sioner appointed by Congress, to liquidate & settle the
same. June 18, 1787.

Chapter 26.

RESOLVE EMPOWERING THE COMMISSARY AND QUARTER-MAS- QJiaj) 26
TER-GENERAL TO PASS UPON SUCH ACCOUNTS OF SUPPLIES, ^'

AS MAY BE EXHIBITED BY THE SELECTMEN OF THE SEVERAL
TOWNS.

Whereas the Selectmen of Several Towns in this Com-
monwealth, have supplied many specific articles, to the

682 1787. — May Session.

Troops which have been raised for the service of the Gov-
ernment, in the Quarter Master General, and Commissary
General's departments ; and the circumstances attending
the business, have been such, that official vouchers could
not in all cases be obtained : therefore,

Resolved, that the Commissary General, and the Quarter
Master General be, and they are hereby respectively
empowered, to pass all such Accounts as may be exhib-
ited by Selectmen for Sup (dies furnished the Troops in
the service of the Government, on proper application
therefor, as shall appear to them to be just and reasonable,
the said Accounts not being accompanyed with official
Vouchers notwithstanding, provided the Commissary Gen-
eral & Quarter Master General, respectively, have satis-
factory Evidence of the Truth of such Accounts.

June 18, 1787.

Chapter 27.
Chan 27 RES0LVE 0N THE petition of Joseph McLellax, empow-

1 ' ERING HIM TO SELL THE ESTATE MENTIONED.

on the petition of Joseph McLellan, praying that certain
real Estate in the County of Cumberland, may be sold ;
for reasons set forth in the said petition,

Resolved, that Joseph McLellan, agent on the Estate
of John Martin, late of Falmouth, in the County of Cum-
berland, an absentee, be, and he is hereby empowered, to
Sell the whole of the real Estate, belonging to the said
Martin, which was adjudged to escheat to the Common
Wealth, at a Court of Common pleas holden at Falmouth,
on the last Tuesday of October, in the year of our Lord
one thousand seven Hundred and Eighty-two, for the
most the same Will fetch, and to make a good deed or
deeds of Sale and Conveyance of the Same, he observing
the rules and directions of the Law, for the Sale of real
Estates by Executors and administrators, and giving bonds
to the Judge of probate, for the County of Cumberland,
that the proceeds of the said sales shall be disposed of,
according to Law, so far as to Satisfy the Claims against
the said Estate, and account with the said Judge for the
balance. Jime 18, 1787.

1787. — Mat Session. 683

Chapter 28.

RESOLVE ON TFIE PETITION OF SILVANUS HEMINGWAY, GRANT- (JJiap. 28
INGTHE PRAYER OF SAID PETITION, AND AUTHORIZING THE 1 '

JUDGE OF PROBATE, FOR MIDDLESEX, TO CAUSE COMMIS-
SIONERS ON THE ESTATE OF EBENEZAR HEMINGWAY, TO
SET AGAIN FOR THE PURPOSE MENTIONED.

on the Petition of Silvanus Hemingway , Praying that
the Judge of Probate for the county of Middlesex, May
be impowered to direct the Commissioners on the estate
of Ebenezer Hemingway, late of Framingham, Deceasd,
to set again, to receive & examine the Petitioner's claims
to the said Ebenezar's estate,

Resolved That the prayer of the said Petition be granted,
& that the Judge of Probate for the county of Middlesex,
be, & hereby is fully authorized, to cause the commission-
ers on the estate of Ebenezar Hemingway to set again, for
the purpose of Receiving and examining the claims of the
Petitioner against the estate of the aforesaid Deceased,
notwithstanding the time allowed to the said commission-
ers for receiving- the claims of the creditors to the said
Ebenezar's estate, is expired : provided the petitioner Shall
pay all cost, that shall arise in consequence of this resolve,
if there shall not be found sufficient estate of the deceased
therefor, after the claims already alowed by the said com-
missioners are satisfied. June 18, 1787.

Chapter 29.

RESOLVE ON THE PETITION OF JOHN WALKER, AND LUCRETIA Q]mr) 99
HIS WIFE, LATE LUCRETIA COLT, AUTHORIZING THE JUDGE -^' "

OF PROBATE FOR THE COUNTY OF HAMPSHIRE IN THIS
CASE.

On the Petition of John Walker, & Lucrelia his Wife,
late Lucretia Colt, Executrix of the last Will & Testa-
ment of Benjamin Colt, late of Hadley, Deceased, & By
the said will appointed Guardian of Daniel Colt, Son of
the said Benjamin, Now A minor, under the age of
twenty one years ; Praying, for Reasons set forth in said
Petition, that Partition may be made of the said Ben-
jamin's Estate, so far that the Share or Portion thereof,
to which the said Daniel is Entitled Either by Law, or by
the will aforesaid, may be set off to him, & holden in sever-

68± 1787. — May Session.

alty; & that the said John Walker, & Lucretia, may be
empowered to make sale of the said Daniel' s Share of the
Real & Personal Estate Aforesaid, to Discharge the Debts
incurred for his support & Education,

Resolved, that the Judge of Probate for the County of
Hampshire, be, & he hereby is authorized & Empowered
to order that the said Daniel Colt's share, in the Estate
of Benjamin Colt aforesaid, be set off in Severalty, & that
John Walker, & Lucretia, his Wife, be, & they are hereby
authorized & Empowered to sell & Dispose of the said
Daniel Colt's share, & to make, & Execute a Good & Law-
ful Deed, or deeds, of the Real Estate which may be set
off to him as aforesaid, they observing the Directions of
the Law, in such Cases made & Provided, & giving bond
to the said Judge of Probate, that the Proceeds thereof
be appropriated to the Discharge of the Debts already
contracted, which may be allowed, & approved of, by the
said Judge of Probate, for the Support & Education of
the said Daniel, any Law or usage to the Contrary Not-
withstanding. June 18, 1787.

Chapter 30.

Chap. 30 RESOLVE MAKING VALID THE DOINGS OF ALL OFFICERS OF THE

1 ' SEVERAL TOWNS WITHIN THIS COMMONWEALTH, AS SHALL

BE CONFORMABLE TO THE DUTIES OF THEIR RESPECTIVE

OFFICES; PROVIDED THOSE OFFICERS TAKE THE OATHS

PRESCRIBED BY THE CONSTITUTION.

Whereas the Select-Men and other Town-Officers, of
several Towns in this Commonwealth, have entered on the
Business of their respective offices, having taken, but not
subscribed the declaration & other oaths prescribed by
a Resolution of the Genl Court, of the Tenth of March
last past : And whereas doubts have arisen respecting the
Validity of the Doings of such Officers :

Therefore Resolved, that the Doings of all such Officers,
so far forth as they have been or shall be coformable to
the Duties of their respective Offices be, & they are hereby
established as legal & valid, the deficiency aforesaid not-
withstanding, provided, those Officers shall subscribe the
Declaration & Oaths, prescribed by the Resolution afore-
said, on or before the 31st day of July next.

June 18, 1787.

1787. — May Session. G85

Chapter 31.

RESOLVE GRANTING A TAX OF £.650 TO BE LAID ON THE POLLS Ch(W 31
AND ESTATES WITHIN THE COUNTY OF HAMPSHIRE. *■ '

Whereas it appears from an Estimate of the Justices of
the Court of General Sessions of the Peace for the County
of Hampshire, that the Sum of six hundred & fifty pounds,
will be necessary for defraying the Charges of the said
County, for one year next ensuing the 31' Tuesday of May
last.

And whereas the Disturbances & commotions that have
taken place within the said County the year past, have
been such, that it is impossible at present, for the Treas-
urer of the said County, to render his Account for the
last year's tax, according to a Law in such Cases made
and provided :

Resolved, that there be, and there hereby is granted, a
Tax of six hundred and fifty Pounds, to be apportioned
and assessed on the Poles and Estates within the said
County, and collected, paid and applied for the use of the
County aforesaid, agreeably to the Laws of this Common-
wealth ; any Law to the contrary notwithstanding.

June 18, 1787.

Chapter 32.

RESOLVE ON THE PETITION OF ISAAC TOBET, IN BEHALF OF rrknr% QO
THE TOWN OF BARRE, AND WILLIAM TUCKER, IN BEHALF OF Kj(laF' °*
THE TOWN OF SHERBURN, DIRECTING THE TREASURER TO
RECEIVE SECURITIES FOR NOT SENDING REPRESENTATIVES,
IN 1782 AND 1786.

On the Petition of Isaac Tohey, in behalf of the Town
of Barre, and William Tucker, in behalf of the Town of
Sherbum:

Resolved, that the Treasurer be, and he is hereby
directed, to Receive of the Town of Barre, the sum of
Forty Pounds, in Consolidated Securities of this Com-
monwealth, in full discharge of a Fine for not sending a
Representative to the General Court, in 1782; and the
sum of Twelve Pounds ten shillings, in the said Securities,
of the Town of Sherbum, in full discharge of a Fine of
that sum, for not sending a Representative the last year.

June IS, 1787.

686 1787. — May Session.

Chap. 33 Chapter 33.*

[May Session, ch. 33, 1787.]

Chapter 34.

Char) 34 RES0LVE °^ THE petition of daniel warner and na-

"' TEANIEL WARNER, EMPOWERING THE JUDGE OF PROBATE

FOR ESSEX, TO RECE1VB THE REPORT OF THE COMMITTEE
MENTIONED.

On the Petition of Daniel Warner, & Nathaniel Warner,
both of Glocester, in the County of Essex, Samuel Holten,
Esqr ; and Mary his Wife, Susanna Warner, of said

Glocesier, Abigail Collins, Susanna Warner of Boston, a
minor, only child of Elias Elwell Warner, by Nathaniel

Warner, her Guardean, Ezekiel Warner of said Glocester,

William Warner of said Glocester, a minor by said
Daniel Warner, his Guardean, William Parker of New-
bury port, in said County of Essex, & Mary his wife,

Gustavus Norwood of Glocester, aforesaid, and Abigal his
"Wife, Ezra Day of said Glocester, and Susanna his Wife,
and Philemon Warner of the said Newbury port, a minor,
by Ezekiel Warner his friend, Praying that a partition of
the Estates of Philemon Warner and Mary Warner, the
Widow of the said Philemon Warner of Glocester, in the
County of Essex, dec'd, may be confirmed — For reasons
set forth in the said petition.

Resolved, that the prayer thereof be so far Granted,
that the Judge of Probate for the County of Essex, be,
and he is hereby empowered to receive the report of
the Committee appointed to make partition of the said
Estates, (if it shall appear to him that all the Heirs
interested in the said Estates are satisfied with the said
partition) and to confirm the same, any law of this Com-
monwealth to the contrary notwithstanding.

June 19, 1787.
Chapter 35.

Chan ^ RES0LVE 0N THE PETITION OF AMASA DAVIS ESQ; QUARTER
\ylHAjJ. OO MASTER GENERAL, ESTABLISHING PAY FOR QUARTERING

THE TROOPS, AND HORSE KEEPING, WHILE THE TROOPS

ARE IN SERVICE.

Upon the Representation of Amasa Davis, Esq ; Quar-
termaster General v

* Governor's message, see end of volume.

1787. — May Session. 687

Resolved, that from and after the first Day of May last,
until the first Day of October Ensuing, the Allowance for
Quarters and fuel for the Troops, be at the Rate of one
'penny, half-penny per Day, — And that from and after
the first day of June Instant, to the 15th Day of October
following, the Allowance for Horse Keeping, be at the
Rate of four pence per Day, for any number of Days less
than a week, and at the Rate of one Shilling and Six
pence, per week any resolve to the contrary notwith-
standing.

Provided nevertheless that in case the Troops shall be
continued in Service after tjie said 15th Day of October,
the Same Rates of Charge be observed as was provided by
the Resolve of the General Court, Passed the first day of
May last. Jxme 19, 1787.

Chap. 36

Chapter 36.

RESOLVE ON THE PETITION OF JAMES WICKER.

On the Petition of James Wicker, praying that he may
be Licenced as an Innholder in the Town of Paxton, for
reasons set forth in said Petition.

Resolved, That the Prayer of the Petition be granted,
and that two Justices of the Peace within and for the
County of Worcester, quorum unus, be, and they are
hereby authorized & empowered to grant him the said
James Wicker, a Licence as an Innholder in the Town of
Paxton, in the said County of Worcester, until the next
licence term, he complying with the requisitions by law in
that case made and provided. June 19, 1787.

Chapter 37.

RESOLVE ON THE PETITION OF BENJAMIN ADAMS, AUTHOR- ^7 07

IZING HIM TO ENTER HISAPPEALAT THE SUPREME COURT C/ZO/?. Ol
OF PROBATE AT SALEM, AND EMPOWERING THE SUPREME
COURT TO TAKE COGNIZANCE OF THE SAID CAUSE.

Resolved, That Benjamin Adams, of Rowley, in the
County of Essex, Administrator on the Estate of Samuel
Adams, late of Abington, in the County of Plymouth,
deceased, Be, and hereby is Authorized And empowered
to enter his Appeal, at the Supreme Court of Probate to
be holden at Salem, within and for the County of Essex,
on the first Tuesday in Nov- next, From a Decree of the

688 1787.— May Session.

Judge of probate, for the County of Plymouth, on the
Administration Account of the Said Benj™ Adams, made
the fifth Day of September, A. D. 1785*: And the Said
Supreme Court of probate is hereby Authorized and
empowered to take Cognizance of the Said Cause in the
Same manner as if the Same was Regularly pending
before the Said Court, And the said Benj- Adams, is
hereby Directed to notify the Adverse party of this
Resolve, thirty Days at Least before the Sitting of the
Said Court. June 19, 1787.

Chap.

Chap

Chapter 38.

og RESOLVE ON THE PETITION OF DAVID FISK, TO NOTIFY THE
ADVERSE PARTY TO SHEW CAUSE.

On the Petition of David Fisk, praying for a rehearing
in the Action of Jesse Fames against the said Fisk, who
was defaulted.

Resolved, For reasons sett forth in the said Petition,
that David Fisk, notify the said Jesse Fames, by serving
him with an attested Copy of his Petition, and this order
thereon, thirty days preceeding the second Wednesday of
the next Session of the General Court, to shew cause if
any he has, why the Prayer of the said Petition should
not be granted, and that Execution be stayed in the mean
time. June 19, 1787.

Chapter 39.

39 RESOLVE ON THE PETITION OF BENJAMIN BONNET, IN BEHALF
OF THE TOWN OF CHESTERFIELD, AND BENJAMIN BVRGES,
AND OTHERS, IN BEHALF OF GOSHEN, DIRECTING THE
TREASURER TO CREDIT CHESTERFIELD, WITH 1101 LB. OF
BEEF, AND TO CALL ON GOSHEN FOR FIFTY POUNDS
FIFTEEN SHILLINGS AND FOUR PENCE, DUE ON ACCOUNT
OF BEEF REQUISITIONS.

On the Petition of Benjamin Bonney, Agent for the
Town of Chesterfield, and Benjamin Burges, Thomas
Brown & Christopher Banister, Selectmen of the Town
of Goshen, Representing that an Execution hath been
Issued by the late Treasurer of this Commonwealth,
against the Said Town of Chesterfield, for their Deficiency
in Payment of the Several Requisitions of Beef laid upon
the Town of Chesterfield, before the Town of Goslien was
set off therefrom, which Execution they conceive to be

1787. — May Session. 689

for a much larger Sum than is actually due from the Said
Town, and they further Represent, that by mutual con-
sent of the Parties, the Town of Goshen shall be charged
with any Deficiency that shall appear,

Therefore, Resolved, that the Treasurer of this Com-
monwealth, be, and he hereby is directed, to Credit the
Town of Chesterfield for Eleven hundred & one pounds
of Beef, which Appears to have been omitted through
mistake, and also Discharge the Said Town of Chester-
field, from the Said Execution, and the Treasurer is
hereby further Directed to call upon the Town of Goshen,
for fifty pounds fifteen shillings & four pence, which
Sum Appears now to be due on the Several Requisitions
of Beef that were laid on the Town of Chesterfield.

June 19, 1787.

Chapter 40.

RESOLVE ON THE PETITION OF JOSEPH LOVERING, DIRECTING QhaV 40
THE TREASURER TO GIVE CERTAIN GOVERNMENT SECURI- "'

TIES IN LIEU OF THEM LOST, GIVING BOND.

on the Petition of Joseph Lovering, praying for the
Renewal of Certain Government Securitys lost in the
late Fire in Boston,

Resolved, that the Treasurer of this Commonwealth,
be, & he is hereby directed, to give to the Said Joseph
Lovering, Two Notes, Viz. Number 18,617 date June 1,
1783, for one hundred & Eleven pounds Five shillings,
and Number 18,618 of the Same date, for one hundred
& four pounds, Eleven shillings, & Indorse on Said
Notes, the Interest that has bin paid on the original
Notes, the said Lovering giving bond to the Treasurer,
to Indemnify the Commonwealth against any demands
that May be Made for the payment of the original Notes,
Should they be produced. June 19, 1787.

Chapter 41.

RESOLVE ON THE PETITION OF ANN SCOTT, DIRECTING THE fTf^^ J1
TREASURER TO GIVE HER A NOTE IN LIEU OF ONE LOST IN yj,iU'V' iJ-
THE LATE FIRE.

on the petition of Ann Scott, praying for the Renewal
of a State Note, lost in the late Fire in Boston,

Resolved, that the Treasurer be, & he is hereby directed,

690 1787. — May Session.

to give the said Ann Scoit, a Note for Twenty Two
pounds, dated Mardh 1, 1782, & Indorse thereon, the
Intirest paid on the Note which has bin destroyed, the
Said Ann Scott giving Bond To the Treasurer, to indem-
nify the Commonwealth against Any demand that May be
Made for the original Note, should it be produced.

June 20, 1787.

Chapter 41a.*

CkapAlA ORDER ON THE PETITION OF JOff.V AND AARON BURNAM.

Order on the Petition of John Burnam and Aaron
Burnam praying that the Decree of the Judge of Probate
of Wills &c. for the County of Cumberland on the estate
of Job Burnam the 2d may be confirmed for reasons set
forth in their petition.

Ordered that the Petitioners notify the heirs of the said
Job Burnam the 2d by publishing the substance of their
petition and this order in the Cumberland Gazette three
weeks successively fourteen days at least before the second
Wednesday of the next sitting of the General Court that
they may then shew cause if any they have why the prayer
thereof should not be granted. June 20, 1787.

Chajy- 42 Chapter 42. t

[May Session, ch. 42, 1787.]

Chap. 43

Chapter 43.

RESOLVE DIRECTING THE TREASURER, TO DISCHARGE A WAR-
RANT OUT OF THE SPECIE PART OF TAX No. 5, DRAWN IN
FAVOUR OF THE COMMISSIONERS, TIMOTHT EDWARDS, ESQ;
AND OTHERS.

Resolved, that the Treasurer be, and he is hereby
directed, to discharge the Warrant drawn by the Gov-
ernor, with Advice of Council, in Favour of the Honb^
Timothy Edwards, Esq ; & others, bearing Date ye 20th
Instant, and being for the Sum of One Hundred and
Fifty Pounds, out of the Specie Part of the Tax No. 5,
appropriated to the Use of Government.

June 21, 1787.

* Taken from court record. Not printed in previous editions,
f Governor's message, see end of volume.

1787. — Mat Session. 691

Chapter 44.

RESOLVE DIRECTING THE TREASURER TO BORROW THREE (JJiaj). 44
THOUSAND POUNDS FOR THE TROOPS IN THE WESTERN
COUNTIES, ORDERED TO BE RAISED.

Whereas it is absolutely necessary that monies should
be immediately obtained for the purpose of enlisting the
men, ordered to be raised in consequence of a Resolve
passed the 13th day of the present month :

Resolved, that the Treasurer of this Commonwealth, be,
and he is hereby empowered & directed, to borrow a sum
not exceeding Three thousand pounds, for the purpose of
paying to each officer and soldier, one half month's pay
advance on engaging & enlisting into the service afore-
said, and the residue of the sum borrowed to be paid to
the Officers & Soldiers who have already served in sup-
pressing the rebellion, in proportion as wages may be due
to them, not exceeding half a month's pay to each man.

Resolved, That the sum or sums which shall be bor-
rowed by virtue of the aforegoing resolution, shall be
repaid with interest at the rate of six per cent, per annum,
out of the first monies that shall arise from that part of
the revenue of the Impost & Excise which is appropriated
for the exigencies of Government, or from the specie part
of the tax granted in March 1786, and which have not
been already appropriated, or from the first monies which
may arise from any additional or new duties & excises, or
tax on polls & estates, which may hereafter be collected
or levied.

Resolved, That the Governour be, & he is hereby re-
quested, with advice of the Council, to issue a warrant
upon the Treasury of this Commonwealth, for such sum
or sums of money as may be borrowed agreeably to the
foregoing resolve, and to give Order for the forwarding
the same as soon as possible to such officer or officers, &
with such directions for the purposes mentioned, as he
may think proper. June 21, 1787.

Chapter 45.

RESOLVE ON THE REPRESENTATION OF THE MANAGERS OF (J^jy 45
THE STATE LAND LOTTERY, POSTPONING THE DRAWING OF ■*■ '

THE SAID LOTTERY UNTIL A RETURN OF THE DISPOSITION
OF THE SAID TICKETS SHALL BE OBTAINED.

Whereas it appears to this Court, from a Representa-
tion of the Managers of the State Land Lottery, that no

692 1787. — May Session.

Account is yet received in regard to the disposition of a
Number of Tickets sent into the County of Lincoln, to be
sold there :

Resolved, that the drawing the said Lottery, which was
to have commenced on the 20th day of June instant, be &
hereby is postponed, until a Return of the disposition of
the said Tickets shall be obtained, and that the said Man-
agers be directed to procure such Return as soon as may
be, & proceed in drawing the said Lottery without delay,
giving publick Notice of the Time and place of drawing
the same. June 21, 1787.

Chapter 46.

( 'hcti> 46 RES0LVE 0N THE PETITION OF NAOMI WILLARD, EMPOWER-
'* ING HER TO SELL THE LAND MENTIONED.

On the petition of Naomi Willard, Administratrix on
the Estate of Benjamin Willard, lately of Stockbridge,
in the County of Berkshire, dec-, praying for leave to
sell a tract of Land belonging to the said Estate.

Resolved, that the said Naomi be, and she hereby is
authorized & impowered to make sale of the following
tract of Land, lying in Stockbridge aforesaid, containing
about fourteen Acres, bounded east on the highway,
north and west on Housatonick river, & south on the Land
of Bulah Waldo, & that her deed or deeds conveying the
same, shall be valid and effectual, any law, usage or Cus-
tom to the contrary notwithstanding :

Provided always, however, that the said Naomi, previ-
ous to making any sale & disposition of the said described
premises, shall give Bond with sufficient sureties to the
Judge of Probate, to Account for the proceeds of the sale
of the said Land, at the real value thereof.

June 21, 1787.

Chapter 47.*
Chart 47 RES0LVE 0N THE petition of the selectmen of monson,

* ' RELEASING THEM FROM BEING AT ANY COST OR CHARGE

TOWARDS REPAIRING THE ROAD BETWEEN SCOTT'S BRIDGE
AND WILBRABAM LINE.

Whereas it appears to this House, for the reasons set
forth in the Petition of the Selectmen of the Town of

* Taken from court record.

1787. — Mat Session. 693

Monson, praying that the road between Scott's Bridge so
called, and Wilbraham line, be hereafter kept in repair
wholly by the Town of Palmer : Wherefore

Resolved, that the Town of Monson be, and they are
forever hereafter excluded and released from being at any
cost or charge towards repairing the road between ScolCs
Bridge and Wilbraham line ; and the said road shall at
all times hereafter be kept in repair wholly at the cost
and expence of the Town of Palmer, any law or resolve
to the contrary notwithstanding. June 21, 1787.

Chapter 48.

THE TOWNS OF MEDFIELD, QJiqv). 48
OVER, IN SUFFOLK COUNTY, ^ '

RESOLVE ON THE PETITION OF
NEEDHAM AND DISTRICT OF DO]
DEFERING THE CONSIDERATION OF SAID PETITION TILL THE
SECOND WEDNESDAY OF THE NEXT SESSION OF THE GEN-
ERAL COURT, AND THE RESOLVE REFERED TO, NOT TO
OPERATE, AND THE TOWN OF DEDHAM TO BE NOTIFIED TO
SHEW CAUSE, &c.

on the Petition and Remonstrance of the Towns of
Medjield, JSfeedham and District of Dover, in the County
of Suffolk, Relating to a Resolve of the General Court,
passed the 6th day of March last, Impowering and
Directing the Court of General Sessions, to Rebuild a
Bridge over Char'les River in Dedham — And Assess the
Charge thereof on Said Dedham, Medjield, JSfeedJiam &
Dover.

Resolved, that the Consideration of the Said Petitions
and Remonstrance — be defered till the Second Wednes-
day of the next Session of this Court ; And that the
Resolve aforesaid for Rebuilding the Said Bridge, Shall
not opperate untill the final hearing and Determination
of this Court, Concerning the same ; And that the Com-
mittee of Sessions, and the Said Town of Dedham, be
notified by the Said Town of JSfeedham, by an Attested
Copy of this Resolve, fourteen days before the Said
Second Wednesday, then to Shew Cause if any they
have, why the Said Petitions from JSfeedham, Medjield
and Dover, or either of them, Shall not be granted, And
that all parties Conform themselves accordingly.

June 21, 1787.

694 1787. — May Session.

Chapter 49.

Chap. 49 RESOLVE ON THE PETITION OF JOHN RUSSELL OF SPRING-
*' FIELD, DIRECTING THE SECRETARY TO CAUSE ALL ACTS,

&C WHICH RESPECT THE COMMONWEALTH IN GENERAL, OR
THE COUNTIES OF HAMPSHIRE AND BERKSHIRE, TO BE PUB-
LISHED IN THE SPRINGFIELD AND NORTHAMPTON PAPERS,
AND ADVERTISEMENTS FOR THE SALE OF NON-RESIDENT
LANDS.

Upon the Petition of John Russell of Springfield in the
County of Hampshire, Printer.

Resolved, that the Secretary be, and he hereby is
directed to cause all such Acts, Resolves, and other
Doings of the Legislature, which respect the Common-
wealth in general, or the Counties of Hampshire & Berh-
shire in particular, or either of them, and which shall be
thought necessary to be inserted in any of the Boston
News Papers, to be also published in the Papers printed
at Springfield, and at Northampton, in the said County
of Hampshire.

And it is further Resolved, that all such Advertise-
ments, for the Sale of non-resident Lands for payment of
Taxes, as by Law are directed to be inserted in any Bos-
ton News-Paper, shall in future be also published in the
Papers printed at Springfield and Northampton, when
the Lands to be sold lie in either of the Counties of
Hampshire or Berkshire, any Law or Kesolve to the con-
trary notwithstanding. June 22, 1787.

Chapter 50.

ChcW 50 RES0LVE 0N TnE PETITION OF RUTH GAY, WIFE OF MARTIN
"' GAT, AUTHORIZING HER, IN HER OWN NAME, TO COM-

MENCE ANY ACTION FOR THE RECOVERY OF MONIES DUE.

On the petition of Ruth Gay, wife of Martin Gay, an
absentee :

Resolved, That Ruth Gay be, and she is hereby author-
ized and impowered, to commence & institute in her own
name, any action or actions at Law, for the recovery of
any monies, due from any person or persons for the use
or improvement of the Real Estate, late belonging to her
said husband, during the late war, and the same actions
to prosecute to final judgment & Execution, in as full &
ample a manner as though she now was, and always dur-

1787. — May Session. 695

ing the late War, had been a femme sole, and the fee of
the said estate had been in her, and the contracts for rent
made by, and with her.

provided always, that any receipts heretofore given by
the said Ridh, or the Agent on the Estate of the said
Martin Gay, shall be good & valid in law, & any receipts,
discharges, or acquittances hereafter executed, by the said
Ruth, for such rents due as aforesaid, shall be good &
valid to all intents & purposes. June 25, 1787.

Chapter 51.

RESOLVE ON THE PETITION OF WILLIAM PTNCEEON, ESQ; Qhm). 51
DIRECTING THE TREASURER TO RECEIVE A SUM IN CON- ' -1 '
SOLIDATED NOTES.

Resolved, that the Treasurer of this Commonwealth Be,
And hereby is Authorized And empowered, to Receive of
William Pynchon, Esqr ; the Sum of One hundred And
eighteen pounds, thirteen shillings And nine pence, in
Consolidated notes of this Commonwealth, the Same
being for the Sum of Sixty four pounds, thirteen shil-
lings, And nine pence, Due from him, in April, Seven-
teen hundred And Seventy Six, And the Interest thereon
to this time, for Reasons Set forth in his Petition.

June 22, 1787.

Chapter 52.

RESOLVE ON THE PETITION OF DANIEL MERRIL. Chap. 52

On the petition of Daniel Merril, praying that Judg-
ment rendered against him in favor of Thomas Durrell,
at a Court of Common Pleas, held at York, for and within
the County of York, at April Term last past, may be set
aside for Reasons :

Resolved, that the prayer of the said Petition be so far
granted, that the Petitioner serve the said Thomas Dur-
rell with an attested Copy of the said Petition, & of this
resolve, fourteen days at least before the second Thurs-
day of the next setting of this General Court, then to
shew Cause (if any he has) why the prayer of the said
Petition should not be granted, and that Execution be
stayed in the mean time. June 22, 1787.

696 1787. — May Session.

Chapter 53.

ChflO tt RESOLVE ON THE PETITION OF EZRA JEWELL, EMPOWERING
" HIM TO RE-ENTER THE ACTION MENTIONED.

On the petition of Ezra Jewell, of Almsbury , represent-
ing, that at a Court of common pleas, began and held at
Concord, March 14, 1786, John Hunt, of Watertown,
recovered Judgment against him for one hundred pounds,
and praying he may be empowered to re-enter the said
Action, for reasons set forth in the said petition :

Resolved, that the prayer thereof be granted, and that
the said Ezra Jewell be, and he is hereby authorized and
empowered, to re-enter the said Action at the Court of
common pleas next to be holden at Concord, in and for
the County of Middlesex, on the second Tuesday of Sep-
tember next : and that the said Court of common pleas be,
and they are hereby authorized and empowered, to take
cognizance of the said Action, and to proceed thereon in
the same way and manner as they would have done, if
the said action had been regularly brought, and the writ
returnable to the same Court, and had been there entered
by the said John Hunt, and that the said Ezra Jewell
serve the said John Hunt with an attested coppy of this
Resolve, fourteen days at the least before the holding the
aforesaid Court, and that the Judgment aforesaid be, and
hereby is vacated, and the Execution thereon stayed.

and it is further Resolved, that the resolve of the Gen-
eral Court, passed the 2'^ day of March last, rendering
the said John Hunt's Execution against the said Ezra
Jewell valid and good in law, be, and the same is hereby
repealed and rendered null and void. June, 23, 1787.

Chapter 54.

Ola r/< RESOLVE ON THE PETITION OF THOMSON MAXWELL, IN
KslULp. D± BEHALF OF THE TOWN OF BUCKLAND, DIRECTING THE
TREASURER TO CREDIT SAID TOWN, &C.

On the Petition of Thomson Maxwell, in behalf of the
town of Buclland, praying for an Abatement of two
Taxes assessed and apportioned on the said Town, soon
after their Incorporation :

Resolved, for Reasons set forth in the said Petition, that
the Prayer thereof be granted, and that the Treasurer of

1787* — May Session. 697

this Commonwealth be, and he hereby is authorized &
directed, to credit or remit to the Town of BucJcland, the
Taxes assessed on the said Town for the years 1779 &
1780, amounting in the whole to fifty Pounds in Specie,
any Law or Resolution to the contrary notwithstanding.

June 25, 1787.

Chapter 55.

RESOLVE REQUESTING THE GOVERNOR TO WRITE TO THOSE
STATES WHERE THE INSURGENTS HAVE TAKEN RESI-
DENCE, &c.

Whereas by a resolution of the General Court, of the
13th day of this present month, the clemency of Govern-
ment is extended to all who have been concerned in the
present rebellion, except nine of the principal offenders,
and those who stood convicted of being concerned in the
Rebellion aforesaid, by due course of Law ; which act of
benignity & mercy, ought to induce those unhappy men
to return to the open Arms of their country, and again
enjoy the blessings of a free Government ; But should they
still continue their delusion, infatuation & crimes, the
whole force of the Commonwealth must if necessary be
exerted to reduce them, & protect the well affected to
constitutional government.

And whereas by the constitution it is out of the power
of the Governor, to transport any of the inhabitants of the
Commonwealth, or oblige them to march out of the limits
of the same, without their free & voluntary consent, or
the consent of the General court.

And whereas also, it may become necessary to obtain
the consent of the States, where any of the rebels have
taken refuge, to march the troops of this State within the
limits of such States respectively, in order to prevent an
accumulation of force from thieves & other fugitives join-
ing the rebels, which might render them formidable to
other States, as well as this.

Resolved, That his Excellency the Governor be, and he
hereby is requested, to make known to the States which
have adopted measures for rendering efficacious the exer-
tions of this Government for the suppression of the rebel-
lion, the just sense the Legislature entertain of their
generous & friendly disposition, and to request of them,
and all other States where any of the rebels may lurk for

Chap. 55

698 1787. — Mat Session.

the purpose of making inroads into this State, that the
troops of this State, if necessary, may be permitted, under
such restrictions and limitations as may be by them adopted
to preserve the tranquility of the respective States and the
security of the citizens thereof, to march the troops of this
Government into the limits of the States where any of the
rebels may have taken residence for rebellious purposes
or with an intention of plundering, captivating, or annoy-
ing any of the citizens of this Commonwealth ; and having
obtained such permission, his Excellency the Governor is
hereby authorized & empowered to march the forces of
Government, out of the limits of the Commonwealth, (&
to encounter, resist, and pursue by force of Arms, as well
without, as within the limits of this Commonwealth,) and
also to kill, slay and destroy, if necessary, and conquer
by all fitting ways, enterprises and means whatsoever, all
and every of the rebels aforesaid, and all who may join,
aid, abet and support them, & who in a hostile manner
shall attempt or enterprize the destruction, invasion, det-
riment, or annoyance of this Commonwealth.

And whereas it may become necessary, should the lenient
measures, which have been adopted, not produce the effect
thereby designed, to make further provision to enable
the Supreme executive totally to suppress the rebellion :
Therefore

Resolved, that his Excellency the Governor be, and he
hereby is requested, agreeably to the Constitution, should
the safety & protection of the well affected to Government,
in his opinion, require it, to raise by voluntary enlistment
or draft from the militia, such a force, as in his opinion
shall be necessary, wholly & effectually to subdue all per-
sons who may at any time be in arms against the Govern-
ment of this Commonwealth, and the whole expence arising
thereby shall be defrayed out of the first monies which
may come into the Treasury for the use of Government,
from any taxes or duties already laid, or which may be here-
after granted, and which have not yet been appropriated,

And whereas some of the persons to whom offers of
mercy have been repeatedly made, may be encouraged
from a mistaken Idea of the lenity of Government, to per-
sist in their wicked & destructive courses, in expectation
that the Legislature will renew their acts of grace after a
commission of new offences.

Resolved, As the determination of the General Court,

1787. — May Session. 699

that no further acts of grace & clemency, consistent with
the dignity of Government, and that safety & protection
which ought to be extended to the peaceable & well
affected citizens of the Commonwealth, can be made to the
persons aforesaid. June 29, 1787.

Chapter 56.

RESOLVE DECLARING GIDEON DUNHAM TO BE THE PERSON
INTENDED IN A RESOLUTION PASSED THE 13th DAY OF
JUNE INSTANT, TO BE EXCEPTED OUT OF THE SAID RESO-
LUTION OF INDEMNITY.

Whereas by a resolution of the General Court, of the
13th day of this present month, the clemency of Govern-
ment is extended to all Persons who have committed any
Treasons or misprisions of Treason during the present
rebellion, excepting certain persons therein described &
named ; and whereas one of the persons so excepted is
therein named David Dunham, which christian name
was inserted by a mistake, and the person thereby was
intended, is Gideon Dunham of Sheffield, in the County
of Berkshire, yeoman, and the said Gideon Dunham being
a malignant & incorrigible offender,

It is Declared c£* Resolved, that the said Gideon Dun-
ham, is the person meant & intended to be excepted out
of the said Kesolution of indempnity, & the said Gideon
Dunham shall not by virtue thereof receive any benefit or
advantage whatsoever, but is excepted therefrom, & shall
be so adjudged : and it is hereby further

Resolved, that the said David Dunham shall not be
Considered as within the Exceptions of the said Resolu-
tions. June 25, 1787.

Chap. 56

Chapter 57.

RESOLVE ON THE PETITION OF THE TOWN OF BUXTON, niian PJ7
DIRECTING THE TREASURER TO DISCHARGE SAID TOWN Ky'lUlJ' °*
FROM THE PAYMENT 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 several taxes which were
laid on the said Town when a plantation, from 1761, to
1772, and praying for an Abatement of the said Taxes,
for Reasons set forth in the said Petition :

Resolved, that the Treasurer of this Commonwealth, be,

700 1787. — Mat Session.

& he hereby is directed, to discharge the said Town of
Buxton, from the payment of one hundred & twenty pounds
one shilling & eight pence three farthings, which Sum it
appears the said Town now stands chargeable with, from
the Year 176.1, to the year 1772, while unincorporated,
and which Sum never has been assessed on the Inhabitants
of the then plantation. June 25, 1787.

Chapter 58.
Chan. 58 RES0LVE 0N THE petition of thomas dalrtmple, grant-

1 ' ING HIM £.4 10, FOR THE LOSSES HIS SON SUSTAINED.

On the petition of Thomas Dalrymple, Praying that he
may receive wages for his Son's time while in Captivity,
and also that he may Receive Compensation for a Gun,
Blanket, and other articles that were Taken from him by
the enemy.

Resolved, that the Prayer of the petition be so far
granted, that there be allowed and paid out of the Treas-
ury of this Commonwealth, to the said Thomas Dalrymple,
the sum of Four pounds ten shillings, in full Compensa-
tion for the Losses his son Sustained, as mentioned in the
aforesaid Petition. June 29, 1787.

Chap

Chapter 59.

5Q RESOLVE ON THE PETITION OF WILLIAM WARD, IN BEHALF
OF THE PLANTATION No. 5, DIRECTING THE PETITIONER
TO SERVE THE TOWN OF CUMMINGTON, THE DISTRICT OF
PLAINFIELD, AND THAT PART OF THE SAID No. 5, TO
SHEW CAUSE.

On the Petition of William Ward, in behalf of the Plan-
tation No. 5, now Incorporated into the Town of Cum-
mington, the Destrict of Plainjield, and part thereof into
the town of }fmdsor, praying for liberty to Assess a Tax
of two pence per Acre on all the lands formerly included
in the said Plantation No. 5, before it was Incorporated,
to defray the Expence of hiring preaching & other Charges,
for reasons set forth in said Petition.

Resolved, That William Ward the Petitioner, Serve
the Town of Cummington, the Destrict of Plainjield, and
that part of the said No. 5, which has been annexed to
the town of Windsor, each, with an attested Copy of the
said Petition, and this Resolve thereon, by leaving the
same with each of the said Towns, and the said Destrict

1787. — May Session. 701

Clerks, at least thirty days before the second Wednesday
of the next Setting of the General Court, to shew cause
on the said Second Wednesday, if any they have, why
the prayer of the said Petition should not be Granted ;
And that all Executions which have been Issued against
any Individual or Individuals for the said Expence, be
Stayed in the Mean time. June 29, 1787.

Chapter 60.

RESOLVE ON THE PETITION OF NATHANIEL TREDWELL, DI- QJia7)m QQ
RECTING THE TREASURER TO ISSUE NEW NOTES IN LIEU ^ '

OF THOSE FORGED.

On the Petition of Nathaniel Tredicell, Setting Forth,
that Wages Ware Due to him, for his Services As a Sol-
dier in the Continental Army, but that Previous to His
making applycation to the Treasurer For his Notes, A
Forged Order was Presented Therefor, by one Stephen
Curtis, And Notes Made out, & Delivered accordingly ;
wherefore he Hath Never Been able to obtain his Said
Wages, Notwithstanding he made applycation before the
first of December Last : And whereas it appears to this
Court, that the Said order was False & Forged : There-
fore

Resolved, that the Treasurer be, & he hereby is Di-
rected, to Issue a Note or Notes, to the Said Nathaniel
Tredwell, to the Amount of the wages Due to him as
afore Said, in the manner Prescribed by Law ; And Take
Every Possible measure, for Detecting And Bringing to
Justice, the Perpetrators of the Forgery & Fraud Afore-
said. June 29, 1787.

Chapter 61.

AN ADDRESS OF THE TWO BRANCHES OF THE LEGISLATURE (JJiaj). 61
TO HIS EXCELLENCY THE GOVERNOR, RELATIVE TO HIS 1 '

RELINQUISHMENT OF £.300 TO BE DEDUCTED FROM HIS SAL-
ARY AS GOVERNOR.

May it please your Excellency,

YOUR Excellency's message of the 21st Inst, contain-
ing an offer of Three Hundred pounds to be deducted
from your Salary, as Governor, for the present year, has
been attended to, & considered by the two Branches of
the Legislature, not only as a proof of your Excellency's

702 1787. — May Session. •

Generosity, but as a mark of your attention to the pecul-
iar situation of the People, & the Embarrassed State of
our public affairs.

The Patriotism & Benevolence of your Excellency, hav-
ing been so often experienced in your various Stations,
we are convinced of the Sincerity of the Sentiment ex-
pressed in your Message, that it always gives you the
highest pleasure, when consistent with your Idea of the
publick good, to meet the wishes of the People.

The embarrassed situation of this State, pleads in be-
half of our Constituents to accept your generous & un-
solicited favour, tho at the Same time, we would not wish
to have it operate as a precedent to influence any suc-
cessor in office, to relinquish any part of his yearly salary.

The Constitutionality of the Question, relative to the
Governor's Salary being undetermined, we shall at pres-
ent wave our Sentiments on this subject ; as this decision
without doubt, will claim the attention of the Legislature
when they shall think expedient. June 28, 1787.

Chapter 62.

Chan 62 resolve empowering the treasurer to receive sol-

1 ' DIERS ORDERS DRAWN FOR ONE MONTH'S PAY, AGREEABLY

TO THE RESOLUTIONS OF THE GENERAL COURT, OF THE
SECOND OF MAT LAST, IN PAYMENT OF THE SPECIE PART
OF THE LAST TAX, PROVIDED THE SAME ARE EXHIBITED
BY THE FIRST OF SEPTEMBER NEXT.

Resolved, that the Treasurer of this Commonwealth Be,
And hereby is empowered And Directed, to Receive Sol-
diers orders Drawn for one month's pay, agreeably to the
Resolutions of the General Court, the Second Day of
May last, in payment of the Specie part of the last State
tax, And Any other outstanding taxes, provided the Same
Are exhibited to him for payment on or before the first
day of September next. June 30, 1787.

Chapter 63.

Chan 63 RES0LVE granting a tax of £.200, to be assessed on the

*■ ' INHABITANTS OF THE COUNTY OF PLYMOUTH, FOR THE USE

OF SAID COUNTY.

Whereas it appears by a Resolve of the Gen_ Court,
passed the sixth Day of March last past, that the County
Treasurer's Accounts for the County of Plymouth, were
duly examined and allowed : And

1787. — May Session. 703

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 tenth Day of
April last, that the Sum of two Hundred Pounds, is nec-
essary for defraying the Charges of the Said County, for
the years Seventeen Hundred eighty Six, and Seventeen
Hundred eighty Seven.

Therefore Resolved, That there be, and hereby is
granted a Tax of tivo 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 Commonwealth. July 2, 1787.

Chapter 64.

GRANT OF £.17, TO THE HONOURABLE SETH WASHBURN, ESQ; p}inrn (\±
AND OTHERS, COMMITTEE ON ACCOUNTS. \jflUJJ. Utfc

Resolved, that there be Allowed And paid out of the
Treasury of this Commonwealth, to the Hon-1-6 Seth
Washburn, And others, Committee on Accounts, Seven-
teen pounds, in full for their extra pay as Committee of
Accounts for the year 1785. July 2, 1787.

Chapter 65.

RESOLVE DIRECTING COLLECTORS OF IMPOST AND EXCISE, AND nfinfn fift
NAVAL OFFICERS, TO SETTLE THEIR ACCOUNTS WITH THE {^nUP' X)°
COMPTROLLER GENERAL, AND TO MAKE RETURN TO HIM
OF ALL OUTSTANDING DEBTS, &c.

Whereas the Acts, Resolves & Orders directing the
Naval Officers & Collectors of Impost & Excise, to Settle
their Accounts, have been and may be differently under-
stood, by different officers; & whereas it is necessary
that there should be a Uniformity in their proceedings, &
that Government may have exact Informations not only
of the annual Revenue derived from Impost & Excise,
but of the Sums due on these Duties prior to the first of
January last.

Resolved, That the Several Naval Officers and Collec-
tors of Impost & Excise, who have not Settled their ac-
counts, be, & they are hereby directed, forthwith to
Settle them with the Comptroller General, any Resolves
or order to the Contrary notwithstanding.

Resolved, That the Naval Officers and Collectors of Im-

704 1787. — May Session.

post & Excise, and their respective Deputies, be, and are
hereby directed, forthwith to make return to the Comp-
troller General, of all the Outstanding Debts, & all the
Unliquidated Bonds given, and an Account of all such
Seizures as they have respectively made, prior to the first
day of January last, & that they Severally pursue the
Steps of the Law in the recovery thereof.

& it is further resolved, that the Comptroller General
lay a State of the Sums before the General Court, on the
Second Wednesday of their next Sessions.

July 2, 1787.

Chapter 66.

Chart 66 RES0LVE 0N THE petition of jotham bush, granting £.ioo

■^' FOR SO MUCH PAID IN DISCHARGE OF AN EXECUTION MEN-

TIONED.

On the Petition of Jotham Bush, Praying he May
be Reimbursed One hundred Pounds, he Paid William
Greenleaf, Esqr ; in Discharge of an Execution In favour
of the Commonwealth against him ; for Reasons Sett
forth in the Said Petition,

Resolved, that there be Allowed and Paid out of the
Public Treasury, to Jotham Bush, one hundred Pounds,
for So much he Paid in Discharge of an Execution in
favour of the Commonwealth, on A Judgment Recovered
against him, at the Supreme Judicial Court at Worcester,
in Sept!' 1784, for the Nonappearance of Ben] Fisk, at
the Said Court, it appearing to this Court that the Said
Fisk was Prevented attending by Sickness.

July 2, 1787.

Chapter 67.

C7 nr> CI RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN
Kjliap. 0< 0F BRIST0L, COUNTY OF LINCOLN.

On the Petition of the Selectmen of the Town of Bris-
tol, praying that the Treasurer of the said Town may be
impowered to issue Executions against deficient Collec-
tors.

Resolved, that the prayer of the said Petition be
granted, and the Treasurer of the said Town, is hereby
fully authorized and impowered to issue his Writ or
Writs of Execution against any Collector or Collectors of

1787. — May Session. 705

the said Town, who may have remaining in their hands
respectively, any part of the public Taxes, which by a
Resolve of the General Court, passed on the twenty-
fourth Day of March 1786, they were directed to pay into
the Treasury of the said Town of Bristol.

July 3, 1787.

Chapter 68.

RESOLVE ON THE PETITION OF JOSEPH GARDNER, GRANTING (JJiap. 68
£.254 13 G, TO PAY JAMES SWAN, ESQ; BEING A DEMAND ON *

THE ESTATE OF THE LATE TREASURER GARDNER.

On the Petition of Joseph Gardner, Admin* on the
Estate of Henry Gardner, Esq ; late Treasurer decd pray-
ing Allowance for the Account of James Swan, who as-
sisted in the Treasurer's Office, in the years 1775 & 1776.

Resolved, That there be paid out of the Treasury of
this Commonwealth, to Joseph Gardner, esq ; Admin- on
the said Henry's Estate, the Sum of Two Hundred & Fifty
Four Pounds, Thirteen /Shillings and Six Pence, to enable
him to pay the Demand of James Swan, against the
Estate aforesaid, it being for Service in the Treasurer's
Office, in the years 1775& 1776. July 3, 1787.

Chapter 69.

RESOLVE ENTITLING GORDON HUTCHINS, TO NO FURTHER (JhaT) 69
BENEFIT OR REMEDY FROM ANY PROCESS IN THE PREM- ■* '

ISES.

Whereas by a Resolve of the General Court, passed on
the seventh Day of March last, Gordon Hutchins is
intitled' to the same legal process on a Judgment and
Execution in the said Resolve mentioned, as he would
have been, had the said Execution been returned wholly
unsatisfied ; and whereas it appears that the real Estate,
on which the said Execution was levied, was appraised at
twenty one pounds, and no more, and that the remaining
Sum of the said Execution was otherwise satisfied.

Therefore resolved, that the said Gordon Hutchins shall
be intitled to no further Benefit, or Remedy from any
process in the premises, than he would have had, if the
same Execution had been returned unsatisfied, for such
part thereof only as was levied on real Estate, any thing
in the Resolve aforesaid notwithstanding. July 5, 1787.

706 1787.— May Session.

Chapter 70.

ChaW. 70 RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE
1 GENERAL COURT.

Resolved, that there be paid out of the Treasury of this
Commonwealth, the sum of eight shillings to each member
of the Council ; the sum of seven shillings & six pence to
each member of the Senate, and the sum of seven shillings
to each member of the House of Representatives, for each
day they have respectively attended the Council or the
General Court the present session, also the sum of one
day's pay, for every ten miles distance each member lives
from this place.

It is further resolved, that there shall be paid out of
the public Treasury to the Honb1? Samuel Adams, Esqr ;
President of the Senate, & to the Honorable James
Warren, Esqr; Speaker of the House of Representatives,
each, the sum of six shillings per day, for every day's
attendance on the General Court the present session, over
and above their respective pa}' as members thereof.

July 5, 1787.

Chapter 71.

Chan 71 RES0LVE 0N THE petition of Joseph Thompson, lieu-

"' TENANT COLONEL OF THE LATE 10th MASSACHUSETTS

REGIMENT, DIRECTING THE TREASURER TO ISSUE HIS
NOTE OR NOTES, FOR THE SUM OF £.43 19, WITH INTEREST
FROM 1781.

on the petition of Joseph Thompson, Lt. Colonel of
the late tenth Massachusetts Regiment.

Wereas it appears to this Court that the said Joseph
Thompson, on the 20th of December, 1779, received of
Maj^-Genl Heath, the Sum of one thousand four hundred
and fifty nine pounds , fourteen Shillings, for the purpose
of reinlisting the troops belonging to this State, part of
which money was destroyed by Fire, and the remainder,
with the papers of the petitioner falling into the hands of
the enimy, put it out of his power to account Avith the
Committee for the Same, in consequence whereof the Sum
of Forty three pounds, nineteen Shillings, in Specie, was
Charged to the Said Joseph Thompson, on the Settlement

1787. — May Session. 707

of his accounts to the first day of January 1781 : There-
fore

Resolved, that the Treasurer of this Commonwealth be,
and he is hereby directed to issue his note or notes to the
said Joseph Thompson, for the Sum of Forty-three pounds,
nineteen Shillings, with Interest, from the first day of
January 1781, payable in the Same manner as if no
stopage had been made at the time of setteling the Said
Thompson's accounts. July 5, 1787.

Chapter 72.

RESOLVE ON THE PETITION OF JOSEPH BOYD, COLLECTOR OF Qhaj) 72
STATE TAX, NO. 5, FOR THE TOWN OF BRISTOL, IN LINCOLN ■*■ '

COUNTY, EMPOWERING THE TREASURER TO RECEIVE THE
WARRANT MENTIONED.

On the petition of Joseph Boyd, Collector of State Tax
No. 5, for the Town of Bristol, in the County of Lincoln,
praying that he may be enabled to pay into the Treasury
of this Commonwealth, on the Specie part of the sd tax
No. 5, a Warrant drawn on the Treasurer, in favour of the
Said Boyd, for the Sum of Eighty One Pounds, eighteen
Shillings & one penny :

Resolved, That for reasons Set forth in the s? petition,
the Treasurer be, and hereby is empowered, and directed,
to receive the aforesaid Warrant of the aforesaid Joseph
Boyd, and credit him therefor the sum of Eighty one
pounds, eighteen Shillings & one penny, on the specie
part of State Tax No. 5, committed to the s? Joseph Boyd
to collect of the Inhabitants of the Town of Bristol, in
the County of Lincoln. July 5, 1787.

RESOLVE EMPOWERING THE QUARTER MASTER TO ALLOW PAY
FOR ADJUTANTS AND OTHERS HORSES, UPON HIS RECEIV

Chapter 73.

I Chap. 73

ING SATISFACTORY EVIDENCE.

Resolved, That the Quartermaster General be, and he
is hereby ordered and directed, to allow pay for the service
of the Adjutants horses, and of the horses impressed into
the Public Service, during the present Rebellion, at the
same prices allowed for similar services ; upon his receiving
satisfactory evidence of the performance of the same.

July 5, 1787.

708 1787. — May Session.

Chapter 74.

CJiaV 74 RESOLVE ON THE PETITION OF SAMUEL FAR RE R AND OTHERS,
■* ' INVALIDS ON CASTLE-ISLAND, DIRECTING THE COMMISSARY

GENERAL TO FURNISH CLOATHING, AND ALLOWING THEM
PAY.

On the petition of Samuel Farrer and Others, invalids
that are doing duty on Castle Island.

Resolved, that the Commissary General be, and he
hereby is directed, to furnish each of the Said Invalids
with Cloathing, in the Same Manner as the Garrison of
the Said Castle Island are furnished.

and it is further Resolved, that there be allowed and
paid out of the Treasury of this Commonwealth, to the
Pensioners that may apply, and being Properly Certified
agreable to a resolve of the General Court, of ye 17th'
March 1786, the Several Sums affixed to their names re-
spectively on the rolls, which the Secretary has or may
transmit to the Treasurer, agreable to the Kesolve afore-
said, in the same Manner that the Garrison of Castle
Island are paid, and that the same be charged to the
united States Accordingly. July 5, 17S7.

Chapter 75.

Chap. 75 (R0LL No' 7-}

The Committee on Accounts, have examined and passed
upon the Accounts that have been presented, and report,
that the several Sums carried out they find Due to ye- Towns,
& Persons hereafter mentioned, which if allowed will be
in full Discharge of said Accounts.

Joseph Hosmer, per Order.
Viz:

To Joseph Frost, for services performed in January
last, as Brigade Major in ye Counties of York &
Cumberland, . . . . . . . .£.440

To William While, for services performed at the Hos-
pital for }'e Commonwealth, at West Boston, in March
last 4 10 0

To Thomas Doumc's bill for mending Chairs, &c. be-
longing to ye Senate-Chamber, in May last, . . 0 18 0

To Doctr Timothy Danforlhs Bill for Visits & Medi-
cines for one Hannah Mirick, of ye poor of Charles-
town, from May 1784, to Sept'- 1785, . . . . 0 17 4

To Doctr Edmund Bancroft, for administring to John
Withington, a sick Soldier, in Coll. Badlands Regi-
ment, last Winter, 0 10 7

1787. — May Session. 709

To Doctr John Flagg, for administring to Richard
Hunnewell and Daughter, two of ye poor of Charles-
town, from March 17 XG, to March 17b7, . . . £.6 5 10

To Bcnj. Edes & Son, for Printing for the Common-
wealth, from Novr- 1786, to June 11th, 1787, . . 44 18 2

To Edward Eveleth Powers, for the same Service from

Febrf- 1787, to May 1787, by Order of Secretary, . 56 18 0

To John Trace//, Deputy Adjutant General, for his
Services and Expences last Winter, in consequence
of special Orders, 32 8 0

To Sampson Wood, for his Trouble & Expences, with
Assistants, in removing George Marsden to Boston,
Goal in March last 4 18 0

To the Selectmen of Bedford, for entertaining ye Widow
Hannah Mirick, one of ye Poor of Charlestown, and
an old Negro of ye same Town, from ye Is' of JaiV-
1786, to ye last of April 1787 20 10 0

To Doctr Samuel Williams, as Agent on York line, for
his Journey, Services, Expences & Assistant, in his
Services by Order of Government in SepV & OcV
1786, as a Ballance of his Account, . . . . 30 15 7

To the Town of Brim-field, for Powder delivered in July
1775, for ye use of ye Commonwealth, which was to
have been replaced, ....... 300

To the Town of Lanesborough, for keeping Samuel
Harrison & Son, States Poor, from Feb". 1782, to May
1785, 85 10 0

To the same Town, for supporting ye same Person,

with his Family, to ye 7th of M ay 1787, . . . 41 12 0

To the Selectmen of Rutland, for supporting John
Chard & Family, poor of ye Commonwealth, & other
Expences in 1785, and 1786, Himself, Wife, & two
Children 17 3 4£

To Enoch Shephard, for his Services in riding Express

in December last, when y- travelling was very difficult, 110

To Eliz'-i Osborne for Board, from Nov'- 15th 1786, to

June 20th 1787, one of the Poor of Charlestown, . 12 8 0

To Eliz- Leman, another of ye Poor of Charlestown,

from Novr- 15th, to June 20th 1787, for Board, . . 9 6 0

To Oliver Frescot, Esqr ; his Charge for Visits & Medi-
cines on account of William Martin, one of the
State's Poor, in 1785, 1786 and 1787, . . . _ . 2 4 0

To John Hootons Account for Oars for ye Castle in
1785, allowed but not paid, & ye Order brought to
ye Committee on Accounts, . . . . . 3 15 5

To Ditto, for Ditto, in 1786, both Bills attested by

proper Officers . . . 3126

To the Town of Dracut, for Boarding, Nursing, Doct-
Bill, &c &c. an extraordinary case, & extraordinary
trouble, on account of John Hancock, one of ye State's
Poor, from y« 3d of Feb. to June 25th 1787, . _ . 32 1 1

To William Sever, Brigade Major, for his Services in
ye present year, agreeable to ye Orders he received
from superior Officers, . . ... 294

To ye Town of South Hadley-, for Boarding, tending in
Sickness, Burying, &c. James Snoiv, one of ye State's
Poor, Feb*. 1786, 7 6 10

710 1787. — May Session.

To John Austin, one of ye Cha7,leslown Poor, together
with his Wife, for Board, from March 2d, to June
27th 1787, £.8 5 0

To Justus Dwight, for Boarding Agnis Thompson. &c.
one of the State's Poor, from ye 1st of May 1786, to
ye 1st of Novr- 1786 19 18 0

To John Wier, one of ye Charlestown poor, for Board,

from Octr- 1785, to Oct? 1786, 24 18 0

To Joseph Cooke, Goal er in Eampshire County, for Ser-
vices & Expenees, & keeping two deserters in 1783, 2 12 6

To the Town of Needham, for Supporting Eliz- Eng-
lish & Family, State's Poor, to April 1st 1785, before
allowed, but not paid, . . . . . . 7 16 3

To the Town of Boston, for Supporting in the Alms
House ye Poor of the Commonwealth from Sejrt- 1st
1786, to March 1st 1787 1890 18 2\

To Samuel Partridge, master of the Alms House in
Boston, for his Trouble in taking care of ye poor of
the Commonwealth, receiving pay from no other
Quarter, and agreeable to ye allowance heretofore
made, which account refers to ye Acct. given in by
ye Town of Boston, above, ... 98 0 0

To the Town of Westborough, for Boarding John
Schudemore, one of the State's Poor, from ye 1st of
Jan3/ 1787, to ye lst^pn71787, 5 13

To the Town of Acton for Supporting John Kennedy
& Wife, State's Poor, from 12th September 1786, to
March 12th 1787 14 13 0

To the Town of Woburn, for Boarding Mary Shute,
one of the State's Poor, from 17th September 1786, to
ye time of her Death, &c 7 0 0'

To the Town of East Hampton, for Supporting Rebecca
Gardner one of ye State's Poor from Dec- 1785, to
April 1787 14 9 9

To James Kettell, for Boarding Himself & Wife, two
of the Charlestown Poor, from Novr- 8th 1786, to 26th
June 1787 9 18 0

To Simon Slow's Account, as Agent to ye Estate of
Henry Barnes, and for Expenees on Journeys, to
June 1787, 8 17 3

To Edward Procter, for supplying a number of Ger-
mans on Governour's Island in ye year 1777; the
Account then offered, examined & allowed, but not
paid, 46 12 6

To ye Town of Lynn, for Boarding, &c. Richard
Hunneivell, aged 74, and daughter, aged 37 years,
with Mart/ Gibson, ye poor of Charlestoion, from ye
1st of Feb* 1787, to ye 1st of July 1787, . . . 20 4 5

To Jacob Killings Bill for Cash advanced for necessary
Articles for vc use of ye House and Senate, to ye 24th
of June 1787, 1 15 te

£. 2610 2 5}
Read and accepted, & thereupon

Resolved, that his Excellency the Governor be, and he
hereby is requested, with the advice of Council, to issue

1787. — May Session. 711

his Warrants on the Treasury for the payment of the sev-
eral persons borne on this Roll, the sums set against their
Names respectively, amounting in the whole to Two thou-
sand six hundred, & ten pounds, two shillings and five
pence one farthing. July 5, 1787.

Chapter 76.

RESOLVE ON THE PETITION OF ABEL HOLMAN, ADMITTING Chap. 76
HIM TO BAIL ON SUFFICIENT SECURITY. *'

On the petition of Abel Holman, junF;

Resolved, That the prayer of the s? petition be so far
granted that Jahleel Woodbridge & Jonathan JVash, •
Esqs ; two Justices of the peace, for the County of Berk-
shire, quorum unus, be, & hereby are authorized to admit
him to bail, on good & sufficient surety for his appearance
at the next supreme judicial court to be holden within &
for the s-d County. July 6, 1787.

',ARNS, DIRECTING (JJiaj). 77
:STER, FROM THE 1 '

Chapter 77.

RESOLVE ON THE PETITION OF SAMUEL STEA,
HIS LIBERATION FROM GOAL AT WORCEl
EXECUTION UPON WHICH HE STANDS COMMITTED, ON BE-
HALF OF THIS COMMONWEALTH, GIVING NOTICE TO HIS
EONDSMEN.

on the Petition of Samuel Stearns, now a Prisoner in
Worcester, Goal, praying that he may be Discharged from
an Execution upon Which he stands Committed, in behalf
of the Commonwealth.

Resolved, for reasons set forth in the said Petition, that
the Prayer be so far granted, that the Sheriff of the
County of Worcester Be, & he hereby is Directed, to Dis-
charge the Said Samuel Stearns from the Execution upon
which he stands Committed in behalf of the Common-
wealth, after Giving notice to the bondsmen of the Said
Samuel Stearns, at least fourteen Days Previous to the
Day the Sheriff may appoint for his Discharge, that the
said Bondsmen may secure him at their own suit, if they
see fit. July 6, 1787.

Chapter 78.

RESOLVE ON THE PETITION OF GEORGE WILLIAMS, REVERS- r*Lar) 7g
ING A JUDGMENT OBTAINED AGAINST HIM. ^flUJJ. IO

On the Petition of George Williams of Marlborough,
Resolved, For reasons set forth in the said Petition, that

712 1787. — May Session.

a Judgment recovered against him ye Said George, by
Joel Brigham of the same Marlborough, before Samuel
Curtis, Esqr ; a Justice of ye Peace, on the thirteth
day of April last past, be set aside, & rendered null &
void, he the s"? George Williams, paying to the s? Joel
Brigham, the Cost of Suit taxed in the s*? judgment, and
that ye s*? Joel Brigham, may in future, (if he see cause),
bring a new Action for ye Debt mentioned in the s. Judg-
ment. July 6, 1787.

Chapter 79.

Chan 79 RES0LVE 0N THE PETITION OF JAMES SULLIVAN, SETTING
^ * ASIDE A JUDGMENT GIVEN IN AN ACTION IN THE SUPREME

JUDICIAL COURT, AT IPSWICH, IN JUNE CURRENT, WHEREIN
MICHAEL FARLEY, ESQ; WAS PLAINTIFF, AND JOHN MURRAY
DEFENDANT, AND CONTINUING THE CAUSE TO THE NEXT
COURT AT SALEM.

Upon the Petition of James Sullivan.

Resolved, that the Judgment given in an action in the
Supreme Judicial Court, holden at Ipswich, within and
for the County of Essex, on the third Tuesday of June
current, wherein Michael Farley, Esqr ; Treasurer of said
County, is original Plaintiff, and John Murray was orig-
inal Defendant, for the reason in the said Petition, be,
and hereby is set aside, and that the cause be continued
to the next Supreme Judicial Court, to be holden at
Salem, within and for the County of Essex, in the Same
manner as if the cause had been regularly continued to
that Time ; and the Clerk of the Said Court, is directed
to carry the same action forward to the Said Court, to be
holden at Salem as aforesaid, in the same manner, & that
the Same proceedings be thereupon had, as if Judgment
had never been given in the cause. July 6, 1787.

Chapter 80.

Chan 8D RES0LVE 0N THE petition of Elizabeth snelling, admin-

■l ' ISTRATRIX ON THE ESTATE OF JONATHAN SWELLING, DE-

CEASED, EMPOWERING HER TO COMMENCE AND PROSECUTE
TO FINAL JUDGMENT, ANY SUITS AGAINST ELIZABETH
GOLDTHWAIT, ADMINISTRATRIX ON THE ESTATE OF EZEKIEL
GOLDTHWAIT DECEASED, OR AGAINST OTHER PERSONS.

Resolved, that Elizabeth Snelling, administratrix on the
estate of Jonathan Snelling, deceased, Intestate, be, and
she is hereby authorized & empowered, to commence and

1787. — May Session. 713

prosecute to final Judgment and Execution, any suit or
suits against Elizabeth Goldthwait, administratrix on the
Estate of Ezekiel Goldthwait, Esqr ; dec*!, or against any
person or persons whomsoever, in as full and ample a
manner as she might have done, had the said Elizabeth.
Snelling and said Intestate, been citizens of this Common-
wealth at the time of his decease, and had he not been an
absentee, and that she account for all Monies which may
be by her recovered on any suit or suits so to be brought,
with the Judge of Probate of Suffolk County, as the estate
of the said Jonathan Snelling, to be distributed according
to Law. July 6, 1787.

Chapter 81.

RESOLVE GRANTING £120 TO CAPTAINS JOSHUA DANFORTH & (JJidj) 81
PARK HOLLAND. 1 '

On the several Petitions of Joshua Danforth & Park
Holland, who have Complied fully with the requisitions
of Government, as Agents and pay masters, and are intitled
to the Allowance that has been made Other Agents in like
cases :

Resolved, that there be Allowed and paid out of the
Treasury of this Commonwealth, to the Said Joshua Dan-
forth and Park Holland, the Sum of one hundred and
twenty pounds each, in full compensation for their time,
Travel & expences, in performing the business of their
Appointment respectively, they to be accountable for all
sums of Money, by them at any time respectively received,
and this Allowance to be charged to the united States.

July 6, 1787.

Chapter 82.

RESOLVE DIRECTING THE TREASURER TO ISSUE ORDERS ON QhciV. 82
COLLECTORS IN FAVOUR OF MEMBERS OF THE GENERAL 1 '

COURT.

Resolved, that the7 Treasurer of this Commonwealth be,
and he is hereby directed, to pa}^ to such members of the
General Court, as may choose to receive orders for their
Travel and attendance at the General Court the present
Session, Orders on any of the Taxes which were assessed
previous to the year One thousand seven hundred & eighty
four, or on the Specie part of the Tax Granted in the year
one Thousand seven hundred & eighty six, at their election ;

714 1787. — May Session.

provided such Orders be drawn on the Collectors of such
Towns to which such members respectively belong.

July 6, 1787.

Chapter 83.

Chan 83 resolve directing the treasurer to recall his execu-

-^ * TION ISSUED AGAINST HOPKINTON.

Resolved, that the Treasurer of this Commonwealth be,
and he hereby is directed, to recall the Execution issued
against the Town of Hopkinton, for deficiency of Taxes,
and to stay the same till the fourth Wednesday of the
next setting of the General Court, and that the further
Consideration of the petition of Walter Mc'Farland, in
Behalf of the said Town, be referred to the said Session.

July 6, 1787.

Chapter 84.

Chan 84 resolve on the petition of monsieur and madame de
\jlMjJ. o* GREG0IRE, granting them the island of mount desert,

AND OTHER LANDS, UPON CERTAIN CONDITIONS THEREIN
MENTIONED.

Whereas it appears to this Court, that the Lands
claimed by Monsieur & Madam De Gregoire, as described
in their Petition, were in April, 1691, granted to Mon-
sieur De La Motte Cadillac, by his late Most Christian
Majesty, Louis, 14, to hold to him as an Estate of Inheri-
tance, & that said Madam De Gregoire is grand daughter,
& direct Heir at Law of the said De La Motte Cadillac.
But whereas by long Lapse of Possession, the legal title
to the said Lands, under the said Grant, is lost to the
Heir at Law of the said Monsieur De La Motte Cadillac ;
and the said Monsieur & Madam De Gregoire, have not
any Interest or Estate now remaining therein, but thro
the Liberality and Generosity of this Court, which are
not hereafter to be drawn into precedent : And whereas
it is the disposition of this Court, to cultivate a mutual
Confidence and Union between the Subjects of his Most
Christian Majesty and the Citizens of this State, and to
cement that Confidence & Union by every Act of the most
liberal Justice, not repugnant to the Rights of their own
Citizens :

It is therefore Resolved, that there be, and hereby is

1787. — Mat Session. 715

granted, to the said Monsieur & Madam De Gregoire, all
such parts and parcels of the Island of Mount Desert &
other Islands, & tracts of Land particularly described in
the Grant or Patent of his late Most Christian Majesty,
Louis 14, to said Monsieur De La Motte Cadillac, which
now remain the Property of this Commonwealth, whether
by original Kight, Cession, Confiscation or forfeiture, to
hold all the aforesaid parts and parcels of the said Lands
& Islands to them the said Monsieur and Madam De
Gregoire, their Heirs & assigns, forever :

Provided however, that the Committee for the Sale of
Eastern Lands be, and they hereby are authorized and
fully empowered, to quiet to all or any Possessors of, or
Claimers to the title of any parts of the Lands herein de-
scribed, all such parts & parcels thereof as they the said
Committee shall think necessary & expedient, and on such
Consideration & Conditions as they the said Committee
shall judge equitable & just, under all Circumstances,
conformable to the precedents heretofore Established with
regard to settlers. And this Grant is not to take Effect,
& it shall not be lawful for the said Monsieur & Madam
De Gregoire, to take or hold possession of the Lands
hereby granted, untill an Act or Bill of Naturalization has
been passed in their favour. July 6, 1787.

Chapter 85.

AN ADDRESS TO HIS EXCELLENCY, TO REMOVE FROM OFFICE, QhaT) 85
EPHRAIM FITCH AND JOHN HURLBUT, JUSTICES OF THE ^'

PEACE.

Ordered, That Charles Turner and Tristram Dalton,
Esq'rs, Mr. Sedgwick, Mr. Van SchaacJc and Mr. Parsons,
be a Committee to present to his Excellency, the follow-
ing address.

May it please your Excellency ,

The two branches of the General Court, sensible how
important it is, that the Characters of men, appointed to
superintend the execution of the Laws, should be pure
and unsullied, and that their patriotism, their love of their
Country, and inviolable attachment to the constitution,
should not be subject to any just suspicions, take the
libert}^ to make known to your Excellency, that Pphraim
Pitch of Egremont, in the county of Berkshire, Esqr ;

716 1787. — May Session.

and John Hurl but of Alford, in the same county, Esquire
Justices of the Peace, within and for that County, have
been Indicted by a very respectable Grand Jury, of the
heinous & detestable crime of high treason : And that
they, when the noble and generous exertions of freemen,
dispersed the Forces of rebellion, fled from the justice of
their Country. That in the opinion of the General Court
their flight could have originated only from a conscious-
ness of guilt. But whether innocent or not, the Honor
of Government requires that men, against whom there is
just foundation of suspicion, should not be permitted to
exercise offices of such great importance. The General
Court therefore request, that your Excellency would be
pleased, by and with the advice and consent of Council,
to remove the Said Ephraim Fitch, and John Hurlbut,
from their offices aforesaid. July 6, 1787.

Chap. 86

Chapter 86.

RESOLVE PROVIDING FOR THE PAYMENT OF THE MONEY
HERETOFORE BORROWED OF THE BANK, DIRECTING THE
TREASURER TO BORROW THE FURTHER SUM OF £.1000 OF
SAID BANK, TO PAY THE MEMBERS OF THE GENERAL
COURT, &c.

Whereas the Treasurer of this Commonwealth has from
time to time, by direction of the General Court, borrowed
several sums of money from the President and Directors
of the Massachusetts Bank, agreably to the Resolves
which have passed for the purpose, and it appearing to
this Court that the Sums so borrowed are not yet wholly
discharged :

Resolved, that the Treasurer be, and he hereby is
directed to govern himself in discharging the Debts due
from this Commonwealth to the President and Directors
aforesaid, agreably to the mode pointed out in the Resolve
of the 20th of Feby. 1787, directing him to pay the same
out of the fhvt money received in the treasury from the
impost and Excise, or from any taxes ; any thing con-
tained in any law or resolve to the contrary notwithstand-
ing : And the Treasurer is further directed, in order to
expedite the payment of the aforesaid debts, to call upon
the Excise and Impost Officers throughout this Common-
wealth, to pay what monies they may receive into the
treasury monthly, where their local Situation will admit
of so doing.

1787. — May Session. 717

And it is further Resolved, That the Treasurer of this
Commonwealth be, and he is hereby authorized &
directed, to borrow of the President & directors of the
Massachusetts Bank, the Sum of One thousand pounds,
which sum the said Treasurer is hereby directed to pay
to the Members of the Hon-1 Council, the Members of the
Hon1^' Senate & House of Representatives, in proportion
to the sums due to them for their attendance the present
session of the Gen^ Court : And the Treasurer aforesaid is
further directed to repay the money he may borrow, in
pursuance of this Resolve, in the same manner as provided
for the payment of money heretofore borrowed of the
President and Directors of the Massachusetts Bank, agre-
ably to the Resolution heretofore passed as aforesaid for
that purpose. July 7, 1787.

Chap. 87

Chapter 87.

RESOLVE ON THE PETITION OF ABRAHAM SHATTUCK.

On the petition of Abraham Shattuck, praying that a
fine of twenty jiounds, imposed on him by judgment of
the Supreme Judicial Court, be received in the Govern-
ment Securities of this Commonwealth :

Resolved, that the prayer of the said petition be so far
granted, as that the said Abraham Shattuck be permitted
to discharge the said line, in the aforenamed Securities of
this Government, agreeably to the prayer of his Petition ;
and the Sheriff* of the County of Middlesex, is hereby
directed to receive the same in satisfaction of the said
judgment accordingly ; provided the said Shattuck pay
the costs of prosecution, in the same manner as though
this Resolve had not been passed. July 7, 1787.

Chapter 88.

RESOLVE GRANTING JOSHUA SHAW, £.29 8s. IN A C0NS0LI- Chan 88
DATED NOTE. ""

On the petition of Joshua Shaw, representing that his
wages, amounting to twenty-nine pounds, eight Shillings,
have been paid on a forged order, and praying the Con-
sideration of this Court :

Resolved, that the Treasurer be, and he hereby is
directed, to pay out of the publick treasury to the Said
Joshua Shaw or order, a Consolidated note for the Sum

718 1787. — May Session.

of twenty nine pounds, eight shillings, the Said wages
having been Drawn by A Forged order notwithstanding.

July 7, 1787.

Chapter 89.

Chan. 89 resolve respecting collectors of impost and excise

r' TAKING OATHS, AND DIRECTING THE SECRETARY TO PUB-

LISH THIS RESOLVE, AND A RESOLVE PASSED THIS DAY
RESPECTING THE COLLECTION OF BACK TAXES.

Resolved, That each & every Collector of Impost &
Excise, within this Commonwealth, shall on his present-
ing any Orders drawn on the Revenue of Impost &
Excise, before he is credited for the same, take the fol-
lowing Oath before the Treasurer of this Commonwealth,
or before some Justice of the peace, who shall administer
the same without any Fee.

I A. B. do Swear, that all the Orders now Offered by
me in payment of Impost & Excise, committed to
me to collect, to the amount of were

actually received from the several persons Indebted
for Impost & Excise, or otherwise, without any dis-
count or premium, either directly or indirectly, or
any promise or hope of reward. So help

me GOD.

And it is further Resolved, That each Collector of
Impost & Excise shall require the same Oath of each of
their Deputies, previous to their giving them credit for
any Orders drawn as aforesaid ; a certificate of which Oath
shall be forwarded to the Treasurer with such Orders.

Ordered, That the Secretary cause the foregoing
Resolve, together with the Resolve of this day respect-
ing the collection of taxes, to be published in the Inde-
pendent Chronicle. July 7, 1787.

Chapter 90.

Chan 90 resolve on the petition of the selectmen of the town

* ' OF ROIVE, DIRECTING THE TREASURER TO DISCOUNT THE

SUM MENTIONED, AND EMPOWERING THE SELECTMEN TO
MAKE OUT AND DELIVER TO THE CONSTABLE OR COL-
LECTOR OF SAID TAX A WARRANT IN DUE FORM OF LAW.

On the Petition of the Selectmen of the town of Rove,
Setting forth, that the Said town was taxed thirty one

1787. — May Session. 719

pounds ten Shillings, as Representative's Pay, in the tax
passed July ninth 1784, altho the said town then Called
Myr [field, had never Sent A Representative to the Gen-
eral Court :

And also that the town was taxed the Sum of Seventy
four pounds, one Shilling & eight pence in ther abovesaid
tax, exclusive of the Said thirty one Pounds ten shillings,
mentioned for Representative's pay ; and altho they did
make a return of the Assessment of the Said tax of Seventy
four pounds one Shilling & eight pence, to the Treasurer,
have not received a warrant for the Collection of the Same.

Therefore Resolved, that the Treasurer of this Com-
monwealth, be, and he is hereby directed, to Discount
with the Constable or Collector of the town of Rowe, or
Myrijield, the above Sum of thirty-one pounds ten Shil-
lings, Set on the Said town as Representative's pay, and
Charge the Same to the Commonwealth, furthermore,

Resolved, That the Selectmen or Assessors of the town
of Roive, for the time being, be empowered, and they are
hereby empowered and directed to make out and deliver
to the Constable or Collector of the Said tax of Seventy
four pounds, one Shilling & eight pence, a Warrant in
due form of Law for the Collection and paying into the
Treasurer of the Commonwealth, the foreo-oinsr Sum ao-re-
able to the Laws of the State. July 7, 1787.

Chapter 91.

RESOLVE DIRECTING THE TREASURER TO REPAY THE MONEY
BORROWED OF THE DIRECTORS OF THE BANK, PURSUANT
TO A RESOLVE PASSED THIS DAY, OUT OF THE FIRST MON-
IES RECEIVED IN THE TREASURY.

Whereas by a Resolve of the General Court passed
this day, the Treasurer of this Commonwealth is author-
ized & impowered, to borrow the sum of one thousand
pounds, of the President & Directors of the Massachu-
setts Bank, for the purpose in the said Resolve mentioned ;
and the said Treasurer is further directed to repay the
money so borrowed, in such manner as may interfere with
some former appropriation, which was not the intent of
the said Court : Therefore

Resolved, That the Treasurer be, & hereby is directed,
to repay the money he shall borrow of the President &
Directors of the Massachusetts Bank, pursuant to the

Chap. 91

720 1787. — May Session.

direction of the Gen. Court in the Resolution of this day,
out of the first money received in the Treasury from the
Impost & Excise, or from any Taxes, not interfering with
any former appropriation, any thing in the afore-recited
act to the contrary notwithstanding. July 7, 1787.

Chapter 92.*

Chan 92 Resolve granting to each of the delegates who shall

*■ ' PROCEED TO CONGRESS £.200.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to the Delegates who are
appointed to represent this State in Congress, the ensuing
year, and who shall proceed on the business of their
appointment, the sum of two hundred pounds each, they
to be accountable for the sums they shall respectively
receive. July 7, 1787.

Chapter 93.

Chan 93 resolve on the petition of hezekiah hooper and

1 ' ELIPHALET CART, ADMINISTRATORS ON THE ESTATE OF

JOSIAH EDSON, LATE OF BRIDGWATER, DECEASED.

On the petition of Hezekiah Hooper and EUphalet Cary,
Administrators on the estate of Josiah Edson, late of
Bridgvxtter, deceased, representing that the said Josiah
purchased of his father, Josiah Edson, of the said Bridg-
water, a Conspirator, a lot of land by deed, bearing date
December the eighth, 17fii>, which deed was not acknowl-
edged in the life time of the subscribing party ; and as the
witnesses to the said deed are deceased, therefore praying
for a confirmation of the said deed. Also setting forth
that there is a small lot of land, consisting of eight acres,
adjoining to the lot aforesaid, which was the property of
the said Conspirator, and praying, for reasons set forth in
the petition, that the said eight acres might be granted
to the heirs of the said Josiah, junr.

Resolved, that the deed given by Josiah Edson, of
Bridgwater , to Josiah Edson, junr. bearing date as afore-
said, be, and hereby is confirmed and established, to all
intents and purposes, as fully and amply as though the
same had been acknowledged by the Grantor ; and the
Register of Deeds for the County of Plymouth, is hereby

* Taken from court record.

1787. — May Session. 721

authorized to record the same deed, any Law to the con-
trary notwithstanding.

Resolved, that a certain lot of land, lying in Bridgivater
aforesaid, containing eight acres, bounded easterly on the
said thirty acre lot ; northerly on a River ; westerly on
Simeon Leonard's land ; and southerly on Richard Leon-
ard's land, be, and hereby is granted and confirmed to
Caleb Edson and Josiali Edson, being the only heirs to
the said Josiah, first above mentioned, in equal shares, as
an absolute estate in fee simple, to them, their heirs and
assigns, forever. July 7, 1787.

Chapter 94.

RESOLVE GRANTING £40. TO THE CLERK OF THE SENATE Qfrap. 94
AND HOUSE. "'

Resolved, that there be allowed and paid out of the
Treasury of this Commonwealth, to George R. Minot,
Esqr ; Clerk of the House of Representatives, and to Mr.
Sam1- Cooper, Clerk of the Senate, the Sum of Forty
pounds Each, they to be accountable for the sums they
shall respectively Receive. July 7, 1787.

Chapter 95.

RESOLVE ON THE PETITION OF HOPESTILL FOSTER, SETTLING CIlCM) 95
THE ESTATES MENTIONED, TO HIM AND SUSANNAH HIS * '

WIFE.

Upon the Petition of Hopestill Foster, praying that cer-
tain real Estate therein mentioned, may be settled upon
his now Wife, for and during her natural Life, for reasons
set forth in his Petition :

Resolved, that the prayer of the said Petition be so far
granted, as that the Estates therein mentioned, which are
said to have been given to the said Hopestill, for his natural
Life, are hereby settled upon the said Hopestill & Susannah
his Wife, for & during their joint Lives, and upon the
said Susannah, so long as she shall continue the s_ Hope-
stilVs widow, in case she survives him, and the Estate
therein in Remainder, shall enure and vest in such Person
or Persons, as are mentioned in the last will & Testament
of the Father of the said Hopestill, upon the Death of the
survivor of them, in such way and manner, as it would
have done, had not this Resolve have been made.

Provided, that the said Hopestill shall proceed to rebuild

722 1787. — May Session.

Houses of equal value with those mentioned in the said
Petition, & shall and do in fact build and finish the same
in like manner & so far as the said Houses mentioned to
be burnt, were built & finished, on or before the first day
of June, Anno Domino seventeen hundred & ninety. And
provided further, that it shall be made to appear to the
judge of Probate of Suffolk County, who is hereby author-
ized & impowered to examine & determine the same, that
one fifth part of all the expence from building & finishing
the same houses, shall be paid by some one or more of the
Relations of the said Susannah, being other than said
Hopestill. July 7, 1787.

Chapter 96.

Char). 96 eesolve allowing the county treasurer's accounts

"' FOR THE COUNTY OF LINCOLN, AND GRANTING A TAX TO

BE ASSESSED ON THE INHABITANTS OF SAID COUNTY.

Whereas it appears upon Examination of the Treasurer's
Accounts for the County of Lincoln, that they are right
cast & well vouched, and that all the monies granted and
allowed by the Court of General Sessions of the Peace for
the said County, for the year 1782, were for such pur-
poses and appropriations, 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 said Court, made on the first day of June, 1785,
that it is necessary that the Sum of Six hundred and fifty
poimds, be apportioned and assessed on the inhabitants
of the said County, and the Estates Lying within the
Same ; and Collected, paid and applied, for the use of
defraying the necessary charges that have already or may
arise within said County.

Be it therefore Resolved, that the said sum of Six hun-
dred & fifty pounds be granted, assessed and applied
accordingly, and for the purposes aforesaid, according to
the Law in such case provided. July 7, 1787.

Chapter 97.

Chan 97 RES0LVE 0N THE petition of matthew bridge, guardian

■* TO JOHN FOYE OF CHARLESTOIVN.

On the Petition of Matthew Bridge, Guardian to John
Foye of Charlestown, a Person non compos mentis, and by

1787. — May Session. 723

desire of the Selectmen of the Town of Charlestown, pray-
ing that the said Guardian may be impowered to make
Sale of the said John's Estate, for the purpose of his Com-
fortable Support during his natural Life : Therefore

Resolved, That the said Matthew Bridge, in his Said
capacity, with the approbation of the Selectmen of the
said Town of Charlestown, be, & he is hereby authorized
& impowered to make Sale of all the said John's Real
Estate, for the express purpose of providing a Comfort-
able Support for him, during his natural Life, as the
Selectmen may approve of: and the Said Matthew Bridge,
in his said capacity, may make &, execute good & Law-
ful Deed or Deeds to the purchaser or purchasers thereof,
he giving Bonds to the Judge of Probate for the County
of Middlesex, that the net Proceeds Shall be apply ed
according to Law ; and the Said Sale made as aforesaid,
shall be good & Valid in Law, to all intents & purposes ;
any Law or Resolve to the contrary Notwithstanding.

July 7, 1787.

Chapter 98.

RESOLVE GRANTING £.3 15s. 5d. TO JOHN WILSON, FOR HIS Qhan 98

SERVICES. -*

On the Petition of John Wilson, Praying that he may
be allowed his Pay for his Service as a Soldier in Capt.
John Lane's Company, in the Sea-coast Service, in the
year 1775 :

Resolved, that there be allowed and paid out of the
treasury of this Common Wealth, to John Wilson, the
Sum of Three pounds Fifteen Shillings and five pence, in
full for his Service in Capt. John Lane's Company, in the
Sea coast Service in the year 1775. July 7, 1787.

Chapter 99.

RESOLVE GRANTING 39s. TO EACH OF THE COMMITTEE ON Chan 99

ACCOUNTS. J- '

Resolved, that there be allowed and paid out of the pub-
lick Treasury of this Commonwealth, to the Honourable
Joseph Hosmer, John Games & Noah Goodman, Esq'rs,
the sum of thirty nine shillings to each of them, amount-
ing in the wThole to the sum of Five pounds, seventeen
shillings, in addition to their pay as members of the Gen-

724 1787. — Mat Session.

eral Court ; which sum is in full for their Services as a
Committee to pass on Accounts the present Session of the
General Court. July 7, 1787.

Chapter 100.

Chan 100 Resolve on the petition of hezekiah fat, of south-

^' BOROUGH, IN THE COUNTY OF WORCESTER, STAYING EXE-

CUTION TILL THE THIRD WEDNESDAY OF THE NEXT SETTING
OF THE GENERAL COURT.

On the Petition of Hezekiah Fay,o£ Soulhborough , in
the County of Worcester, Constable for the year 1780,
praying that an Execution for the Sum of Seventeen
pounds nineteen shillings and 3-, Silver money, issued
by Thomas /vers, Esqr ; Treasurer & Receiver General
of the Said Commonwealth, be discharged, for reasons
Set forth in the said Petition.

Resolved, that the said Petition be refered to the next
Session of the General Court, and that execution be
Stayed till the third Wednesday of the same.

July 7, 1787.

Chapter 101.

Char) 101 RES0LVE 0N THE petition of theodore sedgwick, ren-

^ • \Ji. DERING VALID IN LAW SEVENTEEN ACTIONS COMMENCED
IN THE COURT OF COMMON PLEAS, IN BERKSHIRE COUNTY.

Whereas it appears to this Court, that by means of a
Report in the County of Berkshire, which was believed,
that the Law, entitled an Act for rendering processes in
the Law less expensive, was repealed, seventeen actions,
which were commenced since the first day of January last
past, and which were commenced on writs issued from the
Clerk's office, are now depending in the Court of common
pleas, in the said County ; & whereas considerable ex-
pence & Loss will accrue to the plaintiffs, in those actions,
should no provision be made for rendering Valid the
processes on which the Said actions were commenced :
Therefore

Resolved, that the processes aforesaid be, & they hereby
are confirmed & rendered Valid, to all intents & pur-
poses whatever, & that the proceedings & Judgments
which have been or may be had in the Actions aforesaid,

1787. — May Session. 725

shall have the same Operation & Effect to all intents &
purposes, as if the Law aforesaid had never been made,
any Law to the Contrary notwithstanding.

Provided always however, that nothing contained in the
foregoing resolution shall have an effect to destroy or in-
validate any attachments or conveyances which have since
been made, agreably to the provisions of the Law : And
provided also, that the Costo to be Taxed in any of the
Actions aforesaid, shall be the same as would have been
Taxed, had the same been commenced in Due form of
Law. July 7, 1787.

Chapter 102.

RESOLVE ON THE PETITION OF JOHN TAYLOR, EMPOWERING
HIM TO BRING FORWARD HIS APPEAL FROM A DECREE OF
THE JUDGE OF PROBATE, AND THE JUSTICES OF THE SU-
PREME JUDICIAL COURT TO SUSTAIN SAID APPEAL, AT
THEIR NEXT TERM AT WORCESTER.

on the Petition of John Taylor of Douglass, in the
County of Worcester, praying for liberty to bring forward
an appeal from a decree of the Judge of Probate, which
decree was made in March last, on the final report of
Commissioners of insolvency, upon the Estate of Aaron
Willard, late of Lunenburg, deceased, on which Estate
the Said Taylor has Certain Demands.

Resolved, that the prayer of his Said Petition be
granted, and that the Said John Taylor be, & he hereby
is impowered, to bring forward his appeal from the afore-
said decree, and the Justices of the Supream Judicial
Court, at their next Teim to be holden at Worcester,
Within & for the County of Worcester, are to sustain the
Said appeal, and to proceed thereon in the Same manner
as they might have done, had the same been Claimed
within the time limited by law for Claiming appeals from
a Decree of a Judge of Probate : Provided nevertheless,
that the said Taylor, shall on or before the tenth day of
August next, give Satisfactory bonds to the Judge of
probate for the said County, to prosecute his appeal, and
at the Same time file in the Said office his reasons of ap-
peal, and abide all other forms in the Said office, in the
Same manner as he ought to have done, had he brought
his said appeal within the time limited by law.

July 7, 1787.

Chap.102

Chai) 104 RESOLVE FOR EMPLOYING MESS'RS ADAMS AND XOL
*■ ' ERS, TO PRINT THE ACTS AND RESOLVES, AND

726 1787. — May Session.

Chapter 103.

CJiai) 103 RESOLVE DIRECTING THE SECRETARY TO DELIVER JOHN TAT-
"" LOR, ESQ; SUNDRY ORIGINAL PAPERS.

Resolved, That the Secretary be, and he is hereby Di-
rected, to deliver to John Taylor, his Bonds and Other
private papers Which were Committed with the Said
Taylors Petition, Praying for Liberty to Appeal from
the Decree of the Judge of Probate for the County of
Worcester. July 7, 1787.

Chapter 104.

>UBSE, PRINT-
ALL OTHER
PRINTING OF GOVERNMENT FOR THE PRESENT YEAR.

Whereas Adams and JSFourse have offered to print all
the Laws & Resolves of the General Court the present
year, gratis, provided they can have the priviledge of per-
forming all other printing for the Government the present
year:

Resolved, that the said Adams & Novrse be paid out
of the public treasury, the sum of three shillings for every
Square for printing all acts, Resolves, proclamations &
orders of Government, which they may be directed to
print in their Newspapers ; and that they be employed to
perform all the other Printing of Government, for the
present year, provided that the said Adams and IVuiirse,
print all the Acts & Resolves of the General Court, gra-
tis, on good paper, with a good Type, in as good a man-
ner as was done the last year, to be stitched in blue paper,
one set of which shall be delivered to each member of the
General Court, and to each Town & Plantation in this
Commonwealth ; and the Secretary & Treasurer are hereby
directed to govern themselves accordingly.

July 7, 1787.

Chapter 105.

Chan 10^) RESOLVE GRANTING the MESSENGER of the GENERAL COURT
^ Jr £.20 TO ENABLE HIM TO PURCHASE FUEL.

Resolved, that there be allowed & paid out of the treas-
ury of this Commonwealth, To Jacob Kuhn, Messenger
To the General Court, the sum of Twenty pounds, to

1787. — May Session. 727

Enable him to procure Fuel, Candles, &c. for the use of
Government, he To be accountable for the expenditure
thereof. July 7, 1787.

Chapter 106.

RESOLVE SUSPENDING A RESOLVE PASSED THE 2d INST. ON CliapAQQ
THE PETITION OF JOTUAM BUSH. ^'

Resolved, that the operation of a resolve of the Gen-
eral Court of the second day of this present month, for
the purpose of paying to Jotham Bush, the sum of one
hundred pounds, be, & the same hereby is suspended untill
the further order of the General Court, any thing con-
tained in the said resolve to the contrary notwithstanding.

July 7, 1787.

Chapter 107.

RESOLVE APPROPRIATING THE REVENUE ARISING FROM AUC- QhaB 107
TI0NEERS, FOR PAYING THE CLERKS IN THE SECRETARY'S "''

OFFICE.

Resolved, that the Revenue arising to this Common-
wealth from Auctioneers, be appropriated till the further
order of this Court, for the purpose of paying the several
clerks in the Secretary's-Office. July 7, 1787.

Chapter 108.

RESOLVE ON THE PETITION OF BAKERSTOWN, AND SEVERAL
OTHER TOWNS IN THE COUNTY OF LINCOLN, DIRECTING
THEM TO CHOOSE MEET PERSONS IN EACH OF SAID PLAN-
TATIONS, IN THE MONTH OF AUGUST NEXT, TO TAKE A
VALUATION, &c. AND DIRECTING THE SHERIFFS IN THE
MEAN TIME TO STAY EXECUTIONS.

Resolved, That the plantation called Bakerstown, in the
County of Cumberland, and the Plantation called Wales,
in the County of Lincoln, be, & they hereby are sev-
erally directed to choose three meet Persons in each of
the said Plantations, in the month of August next, who
are hereby ordered, after having been sworn faithfully
to discharge the trust hereby assigned them, to take a
valuation of all the Valuable Estate of every Person iu
their respective plantations, also the number of Polls,
agreably to the Schedule, on which the last valuation was

C%9.108

728 1787. — May Session.

taken, and to require the same to be given on Oath where
they shall Judge it necessary, which Oath they are hereby
impowered to administer ; and the same to return into
the Secretary's Office, on or before the third Wednesday
in October next, in Order that the General Court may be
enabled to make such abatements, as the Circumstances of
the plantations aforesaid, and the situation of the Com-
monwealth, may require.

And it is further Resolved, that the Sheriffs of the
Counties of Cumberland and Lincoln be, and the}7 hereby
are directed, in the mean time ; to Stay the Executions
they Severally may have against the Plantations aforesaid
and the Secretary is hereby directed to send a Copy of
this Resolve to each of the Plantations therein named,
together with a Cop}7 of the Schedule by which the last
Valuation was required to be returned. July 7, 1787.

Chap.109

Chapter 109.

ROLL No. 8.

The committee on Accounts have examined & passed
upon the Accounts presented, and report, that the Sums
set against the Names of the Towns & persons hereafter
named, are due to them ; and if allowed, will be in full
Discharge of the said Accounts.

Joseph Hosmee, per Order.

Viz.

To William Segars of Gloucester, for his Services and
Monies advanced as Sergeant of ye Artillery, and
taking care of public Stores till ye 16th July, 1786,
from March 16th, 1784, £.38 15 0

To Samuel Huston, for his Advances for ye Public, on
Account of the Light House at Gloucester, from 1783,
to March, 1787, Oil not included, 34 i 6

To Doctf Porter, for his care of Aaron Gale, a sick
Soldier, & Medicines last Spring, as per Bill, and
properly certified, 19 0

To Doct! Sheldon, for Visits & Medicines for Capt.
Ashley's Men last April, as per Account examined by
a Physician ; which was ye case with the Account
above, 3 10 0

To Doct: Turners Bill, for Services done for Josiah
Holbrook, a Soldier, last Feb-, by order of General
Patterson, 440

Toy" same person for two Soldiers in Captn. BlancharaVs

Company, from Feb*- 1787, to May 18th, . . . 8 0 0

To the Town of Pepperrell, for taking care of ye family
of James Marsten, consisting of six Persons, he being
in ye late Rebellion, and not a native of this Country,
from March 2d, 1787, to June 2d, 1787, . . . 17 0 0

1787. — May Session. 729

To the Town of Mention, for supporting James Thompson,
one of ye State's Poor from ye 1st Hep1- 1786, to ye 1st
of March 1787, \ . £.8 0 0

To ye Town of Uxbriclge for Board, extraordinary
Trouble, Cloathing, &c. on account of Betty Trifle,
one of ye State's Poor, from y« 26th Sep*, 1786, to
March 26th, 1787, 15 12 0

To the Town of Spencer, for Boarding, &c. Robert
Griffin, one of the State's Poor, from Feby- 1784, to
May 23d, 1787, 39 9 7

To the Town of Lexington, for Boarding Sarah Fowle,
one of y" Poor of Carlestown, an infirm Woman, from
Jarfi 1st, to April 1st, 5 17 0

Also from April 1st to July 1st 1787, . . . . 5 17 0

To the Town of Southborough, for Supplies afforded to
Nicholas Hopping. & Family, (Jharlestown Poor, from
y« 1st of April, 1786, to ye 1st of April 1787, . . 4 0 0

To E. Haskell, D. A. General, in General Cobb's Division,
for his Services from ye 1st of May 1786, to ye 1st of
June 1787, 18 0 0

To Samuel Henshaw, Esqr ; for his Services in number-
ing and signing consolidated Notes, ye Acctf attested
by yK Treasurer, 39 12 0

To Doct: Abijah Cheever for Visits & medicines on
account of Robert Wiley, a State's Poor, from De& 17th
1786, to March 24th 1787, 23 12 0

To the Estate of Thomas Ivers, Esqr; for Paper pur-
chased of Mr. Jonathan Amory, from March 12th 1786,
to Oct'- 9th 1786, which Paper was paid for by the
Bevd. Mr. Samuel tarker, one of ye Executors, . . 7 10 0

£.274 12 1

Kead and accepted, and thereupon, Resolved, that his
Excellency the Governor, with the advice of Council, be,
and hereby is requested, to issue his Warrant on the
Treasury for the payment of the several persons borne on
this Roll, the sums set against their names respectively,
amounting in the whole to two hundred & seventy four
pounds, twelve shillings, & one penny. July 7, 1787.

Chapter 110.

RESOLVE FOR EXPEDITING THE COLLECTION OF BACK TAXES, n-, •> -, n

EMPOWERING THE TREASURER TO ISSUE ALIAS EXE- vflCtp. 11U
CUTIONS AGAINST CONSTABLES AND COLLECTORS.

Whereas by a Resolve passed the 6th da}^ of July,
A.D. 1786, the Treasurer of this Commonwealth, was
directed not to issue Alias Executions, against any Con-
stables or Collectors of the first moiety of the Continental
Tax, granted in the year 1782, or any Tax granted before

730 1787. —May Session.

that Period, after a Time limited by the said Resolve,
unless by Direction of the Governor & Council. And
whereas by Reason of the opposition to Law and justice,
in the late Rebellion, the Sheriffs of several Counties have
not been able to compleat the Collection of the Taxes
aforesaid.

Resolved, that the Treasurer of this Commonwealth be,
and he is hereby impowered & directed, to issue Alias
Executions against all Constables & Collectors of Taxes
against whom Executions have been issued, in conse-
quence of the aforesaid Resolve ; any thing therein con-
tained to the contrary notwithstanding.

And it is further resolved, that the s"? Treasurer is hereby
directed, immediately to issue his Executions against de-
ficient Constables & Collectors of all the Taxes granted
prior to July the 9, 1784. and if any Sheriff to whom
Executions may be directed, in Consequence of the fore-
going Resolves, shall neglect to return the same within
the time limited by Law, or shall return such Executions
in part satisfied, the said Treasurer is hereby directed,
forthwith to issue an Execution against the Estate of such
sheriff', directed to a Coroner of the same County, for the
whole Sum due on the Executions against such deficient
Constables or Collectors, that the said Executions may be
levied and collected according to Law.

And it is further resolved, that the several Constables
& Collectors of the Tax granted in March, 1786, be, and
they are hereby impowered & directed, to continue receiv-
ing Army Notes & Indents or Certificates, agreably to
the Provision made in the said Tax Act ; any Law or
Resolve to the contrary notwithstanding ; and the Treas-
urer is Hereby directed to govern himself accordingly.
& he is hereby further directed, to issue his Executions
against all the Constables and Collectors of the last men-
tioned Tax, & of the Tax granted July the ninth, in the
year of our Lord, one thousand seven hundred & eighty
four, who shall not on or before the first Da}' of November
next, compleat the whole Sum or Sums committed to them
respectively to collect.

And it is further resolved, that the Collectors of Paper
Money Taxes, prior to the New Emission Money Tax,
granted in 1781, be, and they are hereby impowered and
directed, to receive the Specie Value thereof, agreably to
the Scale of Depreciation, in the Consolidated Notes of

1787. — May Session. 731

this Commonwealth ; and the Treasurer is directed to
receive such Notes in discharge thereof accordingly.

And it is further resolved, that all Orders which have
been, or hereafter shall be drawn by the Treasurer of this
Commonwealth, upon Tax No. 1, No. 2, or No. 3, may,
and shall be received in payment of either of the said
Taxes indiscriminately.

And it is further resolved, that the several Sheriffs, to
whom Executions may be committed agreably to the fore-
going Resolutions are hereby directed, to receive in pay-
ment (for any kind of Property taken by Distress from
Constables or Collectors, & sold by virtue of the said
Executions) any orders, Notes, or Certificates that will
discharge the Tax, for which the said Property was taken ;
and all Constables & Collectors, are hereby directed to
observe the same Rule in receiving Payment for any
property taken by Distress (from any person or persons
named in the Kate Lists,) and sold for the Discharge of
Taxes committed them to collect.

Provided however, that in all Instances where any
Collector of Taxes has advanced to the Treasurer of this
Commonwealth, a Sum in Specie over and above the
Collections he has made on his Rate List, and shall so
make it appear to the Assessors of the said Tax, he may
proceed to distrain, & dispose of property to the amount
of the said Sum, in Specie, in manner as heretofore
practiced ; the foregoing Resolve notwithstanding.

And be it further resolved, that all orders drawn on the
Specie part of Tax No. 5, may & shall be received of any
person against whom the Collector may have a Demand
for the Specie, in full payment and Discharge of his or
her part or proportion of the said Specie, in manner afore-
said. July 7, 1787.

Chapter 111.

RESOLVE ON THE PETITION OF JARED INGERSOL AND OTHERS, njinr) 111
ADMINISTRATORS ON THE ESTATE OF COL. JOHN BROWN, Kj'lUl)'
LATE OF PITTSF1ELD, GRANTING £.41 10s. FOR THE LOSSES
SUSTAINED.

On the Petition of Jared Ingersoll and Others, adminis-
trators on the Estate of Col. John Brown, Late of Pitts-
field, decd.

Resolved, for Reasons mentioned in the Said Petition,

732 1787. — Mat Session.

that there be Paid out of the Treasury of this Common-
wealth, to Jared Ingersoll and others, Administrators
aforesaid, the Sum of forty one Pounds Ten Shillings, in
full for the Losses {Sustained, they to be accountable
therefor, to the Judge of Probate for the County of Berk-
shire. July 7, 1787.

Chapter 112.

Chart 112 RES0LVE establishing the pay of the committee for
-* ' methodizing accounts, and the messenger to the gov-

ernor AND COUNCIL, AND DISCHARGING THE CLERK AT THE
TREASURER'S OFFICE, FOR CONSOLIDATING GOVERNMENT
SECURITIES.

Resolved that the pay of the Committee for methodizing
the public Accounts shall be for the future, the sum of
ten shillings per day, for each member of the said Com-
mittee, & that the pay of the Messenger to the Governor
and Council shall be for the future the sum of seven shillings
per day.

and whereas it appears that the Clerk at the Treasurer's
office for consolidating Government Securities, is at present
useless, it is therefore further resolved that the said Clerk
be discharged. July 7,1787.

Chapter 113.

f7?tfr>1"13 RESOLVE AUTHORIZING THE COMMITTEE FOR METHODIZING
° -^ ACCOUNTS, TO CALL ON ALL PERSONS TO WHOM PUBLIC

MONIES OR PUBLIC STORES HAVE BEEN COMMITTED, AND
CALLING ON ALL TOWNS TO FORWARD A PARTICULAR
ACCOUNT OF ALL BOUNTIES, AND DIRECTING THE SECRE-
TARY, TREASURER AND COMMISSARY, TO FURNISH THEM
WITH VOUCHERS FOR THE PAYMENT OF MONIES OR
SUPPLIES.

On the memorial of John Ueming & Peter Boyer, Com-
mittee for settling the Claims of this Commonwealth,
against the United States ;

Resolved that the Committee aforesaid are hereby
Authorized and directed to call on all persons, to whome
public Monies or Public Stores have been Committed,
and who have not Accounted, to bring in their Vouchers
for the expenditure of the same, and Compleat their
settlement within Three Months from the date of this
resolve — and if such persons do not compleat the Settle-
ment within that Time, the Committee aforesaid are
hereby directed to furnish the Attorney General with a

1787. — May Session 733

Copy of the Accounts of such public defaulters ; and the
Attorney General is hereby directed to prosecute them
without delay.

And it is further Resolved that the said Committee are
hereby Authorized and directed, to Call on the Selectmen
of the several Towns in this Commonwealth, who have
not already so done, to forward to them a Particular
Account of all Bounties for raising Men for the Conti-
nental Army or the Militia Called into Service during the
late War, made either by Towns, Classes, or Individuals ;
and the Selectmen of the several Towns in this Common-
wealth, are hereby required to furnish the said Accounts
within Three Months from the date of this Resolve, to the
Committee Aforesaid, accompanied with proper vouchers,
and if such vouchers cannot be Obtained, the Selectmen
are directed to produce the best evidence they can pro-
cure in Order to support the several payments.

And it is further Resolved that the Secretary, Treas-
urer, and Commissary General, and also the Executor or
Executors of the late Treasurer Ivers, & all others pos-
sessed of Vouchers necessary for the settlement of the
public accounts, be directed to furnish the Said Commit-
tee, with all vouchers for the payment of Monies, or
supplies by this Commonwealth, on Account of theunittd
States, that may be in their respective offices.

And it is further Resolved that the Committee aforesaid
be impowered (if they find it necessary) to imploy one
or more Clerks in addition to the one now in their office —
and that the Secretary be directed to Print this Resolve in
Adams & Nourse's paper. July 7, 1787.

Chapter 114.

RESOLVE PROHIBITING ANY PROSECUTIONS AGAINST ANY PER- Q/lClV 114
SONS FOR SEDITION OR SEDICIOUS PRACTICES, FROM THE 1st *'

OF JUNE 1786, TO THE 13th OF JUNE LAST.

Resolved that until 1 the End of the next Session of the
General Court, there shall be no prosecution by indict-
ment, commenced, had, or further proceeded on against
any person or persons, Citizens of this Commonwealth,
for Sedition, or Sedicious Practices, which shall have
been committed within this Commonwealth, at any time
from the first day of Jane 1786, to the thirteenth day of
June last past. July 7, 17S7.

734 1787. — May Session.

Chapter 115.

Chan.115 resolve allowing the accounts of the county treas-

1 ' URER FOR THE COUNTY OF ESSEX, AND GRANTING A TAX TO

BE ASSESSED ON THE INHABITANTS IN SAID COUNTY.

Whereas it appears upon Examination of the Settle-
ment of Accounts between y! General Sessions of the
peace, for the County of Essex, and the Treasurer of the
said County, on April y! 15th, 1787, that all the Money
Granted and alowed by the said Cort of Generale sessions
of the peace for the year passt, Were for such purposes
and appropriations, as by Law the said Cort were Empow-
ered to Grant : Therefore,

Resolved, that the said accounts be accepted and allowed.

And Whereas it appears from an Estimate of the
Justices of the said Court, Made at their sessions on the
first Tuesday of april 1787, that the sum of Six hundred,
and Thirty pounds, Will be Necessary for Defraying the
Charges of the said County, for one year next ensuing :

therefore, Resolved, that there be, and hereby is Granted
a Tax of six Hundred, and thirty pounds, to be apportioned
on the polls and Estates of the Inhabitants of the said
County of Essex, and assessed, Collected, and applyed
according to the Laws of this Commonwealth.

July 7, 1787.

Chapter 116.

Chan 116 RES0LVE upon the petition of Joseph greenough, di-

-* RECTING THE COLLECTOR TO DELIVER THE HATS MENTIONED.

Upon the petition of Joseph Greenough, shewing that
he had ordered from London, a quantity of hats of various
kinds, before the late act, prohibiting the importation of
that commodity ; that not being able to countermand the
said orders seasonably, the said hats are arrived, and are
now in the custody of the Collector of Impost and Excise
for the county of Suffolk, and praying that the said hats
may be delivered to him upon his paying the full duties
on the importation of hats, at the time of passing the said
prohibition :

Resolved, That the said Collector be, & he is hereby
directed, to deliver to the said Joseph Greenour/h the said
hats, upon his paying the duties aforesaid, together with

1787. — May Session. 735

the charges that have already accrued, any act or resolu-
tion to the contrary notwithstanding. July 7, 1787.

Chapter 117.

RESOLVE ESTABLISHING THE PAY OF THE TROOPS ORDERED TO Chdp.lH
BE RAISED BY A RESOLVE OF THE 13th INST. AGREEABLY TO 1 '

THE PROVISION MADE BY THE RESOLVES OF THE 6th AND
25th OF FEBRUARY LAST, AND ALLOWING THE SAME RATIONS,
AND HOW PAID.

Resolved, That the pay of the Commissioned Officers,
non-commissioned officers and privates, ordered to be
raised by the Resolve of the 13th Instant be the Same as
was provided by the Resolves of the (3th & 25th of Febru-
ary last, for the Troops, then in the Service of this
Commonwealth, and that the Same Rations be allowed as
by the last Establishment of the Continental Army, and
that the Said Officers and privates be paid out of the first
moneys that shall come into the treasury from that part
of the Impost and Excise Appropriated for the use of
Government ; and from that part of the Specie Tax
granted in March 1786, and Appropriated for the use of
Government, or from any Additional impost & Excise, or
any future Tax that is not already appropriated.

Provided however, that the said payments be not made
out of any monies heretofore appropriated by government
to other uses. July 7, 1787.

RESOLVES

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS:

TOGETHER WITH THE SPEECH AND MESSAGES OF HIS EX-
CELLENCY THE GOVERNOR TO THE SAID COURT:

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF-
FOLK, ON WEDNESDAY THE 30th DAY OF HAY, ANNO
DOMINI, 1787; AND FROM THENCE CONTINUED BY AD-
JOURNMENT, TO WEDNESDAY, THE SEVENTEENTH DAY
OF OCTOBER FOLLOWING.

Chapter 1.* Chap. 1

[October Session, ch. 1, 1787.]

Chapter 2.

RESOLVE ON THE PETITION OF JOSEPH AARON, AN INDIAN,
NATIVE OF GRAFTON, EMPOWERING THE TRUSTEES TO SELL
THE LANDS MENTIONED.

On the Petition of Joseph Aaron, an Indian, Native of
the Town of Grafton, praying for liberty to sell four
Acres of Land, to enable him to pay his just Debts, for
reasons set forth in the said Petition :

Resolved, that the prayer thereof be Granted, and that
the Trustees of the said Grafton, Indians, be, and they
are hereby empowered to sell the four Acres of Land,
mentioned in the petition, belonging to the said Joseph
Aaron, and to give a Good Deed or Deeds thereof, they
observing the rules prescribed by law, for the Sale of
Lands belonging to the Indians, and that the proceeds

* Governor's speech, see end of volume.

Chap.

738 1787. — October Session.

arising by such sale, be applied by the said Trustees to
the discharge of the said Joseph Aaron's just debts.

October 19, 1781.

Chap.

Chapter 3.

RESOLVE ON THE PETITION OF JAMES SWAN, TO NOTIFY THE
ADVERSE PARTY TO SHEW CAUSE, &c.

Upon the petition of James Swan, of Dorchester, pray-
ing that an appeal be granted him from the Judgement
of TJws Crafts, Esquire which was rendered in favor of
Emanuel Elam :

Resolved, that the said petitioner serve the adverse
party with a copy of the said petition, & this Resolve
thereon, twenty days preceding the second Wednesday
of the next Sessions of the General Court, to appear, if
he see fit, to shew cause why the prayer of the said Peti-
tion should not be granted, & in the mean time that Exe-
cution be stayed. October 19, 1787.

Chapter 4.

Chan 4 RESOLVE ON THE PETITION OF CHARLES FURBUSH, DIRECTING
* ' THE SHERIFF OF THE COUNTY OF ESSEX, TO STAY THE

EXECUTION MENTIONED, UPON CONDITION.

Upon the Petition of Charles Furbush, seting forth,
that at the Supreme Court holden at Salem, in the month
of November, A. D. 1779, he, together with one Aaron
Blanchard, were recognized as Sureties for the Appear-
ance of one Oliver Whiting, and that the said Whiting
failed to make appearance, &c. praying for Relief as set
forth in the said Petition :

Resolved, that the prayer of the said Petition be so far
granted, as that the Sheriff of the County of Essex, be,
and he hereby is directed to stay Execution, and not to
levy the same, upon Condition he, the said Charles, shall
& does procure good and sufficient Sureties for the pay-
ment of forty pounds, in Consolidated Notes, into the
Treasury of this Commonwealth, and also the Sum of
thirteen rounds, four Shillings and ten pence, lawful
Money, being the costs of Court, into the Treasury of
the aforesaid County of Essex, within twelve Months,
which payments when made shall be in full Satisfaction
and Discharge of the said Execution. October 22, 1787.

1787. — October Session. 739

Chapter 5. *

RESOLVE ON THE PETITION OF GEORGE TALBOT, GRANTING
HIM, £.3 12 4, OUT OF THE PROCEEDS OF THE ESTATE OF
WILLIAM BIRCH, AN ABSENTEE.

On the Petition of George Talbot, praying that he may
be allowed the Sum of three pounds twelve shillings and
four pence, out of the Estate of William Birch, an Ab-
sentee :

Resolved, that the Treasurer be, and he is hereby di-
rected to pay to George Talbot, the Sum of three pounds,
twelve shillings & four pence, out of the Proceeds of the
Estate of William Birch, an Absentee, the same being in
discharge of the s-1 Talbot's Demand against s- Estate.

October 23, 1787.

Chapter 6.

RESOLVE GRANTING PROTECTION TO PERSONS WHO SHALL
HAVE OCCASION TO ATTEND ON BUSINESS PENDING BEFORE
THE GENERAL COURT.

Resolved, that the right of granting writs of protection
to persons who have business pending at the General
Court, and whose attendance there, on examination by
Committee, or otherwise, appears to be necessary, is a
right incident to either House, or both Houses of the
Legislature, to continue as long, and no longer, than the
nature of the business shall require, and that either
House has a right to order it's Clerk, to issue such writ,
in favor of such person, for such reasons, and in the same
way as heretofore has been the usual custom, upon proper
application. October 23, 1787.

Chapter 7.

RESOLVE ALLOWING THE NAVAL OFFICER, FOR THE PORT OF
BOSTON, £.300 PER ANNUM, AND DIRECTING THE NAVAL
OFFICERS IN THE SEVERAL SEA-PORTS, TO KEEP AN AC-
COUNT OF THEIR FEES, AND TRANSMIT THE SAME TO THE
TREASURER.

Whereas from the Multiplicity of the business in the
Naval Office, of the port of Boston, the fees received in
the said Office, may amount to a greater sum than will be
sufficient for the maintenance and support of the said
Officer :

Chap.

Chap).

Chap. 7

740 1787. — October Session.

Resolved that from and after the passing of this resolve,
there be allowed to the Naval Officer, for the port of
Boston, out of the fees received in the said Office, the
sum of three hundred pounds per Annum, for his support
and the pay of his Deputy, and all other expences attend-
ing the business of the said Office, provided the fees an-
nually received therein, may amount to the said sum, and
the residue if any there be, shall be paid into the public
Treasury, any law or Resolve to the contrary notwith-
standing.

And it is further resolved, that the Naval Officers within
this Commonwealth be, and they hereby are directed to
keep an exact account of the fees annually received in
their respective Offices and transmit the same, under oath,
once a year, to the treasurer of this Commonwealth.

October 23, 1787.

Chapter 8.
Char) 8 Resolve on the petition of Jonathan wood, empower-

"' ING TWO JUSTICES TO GRANT HIM A LICENCE TO KEEP

TAVERN.

On the Petition of Jonathan Wood, who was not li-
cenced as an Innholder, at ye last Court of General Ses-
sions in ye County of Essex, by reason that his Certificate
from the Collector of Excise by some accident was mis-
laid, and as the said Certificate has been since found :

Resolved, That any two Justices of ye Peace in ye same
County, quorum unus, be, & they hereby are empowered
& directed to grant a Licence to the petitioner, agreeable
to the prayer of his Petition, until the next Court of Gen-
eral Sessions in said County for granting Licences, he
observing & complying with the Laws of this Common-
wealth, relative to Innholders. October 24, 1787.

Chap.

Chapter 9.

RESOLVE RECOMMENDING TO THE PEOPLE TO CHOOSE DELE-
GATES FOR THE CONVENTION, TO MEET AT THE STATE-
HOUSE IN BOSTON, THE SECOND WEDNESDAY IN JANUARY
NEXT, AGREEABLY TO A RESOLUTION OF CONGRESS, &c.

Whereas the convention lately assembled at Phila-
delphia, have reported to Congress a Constitution for the
United States of America, in which convention were
represented the States of New Hampshire, Massachusetts,

1787. — October Session. 741

Connecticut, Neiv York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South
Carolina and Georgia, which Constitution was unani-
mously approved of by the said States in convention
assembled : and whereas that Convention resolved, that
the said constitution should be laid before the United
States in Congress assembled, and that it was their
opinion that it should be submitted to a convention of
delegates chosen in each State by the people thereof,
under the recommendation of its legislature, for their
assent and ratification ; and that each convention assent-
ing to and ratifying the same, should give notice thereof
to the United States in Congress assembled.

And whereas the United States in Congress assembled,
by their resolution of the 28th of September last, unani-
mously resolved, that the Constitution so reported, be
transmitted to the several legislatures, in order to be sub-
mitted to a convention of Delegates chosen in each State
by the people thereof, in conformity to the resolves of
the said convention, in that case made and provided ; and
whereas the said constitution has been transmitted to the
Legislature of this Commonwealth accordingly :

It is therefore resolved that it be, and it is hereby rec-
ommended to the people of this Commonwealth, that a
convention of Delegates be chosen, agreably to, and for
the purposes mentioned in the resolution of Congress
aforesaid, to meet at the State House in Boston, on the
Second Wednesday of January next, and that the consti-
tution so reported, be submitted to the said convention,
for their assent and ratification ; and that the said con-
vention assenting to and ratifying the same, give notice
thereof to the United States in Congress assembled, in
conformity to the resolves of the said Convention, in that
case made and provided.

And it is further resolved, that the Select Men of the
several Towns and districts within this Commonwealth, be,
and they are hereby directed, to convene as soon as may
be, the inhabitants of their several Towns and Districts
qualified by law to vote in the election of representatives,
for the purpose of chusing delegates to represent them
in the said convention.

And to preserve an equality to the people in their
representation in the said Convention, that the several
towns and districts elect respectively, by ballot, not

742 1787. — October Session.

exceeding the same number of Delegates as by law they
are entitled to send representatives to the General Court.

And it is further resolved, that the Secretary im-
mediately procure to be printed a sufficient number of
copies of these resolutions, as also of the said Constitution,
with the Eesolutions of the Convention, & their letter to
the President of Congress accompanying the same ; and
also of the resolution of the United States in Congress
assembled, thereupon, and that he transmit three copies
of the same, as soon as may be, by Expresses, to the
sheriffs of the several Counties, within this Commonwealth,
with positive directions to be by them, or their Deputies,
without delay, personally delivered to the Selectmen of
each Town and District within their respective Counties.

And it is further Resolved, that the Selectmen, or the
major part of the Selectmen, of each Town or District,
shall certify the Election of such person or persons as
may be appointed by their respective Towns or Districts,
as a Delegate or Delegates to the Convention aforesaid.

And it is further Resolved, that the several delegates of
the said Convention, be allowed for their travel & attend-
ance, out of the public treasury, the same pay as will be
allowed to the Representatives therefor this present ses-
sion, & that the same be defrayed at the public expence.

And it is further Resolved, that his Excellency the
Governour be, & he hereby is requested, with advice
of Council, to issue his warrant upon the Treasurer,
directing him to discharge the pay-roll of the said Con-
vention, out of any monies which will then be in Treasury.

And it is further resolved, that if there shall not be suf-
ficient monies then in the treasury for that purpose, the
Treasurer is hereby authorized & directed to borrow suf-
ficient monies therefor on such funds of the Government
as are not appropriated. October 25, 1787.

Chapter 10.

Chan. 10 resolve DIRECTING the treasurer respecting paying
1 ' OFFICERS and soldiers orders.

Resolved, that the Treasurer be, and he is hereby
directed, to pay the orders drawn by Officers and soldiers
mentioned in a resolve of the General Court, May 2,
1787, in the same way & manner he might have done, had
they been presented before the 20th day of June last.

October 26, 1787.

1787. — October Session. 743

Chapter 11.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN Qh,ar), \\
OF CUMMINGTOy. *

On the Petition of the Select Men of the Town of Cum-
mington, setting forth that when they were only the Plan-
tation of No. 5, and previously to their Incorporation,
they had Taxes apportioned to them, at various Times,
to the Amount of Three Hundred and seventy seven
pounds, (en shillings & two pence two farthings, and
praying an abatement thereof.

Resolved That the sum of Three Hundred and seventy
seven pounds, ten /Shillings and two pence two farthings,
the whole Amount of the Taxes aforesaid be, and hereby
is remitted to the Said Town of Cummington, and the
Treasurer is hereby directed to govern himself accord-
ingly. October 26, 1787.

Chapter 12.

RESOLVE ON THE PETITION OF JOSH UA MARIAM, GRANTING 12s. Q]iay)% \2

Resolved, that there be allowed & paid out of the Pub-
lick Treasury of this Common Wealth, to the s*? Joshua
Mariam, the sum of Twelve shillings, in full for his ser-
vices as a Soldier, in Col. LoveVs Regiment, his name
having been omitted in the Muster Roll.

October 26, 1787.

Chapter 13.

RESOLVE DIRECTING THE TREASURER TO BORROW MONEY C]mn 13
SUFFICIENT TO PAY THE CLERKS, IN THE SECRETARY'S "'

AND TREASURER'S OFFICE; THE CLERK TO THE COMMIT-
TEE FOR SETTLING PUBLIC ACCOUNTS, CLERKS OF THE
TWO HOUSES, AND MESSENGERS, £.30 EACH, &c.

Upon ihe Petition of William Harris & others, Clerks
in the Secretaries Office, & upon the Petition of Joseph
Laughlon & others, Clerks in the Treasurer's office, setting
forth, that they have received no pay for their services for
a long time past, and that their Circumstances require the
Interposition of Government, for their immediate relief.

Resolved, that the Treasurer be, & he hereby is directed,
to borrow money upon the faith of this Government, suf-
ficient to pay to each of the Clerks, in the Secretary's

744 1787. — October Session.

office, & to each of the Clerks in the Treasurer's office, to
the Clerk of the Senate, to the Clerk of the House of
Representatives, to the Clerk of the Committee for settling
with the Army, to the Messenger of the General Court, &
the Messenger to the Governor and Council, One hundred
Dollars each, on account of their wages respectively, pro-
vided so much be due, and to the Messenger of the Gen-
eral Court, one hundred Dollars, to enable him to purchase
fuel, Candles & other necessarys for the two Houses, he
to b3 accountable for the same ; and also to the Messenger
to the Governor & Council, One hundred and eighty Dol-
lars, in consideration of money he has already advanced,
for necessaries for the Council Chamber and Secretaries
Office, and to enable him further to purchase Fuel,
Candles & other necessaries for the use of the Council
Chamber and Secretaries Office, he to be accountable for
the same, all which sums to be repaid, from the first
monies which may come into the Treasury, not already
appropriated. October 27, 1787.

Chapter 14.

Chap. 14

ORDER RELATIVE TO THE SUSTAINING THE PETITION OF PER-
SONS, WHO SHALL APPLY FOR ACTS OF NATURALIZATION.

Ordered, that in future no Application or Petition from
any Person or Persons praying for an Act of Naturaliza-
tion, shall be sustained, unless accompanied by sufficient
Recommendations & a certifycate seting forth the length
of time which such petitioner or petitioners, May have
resided within this Commonwealth. October 29, 1787.

Chapter 15.

Chap. 15 resolve on the petition of the selectmen of the town

1 ' OF GROTOy, TO CHUSE A COLLECTOR.

On the Petition of the Select Men of the Town of
Grot on.

Resolved, for Reasons set forth in the said Petition,
that the said Town of Groton, in the County of Middle-
sex, be empowered to chuse a Collector in the room of
William Farewell, who was chosen constable for s^ Town,
A. D. 1781, and commit to such Collector, the State Tax,
which was committed to the s*? Farewell, who is hereby
empowered and required to Collect the Same ; And the

1787. — October Session. 745

Sheriff* of the sd- County, is hereby ordered to stay execu-
tion for 8. Tax, three Months from the Date of this Resolve.

October 29, 1787.

Chapter 16.

RESOLVE ON THE PETITION OF JOHN TUCKER. CJiaj). 16

Upon the petition of John Tucker, praying for relief
against a judgment recovered by Abiel Wood, against him,
before Thomas Rice Esquire.

Resolved, that the said John Tucker, notify the said
Abiel Wood to appear, on the second Wednesday of the
next Session of the General Court, & shew en use if any
he has, why the prayer of the said John Tucker's petition,
should not be granted, by serving the said Abiel Wood
with an attested copy of his petition, & of the resolve of
Court thereon, twenty days at least before the said second
Wednesday ; and that Execution be stayed in the mean
time. October 29, 1787.

Chapter 17.

RESOLVE ON THE PETITION OF JOTHAM BUSH, EMPOWERING QhaV 17
WILLIAM GREENLEAF, SHERIFF FOR WORCESTER, TO PAY "'

HIM £.100, FOR REASONS MENTIONED.

On the Petition of Jotham Bush, for reasons set forth in
said Petition.

Resolved, that William Greenleaf, Esqr. Sheriff of the
County of Worcester be, and he is hereby directed to pay
to Jotham, Bush, the sum of one hundred pounds, which
the said Greenleaf received of the said Bush, in discharge
of an execution issued on a Judgment of the Supreme
Judicial Court, held within the County of Worcester, in
/September 1784, against the said Jotham Bush, as bonds-
man for the appearance of Benjamin Fisk, at the said
Court, there to answer a process entered against him in
behalf of the Commonwealth, it appearing to the satisfac-
tion of this Court, that the said Fisk was prevented
attending the said Supreme Judicial Court, by reason of
sickness, and that he did afterwards appear before the
said Supreme Judicial Court, answer to the said process,
and satisfy the judgment thereon. October 29, 1787.

746 1787. — October Session.

Chapter 18.

Char>' 18 RES0LVE 0N THE petition of william greexleaf, to

"' NOTIFY THE ADVERSE PARTY TO SHEW CAUSE, &c.

On the Petition of William Greenleaf, Esqr. Sheriff of
the County of Worcester, and John King his Depu'y,
praying a new trial upon an action brought against the
said John King, by James Prout of Waltham.

Resolved, that the Petitioners notify the said James Prout,
to appear on the second Wednesday of the next sitting of
the General Court, to shew cause if any he has, why the
prayer of the said Petition, should not be granted, by
lodging with the said James, an attested Copy of their
Petition, and this Resolve thereon, at least thirty days,
previous to the same second Wednesday, and that all
proceedings by virtue of any execution issued on the
Judgment mentioned in the said Petition, be in the mean
time stayed. October 29, 1787.

Chap.

Chapter 19.

29 RESOLVE AUTHORIZING THE SEVERAL COURTS OF THE GEN-
ERAL SESSIONS OF THE PEACE, FOR THE REMAINDER OF
THE YEAR, TO GRANT LICENCES TO SUCH PERSONS AS ARE
DESCRIBED IN SAID RESOLVE.

Whereas provision was made in, and by an Act passed
in the year of our Lord 1785, that no person should from
and after the passing the said Act, be licenced to be a
taverner, Innholder or retailer, unless he produced in
Court, a Certificate or receipt from the Collector of
Excise for the County, or his Deputy, that he has ac-
counted and paid his Excise at the several periods
assigned by the said Act, or within thirty days thereof:

And whereas it is represented to this Court, that some
persons heretofore licenced, when they applied to have
their Licences renewed, failed of the same on Account of
their not having paid their Excise within the time Limited
by Law for that purpose, although they had paid the same
previous to such application, owing to their not having
been informed of the provision aforesaid or otherwise,
whereby injury may arise to themselves & to the public.

Therefore Resolved, that the several Courts of General
Sessions of the peace in this Commonwealth, be, and
hereby are authorized and impowered to grant Licences

1787. — October Session. 747

for the remainder of the year, to such persons as above
described, at their next term after the passing this Resolve,
or the adjournment of their last term (as the case may be)
the above defect notwithstanding. Provided that nothing
in this Resolve, shall be construed so as to authorize any
Licences Contrary, to the above mentioned provision, at
any further time. October 29, 1787.

Chapter 20.

RESOLVE ON THE PETITION OF EDMOND PHINNET, ESQ; AND QJiaj). 20
OTHERS, CONSIDERING ANY ACTION INSTITUTED AGAINST 1 '

THE SAID COMMITTEE AND DECIDED BY THE COURT, BEFORE
WHOM SUCH ACTION MAY BE BROUGHT.

On the Petition of Edmond Phinney, Esqr ; and others,
Resolved, That Edmond Phinney John Deane Esq'rs,
and' Enoch Perley, appointed a Committee by the Court
of General Sessions of the Peace, for the County of Cum-
berland, which was begun and holden at Portland, in the
s<? County, on the last Tuesday of May, A. D. 1786,
agreeable to a Law of this Commonwealth, entitled " An
Act for opening Sluice Ways, in the Mill Dam or Dams
which have or may be erected on Presumpscut-River ,
in the County of Cumberland, and upon any Stream or
Streams which fall into the Same River — Passed the 14th
of March 1785, be and they are hereby Empowered to
Recover the Compensation prescribed by the said Law,
for any services by them performed, within the year for
which they were appointed a Committee, and in the Same
Manner to all Intents and purposes, as if the sA- Law had
not been repealed. And the Justices of the Peace for the
s^ County, and of the Judicial Courts, are directed to
govern themselves accordingly.

Resolved, that any Action Instituted against the said
Committee or either of them, Shall be considered and
Decided by the Court, before whom Such Action may be
brought, in the Same manner, as if the s. Law was still
in Force. October 29, 1787.

Chapter 21.

RESOLVE AUTHORIZING THE COURT OF SESSIONS FOR THE
COUNTY OF WORCESTER, AT THEIR NEXT SESSIONS IN
NOVEMBER NEXT, TO ACT UPON ANY REPORTS MADE TO
THE SAID COURT, IN SEPTEMBER 1786.

Whereas the Court of General Sessions of the Peace
for the County of Worcester, were prevented from sitting

Chap. 21

748 1787. — October Session.

at the term by Law to have been held in September 1786,
at which term there were reports made by Several Com-
mittees appointed by the Said Court of Sessions, to Lay
out roads in the said County, which Repoits are now
rendered void without the interposition of this Court.

Resolved, that the Court of General Sessions of the
Peace, for the County of Worcester be, & they hereby
are authorized & Empowered, at their adjournment, to
be holden at Worcester, on the third Tuesday of November
next, or at any future Session, to take up & act upon any
Report or Reports made to the Said Court of Sessions,
in /September 1786, by Committees appointed to View or
Lay out County Roads or Town Ways, in the same man-
ner as they might by law have done at their term in /Sep-
tember 178H. October 29, 1787.

Chapter 22.

ChaV 22 RES0LVE 0N THE PETITION OF EDWARD BRINLEY, EMPOWER-

^' ING THE JUDGE OF PROBATE OF SUFFOLK, TO AUTHORIZE

THE COMMISSIONERS TO PASS UPON THE CLAIMS MENTIONED.

Upon the petition of Edward Brinley, representing
that he was unable to exhibit his claims against the estate
of the late Eliakim Hutchinson, Esqr ; a Conspirator
deceased, by reason that his note was carried out of the
Country :

Resolved, that the Judge of Probate for the County of
Suffolk, be, and hereby is empowered & directed, to
authorize the Commissioners heretofore appointed or
other suitable persons, to pass upon the claims of the said
Edward Brinley, in the same manner as they might have
done had the claims been exhibited within the time limited
by Law. October 30, 1787.

Chapter 23.

Chan 23 RES0LVE 0N THE petition of samuel huston, granting

-* * HIM £34 4s 6d, BEING THE AMOUNT OF HIS ACCOUNT FOR

SUPPLIES.

Upon the Petition of Sam- Huston, setting forth that he
furnished all the Cotton, to supply the Light House on
Thatcher's Island, for one year, for which he has rec- no
payment.

Resolved, that there be allowed & paid out of the pub-

1787. — October Session. 749

lie Treasury, to the said Huston, the sum of thirty four
pounds four shillings and six pence, being the amount of
his ace1- for the aforesaid supplies as allowed by the Com-
mittee on Accounts, out of the funds arising from light
money, or the surplusage of Naval Officers Fees, brought
into the Public Treasury. October 31, 1787.

Chapter 24.

RESOLVE ON THE PETITION OF THOMAS CLARKE, DIRECTING n7,nr) OA
THE SHERIFF OF ESSEX, TO DISCHARGE HIM OF A FINE Kyn0JP' ^
MENTIONED.

On the Petition of Thomas Clarke, setting forth that
he became Surety to this Commonwealth, in behalf of one
Paul Duston, who was sentenced by ye Supreme Judicial
Court to pay a fine to the Commonwealth, of thirty Pounds,
& praying that he may be allowed to pay the s^ Fine in
Government Securities :

Resolved, that the Prayer of the Petition be granted, &
ye Sheriff of ye County of Essex, is hereby directed to
discharge the s^ Thomas Clarke, upon his paying him the
s^ Fine of thirty Pounds, in consolidated Securities of this
Commonwealth, provided the sa Clarke pay ye Costs of
Prosecution in Specie. November 1, 1787.

Chapter 25.

RESOLVE APPROPRIATING THE ONE PER CENT. DUTY ARISING syj o;-

FROM AUCTIONEERS, TO THE BANK, TO PAY MONEY TO BE ^'iaP' ^
BORROWED FOR CLERKS, &c. IN THE SEVERAL OFFICES.

Whereas by a Resolve of the General Court, passed on
the 27th Instant the Treasurer was directed to borrow
upon Loan a sum of money sufficient to pay to the Clerks
of the Secretarys and other Public Offices, & for other
purposes therein mentioned, & did direct the Treasurer
to repay the Money so borrowed from the first monies
which sh uld be brought into the Treasury, from the
Revenue arising from Impost and Excise, or in any other
way so as not to interfere with appropriations previously
made : And whereas by a Resolve of the 7th of July last,
it was ordered, that the Revenues arising from Auctioneers
should be appropriated fivm that time to the next Session
of the General Court for the purpose of paj'ing the several

750 1787. — October Session.

Clerks in the Secretarys office, which time being expired,
it is therefore

Resolved, That the revenues which shall accrue to this
Commonwealth, from Auctioneers, after the commence-
ment of the present Sessions of the General Court, be, &
they hereby are appropriated to the repayment of the
Money which may be borrowed by the Treasurer in virtue
of the Resolve of the 27th instant ;is aforesaid, & that the
Treasurer govern himself accordingly.

November 1, 1787.

Chapter 26.

Chan 2fi RESOLVE GRANTING JOHN LUCAS, ESQ; COMMISSARY OF PEN-
\yfCiqj. &\> SIONERS £2000 FOR THE PURPOSE OF PAYING THE WAGES

DUE TO PENSIONERS, AND DIRECTING THE TREASURER IN

THIS CASE.

On the Memorial of John Lucas, Esquire ; Commissary
of Pensioners, in behalf of the Invalids unable to do
Garrison duty, and who remain unpaid since the 17th of
March, 1786:

Resolved, That there be paid out of the Treasury of this
Commonwealth to John Lucas, Esqr ; Commissary of
Pensioners, the sum of Two Thousand pounds, for the
purpose of paying in part the Wages due to the said Pen-
sioners, The said Commissary to be Accountable therefor.

And it is further Resolved, that the Treasurer of this
Commonwealth, be, & He is hereby empowered and
directed, to pay the sum granted by this Resolve, in
Orders, in favour of such Persons And in such sums as
the said Commissary shall request, which orders shall be
received in payment for the specie part of Tax No. 5,
granted in the year 178(3 ; and the same to be charged to
the United States. November 2, 1787.

Chap.

Chapter 27.

07 RESOLVE DIRECTING THE HON. SAMUEL HOLTEN, ESQ; TO PAY
£.114 As. IN HIS HANDS, TO THE TREASURER, AND DISCHARG-
ING HIM OF THE BALANCE DUE TO HIM FOR SERVICES IN
CONGRESS.

Whereas by a Resolution of the General Court passed
the 7th day of October, 1786, the sum of Two hundred
pounds was granted to the Honourable Samuel Jlolten,
Esquire ; a Delegate from this Commonwealth in Congress,

1787. — October Session. 751

he to be accountable for the same, and by reason of indis-
position he was under a necessity of returning before the
same became due for bis services as aforesaid :

therefore Resolved, that the Honourable Samuel Ilolten,
Esquire ; be, and he is hereby directed to pay into the
Publick Treasury, the sum of One hundred , fourteen pounds
four shillings, now remaining in his hands, and that he
be discharged of the further sum of Eighty five pounds
sixteen shillings, due to him for his services in his said
capacity, from the 13 day of June, to the 17 day of Aiigust
inclusive, at Twenty six shillings per day, agreeably to
the establishment made by the General Court.

November 2, 1787.

Chapter 28.

RESOLVE FOR PAYING THE DELEGATES OF THIS STATE TO QhaV 28
ENABLE THEM TO PROCEED TO CONGRESS, DIRECTING THE "'

TREASURER TO BORROW ON LOAN £300.

Upon Representation of the Treasurer, that he has it
not in his power to pay to the Honourable Samuel A.
Otis, & George Thatcher, Esq-, Warrants presented by
them to him for two hundred Pounds each, issued by his
Excellency with advice of Council, to enable them to pro-
ceed to Congress, having no money in his Office.

Resolved, that the Treasurer be, and he hereby is
directed to procure upon loan the sum of three hundred
pounds, & to pay therewith One hundred and fifty pounds,
to each of the aforesaid Delegates, for the purposes
mentioned, they to account for the same, and that he
repay the said amount from the first monies that shall be
received into the Treasury not already appropriated.

November 2, 1787.

Chapter 29.

RESOLVE EMPOWERING CONSTABLES AND COLLECTORS OF THE
TAX GRANTED IN MARCH 1786, TO CONTINUE RECEIVING
ARMY NOTES, INDENTS OR CERTIFICATES AGREEABLE TO
THE PROVISION MADE IN SAID TAX, UNTIL THEY HAVE
COMPLEATED THE COLLECTION, AND DIRECTING THE TREAS-
URER TO RECEIVE THE SAME.

"Whereas the General Court, by their resolution of the
7th day of July last, among other things provided that
the Constables & Collectors of the tax granted in March

Chap. 29

752 1787. — October Session.

1786, be impowered & directed to continue receiving
army notes and indents, or certificates agreably to the
provision made in the suit! tax act ; and that the treasurer
should govern himself accordingly : And whereas doubts
have arisen to what length of time the powers and direc-
tions aforesaid, given to Constables & Collectors should
extend ; To remove which doubts,

Be it Resolved, That the Constables & Collectors of the
said tax, be, & they are hereby Empowered & directed
to continue receiving army notes, indents or certificates
agreably to the provision made in the said tax act, until
they have compleated the collections, to them respec-
tively committed ; and the Treasurer is hereby directed
to receive the same accordingly, as well as of the said
Constables & Collectors, in discharge of their collections,
as of the Sheriffs of the several Counties, in discharge
of Executions issued for arrearages of the said tax.

November 3, 1 787.

Chap

Chapter 30.

QQ RESOLVE ON THE PETITION OF JOSIAH CHENEY, EMPOWERING
THE COMMITTEE FOR THE SALE OF ABSENTEES ESTATES IN
THE COUNTY OF WORCESTER, TO EXECUTE A DEED OF THE
LAND MENTIONED.

On the petition of Josiah Cheney, praying that a Deed
of a certain tract of Land may be executed to him, which
Land the said Josiah purchased of Eliakim Hutchinson
a Conspirator, before his departure from this Common-
wealth, as by the said Hutchinson's obligation appears :

Resolved, That the Committee of the County of Worces-
ter, for the sale of confiscated Estates, be, and are hereby
empowered and directed, to execute to Josiah Cheney, a
good & sufficient deed of all the Lands mentioned in the
obligation given to the said Josiah, by Eliakim Hutchin-
son, he the said Josiah Cheney, first paying into the
hands of the said Committee such a sum in public securi-
ties as the}r in equity shall think just, all Circumstances
considered ; And the said committee are directed to pay
into the public Treasury the amount of the securities they
shall so receive, taking duplicate receipts, one of which
to be lodged in the Secretaries office.

And it is further Resolved, that the said Cheney, be,
& he hereby is discharged from any obligation he may
have given to the said Hutchinson, on account of the said
Lands. November 5, 1787.

1787. — October Session. 753

Chapter 31.

RESOLVE ON THE PETITION OF JACOB KEEN, TO NOTIFY THE Chap. 31
ADVERSE PARTY TO SHEW CAUSE, &c. AND STAYING EXE-
CUTION IN THE MEAN TIME.

on the petition of Jacob Keen, seting forth great dis-
tresses brout on him, and his famaly, by one William
Gregory, and praying the interposition of the general
Court to Protect him from ruin, threatened to be brought
upon him by the said William:

Resolved, that the Petition be so farr granted, as that
the Petitioner Notify the Said William Gregory, by serv-
ing him with an attested Coppy of his Petition, and this
resolve thereon, twenty days at the least before the second
Wednesday of the next Session of this Court, that he may
then shew Cause (if any he has,) why the Prayer thereof
should not be granted, and that execution be stayed in
the mean time. November 5, 1787.

Chapter 32.

RESOLVE ON THE PETITION OF JONATHAN METCALF, AND (Ihfj^ QO
HANNAH HIS WIFE, EMPOWERING THEM TO RE-ENTER THE ^nulJ' °
ACTION MENTIONED, AND TO BECOME PARTIES TO THE SAME
SUIT, AT THE COURT OF COMMON PLEAS, TO BE HELD AT
BOSTON, ON THE FIRST TUESDAY OF JANUARY NEXT, SAID
JONATHAN TO SERVE THE ADVERSE PARTY, WITH A COPY
OF THIS RESOLVE.

On the Petition of Jon^ Metcalf, and Hannah his wife,
setting forth, that a Judgment was unduly obtained, &
possession recovered of a certain Messuage and about
Eight acres of Land lying in Roxbury, the property of your
Petitioners, at a Court of Common pleas, held at Boston,
within & for the County of Suffolk, on the first day of
July last past, by Giles Goddard, of the said Roxbury,
& praying for a new tryal, and that the Petitioners may
become parties to the suit.

Resolved, for reasons set forth in the Said Petition, that
the prayer thereof be granted, & that the said Jon- Met-
calf, & Hannah his Wife, be, & they are hereby impow-
ered to reenter the said Action, & to become parties to
the same suit, at the Court of Common pleas, to be held
at Boston, within & for the said County of Suffolk, on
the first Tuesday of January next, and the said Court are

754 1787. — October Session.

hereby authorized & directed to proceed thereon accord-
ing to law and the rules of the said Court, in the same
manner as if the said action had been regularly continued
in the said Court, they the said Jonathan & Hannah,
serving the said Goddard with an attested copy of this
Resolve, fourteen days at least before the sitting of the
said Court. November 5, 1787.

Chapter 33.

Chan 33 resolve on the petition of Margaret seabury, to no-

1 ' tipy THE ADVERSE PARTY TO SHEW CAUSE, AND STAYING

EXECUTION IN THE MEAN TIME.

on the Petition of Margaret Seabury ', praying for a re-
hearing; of an action therein mentioned, for reasons Set
forth in her Said Petition :

Resolved, That the prayer of her Said Petition be so
farr granted, as that the Petitioner Notify Ebenezer
Kingsbury, by serving him with an attested Coppy of her
said Petition, and this resolve thereon, fifteen da}'s at the
least before the Second Wednesday of the next Sessions
of the general Court, that he may then shew Cause if any
he has, why the Prayer thereof should not be granted,
and that execution be stayed in the mean time.

November 5, 1787.

Chapter 34.

Chan 34 RES0LVE allowing the county treasurer's accounts,

1 ' FOR THE COUNTY OF MR.VSTifiLfi, AND GRANTING A TAX.

Whereas it appears to this Court, by the Representa-
tion of the Justices of the Court of General Sessions of
the Peace, for the County of Barnstable, that the monies
Granted and allowed by the said Court, were expended
for such purposes, as are authorized by law : therefore,

Resolved, that the said accounts be allowed. And
whereas it appears by the estimate of the said Court of
General Sessions of the peace, held by adjournment the
first Tuesday of April, Anno Domini 1787, that the sum
of One hundred and twenty pounds, is necessary to be
raised for defraying the charges of the said County the
present year : therefore,

Resolved, that there be, and hereby is Granted a Tax
of One hundred & twenty p>ounds, to be apportioned and
assessed on the Polls and Estates of the Inhabitants of

1787. — October Session. 755

the said County of Barnstable, and applied to the use
thereof according to the laws of this Commonwealth.

November 5, 1 787.

Chapter 35.

RESOLVE ON TWO PETITIONS OF THE TOWN OF WINDHAM AND QhWD 35
MARBLEHEAD, EMPOWERING THEM TO AMEND THE ERROR -* '

IN THE DATE OF THE BILL MENTIONED, AND MAKING VALID
THE CHOICE OF THE COLLECTOR, AND HOLDING A CERTAIN
DEPOSITION AS SUFFICIENT EVIDENCE.

On two Petitions of the Town of Windham:
Resolved, for reasons set forth in said petitions, that
the said Town be impowered to amend the Error in the
date of the Bill committed to Caleb Graffam to Collect,
and that the Choice of the said Caleb, to Collect the said
Tax, be good & Valid, the time of his being Chosen not-
withstanding.

Resolved, that the deposition of John Prince of Marble-
head, in the County of Essex, shall be held & taken as
sufficient evidence, that the notification of the Sale of
Lands for the payment of the penny half penny Tax was
posted in the said Town of Marblehead.

November 5, 1787.

Chapter 3G.

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE
TOWN OF STOW, DECLARING NULL AND VOID THE JUDG-
MENT RENDERED, AND DIRECTING EPHRA1M FAIRBANKS,
ESQ; TO TAKE FURTHER COGNIZANCE OF SAID ACTION, AND
DIRECTING THE SELECTMEN OF STOW, TO SERVE SAID FAIR-
BANKS AND MAURICE McCLARY, AVITH A COPY OF SAID
PETITION AND THIS RESOLVE.

Upon the petition of the Inhabitants of the Town of
Stoiv, praying that the judgment rendered in an Action
brought against them by Maurice McClary, before
Ephraim Fairbanks, Esquire ; One of the Justices of
the peace for the Count}' of Worcester, may for reasons
set forth in the said petition, be set aside.

Resolved, That the prayer of the petition, be so far
granted, that the Judgment rendered in the said Action,
be, and hereby is declared null and void, And the said
Ephraim Fairbanks, Esquire, is hereby empowered and
directed to take further cognizance of the said Action in
the same manner, as tho no issue had been had thereon.

Chap. 36

756 1787. — October Session.

And it is further Resolved, that the Selectmen of the
Town of Stoiv, serve Ephraim Fairbanks, Esquire ; and
Maurice McOlary, with a copy of the aforesaid petition
and this resolve thereon, fourteen days before the next
tryal of the Action abovementioned. November 5, 1787.

Chapter 37.

Chaw 37 RES0LVE 0N THE PETITION OF DANIEL haws, and others,
■* ' IN BEHALF OF THE TOWN OF BARRE, EMPOWERING THEM

TO REVIVE THEIR SUIT MENTIONED.

On the petition of Daniel Haws, & others, in behalf of
the town of Barre, praying that the said town of Barre,
may be empowered to revive a suit commenced by them,
against the town of Southboro, before the Court of Gen-
eral Sessions of the peace for the County of Worcester,
on the last Tuesday of March, Anno Domini 1786, for
reasons set forth in the said petition :

Resolved, that the prayer of the said petition be granted,
and that the said town of Barre be, and hereby are
empowered to revive their suit commenced against the
town of Southboro', before the Court of General Sessions
of the peace, for the County of Worcester, on the last
Tuesday of March 1786, and that the said Court of Gen-
eral Sessions of the peace be, and hereby are fully author-
ized to take cognizance of the said process at their next
term to be holden at Worcester, in and for the County of
Worcester, on the last Tuesday of March next, and to
proceed thereon in the same way & manner, as tho the
said process had not been discontinued ; the said Town
of Barre, giving the said town of Southboro notice thereof,
by serving the town Clerk, with an attested copy of their
said petition and of this Resolve thereon, thirty days at
least previous to the said day. November 5, 1787.

Chap.

Chapter 38.

RESOLVE ALLOWING THREE MONTHS LONGER, FOR PERSONS
TO BRING IN THEIR ACCOUNTS OF A PUBLIC NATURE BY A
RESOLVE OF JULY LAST, AND FOR SELECTMEN TO MAKE
RETURN OF BOUNTIES FOR RAISING MEN, AND DIRECTING
THE PUBLICATION OF THIS RESOLVE.

Whereas by a Resolve of the General Court of July
last, The Committee for Methodizing Public Accounts were

1787. — October Session. 757

directed to Call on all persons to whom Public Monies, or
Stores, had been Committed, and who have not accounted
therefor, to bring in Accounts of the same within three
months from the passing of the said act : and whereas by
the said Resolve, the Selectmen of each Town, were called
upon to make return of all Bounties paid for raising men
by Towns, Classes or Individuals, or in default thereof be
prosecuted according to law : and whereas the said Term
of three months has been found insufficient to accomplish
all the said business : Therefore

Resolved, That a further time of Three Months, be, &
hereby is allowed to bring in the aforementioned Accounts
and make the aforesaid Returns : and that the Committee
beforementioned, cause this resolve to be published in the
Independent Chronicle, printed by Adams and JSTourse,
& the Salem, and other papers, where resolves of a simi-
lar nature are published. November 5, 1787.

Chapter 39.

RESOLVE ON THE PETITION OF EBENEZER BANCROFT, RATI- (JJiai) 39
FYING THE PREMISED DOINGS OF THE PROPRIETORS OF ■* "

TTNG'S TOWN.

On the Petition of Ebenr- Bancroft and others, in behalf
of the Proprietors of Tyng's Town.

Resolved, for Reasons set forth in the s^ Petition, that
the Premised doings of the s- Proprietors are ratified and
confirmed, and are & shall be as effectual as they other-
wise would have been, had the Particular steps the Law
points out been Observed by the sl- Proprietors.

November 5, 1 787.

Chapter 40.

RESOLVE ON THE PETITION OF THE TOWN OF SHUTESBURY, Ck<Xp. 40
DIRECTING THE TREASURER TO CREDIT SAID TOWN WITH J/'

THE SUM OF £.183 18s. 2d.

On the Petition of the Town of Shulesbury, praying
for an abatement of the Taxes assessed on the said Town,
from the years 1755, to and including the year 17(30,
before the same was incorporated, for reasons set forth in
the said petition.

Resolved, that the prayer thereof be granted, and that
the Treasurer of this Commonwealth be, and he is hereby

758 1787. — October Session.

directed, to credit the said Town of Shutesbury, the sum
of One hundred eighty three pounds, eighteen shillings &
twopence, being the amount of the several sums assessed
on the said town, from the year 1755, to and including
the year 1760, before the same was incorporated.

November 6, 1787.

Chapter 41.

Chan 41 RES0LVE confirming a certain purchase to samuel

J- ' BROWN OF STOCKBRIDGE, IN THE COUNTY OF BERKSHIRE,

ESQ; AND OTHERS HIS ASSOCIATES, WITH A PROVISO.

Whereas the General Court on the 26th day of Oct-
1786, did permit Samuel Brown, of Stockbridge, in the
County of Berkshire, Esqr ; and others his associates,
whose names are mentioned in a Petition, previously pre-
fered, to purchase of the natives a certain Tract of land
therein specified, Lying between the Rivers Owego &
Chenango, And did Release & Quitclaim unto the Said
Samuel Brown, and his said Associates, the said Tract of
Land, on the following Conditions, viz. That the said
Samuel & his Associates, or any of them, should pay or
Cause to be paid into the Treasury of this Common Wealth,
Three Thousand Three hundred & thirty three Spanish
milled dollars, And one third part of a dollar, or Silver
& Gold Equivalent thereto, within Two years from the
Passing- of the said Resolve : And also if the Legislature
of this Commonwealth, should at their Next Sitting after
they should be ascertained that the said Samuel & his
Associates should have made the purchase aforesaid, cause
to be paid unto the Said Samuel, & his Associates, a sum
Equal to such sum or sums of money, as the purchase of
the Said Natives might cost them, Together with all
Charges Attending the Same.

And whereas on the sixteenth day of December 1786r
by An Agreement Entered into & concluded, between
Commissioners for that purpose, appointed by this Com-
mon Wealth, and the State of JSfew York respectively,
there was released and confirmed to this Common Wealth,
Two Hundred & Thirty Thousand & four hundred acres
of Land, to be located by this Common Wealth, and to
be situate to the northward of & adjoining to the Land
Granted respectively to Daniel Cox, & Robert Lettice
Hooper, & their respective Associates, and between the

1787. — October Session. 759

Rivers Owego & Chenango: Whereas the General Court,
on the Eighth day of June last, did appoint Mr. James
Dean, a Superintendent, to superintend & approve such
Purchase as Should be made by the Said Samuel Brown
& his Associates, of the Land aforesaid : Whereas the
Said Samuel Brown, Elijah Brown, Esq'rs. Orringh
Stoddard & Joseph Raymond, in behalf of the said Sam-
uel, & his Associates Aforesaid, On the Twenty second day
of June last past, did Purchase of the Natives, the said
Land ceded and Granted as aforesaid, To have & to hold*
the Same to them, their Heirs & Assigns forever, Which
Said Purchase, the Said James Dean, by virtue of his
appointment aforesaid, did superintend and Approve of
the Same.

Resolved, that the said Purchase made As aforesaid, be,
and the same hereby is Confirmed.

And Whereas James McMaster, was found in the Pos-
session of part of the said Tract of Land, & that the Said
Samuel Brown might quiet his Claim thereto, he hath
Contracted with the said James, to Convey to him, should
the same be granted by the General Court, Eighteen
Square miles of Land, bounded south by the North Line
of a Patent made to Daniel Cox, & Robert Lettice Hooper,
& their Associates, West on Owego River, to Extend up
the said River from the said Line, Six miles. & Eastward
from the said River, Three Miles the East Line to be strait
and to be so Run as to make the above mentioned Quantity
of Land, & to be as nearly Parilel as may be to the
General Course of the Said River.

It is Further Resolved, that the Same Described Tract
of Land be, and the same hereby is Granted to the Said
Samuel Brown, his heirs & assigns, to enable him to ful-
fil his said agreement.

It is further Resolved, that the Residue of the said
described Tract of Land, first above mentioned, be, & the
same hereby is Granted to the said Samuel Brown,
Elijah Brown, Orringh Stoddard, Joseph Raymond, Asa
Bement, Asa Bement, Junr. Elkanah Bishop, Moses Ash-
ley, Elisha Blin, Ezekiel Crocker, Ira Seymour, Eliza-
beth Lusk, Silas Pepoon, Henry Williams Dwighl,
Benjamin Peirson, Jeremiah Hayley Peirson, Joseph
Peirson, William Brown, Ashbel Strong, Simon Lamed,
Nathan Peirson, Amos Patterson, David Pixley, Jacob
Parsons, Anna Bingham, Phillip Cook, Ashbel Cone,

760 1787. — October Session.

William Walker, Caleb Walker, Isaac Jenks, Ebenezer
Mason, Josiali Gilbert Peirson, Warham Parks, John
Brown, Ebenezer Williams, John Morelt I, Nathaniel Bishop ,
Isaac Curtis, Allen Newhall, Azariah Egleslon, Thad-
deus Thomson, Jonathan Edwards, Elihu Parsons, Eliph-
alet Parsons, Elisha Bradley, Asa Bradley, Josiah
Bradley, Jonathan Woodbridge, Erastus Sargeant, Oliver
Partridge, Ebenezer Cook, Abner Rockivell, Stephen
Brown, Stephen Nash, Jonathan Ingersol, Samuel Brown,
Junr. Beulah Brown, Dudley Coleman, Elnathan Curtis,
& John Chapman, being the Associates of the said Samuel
Brown, Esqr ; their Heirs and Assigns, Each one an
Equal Share, in and to the said described Tract of Land,
excepting the said Land Contracted to be conveyed to the
said James Mc Master ; Provided they (Excepting the
Said Samuel Brown) or their Legal Representatives, shall
Respectively pay unto the Said Samuel Brown, his heirs,
Executors, or Administrators, or to the Treasurer of this
Commonwealth, & cause to be endorsed on the Bond of
the said Samuel Brown, an Equal Proportion of the money
to be secured by him, to be paid to this Commonwealth,
as hereafter Provided, Four weeks Previous to the Time
the same shall become due, according to the Bond of the
Said Samuel, hereafter mentioned : And in case any
Person or Persons whose names are above mentioned, or
their Legal Representatives, Shall Refuse or Neglect to
pay & discharge their Equal Proportion of the Said Sum
as aforesaid : It is further Resolved, that in Every Case
of Such Refusal or Neglect, the Right or Share of the
person so Refusing or Neglecting, Shall vest in the Said
Samuel Brown, & is hereby Released & Conveyed to him
and to his Heirs and Assigns.

Provided always, however, that the said Samuel Brown,
shall within two Days from the passing these Resolves,
become Bound with Surety or Sureties to the Treasurer
of this Commonwealth, for the payment of jive thousand
Spanish Milled Dollars or Silver or Gold equivalent
thereto, with the lawful Interest thereof, by the Twenty
Sixth Day of October next.

Provided also, that no compensation shall be made by
this Commonwealth, in favor of Samuel Brown, Esqr ; &
his Associates, in Consequence of any Expences or trouble
He or they ma}r have been at in the Business aforemen-
tioned. November 7, 1787.

1787. — October Session. 761

Chapter 42.

RESOLVE ON THE PETITION OF CAPT. JEREMIAH LEARNED, IN (J^^ A.%
BEHALF OF THE TOWN OF OXFORD; ASSESSMENTS ABATED ■*■ '

ON THAT PART OF BROWN'S LAND, THE PROPERTY OF THIS ,
STATE.

on the Petition of Captain Jeremiah Learned, in behalf
of the Town of Oxford, Praying, that the Sum of Ten
pounds assessed on that Part of Brown's Land (so called),
Which is the Property of this Commonwealth, may be
Abated, for Reasons set forth in said Petition.

Resolved, that the Prayer thereof be Granted, for the
reasons therein sett forth, and that the Sum of Ten Pounds
Assessed on that part of Brown's Lands (so called) which
is the Property of this Commonwealth, and Lies in the
Said Town of Oxford, be, and the Same is hereby Abated,
and that the Treasurer be, and he is hereby Directed to
Govern himself accordingly. November 7, 1787.

Chapter 43.

RESOLVE POSTPONING THE PAYMENT OF TAX No. 4 AND 5. Chap. 43

Whereas it appears expedient, to give the good people
of this Commonwealth, some further time for payment of
the Taxes, Number Four & Five : Therefore

Resolved, that the time heretofore ordered, for the
Treasurer to issue his Executions against the Collectors
of Tax Number Four, be, and hereby is prolonged to the
First Day of February next.

And it is further Resolved, that the Time heretofore
ordered for the Treasurer to issue his Executions against
the Collectors of Tax Number Five, be, & hereby is post-
poned to the Second Wednesday of January next.

November 8,1787.

Chapter 44.

RESOLVE ON THE PETITION OF SAMUEL MORSE, GRANT TO. (JJiaj). 44

On the Petition of Samuel Morse, praying that he may
receive some Compensation on Account of his being sick,
while in the Service of this Commonwealth, for Reasons
set forth in his Petition :

Resolved, that the prayer of the Petition, be so far

762 1787. — October Session.

granted, that there be allowed, and paid out of the treas-
ury of this Commonwealth, to the said Samuel Morse, the
Sum of four pounds, in full Compensation for his Suffer-
ings, as mentioned in the said Petition.

November 8, 1787.

Chap

Chap.

Chapter 45.

45 RESOLVE ON THE PETITION OF DAVID WILDER, IN BEHALF OF
THE TOWN OF LEOMINSTER, ALLOWING THE SHERIFF OF
WORCESTER COUNTY, TO RETURN THE EXECUTIONS AGAINST
CERTAIN PERSONS NAMED, AND DIRECTING THE TREASURER
TO STAY ISSUING ALIAS EXECUTIONS, UNTIL, &c.

On the petition of David Wilder, in behalf of the Town
of Leominster , praying for further time to satisfy Execu-
tions, against deficient Collectors, in the said Town, for
reasons set forth in the said Petition :

Resolved, that the Sheriff of the County of Worcester,
be allowed to return the Executions he has in his hands,
against Timothy Stearns & Levi Warner, of the said
Leominster, Collectors of the Tax granted in Oct- 1781,
in part satisfied, any resolve of the General Court, to the
contrary notwithstanding.

And it is further Resolved, That the Treasurer of this
Commonwealth, be, and he is hereby directed to stay
issuing Alias executions, against the said Timothy Stearns,
& Levi Warner, for the balance they may owe on the said
Tax, untill the first Tuesday in August next.

November 8, 1 787.

Chapter 46.

A.Q RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN
OF MARLBOROUGH, DIRECTING THE COMMISSARY-GENERAL,
TO RECEIVE THE POWDER MENTIONED, AND TO DELIVER
GOOD POWDER IN LIEU THEREOF.

On the Petition of the Selectmen of the Town of Marl-
borough, setting forth that they Lent to Government, a
Quantity of Gun powder, for the Use of the Army, when
at Cambridge, &c. in the year 1775, for which they
Received a like Quantity of gun powder, manufactured in
this Commonwealth, and upon tryal of which, was found
of a bad Quality : Therefore

Resolved, That the Commissary General be, & he is
hereby directed to Keceive from the Selectmen aforesaid,

1787. — October Session. 763

the powder mentioned in their petition, they first making
Oath that they Received the same from Government, and
deliver them the Like Quantity of Good Powder.

Novembers, 1787.

Chapter 47.

RESOLVE ON THE PETITION OF FRANCIS SHURTLEFF, IN BEHALF (J^d^ A.'J
OF THE TOWN OF PLTMPTON, DIRECTING THE TREASURER -* '

TO ISSUE HIS EXECUTION AGAINST THE COLLECTORS, FOR
THE SUM MENTIONED.

on the petition of Francis Shurtleff, in behalf of the
Town of Plympton, praying that execution may issue
against Jona. Parker, one of the Collectors of the said
Town, for the year 1781, in favour of the said Town, for
a Receipt drawn by the former Treasurer Gardner, in
favour of the said Parker, but is the property of the Said
Town :

Resolved, that the prayer of the said petition, be granted,
and the Treasurer of this Commonwealth, is hereby
directed, to Issue his execution against the said Collector,
for the sum of one hundred &, thirteen pounds 313 specie,
together with five per cent, damage, agreeable to former
Resolves, any Law or Resolve to the contrary notwith-
standing. November 9, 1787.

Chapter 48.

RESOLVE ON THE PETITION OF DANIEL PUTNAM, IN BEHALF OF (JJiaV 48
THE TOWN OF FITCHBURGH, DIRECTING THE TREASURER TO &'

RECALL THE EXECUTIONS, AND DIRECTING SAID TOWN TO
APPEAR ON THE 2d WEDNESDAY OF THE NEXT COURT TO
SHEW CAUSE, &c

Upon the Petition of Daniel Putnam, in behalf of the
Town of Fitchburgh, seting forth that the said Town were
fined, the Sum of seventy four pounds one Shilling & eight
pence, lawful Money, for not procuring a Soldier agreeably
to a former Requisition of Congress, and that the said Fine
was remitted by a Resolution passed November 2, A. D.,
1782, till further Orders of the General Court, and seting
forth, that the Treasurer, by Virtue of a late general Re-
solve, dated the 7th day of July last past, directing him
to issue executions against delinquent Collectors, did issue
an execution against the said town, for the fine aforesaid :

Resolved, That the Treasurer be, and he hereby is di-

764 1787. — October Session.

rected to recall the said Execution, and not to issue an
alias, till the next sitting of the General Court, and that
the subject of the said Petition be refered to that time.

November 9, 1787.

Chapter 49.

ChaW 49 RESOLVE 0N THE PETITION OF THE TOWN OF PEPPERELL,
* ' ALLOWING THEM A FURTHER TIME TO COMPLEAT THE

COLLECTION OF THE TAX MENTIONED, PROVIDED, &c.

On the Petition of the Selectmen, of the Town of Pep -
perell, in the County of Middlesex, praying that a further
time may be allowed the said Town, for the finishing of
the collection of Tax No. 2, for reasons set forth in the
said petition :

Resolved, That the prayer of the said petition, be so far
granted, that a further time of three months be allowed
the said Town of Pepperell, to compleat the collection of
the said Tax, and that Execution in the mean time be
stayed, provided the Collectors in the said Town, paying
into the treasury all such sums of money as may have
been collected on the said taxes. November 9, 1787.

Chapter 50.

Chap. 50 RESOLVE ON THE PETITION OF VOSE CRANE, GRANT TO.

On the Petition of Vose Crane, A Soldier, in Col Bad-
lam's Regt., Capt. James Robinson's Company, In the
Service of the Commonwealth, Last winter, Praying for
an Allowance for his Doctor, Nursing & hording, while
Lame, with A Broken Leg :

Resolved, that the Prayer of the Petition, be so far
Granted, that there be Allowed & Paid out of the Public
Treasury, the Sum of Six Pounds, to the Aforesaid Vose
Crane, In full compensation for his Cost & Sufferings by
Reason of his having broken his Leg, while a soldier in
the service of this Commonwealth. November 9, 1787.

Chapter 51.

Chap. 51 RESOLVE ON THE PETITION OF AMOS ANDREWS AND OTHERS,
1 ASSESSORS FOR THE TOWN OF SCARBOROUGH, DIRECTING

THEM TO MAKE THEIR WARRANT AGREEABLY TO LAW, AND
MAKING THEM VALID.

On the Petition of Amos Andrews, John A. Milliken &
William Hasty, Assessors for the Town of Scarborough,

1787. — Octobek Session. 765

in the year of our Lord seventeen hundred and eighty six,
shewing that no warrant was given to the Collectors of
the said Town, to collect the State, County and Town
Taxes, in the aforesaid Town, for the year aforesaid, and
praying that they the said Assessors, may be now author-
ized and empowered to make out their warrant or war-
rants, to the said Collectors, for the purpose aforesaid :

Resolved, that the Assessors of Scarborough aforesaid,
be, and they, or the Major part of them, are hereby
authorized and directed to make their warrant or war-
rants, in manner and form, as by law is directed (mutatis
mutandis) to the Collector or Collectors aforesaid, and
the warrant or warrants afors'J, made and delivered as
afors^, shall be good and effectual in law for all future
Collections, as if the same had been made and delivered
to the said Collector or Collectors, with the lists and
Assessments of the aforesaid Taxes.

November 9, 1787.

Chaji. 52

Chapter 52.

RESOLVE ON THE MEMORIAL OF JOHN DEMING AND PETER
BOTER, GRANT TO, AND DIRECTING THE TREASURER TO
BORROW THE SAID SUMS.

On the Memorial of John Deming & Peter Boyer, pray-
ing payment in part for their services as Committee for
methodizing public Accounts :

Resolved, That there be paid out of the Public Treasury
of this Commonwealth, Sixty pounds to John Deming &
Peter Boyer, each, in part payment of their Wages, And
that the Treasurer be, & he is hereby Authorized to bor-
row the said sums in the Manner &, on the same Funds as
is provided by a Resolve of the 27th of Oct? last, for pay-
ment of the several Clerks in the Treasurer's & Secretary's
offices. November 9, 1787.

Chapter 53.

RESOLVE ON THE MEMORIAL OF THE COMMISSARY-GENERAL, pi^n £Q
DIRECTING HIM TO DISPOSE OF A QUANTITY OF TOBACCO, K-,,lU'V% °°
FOR ANY OF THE LIQUIDATED SECURITIES, BY AUCTION
OR PRIVATE SALE, AND TO PAY THE NET PROCEEDS INTO
THE TREASURY.

On the memorial of Rich- Devens, Esqr ; Com? General,
setting forth that a considerable quantity of Tobacco, now

766 1787. — October Session.

in the Town of Northampton, and County of Hampshire,
which has been received in payment of back Taxes, by
James /Shepard, Esqr ; is in a perishable State, and some
of it already much Damaged :

Resolved, that Rivhd Devens, Esqr ; Com? Gen., be, and
he hereby is directed, to dispose of the Tobacco aforesaid,
for any of the liquidated securities of this State, imme-
diately, by Auction or private sale, as shall appear best,
paying the proceeds of such sales into the public Treasury
as soon as may, taking duplicate Receipts for the same,
one of which to be lodged in the Secretary's office.

November 12, 1787.

Chapter 54.

Chan 54 RES0LVE 0N THE MEMORIAL OF THE COMMISSARY-GENERAL,
KslMJJ. 0± grant TQj fqr SUPPLIES TO THE GARRISON AND CONVICTS
AT CASTLE-ISLAND: AS ALSO GRANT TO, TO ENABLE HIM
TO PURCHASE OIL, AND OTHER NECESSARIES FOR THE
LIGHT-HOUSES, FROM THE FUNDS ARISING FROM LIGHT-
MONEY, &c.

Upon the memorial of Richard Devens, Commissary
General, setting forth, that he stands in need of a War-
rant for supplying the Garrison & Convicts, on the Castle,
with Provisions, Cloathing, &c. Also to purchase Oil,
&c. for the several Light Houses :

Resolved, That there be allowed and paid out of the
public Treasury, to the said Commissary General, for
supplying the Garrison and Convicts, at Castle William,
The Sum of Three Tiiousand Pounds, from Funds arising
from any Taxes assessed prior to No. 4, so called, or by
orders on the Collectors or Sheriffs, to whom the said
Taxes may be committed for collection, he to account for
the same.

And it is further Resolved, that there be allowed and
paid out of the public Treasury, to the said Commissary
General, to enable him to purchase Oil, & other neces-
saries for the several Light Houses, the sum of Eighteen
hundred Pounds, from the Funds arising from Light
money, & from any Monies which may be brought into
the Treasury from the Fees of the Naval Offices.

November 12, 1787.

1787. — October Session. 767

Chapter 55.

RESOLVE ON THE PETITION OF JOHN AND AARON BURNAM' Qkap. 55
MAKING VALID A DECREE OF THE JUDGE OF PROBATE IN 1 '

THE COUNTY OF CUMBERLAND.

On the petition of John Burnam & Aaron Burnam, the
petitioners, praying that a decree of the Judge of probate,
in the County of Cumberland, appointing the said John
Burnam, Administrator on the Estate of Job Burnam,
deceased, may be made Valid :

Therefore Resolved, that the decree of the said Judge
of Probate, be confirmed, & rendered valid in Law to all
intents & purposes, any Law or Resolve to the Contrary
notwithstanding. November 12, 1787.

Chapter 56.

RESOLVE ON THE PETITION OF SOLOMON ALLEN, DIRECTING (JhaT) 56
THE TREASURER IN THE CASE. ■*■ '

On the Petition of Solo Allen, setting forth that on the
2^ day of March last, he received of the Treasurer of this
State an Order on Elijah Hunt, Esqr ; Collector of Excise
and Impost in the county of Hampshire, for the sum of
Eighty Six pounds four Shillings payable to Sol? Allen
or bearer, as now appears from the Treasurer's Books,
and that after he received said Order as aforesaid, the
said Order was by unavoidable Accident lost :

Resolved, that the Treasurer, be, and he hereby is
directed to pay to Sol? Allen, another Order, for the same
sum of Eighty Six pounds four shillings, the said Allen
giving good and sufficient Bonds to the Treasurer, or his
successor in Office, to Indemnify and keep harmless this
Commonwealth, from the Order lost as aforesaid.

November 12, 1787.

Chapter 57.*

RESOLVE ON THE PETITION OF JOHN GLOVER, ESQ; AUTHOR- pj)ar) £7
IZING THE TREASURER TO RECEIVE OF HIM THE AMOUNT "'

OF THE BOND WITH INTEREST, IN THIS STATE'S SECURI-
TIES.

On the petition of John Glover, praying for leave to
discharge his bond, for thirteen hundred and sixty nine

* Taken from court record.

768 1787. — October Session.

pounds, due this Commonwealth, in Government securi-
ties :

Whereas by a resolve dated February 17th, 1781, it is
provided that the Commissioners be appointed to aprize a
farm formerly the property of William Brown, Esqr ; an
absentee, to be paid for in Government securities, due
from this Commonwealth, to John Glover, Esqr; for his
services : And whereas it appears that the said Glover,
not being then in possession of a sum as aforesaid, suf-
ficient to discharge the amount thereof, he was allowed to
give his bond payable in one year from that date ; but as
no mention was made therein specifying the kind of pay-
ment, the Treasurer on application of the said Glover to
discharge the said bond in the securities aforesaid, did
not find himself at liberty to comply therewith, conse-
quently the said bond remains yet unpaid : Therefore

Resolved, that the Treasurer of this Commonwealth, be,
and he is hereby authorized and directed, to receive of
the said Glover, the amount of the aforesaid bond, with
the interest thereon due, in this State's securities, which
were originally paid to him. November 12, 1787.

Chapter 58.

CkaV. 58 RES0LVE 0N THE PETITION OF TIMOTHY CUTLER, EMPOWER-
"' ING THE ARBITRATORS TO SETTLE THE DISPUTE SUBSIST-

ING BETWEEN THE PARTIES.

On the Petition of Timothy Cutler:

Resolved, for Keasons set forth in the s? Petition, that
Thomas Lancaster, Enoch Ilsley and Joshua Freeman,
Mutually chosen by the s- Timothy Cutler and Joseph
/{night, to settle all Matters of Dispute, subsisting be-
tween them — Are hereby impowered to notify the
Parties to attend at any time and Place, the s- Arbitrators
shall Judge Proper, as soon as may be, — and after hear-
ing the s$ Parties, and considering all such matters and
things, as shall then and there be offered, rectify any Mis-
take that may appear in any former award and make such
new award as to them may appear Just and Equitable
between the Parties — And if either of the Parties shall
not appear, after being duly notified, the s? Arbitrators
shall Proceed to the Consideration of the case notwith-
standing ; and the Award of the s<? Arbitrators, shall be
binding on the Parties ; and any Action now pending in

1787. — October Session. 769

the Law, Respecting matters or Disputes between them,
be staid untill such award be made and Delivered to the
Court having cognizance of the same.

November 13, 1787.

Chapter 59.

RESOLVE ON THE PETITION OF JOSEPH PATTERSON, EMPOW- (JhaV 59
ERING THE COMMISSARY OF PENSIONERS, TO ACT ON HIS "'

FORMER MINUTES.

On the Petition of Joseph Patterson, who was wounded
in the Expedition against Penobscot, praying that the
Commissary of Pensioners may be authorized to act on
his former Minutes, (the original Papers being mislaid) ;
for Reasons,

Resolved, that the prayer of the Petition be granted,
and that the Commissary of Pensioners be, and he is
hereby authorized & empowered, to act on the Minutes
he formerly made of the Petitioner's Case, in the same
manner as if he had the said original papers.

November 13, 1787.

Chapter 59a.

RESOLVE ON THE PETITION OF DANIEL GOULD, IN BEHALF
OF THE TOWN OF WARE, EMPOWERING THEJ TREASURER
TO CREDIT SAID TOWN.

on the Petition of Daniel Gould, In behalf of the Town
of Ware, setting forth, that they were taxed In the year
1751 and 1752, to the amount of fifty six pounds 10 s;
and that the Execution for the Same is Now in the hands
of the Sheriff of the County of Hampshire, And Praying
that the Same may be abated, for Reasons set forth In the
sc^ Petition.

Resolved, That the Prayer of the Petition be Granted,
& that the Treasurer be, & he is hereby Impowered &
Directed, to Credit the Town of Ware, the sum of Fifty
Six Pounds ten Shillings, being the whole Amount of the
s- taxes, & that the Execution, so far as Relates to the
Above Taxes be Null & void. November 13, 1787.

Chapter 60.

RESOLVE ON THE PETITION OF PHINEHAS LAMPHIRE, TO
NOTIFY THE ADVERSE PARTY TO SHEW CAUSE.

On the Petition of Phinehas Lamphire, of Lanes-
borough, in the County of Berkshire, praying for reasons

Chap.59A

Chap. 60

770 1787. — October Session.

set forth in said petition, for a rehearing of an action in
favour of Jacob Ensign, of Pittsfield, in the same County,
against the Petitioner, on which Judgement was recovered
in the court of common pleas holden at Lenox, within &
for said County, on the second Tuesday of /September' last :
Resolved, That the prayer of the said Petition be so far
granted, that the said Phineas Lamphire, give notice to
the said Jacob Ensign, by serving him with an attested
Copy of the said Petition & this resolve thereon, fourteen
days beforehand, to appear on the second Wednesday of
the next siting of the General Court, to shew cause, if
any he hath, wherefore the prayer of the said petition,
should not be granted, and that Execution be stayed in
the mean time. November 13, 1787.

Chap. 61

Chapter 61.

RESOLVE ON THE PETITIONS OF THE TOWNS OF NEEDHAM,
MEDFIELD, AND DISTRICT OF DOVER, REPEALING A RE-
SOLVE OF COURT PASSED 6th MARCH, 1787, FOR RE-BUILD-
ING A BRIDGE OVER CHARLES-RIVER, WITHIN THE TOWN
OF DEDHAM.

Whereas there was a Resolve Passed the General Court,
on the sixth Day of March last, Empowering the Court
of General Sessions of the peace in the County of Suffolk,
to order a bridge rebuilt over Charles River, within the
Town of Dedham, and to assess the Costs thereof, on the
Towns of Dedham, Needham, Medfield and District of
Dover, but upon a full Examination into the Situation &
Circumstances of the said Towns and District, it appears
unreasonable that the Towns of • Needham, & Medfield &
District of Dover, Should be Charged with the Rebuilding
said Bridge : therefore,

Resolved, That the aforesaid Resolve, which Passed on
the Sixth day of March, 1787, be repealed, & Every
part & paragraph thereof, is Hereby Declared Null &
Void. November 13, 1787.

Chapter 62.

Chart 62 RES0LVE making provision for the election of grand

■*■ ' JURORS, IN THE COUNTY OF BERKSHIRE, TO SERVE IN

THE COURT OF GENERAL SESSIONS OF THE PEACE, IN
SAID COUNTY.

Whereas by means of the disturbances which prevailed
in the County of Berkshire, in the month of March last,

1787. — October Session. 771

no grand jurors were elected to serve in the Court of
general Sessions of the peace, for that County, as by Law
is provided, and great inconveniences have thence resulted,
and to prevent the like at the term of the said court,
which is to be holden on the first Tuesday of feb^ next :

Resolved, that the Clerk of the Court of general sessions
of the peace, for the said County, be, and he hereby is
empowered & directed to make out his warrants to the
Constables of the several towns in the county aforesaid, or
so many of them as may be necessary to assemble the
freeholders & inhabitants of their respective towns, quali-
fied to vote for a representative, to choose by ballot, one
or more good & lawful man or men, in each town, to
whom such a warrant should be directed, of like qualifi-
cation, and of good moral character, to appear at the said
court of general sessions of the peace, at the term afore-
said ; and the jurors to be elected as aforesaid, shall have
the same powers, to all intents and purposes, at the term
aforesaid, and untill others shall be chosen & sworn, as
if they had been elected at the time & in the manner, as
is provided by an Act of this Government, entitled an
act regulating the appointment and services of grand
jurors, any thing in the said act contained, to the con-
trary notwithstanding. November 14, 1787.

Chapter 63.

RESOLVE ON THE PETITION OF ABNER BELLAMY, GRANT TO. QJinj) (53

On the Petition of Abner Bellamy, Seting forth that
he was a Soldier in the first three years Service in Col.
Greaton's Reg?, Capt. Voleritine's Company, that Some
Person by forging his Name, has Drawn his Delay Pay,
so Called, praying for Relief in that Case :

Resolved, that there be Allowed & paid out of the pub-
lic Treasury, to the Said Abner Bellamy, the Sum of Six
pounds, one shilling & three pence, in full Discharge
of his arrears pay, Being Drawn by Forgery notwith-
standing. November 14, 1787.

Chapter 64.

RESOLVE ON THE PETITION OF DAVID PIXLEY, DIRECTING THE rVLn~. RA
TREASURER TO SUSPEND ISSUING AN EXECUTION AGAINST K-/flaIJ' D*
THE SHERIFF OF BERKSHIRE.

On the Petition of David Pixley, praying that an Exe-
cution against him, in favour of Aaron Wood, which was

772 1787. — October Session.

recovered against the Petitioner, for a debt due to the
Commonwealth, from Eleazer West, Collector of public
Taxes, in the Town of Lee, may be Stayed.

Resolved, that the Treasurer be, and he hereby is or-
dered and directed, to suspend the issuing an Execution
against the Sheriff of the County of Berkshire, for a de-
fault of returning an Execution which was in his hands,
on the Twenty sixth day of November , One Thousand
Seven hundred and eighty five, against the said Eleazer,
for the Sum of Two hundred and Sixty Pounds, & ten
Shillings, untill the second Wednesday of the next sit-
ting of the General Court, and that an Execution of a
judgment recovered by the said Aaron Wood, against the
said David Pixley, by means of his having become bound
for the said Eleazer West, for the sum aforesaid, shall be
stayed in the mean time ; Provided the said David Pix-
ley, shall give the said Aaron Wood sufficient security to
his satisfaction, for the payment of the said Execution,
when an Execution against the said Sheriff for the de-
fault aforesaid, shall be ordered to issue.

November 14, 1787.

Chapter 65.

Chap. 65 RESOLVE ON the petition of the selectmen of the town

*' OF HANCOCK, DIRECTING THE SHERIFF OF THE COUNTY OF

BERKSHIRE, TO RETURN THE EXECUTIONS WHICH HAVE
BEEN ISSUED UNSATISFIED, AND APPOINTING A COMMITTEE
OF BOTH HOUSES TO REPAIR TO SAID TOWN TO OBTAIN IN-
FORMATION RELATIVE TO TAXES WHICH REMAIN UNPAID.

Whereas the Select Men of the Town of Hancock, in
the County of Berkshire, have represented to this Court,
that by the late running the Dividing Line between this
Commonwealth, & the State of New York, a Quantity of
Land, with the owners, which heretofore were reputed
to belong to the said Town of Hancock, are now found to
be in the State of New York, that divers of the said Own-
ers have not paid the Taxes assessed on them, agreeable
to the Laws of this Commonwealth, and now refuse and
cannot be compelled to pay them, & praying that Execu-
tions against the defective Constables of the said Town,
may be stayed :

Resolved, that the Sheriff of the County of Berkshire
be, and he hereby is authorized and directed to return
the Executions which have issued from the Treasury of

1787. — October Session. 773

the Commonwealth, against the several Constables or
Collectors of the said Town, unsatisfied, for one half of
the Sums in the same Executions respectively expressed :
and that Thompson J. Skinner, Esqr ; Mr. Lusk of Rich-
mond, and Mr. Hinman, be a Committee to repair, in the
Recess of the General Court, to the said Town of Han-
cock, and obtain information what part of the Inhabitants
& Lands, heretofore reputed to belong to the said Town
of Hancock, are now found to be in the State of New
York, and what part of the Taxes which remain unpaid
in the said Town, were assessed on those Persons, who
by running the Line afors^, appear to be in the said State
of New York, and make Report at the next Sitting of the
General Court. November 14, 1787.

Chapter 66.

Chap. 66

RESOLVE GRANTING A TAX ON THE POLLS AND ESTATES OF
THE INHABITANTS OF THE COUNTY OF CUMBERLAND.

Whereas it appears from an Estimate of the Justices of
the Court of General Sessions of the peace, for the County
of Cumberland, made at their sessions on the last Tues-
day of October 1786, that the sum of four Hundred pounds,
Will be Necessary for Defraying the Charges of said
County for one year next ensuing : Therefore,

Resolved, that there be, and there hereby is Granted, a
Tax of four Hundred pounds, on the polls and Estates •
of the Inhabitants of the County of Cumberland, lying
Within the same, to be proportioned on the several Towns
of the County, by the Court of y- General Sessions of
the peace, for said County, and to be assessed, Collected
and pay! in, and applied for the use of the said County,
according to the Laws of this Commonwealth.

November 14, 1787.

Chapter 67.

RESOLVE ON THE PETITION OF THOMPSON MAXWELL, IN Ch(tp. 67
BEHALF OF THE TOWN OF BUCKLAND, AUTHORIZING SAID '

TOWN TO PAY A SUM OF MONEY, IN GOVERNMENT SECURI-
TIES FOR A DEFICIENCY OF A SOLDIER.

On the Petition of Thompson Maxwell, in behalf of the
town of Buckland :

Resolved, that the said town of Buckland, be, and they
are hereby authorized to pay into the public treasury of

774 1787. — October Session.

this Commonwealth, the sum of seventy four pounds ,
being a fine for the deficiency of one continental Soldier,
in the last Requisition laid on the said town, in any Gov-
ernment Securities, in full discharge thereof, and the
treasurer of this Commonwealth, and all concerned, are
to take notice & govern themselves accordingly.

November 14, 1787.

Chapter 68.
Chan 68 RES0LVE 0N THE petition of willis ball, authorizing

"' THE JUDGE OF PROBATE, FOR MIDDLESEX, TO MAKE OUT A

COMMISSION TO THE FORMER COMMISSIONERS ON THE ES-
TATE OF JONAS CUTLER, TO EXAMINE THE CLAIM MADE
BY SAID HALL.

Upon the Petition of Willis Hall, surviving partner of
the late Trading Company of Stephen Hall and Willis
Hall, Merchants :

Resolved, that the prayer thereof be so far granted, as
that the Judge of Probate for the County of Middlesex,
be, & he is hereby authorized & empowered to make out
a Commission to the former Commissioners on the estate
of Jonas Cutler, late of Groton, in the said County of
Middlesex, Esquire ; deceased, or to any three other in-
different & discreet freeholders, in the said County as he
shall think best, directing them (after being first duly
sworn) to examine the claim made by the said Willis
against the estate of the said Jonas — and should they on
such examination find the same to be just, to Allow the
same — and in Case the same should be so allowed, to
order & decree such part of the said Jonas Cutler's Estate,
not already distributed to, and among the Creditors to
the said Estate, to the said Willis, in such proportion as
he would have been intitled to, had his said Claim been
allowed at the proper time, and the residue of the said
Estate not distributed (if any) to be distributed to &
among the other Creditors of the said Cutler's Estate,
whose Claims have been duly allowed, including the said
Willis HalVs. November 14, 1787.

Chap. 69

Chapter 69.

ROLL No. 9.

The Committee on Accounts have examined and passed
upon the Accounts now presented, and find that the Sums

1787. — October Session. 775

reported and set against the Towns and Persons hereafter
named, are Due to them; and if allowed, will be in full
discharge of the accounts exhibited.

Joseph Hosmer, per Order.

To Doctr Lucius DooUltle's Bill, lor Visits & Medicines
on account of Thaddeus Hill, a Soldier in Col. Steam's
Regiment, in March and Feb11 last, certified by Major £. s. d.
General Warner. . . . . . . 3 14 6

To John Haskell, for Nursing, Attendance & other
Charges occasioned by the Sickness of the before-
mentioned Thaddeus Hill, at the time above men-
tioned, and certified as above. . . . . 3 18 0

To John Austin & Dorcas Austin, ye Poor of Charles-
town, to an allowance for Board from June 27, 1787,
to Oct. 24 8 10 0

To Joseph Nowell, for Work done on the Castle Boats
in 1784, which was then allowed, but not paid, not
being applied for 13 12 2

To Docf Samtiel Williams, as Agent on New York
Line, & for his Services, Assistants, Expences, &c.
in July, August & September last, being called by
Government to this Service, being a Ballance due to
him

To Joseph Smith of Lexington, for Boarding Sarah
Fowle, one of the Poor of Charlestoivn, from July 1st,
to Oct: 1st, 1787

To Hugh Gordon, for his Services agreeable to an
Order of Government in July 1784, in taking a List
of Inhabitants & Buildings, &c

To Cyrus French, Deputy Sheriff, for his Services for
j- Public, in the County of Worcester, from y? third
of Feb* 1787, to ye 16th. . . .

To General Samuel M ''Cobb, for y- hire of a Vessel & all
other Charges, in consequence of a special Order to
proceed to Penobscot, in April 1784. ....

To Benp Hovey, Deputy Sheriff, for Services performed
for the Public in Feb* last, in apprehending State
Prisoners. .........

To the same Person, for damage done to a Sleigh fur-
nished the Public in Jan", last, properly certified.

To Silas Bent, for Medicines supplied from Aug- 20, to
Sept- 26, 1787, with other supplies and Cash ad-
vanced, in ye County of Hampshire, and to Lieut.
Colonel Lyman's Regiment, 3 10 6

To the Selectmen of Newbury Port, for Boarding Mary
Hopping and Sarah Manning, y- Poor of Charlestoivn,
from the first July 1784, to ye 1st July 1787, and for
Burying Moses Hoyts, a State Pauper. . . . 48 0 0

To another Account from said Selectmen, for Supplies
to John Latham, to a blackman named James, to one
Thompson, to a number of Irish Passengers, to Wil-
liam Bow, & for other Charges from May 1786, to
March 23, 1787, properly certified & with proper
Vouchers, all State's Poor 38 17 5

95 0

5 17

2 14

3 18

58 4

9 11

0 18

776 1787.— October Session.

To Doct- John Newman, for Medicines & Visits to John
Latham, Wife & Child, State's Poor, from May 27, to
ye last of August 1787, examined in ye usual manner. £.9 0 0

To David Townsend, for boarding John Townsend, his
Wife, & one Child, together with ye Widow Manning,
the Poor of Charlestown, from Feby. 2, 1787, to Nov-
8* 1787 42 18 6

To the Selectmen of Easton, for Supplies to Benj- Eddy
& Family, by order of Government, y- Summer past,
& assisting in repairing a small House, &c. . . 5 9 2

To Sam- Guild, for Visits & Medicines on account ot

y- said Eddy's Family, in April last 0 13 8

To Moses Greenleaf, for Cash advanced to John Smith,
John Knight & Makepeace Colby, Soldiers in his
Company, on account of Arms and other accoutre-
ments agreeable to an Act of Government, y- Date
of Payment being jc- 5th of April, 1777. . . . 13 10 0

To Sarah Hill, for Boarding Samuel Austin, one of the
Poor of Charlestown, in two Accounts, of £5. 4/. each,
from ye first of April 1787, to ye first of July, and
from that time to ye first of Oct-. . . . . 10 8 0

To the town of Colrain, for Boarding, Cloathing, Doct^
Bills, &c. on account of Daniel McDugen, one of the
State's Poor, from July 1st 1785, to ys 29th Oct: 1787. 23 11 5

To James White, for < )rderly Books, a very large
Number, for ye use of the Commonwealth, by order
of Government, Paper also, from June 6th, 1787, to
OcT 26th, 106 18 6

To George Middleton, for Supporting Rose Middleton,
one of y- Charlestown Poor, from Oct'- 1st, 1783, to
25th of May, 1784, certified by y- Selectmen of
Charlestown, . . 10 4 0

To the Town of Salisbury, for expenditures on account
of Molly Lane, in her sickness & at her Death, from
Nov?, 1785, to Feb* 1787, one of the State's Poor, . 30 15 8

To Benj- Larkin, for Binding Books of different kinds,
Paper, &c. for y- use of Government, from Jari- 9th,
1787, to September 20th, 27 15 0

To Elijah Howard, towards y- Support of Benj* Eddy

& Family, State's Poor, from Decr- 1785, to June 1787, 13 1 8

To the Town of Scarborough, for Bills answered on
account of Michael Murfey, & Peter Walker, in 1786,
and 1787, being State's Poor, 8 9 6

To David Devens, for Boarding Dinah, an old Negro,
one of the Charlestown Poor, from Feb* 11th, 1787, to
Oc^21st, 10 16 0

To Doct' James Hawe's Ace' for Visits & Medicines on
account of several of the Poor of Charlestown, from
July 1784, to Ocr- 26th, 1787, . . . _ . . 2 0 10

To Joseph Hemmenway, for repairing & launching ye
State's Boat in August last, certified & allowed by y-
Selectmen of Boston, 13 10 0

To Joseph Brown's two Bills, for boarding Benjamin
& Anna Brown, y? Poor of Charlestow?i, from March
4th, 1785, to Ocr- 1st, 1787, 40 4 0

To the Selectmen of Leicester, on account of Thomas
Smith, State's Poor, from 10th of May, to v^ 24th,
1787, with Doctr^ Bills, . . . . " . . 3 13 6

1787. — October Session. 777

To the Selectmen of Lynn, for Boarding Richard
Hunnewell, Aged 74, & very infirm, his Daughter
Aged 35, also infirm, & Mart/ Gibson, Aged 47, and
exercised with Fits, from the first of July 1787, to y?
4th of Nov-, Charlestown Poor, £.17 2 0

To the Town of Billerica, for Boarding Jane Wood, one
of y- State's Poor, from y- 27th of Nov- 1786, to y- 21st
of August 1787, 10 9 7

To General John Felloivs, as the Balance of his Ac-
count, from Novr- 30th, 1782, to Oclr- 24th, 1783, all
Receipts and Certificates being examined, and j-
Committee for methodizing Accounts being con-
salted ; said Fellows acting as a Commissioner, &c. 28 1 0

To Timothy Edwards, Esqr ; as Agent on York Line,
in j- year 1786, for his Services, & Cash advanced,
from y- 20th of June, to j- first of October, . . . 73 18 3

To the Overseers of the Alms House, in y- Town of
Boston, for supporting a large Number of the Poor
of y- Commonwealth, from March y- 1st, 1787, to y-
first of September, 1896 8 6|

To Samuel Partridge, Master of the s- Alms House,
for his trouble in taking care of j- Commonwealth's
Poor, mentioned in ye Overseers Account, and during
y- same term, and agreeable to y- usual allowance, 98 3 11^

To Adams & Nourse, Printers to ye Commonwealth,
for Paper & Printing, from ye_ 18th Se2)t1 1786, to ye
27th of May, 1787, carefully'examined, . , . 608 9 10

To John Russell, Printer, for Printing & Publishing, by
Order of Government, from March 6th, 1787, to July,
17th, 23 16 6

To Doct^ Whiting's several Bills, for Medicines, Visits
& Supplies, on account of ye western Army in Febv ,
March, April and May last, 22 19 6

To the Town of Po?vnalborough,i'or Docfi Bills in 1785,
1786 & 1787, & for Boarding & Supplies, to ye 24th
of Janv 1787, on account of James Smith, Daniel and
Cornelius Sullivan, & John Washington, State's Poor, 32 4 8

To Paul Revere, a Sum allowed in 1785, & an Order
given by the then Committee on Accounts, but not
answered, for Engraving, &c. . . . . . 11 0 0

To the Selectmen of Natic/c, for boarding Isaac Nichols,
from ye 15th of June, 1787, to y? 26th ol Octl ; and
for boarding two Indian Infants y? same term, being
yer Poor of ye Commonwealth, . . . . . 13 15 0

To the Town of Haverhill, for Boarding Eliz'l Hooper,
one of the Poor of Charleslown, from ye 22d of Febl ,
1787, to y« 4th of Octl , . . .' . . . 16 4 0

To Oren Smith, for forwarding Dispatches, in Febl ,

1787, by Order, 17 0

To Doct£" William Towner, for Services, Visits & Medi-
cines on account of y? western Army, in May, June,
July & August last, 9 13 3

To an allowance made to John Wheeler, a Soldier in
yf western Army, in Captn. Howe's Company, and
Col. Stearns's Regiment, for a Debt contracted by
Sickness, in Feb'! last, Nursing- and Doct" Bill, . . 1 12 0

778 1787. — October Session.

To Eliz't Johnson, for Boarding Anna Rand, Lydia
Hood, Eliz= Whittemore, with her own Board, which
has been always allowed, from Febi 11th, 1787, to
Oclr= 21st, ye poor 0f Charlestown, .... £.48 12 0

To the Town of Bedford, for boarding James Ingalls,
one of ye State's Poor, from ye 20th of Feb". 1787, to
ye 2d of NoV=, 14 19 4

To Doct!- Danforlli's Bill, for Visits & Medicines, on
account of said James Ingalls, in March, April, May
& June last, ........ 227

To the Selectmen of Charlestown, for supplying a large
Number of ye Poor of Charlesloivn, from Jan'L 1st,
1787, to July ye first, 299 8 4

To another Account from ye same Selectmen, & on
account of ye same Persons, from ye first of July, to
ye first of Oct', last, . . .... 150 8 10

To Nathl Coveriy, for Printing in 1785 & 1786, Resolves

of the General Court, 3 12 0

To Captn. Phineas Jones, Lieut. Loving, & Lieut, Joseph
Washburne, for 21 Days in public Service, with
Rations, under General Lincoln, & for which they
have reel no pay, 9 8 10

Chap

£.4063 1 8|
Read and accepted, and thereupon

Resolved, that the Governor with the advice of Council
be, & hereby is requested, to issue his Warrant on the
Treasury, for the payment of the several persons, borne
on this Roll, the sums set against their names respectively,
amounting in the whole to Four thousand and sixty three
pounds, one shilling and eight pence one farthing.

November 14, 1787.

Chapter 70.

7Q RESOLVE ON THE PETITION OF GILBERT DENCH, TAXING THE
TENANTS OF THE LANDS IN HOPKISTON AND VPTOX, AND
DIRECTING THE MONIES TO BE PAID INTO THE TREASURY,
AND TO PAY THE QUIT RENTS INTO THE HANDS OF THE
TREASURER OF THE TRUSTEES.

On the petition of Gilbert Dench, in behalf of the
Trustees and tenants of the College lands, (so called,) in
Hopkinton and Upton, praying that the monies arising
from the quit rents of the said land, should be paid into
the Treasury of the Commonwealth by the said tenants :

Resolved, that the tenants of the lands in Hopkinton and
Upton, held under the Trustees of the donation of Edward
Hopkins, Esqr ; be henceforward taxed in common with
other inhabitants of this Commonwealth, in the same
manner as though the said lands were held by them in fee

1787. — October Session. 779

simple, and that the monies arising therefrom, be paid
into the Treasurer of this Commonwealth, who is hereby
directed to pay the quit rents aforesaid, into the hands of
the Treasurer of the said Trustees, on the 25th of March
annually, in gold or silver, and take duplicate receipts
therefor, one of which shall be lodged in the Secretary's
office, any resolve to the contrary notwithstanding.

November 14, 1787.

Chapter 71.

RESOLVE ON THE PETITION OF TIMOTHY GOODALE, TO NOTIFY r/7,a7) 71
THE ADVERSE PARTY TO SHEW CAUSE, &c. -* '

On the memorial of Timothy Goodale, of At hoi, setting
forth that he has had his Estate seized & taken from him,
by means of an Execution in favor of Ebenezer Rockwood,
which Execution is represented to have been obtained by
Fraud, & praying for a New tryal :

Resolved, that the Prayer of the si memorial be so far
granted, that the si Goodale, notify the s= Rockwood, by
serving him Avith an attested Copy of his Memorial & of
this Resolve, at least thirty days previous to the second
Wednesday, of the next setting of the General Court, that
he may appear & shew cause, if any he has, why the
Prayer of this Memorial should not be granted, & that
Execution be stayed in the mean time.

And be it further Resolved, that the si Timothy Goodale,
shall improve his Real Estate until the final determination
of this Court, with regard to a new tryal, it having been
taken by virtue of an Execution notwithstanding.

November 15, 1787.

Chapter 72.

RESOLVE ON THE PETITION OF JOHN LANGDON AND SARSON ChdJJ. 72
BELCHER, DIRECTING THE TREASURER TO RECEIVE OF ^

THEM A SUM IN GOVERNMENT NOTES IN DISCHARGE OF
THEIR BOND.

On the Petition of John Langdon & Sarson Belcher,
praying that the Treasurer may be directed to suspend any
process against them, on Account of a Bond which they
signed in the Year 1782, with James Jauncy, and
JVathaniel Oudworth, Auctioneers, to secure the payment
of one per cent, duty, &c. as is fully set forth in their
Petition :

780 1787. — October Session.

Resolved, that the prayer thereof be so far granted, that
the Treasurer of this Commonwealth, be, and he is hereby
directed and Impowered, to receive of the said John
Langdon & Sarson Belcher, the sum of Thirty five pounds
three shillings & four pence two farthings in Government
Notes of this Commonwealth, in full discharge of the said
Bond, and that any process that has been made on the
said Bond be stayed, they paying all cost, that hath here-
tofore arisen on the said Bond. November 15, 1787.

, Chapter 73.

Chap. 73 RESOLVE ON THE PETITION OF JOSEPH BOYD, DIRECTING THE
^' TREASURER TO CREDIT THE TOWN OF BRISTOL, THE SUM

MENTIONED, AND TO RECALL THE EXECUTION.

On the petition of Joseph Boyd, setting forth that the
Treasurer of this Commonwealth, has issued an Execution
against him as Collector of the town of Bristol, for a
deficiency of Four hundred, eighteen pounds & nine pence,
stated to be the ballance due from him, on the State Tax,
prior to No. 4 : and whereas it appears, that by a Resolve
of the General Court, passed the twelfth day of. November
Seventeen hundred & eighty four, the Assessors of the
said town of Bristol, were directed to assess on the
Inhabitants thereof, the sum of Seven hundred ninety three
pounds, ten shillings, in lieu of all the Taxes, assessed
previous to the said year, and that all the Warrants issued
before that time, should be recalled, that all monies paid
in subsequent to the first day of June, in the same year,
should be credited in part thereof:

And whereas, on the twelfth day of May, in the same
year, Jacob Dockindorf, another of the Collectors of the
said Town, paid in the sum of One hundred thirty eight
pounds, six shillings & eight pence, and doubts have arisen,
whether the said last mentioned sum, ought to be carried
to the credit of the said town ; for removing of which,

Resolved, that the Treasurer of this Commonwealth be,
and he is hereby directed, to credit the Town of Bristol,
the said sum of One hundred thirty eight pounds, six
shillings and eight pence, in part of the sum of seven
hundred ninety three pounds, ten shillings, ordered to be
assessed by the Resolution of the General Court, passed
the twelfth day of November , One thousand seven hundred
& eighty four, any thing to the contrary in the said
Resolve, notwithstanding.

1787. — October Session. 781

And it is further

Resolved, that the Treasurer be, and hereby is directed
to recall the Execution by him issued, against the said
JosejJi Boyd. November 15 ', 1787.

Chapter 74.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN nj.f.^ rrA
OF TEMPLETON, DIRECTING THE CLERK OF THE COURT OF ^naP' **
COMMON PLEAS, TO REMIT THE SUM MENTIONED, AND
ASSESS THE SAME ON THE TOWN OF GERRY.

Upon the petition of the Selectmen of the Town of
Templeton, setting forth that in the assessment of the
County Tax, for the County of Worcester, granted by the
General Court last March, the Sum of thirty five pounds,
one shilling and four pence, was assessed upon the Inhab-
itants of the said Templeton, which proportion of Asess-
ment, was too great by one third, since the incorporation
of the Town of Gerry :

Therefore,

Resolved, that the third part of the Sum aforesaid, be
assessed upon the Inhabitants of the Town of Gerry, and
the Clerk of the Court of Common pleas, for the County
aforesaid, is hereby ordered and directed, to remit to the
Inhabitants of the Town of Templeton, the one third part
of the said Sum of thirty five pounds, one shilling & four
pence, and assess the same upon the Inhabitants of the
Town of Gerry. November 15, 1787.

Chapter 75.

RESOLVE ON THE PETITION OF JOSEPH ADAMS, GRANT TO,
PROVIDED HE GIVE HIS OBLIGATION CONDITIONAL, &c.

On the petition of Joseph Adams of Lincoln, praying
for an order upon the Treasury of this Commonwealth
for seventy five pounds, it being a sum allowed to Love
Adams, Wife of Dr. Joseph Adams, an absentee, as her
dower, she since is gone to Europe; for Reasons set forth
in the Said Petition,

Resolved, that the prayer thereof be granted, and that
there be allowed & paid out of the treasury of this Com-
monwealth, to the Said Joseph Adams, the petitioner, the
Said Sum of seventy five pounds, provided the petitioner

Chap.

782 1787. — October Session.

give his obligation to the Treasurer in the penal Sum of
one hundred & fifty pounds, Conditioned for the repay-
ment of so much of the said sum, as the Said Love Adams
may be intitled to receive, in case she returns to America.

November 15, 1787.

Chapter 76.

Chap. 76 RESOLVE ON the petition of daxiel and ebenezer W1TH-

r' INGTON, DECLARING NULL AND VOID THE JUDGMENT BY

DEFAULT, AND GIVING LIBERTY TO GILHAM TAYLOR, TO
ENTER HIS ACTION AT THE COURT OF COMMON PLEAS, AT
BOSTON.

Upon the Petition of Daniel Wiihington & Ebenezer
Withington, the fourth, both of Dorchester , praying that
a Judgment recovered against them, by Default in an
Action commenced by Gilliam Taylor, of the said Dor-
chester, against them & one Phillip Withington, before
Thomas Grafts, Esqr ; (one of the Justices assigned to
keep the Peace within & for the County of Suffolk), on
the fourth day of October last, on the Confession Act, &
may be set aside, & that the Petitioners may have an
opportunity to defend the same at the next Court of
Common Pleas, to be held in the County of Suffolk, as
if no such default had happened, (if the said Taylor see
cause) to prosecute his said Action :

Resolved, that the aforesaid Judgment by default be, &
the same hereby is declared to be null and void, & that
the said Gilham Taylor, have liberty to enter his said
Action at the Court of Common Pleas, next to be holdeu
at Boston, within & for the said County of Suffolk, (if he
see fit) ; & the said Defendants shall be considered in the
same situation as if they had appeared before the said
Justice & refused to confess or refer the demand of the
Pltf., Agreeably to the Law; And the said Justice shall
certify a Copy of the Proceedings before him, at the said
Taylor's request, as if the said Taylor had formally noti-
fied the Petitioners in the Presence of the said Justice,
that the said Action would be carried and entered at the
said Court of Common Pleas, And the said Petitioners
shall cause the said Taylor to be served with a Copy of
this Resolve at least fourteen days before the sitting of
the said Court. November 15, 1787.

1787. — October Session. 783

Chapter 77.

RESOLVE ON THE PETITION OF JOHN WEBBER, EMPOWERING •>£«*, 77
HIM TO SELL THE REAL ESTATE MENTIONED. \yflUJJ. I i

On the Petition of John Webber :

Resolved, That the s? John Webber, be, and he is hereby
authorized to sell so much of the Real Estate of John
Whitmore, of Medford, in the County of Middlesex, Gen-
tleman, Deceased, as will raise the Sum of one Iiundred
pounds, and give the Purchaser or Purchasers a good
Deed or Deeds for the same, the s~ Webber first givino;
Bond with sufficient sureties to the Judge of Probate for
the sS County of Middlesex, conditioned that he will ob-
serve the Rules prescribed by Law, for executors and
administrators in the Sale of Real Estate and the Disposi-
tion of the proceeds of the si sale. November 15, 1787.

Chapter 78.

RESOLVE ON THE PETITION OF SAMUEL MATHER AND OTHERS QJiat) 78
JUSTICES OF THE PEACE IN THE COUNTY OF HAMPSHIRE] * '

AUTHORIZING THE JUSTICES OF THE SUPREME JUDICIAL
COURT, TO AUDIT, EXAMINE AND ALLOW SUCH ACCOUNTS
AS SHALL BE EXHIBITED BY THEM.

Upon the Petition of Samuel Mather, and others, Jus-
tices of the Peace within and for the County of Hamp-
shire, seting forth that on Complaint made against Adnah
Sackett, & others, for making & uttering divers Species
of counterfeit Silver Coin, and making divers Tools &
Instruments, for counterfeiting the same, they the said
Justices, after the said Persons were apprehended, opened
a Court of Enquiry for hearing & examining the Wit-
nesses, &c. and that sundry Days were spent, and great
Expence accrued in Exertions to detect & bring to Pun-
ishment, such persons as were concerned in perpetrating
the said Crime, praying for reasonable Allowance for
Time & Expences, as set forth in the said Petition :

Resolved, that the Prayer of the said Petition be so far
granted, that the Justices of the Supreme Judicial Court
be, and they hereby are fully authorized & impowered to
audit, examine & allow such Accounts as shall be exhibited
by the Justices aforesaid, in like way and manner as they
the said Justices might or could have done, had the said
criminal Prosecutions been carried to final Issue & Effect.

November 16, 1787.

784: 1787. — October Session.

Chapter 79.

Chat) 79 RES0LVE ESTABLISHING THE PAY OF THE MEMBERS OF THE
"* GENERAL COURT, THE PRESENT SESSION.

Resolved, that there be allowed, and paid to the mem-
bers of the honb.le Council, eight shillings, for each day's
attendance ; to the members of the honb!e Senate, seven
sJiillings & sixpence; and to the members of the House
of Representatives, seven shillings, and the same pay for
travel that has been usually allowed.

And it is further Resolved, that there shall be allowed
and paid out of the public Treasury, to the hon. Samuel
Adams, Esqr ; President of the Senate, and to the hon.
James Warren, Esqr; Speaker of the House of Repre-
sentatives, each, the sum of six shillings per day, for
every day's attendance on the General Court, the present
session, over and above their respective pay as members
thereof. November 16, 1787.

Chap.

Chapter 80.

g() RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF YORK, AND GRANTING A TAX TO BE
ASSESSED ON THE INHABITANTS.

Whereas it appears upon examination of the Settlement
of Accounts between the General Sessions of the Peace,
for the county of York, and the Treasurer of the said
County, on the ninth day of October, A. D. 1787, That
all the money granted and Allowed by the said Court of
General Sessions of the Peace, for the year past, were
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.

And whereas it appears from an Estimate of the Jus-
tices of the said court, Made at their General Session on
the second Tuesday of October, A. D. 1787, That the
Sum of One Hundred and thirty pounds, Will be neces-
sary for defraying the Charges for the said county for
One year next ensuing : Therefore

Resolved, that there be, and hereby is granted a Tax of
One Hundred and thirty pounds, to be Apportioned on
the Polls and Estates of the Inhabitants of the said County
of York, and Assessed, Collected and Applied According
to the Laws of this Common Wealth.

November 16, 1787.

1787. — October Session. 785

Chapter 81.

RESOLVE ON THE PETITION OF ABIEL PEIRCE, DIRECTING THE nj,a7) gl
TREASURER TO STAY EXECUTION AGAINST HIM. KjllUjJ* O

On the Petition of Abiel Peirce, of Middleboroug7i,
Constable, siting forth that he Received for Continental
Tax No. 1, Committed to him to Collect a Security Signed
by Samuel Hiligas, & counter signed by Nathaniel apple-
ton, Com!, Dated September 13th, 1777, on Interest, to
the amount of ninety pounds., which the Sheriff will not
take to Satisfy said execution :

Resolved, that the Treasurer of this Commonwealth be,
and hereby is Directed to stay Execution against the Said
Constable, untill the first Day of March next, for Reasons
set forth in the s? Petition, & that the Sheriff of Plymouth
County, govern him Self Accordingly.

November 17, 1787.

Chapter 82.

RESOLVE GRANTING £.2500 TO AMASA DAVIS, ESQ; Q. M. G. IN nhar) g9
ADDITION TO FORMER GRANTS, TO COMPLEAT THE SETTLE- &'

MENT OF THE ACCOUNTS AGAINST THE COMMONWEALTH.

On the Representation of Amasa Davis, Esqr ; Quarter
Master General, that the sum of Two thousand Jive hun-
dred pounds, (in addition to the sum he has already
received,) will be necessary to Compleat the Settlements
he is directed to make in his department.

Resolved, that there be paid out of the public Treasury
to Amasa Davis, Esqr; Q. M. General, the sum of Tivo
thousand jive hundred pounds, of the monies arising from
the Specie Part of Tax No. five, the said Amasa Davis,
Esqr ; being accountable for the disposal of the same.

November 17, 1787.

Chapter 83.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR (Jhaj) 83
THE COUNTY OF BRISTOL, AND GRANTING A TAX FOR DE- ■* '

FRAYING THE CHARGES OF SAID COUNTY.

Whereas it appears to this Court by the Representation
of the Justices of the Court of General Sessions of the
Peace for the County of Bristol, that the monies Granted

786 1787. — October Session.

and allowed by the said Court, were expended for such
purposes as are authorized by Law :

Therefore Resolved, that the said Accounts be allowed :
and whereas it appears by the Estimate of the said Court,
of General Sessions of the Peace, for the County of
Bristol, September Term, Anno Domino 1787, that the
sum of four hundred Pounds, is necessary to be raised for
defraying the charges of the said County the present year :

Therefore Resolved that there be, And hereby is Granted
a Tax of four hundred Pounds, to be apportioned and
Assessed on the polls and Estates of the inhabitants of
the said County of Bristol, and applied to the use thereof
according to the Laws of this Commonwealth.

November 17, 1787.

Chap

Chapter 84.

g4_ RESOLVE DIRECTING THE Q. M. G. TO SETTLE THE ACCOUNTS
EXHIBITED BY SELECTMEN, FOR THE AMMUNITION FUR-
NISHED BY ORDER OF GOVERNMENT.

Resolved, That the Quarter Master General be, and he
is hereby directed to settle the Accounts, which may be
exhibited by the Selectmen of any town or district in this
Commonwealth, for the Ammunition furnished by Orders
of Government to either their, or the Militia of any other
town or district, rating the several Articles of Ammunition
at the current Value of such Articles in the particular
place in which they were furnished ; and the Quarter
Master General is hereby directed to govern himself
accordingly. November 17, 1787.

Chapter 85.

g5 RESOLVE ON THE PETITION OF GEORGE WILLIAMS,, DIRECTING
THE TREASURER TO GIVE HIS NOTE OR NOTES, IN BEHALF OF
THIS COMMONWEALTH, ON INTEREST, FOR THE BALANCE DUE
FOR THE SHIPS MENTIONED.

On the Petition of George Williams, praying for pay-
ment of the Ballances due to him & others, for the Ships
Black Prince & Hector, lost at Penobscot.

Resolved, that the Treasurer of This Commonwealth be,
& he is hereby directed to Give his Note or Notes, in
behalf of this Commonwealth, on Interest, and payable
for one Moiety of the Ballances due for the Ships afore-

1787. — October Session. 787

said, in Six Months, & The other Moiety in Eighteen
Mouths; and the Treasurer aforesaid, is further directed
to pay the Interest on the Said Ballances from the Time
of their Adjustment, To the date of the Notes, in the same
Manner as he pays the Interest on the Consolidated Notes
of this Commonwealth, provided the Said Williams Shall
give tiual Discharges for the afforesaid Ballances, & Furnish
the Committee for Stating & Methodizing the Acct? of
this Commonwealth, with proper Vouchers to Suport a
Charge against the United States for the amount of the
Two Ships afforesaid. November 17, 1787.

Chapter 86.

RESOLVE ON THE PETITION OF JAMES HILDRITH, TO NOTIFY QhaV QQ
THE ADVERSE PARTY TO SHEW CAUSE, &c. ^'

Upon the petition of James Hildrith, setting forth that
in an action br* against him by David Wheeler, of Con-
cord, at a Court of Common Pleas holden at Groton, in
May, 1786, and also another action brl against him by
Eph™ Hildrith before Ebeif Champney, Esqr ; of Groton;
And praying that the judgments on the said actions may
be sett aside & new tryals granted, for reasons sett forth
in the petition :

Resolved, that the said James Hildrith notify the said
David Wheeler, & EpJi"2 Hildrith, to shew cause, if any
they have, on the second Wednesday, of the next setting
of the General Court, why the prayer of the said petition
should not be granted, by causing them to be served with
an attested copy of this petition & order thereon, fourteen
days before the said second Wednesday, and that Execu-
tion be stayed in the mean time. November 17, 1787.

Chapter 87.

RESOLVE ON THE PETITION OF HEZEKIAH FAT, DIRECTING THE nj,nrh Q7
TREASURER TO DISCHARGE THE EXECUTION. KjfUip. O*

On the petition of Hezekiah Fay, of Southborough, in
the county of Worcester, Constable for the year 1780,
Praying that an Execution for the sum of seventeen Pounds
Nineteen Shillings & 3d., Silver money, issued By Thomas
Ivers Esqi", late Treasurer of this Common Wealth, be
discharged, for reasons set forth in the sa- Petition :

Resolved, That the Prayer of the sd Petition be granted,
& that the Treasurer be, & he hereby is directed to
discharge the sd- Execution. November 17, 1787.

788 1787. — October Session.

Chapter 88.

Chap

. 88

Chap

RESOLVE ON THE PETITION OF FORTUNE BURNEE, AUTHORIZ-
ING THE GUARDIANS OF THE GRAFTON INDIANS, TO SELL
THE LAND MENTIONED.

On the petition of Fortune Burnee:

Resolved, that the prayer thereof be granted, and that
Edward Rawson, Willis Hall & Stephen Maynard, Esq'rs,
Guardians to the Grafton Indians, be, and they are hereby
authorized and empowered to sell sixteen Acres and one
hundred poles of land mentioned in the said petition, for
the most the same will fetch, either by publick sale or
otherwise as they shall judge most expedient, and to give
a good Deed or Deeds of the same ; and they are hereby
further directed to apply the monies arising by such sale
to the building an House for the said Fortune Burnee, and
to no other purpose whatever. November 19, 1787.

Chapter 89.

g9 RESOLVE ON THE PETITION OF THE PURCHASERS IN THE NORTH
MILLS LOTTERY, DIRECTING THE MANAGERS OF SAID LOT-
TERY TO PROCEED TO THE DRAWING OF THE FOURTH CLASS,
AND IN CASE.

Whereas there appears to have been unreasonable De-
lays in the drawing the North-Mills Lottery : & whereas
in the Act authorizing & establishing the s^- Lottery,
there is no Provision made for the time of drawing the
same :

Be it therefore Resolved, that the Managers of the said
Lottery be, and they are hereby directed to proceed to
the drawing of the fourth Class of the said Lottery with
all Expedition ; and in case the said Managers shall not
draw the same on, or before the twentieth day of Febru-
ary next, then the adventurers shall be intitled to receive
the money which they gave for their Tickets respectively
in the fourth Class of the said Lottery.

November 19, 1787.

Chapter 90.

Chart 90 RES0LVE directing the treasurer to borrow money to

■* * PAY THE GOVERNOR, COUNCIL, HOUSE OF REPRESENTA-

TIVES, JUDGES, &c. &c. AND APPROPRIATING THE SPECIE
PART OF THE CONTINENTAL TAX FOR SAID PURPOSE.

Whereas the exigencies of this Government are such
as renders it necessary to borrow part of the specie Tax,
granted to Congress, in the year 1786 :

1787. — October Session. 789

Be it therefore Resolved, that a sum sufficient for the
purposes hereafter Expressed, be borrowed & retained
from said Appropriation accordingly.

And it is further Resolved, that the Treasurer of this
Common Wealth be, and he is impowered and directed
to borrow on the credit of the specie part of the tax
afor-, or any other fund not before appropriated, a sum
sufficient to pay his Excellency the Governor, the Mem-
bers of the Council, the Senate, & House of Representa-
tives in the present Session, and also to pay the Members
of the General Court, their proportion of money bor-
rowed for the Travel and attendance last Session, who
did not receive it, the Justices of the Supreme Judicial
Court the arrears due them, the Members of the late Con-
tinental Convention, and the Members of Congress for the
year 1787, The Secretary of this Common Wealth, and
the President of Harvard College. & the better to secure
reimbursement to the individuals who may loan the same,
the Treasurer is hereby directed not to give any orders
or drafts on the si Specie Tax, untill the money borrowed
in consequence of this Resolve is repaid ; Excepting what
may be necessary to discharge the pay rolls of the Troops
lately in the service of Government, & other Expences in
the Commissary and Quarter Master Generals depart-
ments, not to Exceed Three Thousand pounds.

And it is further Resolved, that the Treasurer be, and
he is hereby further directed to replace the money he may
borrow from the appropriation aforesaid, out of the first
money that shall be brought into the Treasury from the
next tax, which shall be granted for the use of this Gov-
ernment. November 19, 1787.

Chapter 91.

RESOLVE ON THE PETITION OF TIMOTHY CUTLER, APPOINTING n}.nr. Q1
A COMMITTEE TO ASCERTAIN THE VALUE OF THE LAND {^na2J'
MENTIONED.

On the petition of Timothy Cutler, praying that Com-
pensation be made him for a Tract of Land containing
five hundred Acres, which he purchased of one John Wis-
wall, who held the same under an incompleat grant
of the Government of the late Province of the Massa-
chusetts Bay, and which has been since granted under
the authority of this Commonwealth to other Persons :
Therefore

790 1787. — October Session.

Resolved, that Mr. JVason, Mr. Fox & Mr. Noyes, be
a Committee to ascertain the value of the said Tract of
Land, and that the Petitioner be permitted to lay out so
much of the unappropriated Lands within this Common-
wealth, as the said Committee shall judge to be a reason-
able Compensation for the damage he has sustained, The
said Committee to make report of their doings to the
Committee that is or may hereafter be appointed for the
sale of eastern Lands, who are authorized and empow-
ered to make a deed of the same to the said Timothy
Cutler, which when duly executed and recorded, shall
compleatly vest the Lands therein described in the said
Timothy Cutler, his heirs & assigns forever.

November 20, 1787.

Chapter 92.

Chan 92 resolve on the petition of the plantation of lewis-
1 ' TOWX, appointing a committee to view their circum-

stances, and report.

On the Petition of the Plantation of Leivistown, in the
County of Lincoln, setting forth their inability to Pay
Publick Taxes, and Praying that a Committee may be
Sent to View their Circumstances, and that the Execu-
tions against them may be Staid :

Resolved, for Reasons set forth in the said Petition,
that Mr. Thacher, Mr. Merril and Mr. Sylvester, be a
Committee to Repair to the said Plantation to view their
Circumstances, at the Expence of the said Plantation, and
Report at the next Setting of the General Court, and that
the Executions against the said Plantation be staid in the
mean time. November 20, 17S7.

Chapter 93.

Chaw 93 Resolve directing the secretary to give certificates

•r* FOR THE PAYMENT OF THE BEEF TAX.

Whereas the Time is expired wherein the Secretary
was directed to give Certificates relative to the payments
made upon the Beef Tax so called :

Resolved, That the Secretary be, and he hereby is or-
dered and directed to give certificates of the payments
made as aforesaid ; and that the said Certificates be re-
ceived at ihe Treasurer's Office and credited as hereto-
fore, any Law or Resolution to the contrary notwith-
standing. November 21, 1787.

1787. — October Session. 791

Chapter 94.

RESOLVE ON THE PETITION OF THOMAS CLARKE AND JOHN Ch<Xp. 94
READ, DIRECTING THE TREASURER TO SUSPEND ISSUING
EXECUTION AGAINST THE ASSESSORS OF THE TOWN OF
ROXBURY.

On the petition of Thomas Clarke and John Read,
Esq'rs. representing that James White, who was chosen
Collector for the Town of Roxbury, for the year 1783,
has absconded, leaving a large ballance due on State Tax
No. 3, in consequence of which the Treasurer of the
Commonwealth, has issued a scire facias, against the
assessors of the said Town, and praying that Execution
may be stayed, for reasons set forth in the said petition :

Resolved, that the prayer thereof be so far Granted,
that the Treasurer of this Commonwealth be, and he
hereby is directed to suspend issuing Executions against
the Assessors of the said Town of Roxbury, for the term
of Six months from the passing of this Resolve, any law
to the Contrary notwithstanding. November 20, 1787.

Chapter 95.

RESOLVE ON THE PETITION OF JAMES SWAN, DECLARING VOID Hln^ Qff
A JUDGMENT RENDERED BY DEFAULT AGAINST HIM, AND "'

EMPOWERING ANDREW BRIMMER, ATTORNEY TO EMANUEL
ELAM, TO ENTER THE ACTION AT THE NEXT COURT OF
COMMON PLEAS HOLDEN AT BOSTON, AND SAID SWAN TO
NOTIFY SAID BRIMMER THEREOF; AND REPEALING A RE-
SOLVE PASSED OCTOBER LAST.

On the petition of James Swan:

Resolved, That the judgement rendered by default
against James Swan, on the ninth day of August last
past, before Thomas Crafts, Esqr ; in favor of Emanuel
Elam, & the Execution issued thereon, be, & hereby are
declared void ; and that Andrew Brimmer, Attorney to
the said Emanuel Elam be, and he hereby is impowered
to enter the action of the said Emanuel Elam, against
the said James Swan, at the next Court of Common
Pleas to be holden at Boston, within & for the County of
Suffolk, on the first Tuesday of January next, and to
produce all the papers & evidence filed in the said case,
in the same manner as by Law he might if the said James
Swan had appeared before the said Thomas Crafts, Esqr;
& denied the demand of the said Elam ; and further, that

792 1787. — October Session.

the said James Swan, give notice to the said Andrew
Brimmer, Attorney as aforesaid, by serving him with an
attested copy of this Resolve fourteen days at least before
the said first day of January next, & pay the costs which
have already arisen ; And the Justices of the said Court
of Common Pleas are hereby authorized to take cogni-
zance of the said Action, as if the same came before the
said Court in the ordinary course of Law.

Resolved further, That the Resolution of the General
Court of the 19th of October last, upon the Petition of the
said James Swan, be, and hereby is repealed.

November 20, 1787.

Chapter 96.

Chan 96 RES0LVE 0N THE petition of ezra phillips, directing the

■*■ ' TREASURER TO ISSUE ANOTHER NOTE, HE GIVING BOND, &c.

On the Petition of Ezra Phillips, setting forth that on
the first day of September, One thousand seven Hundred
and Eighty three, he received from the Treasurer a Con-
solidated Note payable to him or bearer, for the sum of
Twenty Eight pounds five shillings and Eight pence, and
that some time afterwards in the same Month, the said
Note was by unavoidable Accident lost.

Resolved, that the Treasurer be, and he hereby is
directed to issue to the s- Phillips another Note of the
same Date, and for the same sum, the s- Phillips giving
good and sufficient Bonds with sureties to indemnify and
save harmless this Commonwealth from the Note lost as
aforesaid. November 20, 1787.

Chap. 97

Chapter 97.

RESOLVE GRANTING A TAX TO THE COUNTY OF SUFFOLK.

Whereas it appears by the representation of the Justices
of the Court of General Sessions of the Peace for the
County of Suffolk, made on the third Tuesday of April,
Anno Domini 1787, that the sum of Six hundred pounds,
is necessary for discharging part of the debt due from the
said County of Suffolk, to the heirs of Ezekiel Goldthivait,
Esqr ; Dec-, and that a further sum is necessary for
defraying the charges of the said County, the present
year : therefore

1787. — October Session. 793

Resolved, that there be, and hereby is granted a Tax of
Three Thousand pounds, to be apportioned and assessed
on the Polls and Estates of the Inhabitants of the said
County, which shall be applied, Six hundred pounds
thereof, for the purpose of discharging a part of the Debt
due to the heirs of Ezekiel Goldthwait, Esqr ; deceas'd,
and the remaining sum of Two thousand four hundred
pounds, for the use of the said County, according to the
Laws of this Commonwealth. November 21, 1787.

Chapter 98.

RESOLVE ON THE PETITION OF JOHN JENNINGS, IN BEHALF (JJidf). 98
OF THE TOWN OF LUDLOW , AUTHORIZING THE ASSESSORS "*

TO ASSESS THE SUM MENTIONED.

Upon the petition of John Jennings, in behalf of The
Town of Ludlow, seting forth that by a Mistake a War-
rant was sent from the Treasury Office to the Assessors of
the said Town, directing them to assess a certain propor-
tion of Tax No. 2, upon the Poles & Estates of the said
Town, which was assessed accordingly, & which was less
than it ought to have been, and that afterwards the Treas-
urer discovered the Mistake and sent another Warrant
for forty four pounds thirteen Shillings & four pence,
over and above the former Warrant, and praying that
further Time may be allowed the said Town to discharge
the said Tax, and that the same may be assessed upon the
Estates of the Inhabitants of the said Town exclusive of
the poles :

Resolved, that the prayer of the said petition be granted,
and that the Assessors of the said Town be, and they are
hereby authorized & directed to assess the aforesaid Sum
of forty four pounds thirteen Shillings & four pence,
upon the Estates of the said Inhabitants and that they be
allowed the Term of three Months from the Date hereof
to discharge the same, and the Treasurer is directed to
take notice hereof accordingly. November 21, 1787.

Chapter 99.

RESOLVE ON THE PETITION OF JOHN JENKS, TO NOTIFY, TO rrLnrn QQ
SHEW CAUSE. Kjnajj. VJ

On the Petition of John Jemks setting forth that
Judgment was rendered against him in favor of Samuel

794 1787. — Octobee Session.

Miller, of Adams, at the Session of the Supreme Judicial
Court in the County of Berkshire, in March last, & pray-
ing for relief, for reasons set forth in the said petition, &
for a new trial :

Resolved, That the said Jenks, serve the said Miller
with a copy of his petition and this Resolve, fourteen days
before the second Wednesday of the next Session of the
General Court, to shew cause why the prayer of the said
petition should not be granted, and that Execution on the
aforesaid Judgment, in the mean while be stayed.

November 21, 1787.

Chapter 100.

Chan 100 RES0LVE 0N the petition of betty ephraim, one of the

1 ' NATWK INDIANS.

On the Petition of Betty Ephraim, one of the Natick
Indians praying for some provision for her support :

Resolved, That the Guardians of Natick Indians provide
suitable support for the s- Petitioner, and lay their Accounts
therefor before the Committee of Accounts for their allow-
ance. November 21, 1787.

Chapter 101.

CkaV 101 RES0LVE DIRECTING THE SECRETARY TO RECORD THE AGREE-
■r' MENT ENTERED INTO BY THE AGENTS OF THIS COMMON-

WEALTH, AND THE STATE OF NEW-YORK.

On the Governour's Message respecting the Proceedings
of Commissioners appointed to run the Line between this
Commonwealth & the State of New York, eastward of
Hudson's River:

Ordered, that the Agreement entered into by the Agents
of this Commonwealth, and the State of New York, on
the twenty first day of July last, be recorded by the Sec-
retary of this Commonwealth, and that the said Agree-
ment with the Papers accompanying it, be filed in the
Secretary's Office. November 21, 1787.

Chajy.102

Chapter 102.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE
TOWN OF NATICK, FOR STAYING EXECUTION.

Upon the Petition of the Selectmen of the Town of
Natick, praying for a Discharge of an Execution against
the said Town, for the Reasons set forth in the Petition :

1787. — October Session. 795

Resolved, that the Prayer of the Petition be so far
granted, that the said Execution be stayed till the next
session of the said General Court, & that the Sheriff of
the said County of Middlesex, be, & he is hereby ordered
to cause the said Execution to be stayed accordingly.

November 21, 1787.

Chapter 103.

RESOLVE GRANTING TO JOHN TUCKER, ESQ; CLERK TO THE (JkaTJ.lOS
SUPREME JUDICIAL COURT, £.50 AND AUTHORIZING THE "''

TREASURER TO BORROW THE SAME.

On the Petition of John Tucker, one of the Clerks of
the Supreme Judicial Court, praying an allowance for
services in his said office :

Resolved, that there be paid out of the public Treasury
of this Commonwealth, Fifty pounds, to the said Tucker,
he to account for the same, and that the Treasurer be,
and he is hereby authorized to borrow the said sum, in
manner and on the Same funds as is provided by a resolve
of the 27th of October last, for payment of the several
Clerks in the Treasurer's and Secretary's Offices.

November 21, 1787.

Chapter 104.

RESOLVE ON THE PETITION OF THE SELECTMEN, OF THE
TOWN OF CUMINGTON, DIRECTING THE CLERK OF THE
PEACE FOR THE COUNTY OF HAMPSHIRE, TO PROPORTION A
CERTAIN TAX.

On the Petition of the Selectmen of the Town of Cum-
ington, praying for a Division of a County Tax bill,
which the Clerk of the peace for the County of Hampshire,
sent to the s- Town, of Four pounds fourteen Shillings,
bearing Date the Tenth Day of February, 1784, which
appears to be the Proportion of the Said Town, and the
District of Plainjield:

Resolved, that the proportion of the town of Guming-
ton, of the aboves- Tax is three pounds four shillings &
Seven Pence, & the proportion of the District of Plain-
field, is one Pound nine Shillings & five Pence, and the
Clerk of the peace for the County of Hampshire, is hereby
Directed to Govern him Self Accordingly.

November 21 , 1 787.

Chap.104:

796 1787. — October Session.

Chapter 105.

ChaV.105 RESOLVE ON THE MEMORIAL OF JOHN LUCAS, ESQ; COMMIS-
1 SARY OF PENSIONERS.

Upon the memorial of John Lucas, Commissary of
Pensioners of the Army & Navy of the United States,
Stating; that the Pension list for residents within this
Commonwealth, to the 1- of Jan* 1785, amounted to
£12.214.12.5, which in conformity to an order of this
Government, was then made out & transmitted to the
Commissioners of the Continental Treasury, & the said
Sum was drawn for on the Treasury of the United States,
in consequence of a resolution of Congress, of Nov- 1782 ;
But the said Pension List, not having been made out, in
conformity to the mode prescribed by the said Resolve
of Nov? 1782, it was not paid, & this Commonwealth
in consequence thereof, has not received credit for it :
Therefore

Resolved, that the Committee for Methodizing Public
Acct? be, & they hereby are directed to make charge of
the aforesaid sum of £12.214.12.5, in behalf of this Com-
mon Wealth, against the United States, and adjust the same
with the Commissioner or Commissioners, who are or may
be appointed to Audit the Acct? of this Commonwealth,
against the United States.

And it is further Resolved, that such part of a Resolve
of the General Court, of the 17Lhof March 1786, which
directs the Treasurer of this Commonwealth, to pay to
the individuals, the several Sums affixed to their Names
respective^, on such Rolls, out of monies to be appro-
priated for that purpose, be repealed, And that there be
paid out of the Public Treasury from time to time, to the
Commissary of Pensioners, by Grant of the General
Court, sufficient to enable him to discharge the amount
of his Rolls of Pensioners as aforesaid, the same to be
charged to the United States, agreeably to a Resolve of
Congress, bearing date the 7- of June, 1785.

And it is further Resolved, that all Pensioners employed
at Castle William, be paid by the Treasurer of this Com-
monwealth, such Wages only as they may be entitled to,
over & above what may be due to them as Pensioners,
any former Resolve to the contrary notwithstanding ; And
the Commissary of Pensioners is directed to pay them

1787. — October Session. 797

their Pensions respectively, in the same manner as if they
were not employed as aforesaid, the same to be charged
to the United States. November 21, 1787.

Chapter 106.

RESOLVE ON THE PETITION OF THE SELECTMEN OF ALMS- fij.n/n -l()a
BURT, DIRECTING THE TREASURER TO CREDIT- SAID TOWN ^/"*i)'J-uo
FOR AN OVERCHARGE IN TAX No. 3.

On the Petition of the Selectmen of Almsbury, Pray-
ing for an abatement of a fine assessed on the Said Town,
in Tax No. 3, for a Deficiency of nine three years men.

Whereas it appears that the said Town of Almsbury,
were overcharged to the amount of two men, & one half,
by the Resolve of the 2^ of December 1780.

Resolved, that there be abated to The said Town of
Almsbury, the sum of six Hundred and thirty jive pounds
seven shillings & jive pence, it being for the sum which
the said Town was overcharged in Tax No. 3, & one
half the average price assessed on the said Town for a
Deficiency of six men & one half, & the Treasurer of this
Commonwealth, is hereby directed to Credit the said
Town of Almsbury accordingly. November 21, 1787.

Chapter 107.

RESOLVE ON THE PETITION OF SAMUEL PARKER, EXECUTOR f1Jin,n "| (Y7
OF THOMAS IVERS, ESQ; APPOINTING SAMUEL THWING AND ^naP'1KJi
JAMES FOSTER, TO EXAMINE THE BOOKS, &c. AND TO RE-
CEIVE THE BOOKS AND PAPERS, RELATIVE TO THE LATE
BOARD OF WAR, AND GRANTING £.100, TO THE SAID EXECU-
TORS, FOR THE USE OF THE HEIRS OF SAID IVERS.

On the petition of Samuel Parker, Executor of Thomas
Ivers, Esqr ; the late treasurer, praying for an allowance
to said Ivers's heirs, & that a Committee be appointed to
examine the books & papers of the said Treasurer, & to
transact certain business thereon :

Resolved, That the prayer of the said Petition be
granted, & that Mess'rs Samuel Thwing & James Foster
of Boston, be appointed to examine the Books & accounts
of the said late Treasurer, in order for immediate set-
tlement.

And whereas by a resolve of the first of Nov- 1786,
a Committee was appointed to deface a certain quantity
of the Bills of new Emission, so called, & to burn cer-

798 1787. — October Session.

tain notes & securities of several denominations, then in
the Treasury ; & whereas there remained in the Treasury
a surplus thereof, over & above what the said Committee
was authorized to deface & burn, as appears by report of
July 6, 1787 : Therefore

Resolved, that the Committee appointed 1-' of Nov.
1786, be a Committee to deface the overplus of the said
Bills, & burn the same overplus of Notes & Securities,
in manner pointed out by the said Resolve first mentioned.

Resolved further, That the Executors of the said late
Treasurer be, & they hereby are directed to deliver the
Books & papers of the late Board of War, to the Com-
mittee for stating & methodizing the publick Accounts of
this Commonwealth ; and the said Committee are hereby
directed to receive the same accordingly.

And it is further Resolved, that the sum of one hundred
Pounds be paid out of the treasury of this Common-
wealth, unto the Executors of the said Ivers, for the use
of his heirs, as a compensation for his settling the ac-
counts of the said Board of War. November 21, 1787.

Chapter 108.

CkaV 108 RES0LVE 0N THE PETITION OF LEVI THAYER, DECLARING A

^' JUDGMENT, AND ANY EXECUTION ISSUED, TO BE VOID. AND

GRANTING LEAVE TO ENTER THE ACTION AT THE NEXT

SUPREME JUDICIAL COURT IN HAMPSHIRE, AND STAYING

JUDGMENT.

On the Petition of Levi Thayer, praying for relief from
a certain Judgment recovered against him at a Court of
Common Pleas, held at Springfield, in & for the County
of Hampshire, on the second Tuesday oi November 17«5,
by William Lyman, oi Northampton, Esquire ; for reasons
set forth in said Petition, the parties having had a full
hearing, and the said Lyman consenting to the said Peti-
tion being granted :

Resolved, that the prayer of said Petition be granted,
and that the said Judgment and any Execution which may
have been issued thereon, be, and hereby are declared
Null and void, and that the said Action may be entered
by either party at the next Supreme Judicial Court to be
holden in & for the County of Hampshire, and the same
proceedings had thereon, as if it had been regularly ap-
pealed from said Court of Common Pleas from a judg-

1787. — October Session. 799

ment there rendered, on an Issue joined either in Law
or fact.

And it is further resolved, that any Judgment which
may be recovered against the said Lyman, jointly or sev-
erally, by the said Thayer, on any action now instituted,
be stayed until a final Determination of the first men-
tioned Action in the County of Hampshire.

November 21, 1787.

Chap.109

Chapter 109.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN
OF GRAY. ABATING SAID TOWN, £460 OUT OF THE TOTAL
AMOUNT OF THE TAXES CHARGED SAID TOWN, AND CON-
FIRMING A GRANT OF LAND No. 9, IN THE 3d DIVISION, AND
29 IN THE 1st DIVISION, MADE TO SAMUEL PERLY.

On the petition of the Select men of the Town of
Gray, in the County of Cumberland, in behalf of the
Said Town :

Resolved, for reasons set forth in the said petition, that
there be abated to the said Town of Gray, the sum of
four hundred & sixty pounds, out of the Total amount
of the Taxes which stand charged against the said Town,
and the Treasurer is hereby directed, to govern himself
accordingly.

Resolved, that the grant of Land No. nine, in the third
division, and twenty nine in the first division, made by
the said Town of Gray, to Samuel Perly, Clerk, be, and
hereby is confirmed to the said Samuel Perly, his heirs
and assigns forever. November 21, 1787.

Chapter 110.

RESOLVE ON THE PETITION OF JOHN BRIDGHAM, AND OTHERS, ™ •« -. ^

DIRECTING THE PROPRIETORS OF SHEPARDSF1ELD, BAKER'S- vtia/p.LW
TOWN, TURNER, &c. TO EXHIBIT TO THE GENERAL COURT,
THE BOUNDARIES OF THEIR SEVERAL CLAIMS: AND THE
PROPRIETORS OF SHEPARDSFIELD AND BAKERS-TOWN TO
APPEARAND SHEW CAUSE BY THEIR AGENTS OR ATTOR-
NIES.

On the petition of John Bridgham, & others, praying
the General Court to grant or sell to them a Tract of Land
laying between Shepardsfield , Raker's Town and Turner :

Resolved, that the Proprietors of Shepardsfield, Baker's
Town, Turner, Otisfield, Raymondstown & JSfew Glouces-

800 1787. — October Session.

ter, exhibit on the Second Wednesday of the next Session
of the General Court, the Boundaries of their Several
Claims ; and that the Proprietors of Shepardsjield &
Baker's Town, appear on said day, by their Agents or
Attorneys, to shew Cause if any they have, why the
prayer of the said petitioners should not be granted. And
the Secretary is directed to publish this Resolve in the
Portland & Essex News Papers, and in the Boston News
Papers printed by Adams and JSFourse, three weeks suc-
cessively. November 21, 1787.

Chapter 111.

Chan 111 RES0LVE 0N THE PETITION OF EDWARD TYLER, ATTORNEY
^ TO E LIS HA TYLER, TO NOTIFY THE ADVERSE PARTY TO

SHEW CAUSE, &c. AND STAYING EXECUTION IN THE MEAN
TIME.

On the petition of Edward Tyler, Attorney to Elisha
Tyler, praying that a Judgment obtained against him by
Samuel Stinson, at the last Court of Common Pleas, in
Poivnalborough, may be reversed, & that he may have a
new Trial.

Resolved, that the said Petitioner serve the said Stinson,
with a copy of the above mentioned petition, & of this
resolve thereon, fourteen days before the second Wednes-
day of the next Sessions of the General Court, that he
may then shew cause why the prayer of the said petition
should not be granted, & that Execution issued on the
said Judgement be stayed in the mean time.

November 21, 1787.

Chap.112

Chapter 112.

RESOLVE DISCONTINUING THE BOUNTY ON OIL AFTER THE
FIRST DAY OF DECEMBER NEXT.

Whereas it appears that it is no longer necessary for
the preservation of the Whale fishery, to continue the
bounty on Oy1 granted by a Resolve of the General Court,
of november 28, 1785 : Therefore

Resolved, That the bounty on Oy1 granted by the said
resolve be discontinued, from and after the first day of
December next.

And it is further Resolved that no warrant be given by
the Governor and Council, in pursuance of the said resolve
of November 28, 1785, after the said first day of December

1787. — October Session". 801

next, unless the Select men signing the Certificate required
by the said Resolve, shall further Certify that the Oy1
named in the said Certificate was landed in some port or
place within this Commonwealth, on or before the said
first day of December next. November 21, 1787.

Chapter 113.

RESOLVE ON THE PETITION OF BENJAMIN LINCOLN, JUN. AT- rrunr. 1 1 q
TORNEY TO STEPHEN HUSSET AND JONATHAN JENKINS. vfia/p.LLO

On the petition of Benjamin Lincoln, jun. Attorney to
Stephen Hussey and Jonathan Jenkins, administrators of
the estate of Abraham Pease, deceased.

Resolved, That the action wherein Jonathan Parker,
jun. of Clarendon, in the county of Charlotte, and State
of New York, was plaintiff against the aforesaid Abraham
Pease, defendant, pending at the Court of Common Pleas,
holden at Biddeford, in & for the County of York, on the
second Tuesday of October, in the year last past, and
which was through mistake defaulted at the said Court,
may be brought forward & re-entered at the Court of
Common Pleas, next to be holden in and for the said
County, and the cause shall then & there stand open for
trial between the said Parker, and the Administrators,
in the same manner as if the said action had been regularly
continued from Court to Court ; and the Clerk of the said
Court, is directed to reenter the same ; and the said
Court are authorized and directed to proceed thereon
accordingly :

And be it further resolved, that the judgment recovered
upon the default of the said Pease, and all proceedings
thereon, be suspended.

Be it further Resolved, that the Administrators aforesaid,
serve Ebenezer Sullivan of Berwick, in said County of
York, Esquire the said Parker's Attorney in the suit
aforesaid, with an Attested copy of the said Petition and
this Resolve, fourteen days at least before the next setting
of the next Court of Common Pleas, to be holden in and
for the said County of York. November 22, 1787.

Chapter 114.

RESOLVE ON THE PETITION OF JAMES PERRY, ESQ; GRANT TO.

On the Petition of James Perry, Esq ; praying that he
may receive a Sum of money, which appears to be Due
to him, for purposes mentioned in his Petition.

Chap.lU

802 1787. — October Session.

Resolved, That there be allowed and paid out of the
Publick Treasury of this Commonwealth, to the Said
James Perry, the Sum of twenty one pounds one Shilling
and six pence, in full of the ballance due to the Said James
Perry, on accf of money he paid to Joshua Davis,
for boarding a French Priest, a Linguist, and three
Indians, in the year 1781. November 22, 1787.

Chap.U5

Chapter 115.

RESOLVE ON THE PETITION OF THE SELECTMEN OF GEORGE-
TOWN, IN THE COUNTY OF LINCOLN, CONFIRMING THE
DOINGS OF THE SAID TOWN RESPECTING THEIR BEEF TAX,
AND DIRECTING SAMUEL McCOBB, AGENT, TO ACCOUNT
WITH THE TREASURER, FOR MONIES AND BEEF HE RE-
CEIVED IN CONSEQUENCE OF AN ASSESSMENT, AND DI-
RECTING THE COLLECTORS TO ACCOUNT.

On the Petition of the Select Men of Georgetown, in
the County of Lincoln, praying that an Execution which
has issued against the said Town, for the sum of
£479. 16. 8., may be recalled.

Resolved, that the doings of the said Town, respecting
their assessing money in lieu of the beef, which they were
required to furnish, by several Resolves of the General
Court, that passed in the month of December, 1780, and
June 1781, be, and they are hereby confirmed and made
valid, any irregularity in the manner of making the said
assessment notwithstanding.

And it is further Resolved, that Samuel McCobb,
Esquire the Agent appointed to receive beef for the use
of the Army, in the said County of Lincoln, be, and he
is hereby directed to account with the Treasurer of the
Commonwealth, for all monies and beef he has received in
consequence of the said assessment, and the doings of the
Town afores^, respecting their procurement of beef; and
the said Treasurer is directed and empowered to call upon
the said McCobb, to account therefor accordingly.

And it is further Resolved, that the said Treasurer pass
to the credit of the said Town all moneys and the amount
of all beef which the said Agent has received, and shall
pay in as aforesaid : And it is further

Resolved, that Capt. John White, Seth Tarr, and Joseph
Bowker, Collectors of the said Town, be, and they are
hereby severally directed to account for, & pay to the
Treasurer of the said Town, the whole of their Collections

1787. — October Session. 803

aforesaid respectively, excepting such part thereof as they
have already paid to the said McCobb ; and the Treasurer
of the said Town, is hereby empowered and directed to
account with and receive of the said Collectors, all such
moneys as they have not paid as aforesaid, and if need be
to issue his executions against them or either of them,
returnable to himself or successor in the said Office, within
sixty days from the issuing thereof, for the full amount of
their said Collections, excepting such parts thereof, as
they may have paid as aforesaid to the said Agent.

And whereas it appears, that the Resolves for procuring
Beef, were not received until the Several periods of deliv-
ering prefixed, had elapsed : Therefore

Resolved, That upon the said Town of Georgetown,
paying & accounting with the Treasurer of this Com-
monwealth, for the sum of three hundred & eighty three
pounds & twelve shillings, including all Monies & Beef paid
the said Sam'. McCobb, which appears to be the sum that
the said Town ought to have raised in lieu of Beef, the
same shall be received & admitted by him in full discharge
for the Beef required as aforesaid.

And it is further Resolved, that the Selectmen or Assess-
ors of the said Town of Georgetown, for the time being, are
hereby fully authorized & Impowered to Assess upon the
Polls & Estates of the Inhabitants of the Town of Bath,
their proportionable part of £383.12 agreable to the
valuation, by which the said town of Georgetown was
assessed, previous to the Town of Bath being sett off
from the said Town of Georgetown, & to enforce the
collection & payment of the same, by such Collector or
Collectors of the said Town of Bath, to whom such Assess-
ment may be committed, by Execution or Executions to
be issued by the Treasurer of Georgetown, for the time
being, if need be : And it is further

Resolved, that the said Town of Georgetoivn, be allowed
six months from the passing of this Resolve, to complete
the Assessment & Collection Aforesaid, and to pay into
the Treasury of this Commonwealth, such part of the said
£383.12, as has not been already paid in Money & Beef
to the Agent Aforesaid. November 22, 1787.

804 1787. — October Session.

Chapter 116.

Chart 116 RES0LVE F0R CEASING THE regular pay OF AMASA DAVIS,
\jllUJJ.i. EgQ_ Q M G AND DIRECTING HIM IN FUTURE TO KEEP Ol'EN

HIS OFFICE ON CERTAIN DAYS, AND DIRECTING ALL PERSONS
TO EXHIBIT THEIR ACCOUNTS ON OR BEFORE THE FIRST DAY
OF MARCH NEXT, AND DIRECTING THE SECRETARY TO PUB-
LISH THIS RESOLVE.

Resolved, that from and after the passing this Resolve
the Regular pay of Amasa Davis, Esqr ; Quarter Master
General of this Commonwealth, Shall Ceas and Determine,
And that he be Directed in future to keep Open his Office
on Wednesday and thursday of each week, for the purpose
of Receiving And Settling Accounts Against this Common-
wealth, for Services Relating to his Department Incurred
during the Late Rebellion, untill the first Day of March,
And that all persons having Accounts Relating to that
Department, be, And they Are hereby directed to Settle
the same before that time, And the said Quarter Master
General, is further Directed, upon the Completion of the
Said business, to lay his Accounts before the General
Court for Allowance And payment, Agreably to law ;
And the Secretary of this Commonwealth, is hereby
Directed to publish this Resolve in Adams & JVourse's
paper, And in the papers printed in Northampton, Spring-
field, Worcester And Pittsfield, that all persons concerned
may take notice and govern themselves Accordingly.

November 22, 1787.

Chap

Chapter 117.

Iirr RESOLVE ON THE PETITION OF ROGER HASKELL, AND OTHERS,
MEMBERS AND INHABITANTS OF THE THIRD PARISH IN
ROCHESTER, EMPOWERING ANY JUSTICE OF THE PEACE FOR
THE COUNTY OF PLYMOUTH, ON APPLICATION BY TEN OR
MORE OF THE FREEHOLDERS, TO ISSUE HIS WARRANT FOR
THE PURPOSES MENTIONED.

On the Petition of Roger Haskell and others, members
and Inhabitants of the third parish in Rochester, praying
that a resolve pass the General Court, whereby the said
parish may be enabled to have a parish meeting, for
reasons mentioned in the said Petition :

Resolved, That the prayer of the said petition be
granted, and that any Justice of the peace for the County
of Plymouth, be, & hereby is Authorized and impowered

1787. — October Session. 805

on application being made to him in writing by ten or
more of the freeholders of the said Parish for that purpose,
to issue his warrant directed to either of the Constables
of the said Town of Rochester, directing him to notify and
warn a meeting of the said parish at such Time and place
within the limits of said parish as he shall think proper,
to choose all parish officers for the current year, and to
act on any other Articles which the said Freeholders shall
particularly discribe in their application to the said Justice ;
and the doings of the said meeting so warned shall be
held legal and valid, as tho the said meeting had been
duly and legally warned in the month of March or April,
any Law, usage or custom to the contrary notwithstanding.

November 22, 1787.

Chap.118

Chapter 118.

RESOLVE ON THE PETITION OF A NUMBER OF TOWNS IN THE
COUNTY OF LINCOLN, ALLOWING THE SHERIFF TO RETURN
HIS EXECUTIONS RESPECTING THE BEEF TAX, AND DIRECT-
ING THE TREASURER TO STAY ISSUING EXECUTIONS UNTIL
MARCH NEXT.

On the Petitions from a number of Towns in the County
of Lincoln:

Resolved, that the Sheriff of the sA- County be, & he
hereby is allowed to return the Executions in his hands
against the respective towns in the sd- County of Lincoln,
on the Beef Tax, not satisfied, any Resolve of the General
Court to the contrary notwithstanding.

And it is further Resolved, that the Treasurer of this
Common Wealth, be directed to stay issuing his Execu-
tions against the Towns in the County of Lincoln, for the
Ballances due on the Beef Tax, untill the first Tuesday of
March next. November 22, 1787.

Chapter 119.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN f^i -t -j q

OF MENDON, FOR STAYING EXECUTION THREE MONTHS. 0/m_/?.l±l7

On the Petition of the Selectmen of the Town of
Mendon, in behalf of the Said Town, Praying that an
Execution Issued by the Treasurer of this Commonwealth
against the said Town, for Taxes in the year one Thousand
Seven Hundred and Eighty Three, may be Stayed :

806 1787. — October Session.

Resolved, that for Reasons Set forth in the Said Peti-
tion, the Prayer thereof be so far granted that the Said
Execution be Stayed three months from the Date hereof,
and all persons Concerned are Directed to govern them-
selves accordingly. November 22, 17S7.

Chapter 120.

Chav 120 RESOLVE ON the petition of mart hall, empowering two

^' JUSTICES IN THE COUNTY OF SUFFOLK, TO GRANT HER A

LICENCE.

On the petition of Mary Hall, Retailer of Spiritous
Liquors in Boston, in the County of Suffolk, praying to
obtain a licence for exercising that employment in a House,
to which she is about to remove :

Resolved, That any two Justices of the Peace quorum
Unus, in the County of Suffolk, are hereby empowered
to grant her a licence for the above purpose, she obtain-
ing the approbation of the Selectmen of the Town of
Boston, & complying with the Requisition of the Law.

November 22, 1787.

Chap.121

Chapter 121.

RESOLVE ON THE PETITION OF DANIEL TRAVIS AND OTHERS,
INHABITANTS OF NATICK, EMPOWERING THE GUARDIANS TO
SAID INDIANS TO GIVE A GOOD DEED OF THE LAND MEN-
TIONED.

On ye Petition of Daniel Travis & others, for the
Making- good & vallid their Title to Certain Tracts of
Land Purchist by the said Petitioners of ye JSfatick Indians,
So Called :

Resolved, That Joseph Tivichel, Joseph Curtis & Daniel
Whitney, Guardians to the said Indians be, & they are
hereby empowered, by their Signing and approbating the
Said Deeds, & Seeing that the Said Purchisers Do Pay
the Real Value of the Said Lands to the Said Indians, if
not Allredy Paid, with all Necessary Charges, that then ye
Said Purchisers Title to be Good & Valid to all Intents &
Purposes, any Law, Usuage or Custom to ye Conteray
notwithstanding. November 22, 1787.

1787. — October Session. 807

Chapter 122.

RESOLVE ON THE PETITION OF DAVID PIXLET, GRANT TO. (7/^^,122

On the Petition of David Pixley, praying for allowance
for his Service as Deputy Quarter Master General, the
last Winter :

Resolved, That there be allowed and paid out of the
Public Treasury of this Commonwealth, to the said David
Pixley, Dig Jit pounds, out of the Specie part of the Tax
granted in March 1786, appropriated for the payment of
the Army employed in quelling the late rebellion, in full
for his Service as aforesaid, & expences.

November 22, 1 787.

Chapter 123.

RESOLVE IN FAVOR OF THE CLERKS OF THE SENATE AND
HOUSE OF REPRESENTATIVES, GRANTING THEM £.40 EACH.

Resolved, That there be allowed and paid out of the
public Treasury, to Mr. Samuel Cooper, Clerk of the
Honorable Senate, and George Richards Minot, Esquire ;
Clerk of the House of Representatives, Forty pounds each,
on account of their services the present year.

November 22, 1787.

Chap.123

Chapter 124.

RESOLVE ON THE PETITION OF JOHN JENNINGS, IN BEHALF OF f/jr/r) 124-
JONATHAN BURR, DIRECTING THE TREASURER TO RECEIVE ^,LU/1J'L^^:
THE CONTINENTAL DOLLARS MENTIONED.

Upon the petition of John Jennings, in behalf of
Jonathan Burr, seting forth that the said Burr, was
appointed Collector of old Continental Money Taxes, and
that he received in part payment of the Said Taxes, eight
hundred & eight Continental Dollars, which he now has
on hand, praying for Reasons set forth in the said Petition,
that the Treasurer may be authorized to receive the same.

Resolved, that the prayer of the said Petition be granted,
and the Treasurer is hereby ordered and directed to receive
the said Continental Dollars, and receipt the same in like
way and Manner as heretofore he might or could have
done, any Law or Resolution to the contrary notwith-
standing. November 22, 1787.

808 1787. — October Session.

Chap.125

Chapter 125.

RESOLVE EMPOWERING TWO JUSTICES OF THE COUNTY OF
WORCESTER, ONE OF WHOM TO BE THE CLERK OF THE
COURT OF GENERAL SESSIONS, TO GRANT LICENCES TO INN-
HOLDERS OR RETAILERS, PROVIDED.

Resolved, that two Justices of the Peace within And for
the County of Worcester, one of whom to be the Clerk of
the Court of the General Sessions of the peace, be, and
they hereby are authorized and empowered to grant
licence, to any Inn holder or Retailer of Spiritous liquors,
in the said County ; provided such Inn holder or Retailer,
shall produce to the said Justices a Certificate from the
Collector of Excise, of the said County, certifying that
they have settled their Excise account with him agreably
to law, and provided also, that the said Inn holders and
Retailers shall have complyed with the requisitions re-
quired by the law, for regulating licenced houses within
this Commonwealth. November 22, 1787.

Chapter 126.

Char) 1 26 resolve for repealing a resolution of the 6th instant,
-^ respecting the q. m. g. and requiring him to settle

the accounts exhibited for ammunition furnished
by order of government.

Whereas by a Resolution of the Sixth instant, the Q.
Master General, is impowered and directed to settle any
Accounts which may be exhibited by the Select Men of
any Town or District in this Commonwealth, for Ammu-
nition supplied by order of Government, to any of the
Militia in Actual Service, without limitation of time.

It is therefore Resolved, that the said Resolution of the
Sixth instant, be, and hereby is repealed.

And it is further Resolved, That the Quarter Master
General, be, and he hereby is required and directed, to
settle the Accounts which may be exhibited by the Select-
men of any town or District in this Commonwealth, for
the Ammunition furnished by the Orders of Government,
since the first day of July, One thousand seven Hundred
and Eighty Six, to either their or the Militia of any other
town or District, rating the several Articles at their
current value, in the particular Place they were furnished,
and the Quarter Master General is hereby directed to
govern himself accordingly. November 22, 1787.

1787. — October Session. 809

Chap.127

Chapter 127.*

TITION OF JOHN P
APPOINTING A COMMITTEE OF BOTH HOUSES, TO PROCEED
TO THE TOWN OF BOWDOINHAM, AND VIEW THE PREMISES
AND REPORT.

On the petition of John Patten and others, praying to
be disconnected from the Town of Bowdoinham, to which
at present they belong, and annexed to the Town of Tops-
ham, for reasons set forth in their petition.

Whereas the parties concerned, have mutually agreed,
that a Committee be appointed to proceed to the spot
mentioned in the said petition, and view the premises,
and report their opinion of the propriety of granting the
prayer of the said petition.

Resolved, that Ezehiel Pattee, Esqr; and Mr. David
Sylvester and Josiah Thacher, Esq ; be a Committee to
proceed to Boivdoinham aforesaid, and view the premises
mentioned by the petitioners, and report to the General
Court at their next sitting, whether in the opinion of the
said Committee, it may be proper to grant the prayer of
the said petition : Provided however, and this resolution
is upon this condition, that Samuel Thompson, of said
Topsham, Esqr; who acts for the said petitioners, shall
pay the said Committee and such agent as may be
appointed on the part of the said Town of Bowdoinham,
a reasonable compensation for their service, and expendi-
tures respectively, while engaged in the business aforesaid.

November 22, 1787.

Chapter 128.

RESOLVE DIRECTING THE SHERIFFS OF THE SEVERAL COUNTIES njia,n IQg
TO RELEASE FROM CONFINEMENT, ALL COLLECTORS OF Kj,iUjP'L^(D
TAXES, PREVIOUS TO TAX No. 4, AND EXECUTIONS ISSUED
TO BE RETURNABLE ON THE 15th OF JANUARY NEXT, PRO-
VIDED.

Resolved, That the Sheriffs of the several Counties
within this Commonwealth, be, & they hereby are directed
to release from confinement, all such Collectors of Taxes,
previous to Tax No. 4, as may be committed to prison,
And the Executions issued against such Collectors, and

* Taken from court record.

810 1787. — October Session.

all other Collectors of the said Taxes, are hereby revived
and made returnable on the fifteenth day of January next.
Provided always, that no Sheriff shall be obliged to
release any Collector of the said Taxes, who may be com-
mitted as aforesaid, unless the Treasurer of the Town to
which such Collector may belong, shall by direction of
the Town, recognize before some Justice of the peace, for
the payment of such sum or sums of money, as may be
due upon the Executions against such Collector, to the
Sheriff, on the said fifteenth day of January, Which
recognizances and processes thereon, shall be agreeably to
a Law, passed the 19th day of October 1782, Entitled
" an Act providing a speedy method of recovering debts,
& for preventing unnecessary costs attending the same,"
any law or Resolve, to the contrary notwithstanding.

November 22, 1787.

Chapter 129.

ChaV.129 RESOLVE 0N THE PETITION OF THE SELECTMEN OF THE TOWN
P' OF KITTERT, AUTHORIZING THE SELECTMEN OF READING,

TO REMOVE TIMOTHY BROWN, TO THE ALMS HOUSE, IN
BOSTON.

On the petition of the Selectmen of the Town of Kittery,
praying that one Timothy Brown, a poor person now in
the town of Reading, but adjudged to be the charge of
the said town of Kittery, might be received into the Alms
house at Boston, as one of the State Poor, and that cer-
tain expences already arisen to the said Kittery, may be
refunded by the State.

Resolved, that the prayer of the said petition be granted,
& that the Selectmen of said Beading, be, & they hereby
are authorized to remove the said Timothy Brown, to the
said Alms house, there to be maintained as one of the
State poor.

And it is further Resolved, that the expences aforesaid,
be allowed to the said Town, as the Committee on
accounts shall judge proper. November 22, 1787.

CAap.130

Chapter 130.

RESOLVE ON THE PETITION OF PAUL RICHARDSON.

On the Petition of Raid Richardson, praying (for
reasons set forth in his Petition) that a certain judgment

1787. — October Session. 811

recovered against him on the 151!1 day of November
instant, by one Ebenezer Perry, before Samuel Barrett,
Esquire a Justice of the peace, within & for the County
of Suffolk, for the sum of £64. 5.10, be reversed, & the
said Richardson permitted to dispute the Plaintiff's
demand, according to law :

Resolved, that the same judgment be, and it is hereby
made null and void, provided the said Richardson &
others, shall at any time within six days from the passing
this Resolve, appear before the said justice (as they are
hereby fully authorized & empowered to do) and shall
dispute the Plaintiff's demand; and provided also, that
he the said Richardson & others, shall pay all legal Costs
that have hitherto accrued to the Plaintiff, in the prosecu-
tion of his suit, and shall notify the said Plaintiff of the
time when they shall appear before the said Justice as
aforesaid, by leaving at his dwelling-house, three days at
least before such appearance, an attested Copy of the
said Petition, and this resolve thereon.

And it is further Resolved, that upon the said Defend-
ants appearing and disputing the same demand as afore-
said, the action shall be in the same state, and the same
proceedings shall be had thereon, as though the said judg-
ment had never been rendered ; provided the said Rich-
ardson, give bond with sufficient sureties, to the said Jus-
tice, that he will answer & abide by the final determina-
tion of the Court. November 22, 1787.

Chapter 131.

RESOLVE ON THE PETITION OF AMOS POTTER, TO NOTIFY THE
ADVERSE PARTY TO SHEW CAUSE, &c.

On the Petition of Amos Potter, praying for a Rehear-
ing in the Action of Joseph Spear, against the said Potter,
who was defaulted :

Resolved, For reasons set forth in the said Petition,
that Amos Potter, notify Pool Spear Executor to the said
Joseph Sp)ear, who is deceased, by serving him with an
attested Copy of his Petition, & this Resolve thereon,
fourteen Days at least before the second Wednesday of
the next Session of the General Court, to shew cause
if any he hath, why the Prayer of the said petition
should not be granted, & that execution be stayed in the
mean time. November 22, 1787.

Chap.lSl

812 1787. — October Session.

Chapter 132.

Chan 132 RES0LVE 0N THE petition of isaac sprake, authorizing

^ * THE JUDGE OF PROBATE TO RECALL HIS DECREE, AND TO

RECTIFY THE MISTAKE.

On the petition of Isaac Sprake :

Resolved, that the Judge of Probate for the County of
Middlesex, be, and he is hereby authorized to recall his
Decree for the Disposition of the Estate of Samuel
Sparke,* of Billerica, late Deceased, and amend any
error made in the same. November 22, 1787.

Chapter 133.

ChaV 133 RESOLVE ON THE PETITION OF LEMUEL BLANCHARD, DIRECT-
* ING HIM TO NOTIFY THE ADVERSE PARTY TO SHEW CAUSE,

&c.

On the petition of Lemuel Blanchard :
Resolved, that the prayer of his petition be so far
granted, as that he be, & hereby is directed, to Notify the
adverse party, by serving him with an attested copy of
his petition & this Order thereon, twenty days at least
before the second Wednesday of the next setting of the
Geni Court, to shew cause (if any he has) why the prayer
of said petition should not be granted, & that execution
in the mean time be stayed. November 22, 1787.

Chapter 134.

Char> 134 RES0LVE 0N THE edition of the selectmen of the town

"' OF PETERSHAM, FOR STAYING CERTAIN WARRANTS.

On the Petition of the Selectmen of the Town of
Petersham, praying that certain Warrants of distress
now in the hands of the Sheriff of Worcester county,
against the said Town, for Taxes of the Year Seventeen
hundred & eighty one, may be Stayed :

Resolved, that for reasons set forth in the said Petition,
the prayer thereof be granted, and that the said warrants
be stayed until the First day of June next.

November 22, 1787.

* This name intended for Sprake. See petition of Isaac Sprake.

1787. — October Session. 813

Chapter 135.

RESOLVE ON THE PETITION OF THE TOWN OF EASTHAM, DI- (Jhai) 135
RECTING THE TREASURER TO STAY ISSUING EXECUTION ON "'

TAX No. 4 AND 5, UNTIL.

On the petition of the Town of Eastham, setting forth
their inability to pay the whole of the Taxes now due
from them, and praying for relief:

Resolved, That there be abated to the Town of East-
ham, the sum of Fifty pounds; and the Treasurer of this
Commonwealth, is hereby directed to Credit the said
Town in the Tax granted Octo? 1781, & Tax No. 1, the
sum beforementioned.

And it is further Resolved, that the Treasurer aforesaid,
be, and he is hereby directed, to stay issuing Execution
against the said Town, on Tax No. 4 and 5, untill after
the next setting of the General Court.

November 22 , 1787.

Chap.im

Chapter 136.*

RESOLVE ON THE PETITION OF PETER BALL, OF WALTHAM,
TO NOTIFY THE ADVERSE PARTY TO SHEW CAUSE.

On the petition of Peter Ball, of Waltham, in the
County of Middlesex, gentleman, praying for a rehearing
of a judgment rendered against him at the Court of Com-
mon Fleas held at Boston, on the first Tuesday of October,
Anno Domino 1787, at the suit of Mary Whitivell, of
Roxbury, in the County of Suffolk, widow :

Resolved, that the petitioner notify the said Mary Wliit-
well, by serving her with an attested copy of his petition,
and this order thereon, fourteen days at least before the
second Wednesday of the next session of the General
Court, that she may then shew cause, if any she has, why
the prayer of his said petition should not be granted, and
that execution be stayed in the mean time.

November 22, 1787.

Chapter 137.

RESOLVE ALLOWING FRANCIS BURNAM, ONE OF THE COL- ni ■* orr

LECTORS IN GEORGETOWN, IN LINCOLN COUNTY, THREE ^fiap.Loi
MONTHS, TO SETTLE AND ADJUST HIS ACCOUNTS, AND DI-
RECTING THE TREASURER TO ISSUE HIS WARRANT TO THE
ASSESSORS, TO ASSESS A SUM OF MONEY MENTIONED.

Whereas Francis Burnam, one of the Collectors of
Georgetown, in the County of Lincoln, hath supplicated

* Taken from court record.

814 1787. — October Session.

this Court, to grant him relief against sundry executions
that have issued against him from the Treasurer's Office
of this Commonwealth, one of which is for £53.3.4, on
Tax No. 1 ; another upon tax No. 2, for £130.10.2, and
another execution upon tax No. 3, for £301.1.2. And
whereas it appears, that the said Collector has probably
paid all the moneys justly due from him upon any or all
of the said Taxes, excepting the sum of £70.10.2; and
it appearing also, that the said Executions have issued
consequent upon some mistakes in the Treasurer's Books,
particularly for the said sum of £301.1.2, which was
never committed to the said Collector : Therefore

Resolved, That the said Collector be, and he is hereby
allowed Three Months from the date of this Resolve, to
settle and adjust his Accounts with the Treasurer, and to
pay up the ballance that is justly due from him, and the
Treasurer of the said Commonwealth is hereby directed
to govern himself accordingly.

And it is further Resolved, that the Treasurer of this
Commonwealth, be, and he is hereby directed, to issue his
Warrant to the Assessors of the said Town, requiring
them to assess upon the Polls and Estates of the Inhab-
itants of the said Town, the sum of £361.1.2, according
to law, as it appears by the said Treasurer's Books, that
the said Sum is due from the said Town upon tax No. 3,
and has never been assessed by them.

November 22, 1787.

Chap.138

Chapter 138.

RESOLVE ON THE PETITION OF EPHRAIM PATCH.

On the Petition of Ephraim Patch, Praying that he
maybe Allowed the wages due to his Son, Samuel Patch,
deceased, for Services performed in the late American
Army :

Resolved, That there be allowed and paid out of the pub-
lic treasury of this Commonwealth, to the said Ephraim
Patch, the wages due for the services of his Son Samuel
Patch, Deceased, in the late American Army, in the Same
manner as he would have done had not Said wages here-
tofore been paid to William Tucker, on a forged Order.

November 23, 1787.

1787. — October Session. 815

Chapter 139.

RESOLVE ON THE PETITION OF JOSEPH HENDERSON, ESQ; ^/y^lQQ
TO NOTIFY THE ADVERSE PARTY TO SHEW CAUSE, &c. vHU<]J.±DJ

On the Memorial of Joseph Henderson, Esquire Sheriff
of the County of Suffolk, representing that a certain Mr.
Burroughs and Mr. Martin, have recovered Judgment
against him for Three hundred & three pounds, when he
was confined to his bed by sickness, and praying for a new
Trial, and that Execution may be stayed, for reasons
mentioned :

Resolved, that the said Joseph Henderson, Esqr. be,
and hereby is directed to notify the said Burroughs and
Martin, to appear on the second Wednesday of the next
sitting of the General Court if they think fit, and shew
cause (if any they have) why the prayer of the said
Memorial should not be granted, by serving- them, or
their Attorney, with an attested Copy of his said Memorial
with this Resolve thereon, fourteen days at the least
previous to the said second Wednesday, and that Execu-
tion be, and hereby is stayed in the mean time.

November 23, 1 787.

Chapter 140.

ORDER OF THE HOUSE, THAT THE INHABITANTS OF NOR-
RIDGEWALK, CANAAN, FAIRFIELD AND NYE'S PLANTATION,
IN THE COUNTY OF LINCOLN, TO APPEAR AND SHEW
CAUSE ON THE SECOND WEDNESDAY OF THE NEXT SET-
TING OF THE GENERAL COURT, WHY THE INCORPORATION
OF SAID TOWNS SHOULD NOT TAKE PLACE.

Ordered, That the Inhabitants of JSTorridgewalk, Ca-
naan, Fairfield and Nye's Plantation in the County of
Lincoln, appear & shew cause (if any they have) on the
second Wednesday of the next sitting of the Gen! Court,
why the Incorporation of the Towns by the name of JSfor-
ridgewalk, Canaan & Fairfield, should not take place,
agreeably to a Report of a Committee of both Houses the
present Session of the General Court ; and that the Secre-
tary be, & he hereby is directed to notify the said Inhabit-
ants, by serving the Clerk of each of the said Plantations
with a Copy of this Order and of the Report aforesaid.

November 23, 1787.

Chap.UO

816 1787. — October Session.

Chapter 141.

(7^a».141 RES0LVE 0N THE PETITION OF BENJAMIN WHITE, REFERRING
^" THE CONSIDERATION OF HIS SAID PETITION TO THE THIRD

WEDNESDAY OF THE NEXT SITTING OF THE GENERAL
COURT.

On the petition of Benjamin White, a Collector of
Taxes for the Town of Hollow ell, for the year 1773, for
reasons set forth in his said petition :

Resolved, that the further Consideration of his Said
petition be refered to the third Wednesday of the next
Session of the general Court, and that the Execution
issued by the State Treasurer against the Said Benjamin
White, for taxes Committed to him to Colect the same
year, be and hereby is Stayed in the mean time.

November 23, 1787.

Chapter 142.

Char) 142 resolve on the memorial of Belinda, an African,

\y iujj. * GRANT TO.

On the Memorial of Belinda, an African woman :
Resolved, That there be allowed & paid out of the
Treasury of this Commonwealth, to Belijida, formerly a
Servant to the late Isaac Royal, Esquire, an absentee,
fifteen pounds twelve shillings, being one year's allowance,
agreeably to a Resolve passed Febv 19 ft, 1783.

November 23, 1787.

• *

Chapter 143.

Char) 143 RES0LVE 0N THE petition of micah stone, executor to

P* BEULAH M1NOT, DECEASED, AUTHORIZING HIM TO SELL

THE LANDS MENTIONED.

On the petition of Micah Stone, Executor of the Last
will and testament of Beulah Minot, deceased, praying for
authority to make sale of certain lands left by the said
Minot, and Lands received for Debts since her Death, as
set forth in the said petition :

Resolved, that the prayer of the said petition be granted,
and that the said executor for reasons set forth in his
petition be, and he hereby is authorized to dispose of the
said lands at private sale, provided the Judge of probate
of the County where the said lands are, shall give leave

1787. — October Session. 817

therefor, otherwise at public sale, notice of which to be
given as is prescribed in and by an Act entitled an Act
directing the settlement of the Estates of persons deceased,
and for the conveyance of real Estate, he the said Execu-
tor first giving bonds with sufficient sureties to the satis-
faction of the said Judge of probate, to account for the
proceeds of the sale thereof according to Law.

November 23, 1787.

Chapter 144.

EDIAH HURD, EMPOWER- CkaV.1^4:
SALE OF ABSENTEES ES- ^'

RESOLVE ON THE PETITION OF JEDEDIAi
ING THE COMMITTEE FOR THE SALE
TATES IN THE COUNTY OF BERKSHIRE, TO EXECUTE A
GOOD DEED OF THE LANDS MENTIONED.

On the petition of Jedediah Hurd, praying that he may
Receive a Deed of a certain tract of land, lying in the
Town of Adams, formerly the property of Elisha Jones,
An Absentee, And now the property of this Common-
wealth, by Confiscation.

Whereas it Appears to this Court, that Elisha Jones,
late of Pittsfield, in the County of Berkshire, An Absentee,
Did prior to his leaving the then province of the Massa-
chusetts Bay, give a bond to Jedediah Hurd, then of
Adams, in the same county, promising him a Deed of
Settling lott number twenty four. And five Acres the east
end of lott number twenty Six, in said Town of Adams,
on certain Conditions, which it appears the Said Hurd on
his part Did fulfill : Therefore

Resolved, that the Committee for the Sale of absentees
estates, in the County of Berkshire, Be, and hereby Are
empowered and Directed in behalf of this Commonwealth,
to execute a quit claim to the Said Hurd, of the Said
lands, As Described in the bond Aforesaid.

November 23, 1787.

Chapter 145.

RESOLVE ON THE PETITION OF SAMUEL THOMPSON AND QhaV 145
JOHN MERRELL, DISCHARGING THEM OF AN EXECUTION. ^'

On the Petition of Samuel Thompson and John Merrill,
Esqrs ; praying that an Execution issued against them,
from the Supreme Judicial Court, holden at Falmouth,
within the County of Cumberland, for the said county of

818 1787. — October Session.

Cumberland, and the county of Lincoln, in favor of this
Commonwealth, be made void, for reasons therein men-
tioned.

Resolved, that the prayer of the said Petition be granted,
and that the said Thompson and Merril, be and that they
hereby are discharged from the said Execution, they pay-
ing costs, and that the Sheriff of the said county of Lin-
coln, and each of his deputies, as well as all other Sheriffs
& their deputies, into whose hands the said Execution
may come, govern their conduct with regard thereto
accordingly. November 23, 1787.

Chap

Chapter 146.

-\AQ RESOLVE ON THE PETITION OF WILLIAM GREEN LEAF, ESQ;
AND JOHN KING, TO NOTIFY THE ADVERSE PARTY TO
SHEW CAUSE, &c.

On the petition of William Greenleaf, Esqr ; Sheriff
of the County of Worcester, & John King, his Deputy,
praying a new trial upon an action brought against the
said William Greenleaf, by James Priest of Waltham.

Resolved, That the Petitioners notify the said James
Priest, to appear on the second Wednesday of the next
sitting of the General Court, to Shew Cause if any he has,
why the prayer of the said Petition, should not be granted,
by lodging with the said James, an attested Copy of their
Petition, and this Resolve thereon, at least thirty days
previous to the same second Wednesday ; and that all pro-
ceedings by virtue of any execution, issued on the Judg-
ment mentioned in the said Petition, be in the mean time
stayed.

And whereas another Resolve passed the 29*2} of October
last, for purposes similar to those mentioned in this
Resolve, and upon the foregoing petition, but contained a
mistake of names.

It is therefore further Resolved, that the said Resolve
of October the 29-, be, & hereby is repealed.

November 23, 1787.

Chapter 147.

|47 RESOLVE ON THE PETITION OF BARTHOLOMEW BE GREGOIRE
AND HIS WIFE, APPOINTING SAMUEL THOMPSON, ESQ; TO
JOIN WITH THE PETITIONERS IN OPENING AND ESTAB-
LISHING THE LINES BETWEEN THE LANDS MENTIONED.

On the petition of Bartholomew de Gregoire & Mary
Theresa de Gregoire his wife, praying that this Court,

1787. — October Session. 819

would appoint some person or persons to join with them,
in opening and establishing the Lines between the lands
granted to them by this Court, and the lands belonging
to this Commonwealth.

Resolved, that Samuel Thompson, Esqr ; be appointed
to join with the petitioners, in opening and establishing
the lines between the Lands beforementioned, he the said
Gregoire, being at the whole expence which may arise
thereby. November 23, 1787.

Chapter 148.

RESOLVE ON THE PETITION OF LEVI THAYER, TO NOTIFY
THE ADVERSE PARTY TO SHEW CAUSE, &c.

On the Petition of Levi Thayer, praying that a judg-
ment recovered against him, at the Court of Common
Pleas, held at Worcester, in & for the County of Worces-
ter, on the second Tuesday of June 1786, by Timothy
Rawson, may be set aside, for Reasons mentioned in his
petition. #

Resolved, that said Levi Thayer, notify the said Tim-
othy Rawson, by leaving an attested copy of his petition,
& this order thereon, fourteen days before the second
Wednesday of the Next Session of the General Court, at
his last & usual place of abode, to shew cause on said day,
why the prayer thereof, should not be granted, and that
Execution be stayed in the mean time.

November 23, 1787.

Chapter 149.

RESOLVE ON THE PETITION OF JOHN FREELAND AND OTHERS,
DIRECTING THE TREASURER TO PAY TO THE TRUSTEES
OF HARVARD-COLLEGE, THE MONIES DUE TO THEM.

On the petition of John Freeland, Isaac Burnap and
Samuel Haven, praying that they may be permitted to
discharge the execution issued against them, by the
Treasurer of this Commonwealth, for No. three & No.
four Taxes,. in orders & Certificates, as other Collectors
are permitted to do :

Resolved, for Reasons set forth in the said petition, that
the prayer thereof be granted, and that the Treasurer of
this Commonwealth, be, and is hereby directed to receive
of the aforesaid Collectors, orders and Certificates in full
discharge of the executions aforesaid.

Chap.U8

Chap.U9

820 1787. — October Session.

And be it further resolved, that upon the receipt of
the orders & Certificates as aforesaid, the treasurer be
directed to recall his s^ Execution.

And it is further Resolved, that the Treasurer of the
said Commonwealth, be, and is hereby directed to pay to
the Trustees of Harvard College, the moneys due to them
in consequence of the aforesaid Executions, in the same
way and manner as he is directed by a Resolution passed
november the 14, 1787, any Law or Resolve to the Contrary
notwithstanding. November 23, 1787.

Chapter 150.

Char> 150 RES0LVE directing the treasurer to pay all accounts

"' THAT HAVE BEEN ALLOWED BY THE COMMITTEE ON AC-

COUNTS, FOR SERVICES IN SUPPRESSING THE INSURREC-
TION, OUT OF THE £.3000, APPROPRIATED IN THE RESOLVE
OF THE 17th INSTANT, TO THE PAY OF THE TROOPS AND
TO THE EXPENCES OF THE Q. M. GENERAL, AND THE COM-
MISSARY GENERAL'S DEPARTMENTS.

Resolved, That tne Treasurer be, and he hereby is re-
quired and directed to pay All Accounts that either have
been or shall be allowed by the Committee on Accounts
for Services in suppressing the late Insurrection, Out of
the Three thousand pounds appropriated in the Resolve
of the 17th Instant to the Pay of the Troops and to the
Expences of the Q. Master and Commissary General's
Departments, in like manner as if the said Accounts
allowed as aforesaid, had been allowed by either the said
Q. M. General or the said Commissary General.

November 23, 1787.

Chapter 151.

fYi -i^i RESOLVE ON THE PETITION OF REBECCA RICHARDSON, AD-

^najJ.lOL MINISTRATRIX ON THE ESTATE OF HER LATE HUSBAND,

EMPOWERING HER TO EXECUTE A GOOD DEED OF THE

LAND.

On the Petition of Rebecca Richardson, Praying that
She may be impowered to Give a Deed of a small Peace
of Land, for Reasons mentioned in the Said Petition :

Resolved, that Rebecca Richardson, in her Capacity as
Administratrix on the Estate of her late husband, Benja-
min Richardson, be, and She is hereby impowered to
Make and execute a Good & Sufficient Deed of three
Acres of Marsh Lying in the Town of Maiden, mentioned
in her Petition, She observing the Law respecting Exec-
utors & Administrators. November 23, 1787.

1787. — October Session. 821

Chapter 152.

RESOLVE ON THE PETITION OF TIMOTHY NEWELL, DIRECT- C%a».152
ING THE TREASURER TO GIVE A NOTE FOR THE SUM MEN- *'

TIONED.

On the petition of Timothy Newell:

Resolved, That the Treasurer of this Commonwealth be,
and he hereby is directed to give to the said Timotliy
Newell, a Note for one hundred & six dollars, being the
amount of monies advanced for purchasing Ammunition
& Stores for the use of this Commonwealth, & that
the said Note be discharged in like manner with those
given to persons who loaned monies for the purpose of
suppressing the late Rebellion. November 23, 1787.

Chapter 153.*

RESOLVE ON THE PETITION OF JOEL RICE. CkaV.153

On the petition of Joel Rice:

Resolved, that the execution that has issued from the
State Treasury against him as a delinquent Collector,
shall be received and continued in full force until the
fourth Wednesday in February next ; and the Sheriff of
the County of Middlesex, is hereby directed to govern
himself accordingly. November 23, 1787.

Chapter 154.

RESOLVE ON THE PETITION OF COL. HENRY JACKSON,
DIRECTING THE TREASURER TO PAY THE WARRANTS
POINTED OUT IN SAID RESOLVE.

Upon the Petition of Henry Jackson, late Lieutenant
Colonel commandant of the Federal Troops raised in this
State :

Whereas Government have engaged that no money shall
be paid from, nor orders issued on that part of the specie
tax No. 5, appropriated for the use of the united States,
until the money borrowed for the use of Government be
repaid, whereby the Treasurer conceives himself restricted
from paying Warrants issued from the Board of Treasury
of the United States, for the purpose of paying the said
Jackson, until the money borrowed as aforesaid, be
repaid : Therefore

* Taken from court record.

Chap.154:

822 1787. — October Session.

Resolved, that the Treasurer of this Commonwealth be,
and he hereby is directed to pay the said Jackson, the
Warrants from the Treasury of the United States as afore-
said, from the first monies he shall receive from the Specie
part of Tax No. 5, not already appropriated.

November 23, 1787.

Chapter 155.

Chat) 155 RES0LVE DIRECTING THE TREASURER TO RECEIVE FROM THE
^' TREASURER OF FALMOUTH AND PORTLAND, THE ARMY

NOTES AND CERTIFICATES PAYABLE IN TAX No. 4, ALSO
THE ARMY NOTES, &c. COLLECTED BY WILLIAM PORTI-
FIELD, JUN. DECEASED, AND STAYING EXECUTIONS IN THE
MEAN .TIME.

Resolved, that the Treasurer of this Commonwealth be,
and he is hereby directed to receive from the Treasurer of
Falmouth & Portland, the army Notes & Certificates
payable in Tax No. 4, the sum of Seven Hundred &, thirty
three Pounds nine shillings & four pence, in full for their
part of the Tax Granted in 1784, also the army notes,
Certificates & Indents collected by William Portifield,
Junr. deceased, in part for Tax No. 5, any law or resolve
to the Contrary notwithstanding.

And it is further resolved, that execution be stayed for
that part of the Tax No. 5, that remains uncollected,
which was committed to the said Portifield to Collect,
three months from the time limitted by law for issuing
Executions. November 23, 1787.

Chapter 156.

Chnv\ 1 ^ft ROLL No. 10, ALLOWED BY THE COMMITTEE ON ACCOUNTS, AND
KsUUJJ.lOV RESOLVE THEREON.

The Committee on accounts having examined the Ac-
counts they now present, report that there is due to ye
Towns & Persons hereafter mentioned, the Sums set
against their Names, which if allowed will be in full
discharge of the said Accounts.

Joseph Hosmer, per order.

To Zebediah F. Cooke, for keeping Salmon Phillips, a
wounded Soldier, from Febv 11, 1787, to Sept. 17th,
deducting y? Articles mentioned in je. account of
Credit, £.12 0 0

To Samuel Laha, keeper of hospital Island, for his
Salary & Wood, toy1' Janv 25th, 1787, being four years,
Agreable to Agreement with y1' Selectmen of Boston, 90 6 8

1787. — October Session. 823

To Oliver Prescol, Esqr. for three several Expresses in
Nov- & January last, & in ye time of ye late Insur-
rection, £.3 0 0

To the Honble. Caleb Strong, for his Service & Ex-
pences in OcV. 1784, in viewing the dividing Line
between this State & New York, deducting £10. 1.9
rec-', .......... 333

To ye Town of Salem, on account of advances for two
of the State's Poor, McHamara & Barnes, from April
1787 to Novr- 6th, . . 12 18 6

To ye Estate of Thomas Ivers, late Treasurer, for Wood
purchased of /. Hatch, in January & Feby. last, &
paid by y- Executor, for j- use of Office, . . . 3 3 0

To Joseph Barrett, for supporting & burying Mary
Wooclwell, one of y- Poor of Charlestown, to y- 4th of
Sept, 1786, deducting Articles of apparel that were
apprized, 408

To Stephen Parker, for supplies to Col. John Allen,
Superintendant in 1779, & onwards to 1780, being y2
Ballanee of an Account, 49 9 6|

To Oliver Phelps, Esqr. as Agent to Joseph Woodruff,
& Timothy Spelman, for Services they performed in
Jan* last, in apprehending Persons unfriendly to
Government, 2 8 0

Also to Israel Parsons, for y- same kind of Services &

in y2 same Account, . 2 0 0

To Amasa Glapp, for extra Expences in y- month of
Feb" last in supporting Men, in compliance of Orders
from military authority, who were specially called, 3 7 6

To Doct1 Abijah Cheever, for his care & medicines as
Physician to y2 Poor of y- Commonwealth, in y- Alms
House, from y2 loth of May 1786 to y2 15th of May 1787, 50 0 0

To James Kettle, for boarding Sarah Call, in 1786,
allowed and ordered to be paid, but not applied for,
& C< rtificate returned, 5 2 0

To Do t: Edward Bean, for his Medicines & attendance,
on account of Benjn. Eddy & family, poor of y- State,
from SepP 5, 1785, to May 18, 1787, . . . . 7 16 8

To David Gardner, for supplies to y2 Indians, in 1779

and 1780, 18 4 8

To William Moore, for Coffins for y2 Poor of y2 Common-
wealth, certified by y- Selectmen of Boston, to Sept-
28, 1787, 3 18 0

To ElizQ Osborne, one of v2 Poor of Charlestown, for
her Board, from June 21, 1787, to Nov? 13, . . 9 9 0

To Elizth Leman, another of y2 Poor of Charlestown, for
her Board, from June 21, 1787, to Nov1: 13, . . 6 6 0

To Joseph Sweelser, for Board, from y2 3d of March 1787,

to y2 10th of Nov^, another of y? Poor of Charlestown, 14 8 0

To Phineas Upham, for Boarding Lydia & Philadelphia
Breed, y- Poor of Charlestown, from Feby 25, 1787, to
iVo^lst, . . 21 8 0

To an allowance made to y2 Widow Joanna Manning,
one of y2 above mentioned Poor, from Oct7! 25, 1786,
to Aug{ 25, 1787, 7 . . 11 4 0

To y2 town of Littleton, as an allowance on account of
Elizth Phipjjs, a Charlestown Pauper, from ye 1st of Octr
1785, to October 1st, 1787, ." 5 4 0

824 1787. — October Session-.

To Lydia Boylstone, for Board from y- 3d of March,
1787, to y? 10th Nov ; also one of y- Poor of Charles-
town, . . £.14 8 0

To Jacob Newell, Innholder, for entertaining y- Seamen
and Soldiers, that returned from Penobscot, in 1779,
having produced sufficient vouchers, . . . . 42 10 0

Doct[ BartleWs Bills, from Dec? 26th 1786, to Jan?= 18th
1787, for Medicines and Attendance on account of
several of the Poor of (Jharlestown, . . . . 20 7 4

Doct^ Sheldon's Bill for Medicines & Attendance in
April last, on account of Captn. RusselVs Company,
in y- service of Government, . . . . . 18 0

Docfi Thomas Welsh, for Attendance & Medicines from
Novr= 1st, 1786, to March 11th, 1787, on account of
Gharlestown Poor, 16 0 6

To Thomas B. Wait, Printer, for Printing & Publishing
by Order of Government, from 16th of March, 1787,
toy-e2dof^w^, 26 9 0

To Wilson Chamber lame's Board, allowed to y- Select-
men of Eolliston, one of the Poor of Charleslow?i,
from ys 1st of Feb* , 1787, 39 weeks, . . . . 12 13 6

To the town of Billerica, for boarding Eli.z^ Lampson,
another of the Charlestown Poor, from j- 20th of
April, 1787, to y-B 20th of October, . . . 7 16 0

To Joseph Otis, Goaler, for Boarding, Wood, Beds, his
own Fees, &c. on account of the State Prisoners, y-
last Winter & Spring, a large sum being deducted
by y- Committee as overcharges, . . . . 61 7 2

To Edmund Bridge, Esqr. for his Services as Sheriff in
y? County of Lincoln, in July last, deducting what he
received, . 8 13 10

To HonbIe Cotton Tufts, Esqr. & John Carnes, Esqr. a
Committee appointed to sit in y- recess in May, 1787,
To Mr. Tufts, £2. 1.3 & Mr. Carnes, 26/3 Their
Business to j^repare a Statement of College Funds
and other matters, 3 7 6

To Thomas & John Fleet, for printing for y? Treasury
Office, from March 2d 1787, to July 7th, certified by
j- Treasurer, 72 1 5

To James Swan, Esqr. for his services as Deputy
Adjutant General in y- first Division of y- Militia, in
vs County of Suffolk, from Novr 28th, 1786, to 21st
Novl , 1787, 24 0 0

£.649 19 81

Read and accepted, and thereupon

Resolved, that his Excellency the Governor, with the
advice of Council be, & hereby is requested to issue his
Warrant on the Treasury for the payment of the several
persons borne on this Roll the sums set against their
names respectively, amounting in the whole to six hun-
dred and forty nine pounds nineteen shillings and eight
pence half penny. November 23, 1787.

RESOLVES

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS:

TOGETHER WITH THE SPEECH AND MESSAGES OF HIS EX-
CELLENCY THE GOVERNOR TO THE SAID COURT :

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF-
FOLK, ON WEDNESDAY THE 30th DAY OF MAY, ANNO
DOMINI, 1787; AND FROM THENCE CONTINUED BY AD-
JOURNMENT, TO WEDNESDAY, THE TWENTY-SEVENTH
DAY OF FEBBUABY FOLLOWING.

1787. — February Session.
Chapter 1.

RESOLVE ON THE PETITION OF ELIAS HASKET DERBY, PER- n},nfn 1
HITTING HIM TO TAKE CERTAIN GOODS OUT OF THE BARK, Ky'iaP'
LIGHT HORSE, AND PUT THEM ON BOARD ANY OTHER VES-
SEL, &c.

Upon the petition of Elias Hasket Derby, of Salem in
the County of Essex, praying for Licence to take out of
the Bark, Light Horse, a Quantity of Goods imported in
Her by him, and which he intended to export in Her to
foreign parts.

Resolved, that the prayer of the said Petition, for Rea-
sons therein set forth, be granted, and Licence is hereby
granted to the said Derby to take all such goods & Mer-
chandize which were imported in the said Bark, and were
reported to the Naval Officer of the Port of Salem by the
said Derby for exportation, and are now on Board her,
out of the said Bark, & reship them on Board any other
Vessel of the said Derby's, & to export them in the said

826 1787. — February Session.

other Vessel, without being subject to pay any Impost or
duty thereon, in as full and free a manner from Duties, as
he might have done, had the same been exported in the
said Bark, without taking them out of Her; (subject to
the inspection of said Naval-Officer) any Law, Usuage
or Custom, to the contrary notwithstanding.

■ February 29,1788.

Chapter 2.

CTiaV 2 RES0LVE 0N THE PETITION OF ELIPHALET PHELPS, PERMIT-
"' TING HIM TO PAY A FINE OF TEN POUNDS IN NOTES.

On petition of Eliphalet Phelps, setting forth, that at
the Supreme Judicial Court, holden at Northampton in
and for the County of Hampshire, in the Month of April
1783, he had been fined in the sum of Ten pounds, ex-
clusive of Costs, and praying for leave to pay the said
Fine of Ten pounds, in Consolidated Notes.

Resolved, for reasons set forth in the said Petition, that
the Prayer of the Same, be, and hereby is granted, and
that the said Phelps, have leave to pay the said fine of
Ten pounds in any of the Consolidated Notes of this
State. March 4, 1788.

Chapter 3.

Char) 3 RES0LVE 0N THE PETITION OF BENJAMIN RICHARDSON, IN
"' BEHALF OF THE TOWN OF STERLING, EMPOWERING THEM

TO CHUSE A COLLECTOR.

On the petition of Benjamin Richardson, in behalf of
the Town of Sterling, praying to be empowered to Chuse
a Colector in the Rome of Silas Fairbank, one of the
Constables for the Town of Sterling, for the year 1782,
as Set forth in the Said petition.

Resolved, that the prayer of 'the said petition be granted,
& that the Town of Sterling, be, and heareby are Author-
ized & Empowered, to Chuse a Colector in the Rome of
Silas Fairbank, who was Constable for the said Town
of Sterling, in y? year 1782, & the Assessors of the Said
Town of Sterling, for the time being, are heareby Author-
ized & directed, to Commit unto the Collector So Chosen,
the Rate bills Received of the aforesaid Silas Fairbank,
& issue their Warrants to Enforce the Collection of all
Taxes due on the Said bills. March 3, 1788.

1787. — February Session. 827

Chapter 4.

ADDRESS TO HIS EXCELLENCY THE GOVERNOR, FOR REMOV- QhnV A.
1NG LT. COL. FARRINGTON. * '

May it please your Excellency,

It appearing to the General Court, from the memorial
of the hon— . Benjamin Lincoln, Esqr. Major General of
the first division of the Militia of this Commonwealth,
that Joshua Farrington, Esqr; Lieutenant Colonel of the
Regiment in Boston, has absented himself from his duty,
& from the Commonwealth, & that there is no probability
that he will soon return, and the two houses being of
opinion that the publick service requires that the said
Joshua Farrington, should be removed from the Office
aforesaid, in order that some other person may be ap-
pointed thereto, are induced in this constitutional manner,
to address your Excellency upon the subject, & request
that such order may be taken for the removal of the said
Joshua Farrington, from his said Office, as your Ex-
cellency may judge proper.

Eead & ordered, That Benp Austin, Jr. Esqr ; Mr.
Breck, and Mr. Denny, be a Committee to wait upon his
Excellency with the foregoing address. March 3, 1788.

Chapter 5.

RESOLVE ON THE PETITION OF PAUL RAYMOND, DIRECTING
THE TREASURER TO RENEW THE NOTE MENTIONED.

On the petition of Paul Raymond, setting forth that
he was possessed of a Consolidated State note, of eighteen
pounds five shillings and six pence, No. 17071, which
note was said to be lost on the first day of December,
1783.

Resolved, That the Treasurer of this Commonwealth,
be, and he is hereby directed to renew the said note, for
the Sum of Eighteen pounds five shillings and six pence,
to the said Paid Raymond, he first giving good and sufi-
cient bond to the Treasurer, to indemnify the Common-
wealth, against the demands of all persons, by Virtue of
the note said to be lost. March 3, 1788.

Chap. 5

828 1787. — February Session.

Chapter 6.

ChaV 6 RESOLVE ON THE PETITION OF ESTHER FREEBORN, INDIAN
•* ' WOMAN.

On the petition of Esther Freeborn, an Indian Woman,
praying that the trustees for the Grafton Indians, may be
directed to pay to her the principal of her right of dower.

Resolved, That the Prayer of the said petition, for rea-
sons therein set forth, be granted, and that the Trustees
for the Grafton Indians, be, and they are hereby Author-
ized & directed, to pay to Esther Freeborn, such part of
the Principal of her Right of Dower, as in their Opinion
her exigencies may require. March 4, 1788.

Chapter 7.

Chan 7 RES0LVE 0N THE PETITION OF EDMUND BRIDGE, to NOTIFY
•^' THE ADVERSE PARTY TO SHEW CAUSE, &c.

On the Petition of Edmund Bridge, Esquire, praying
that a Judgment rendered against him, in favour of Sam-
uel Darbey, at a Justice's Court, holden before John
Herd Bartlet, Esq ; one of the Justices of the Peace, for
the County of York, at his dwelling-house in the said
County, on the thirtieth day of July last, past, may be
set aside, for reasons set forth in the said Petition.

Resolved, That the prayer of the said petition, be so
far granted, that the petitioner serve the said Samuel
Darbey, with an attested Copy of the said Petition and
of this Resolve, fourteen days at least before the second
thursday of the first sitting of the next General Court,
then to shew Cause (if any he has) why the prayer of the
said Petition, should not be granted, and that execution
be stayed in the mean time. March 4, 1788.

Chapter 8.
Char) 8 RES0LVE 0N THE petition of mart child, Jonathan

"' BRIANT, AND JAMES BARRET.

On the Petition of Mary Child, Jonathan Briant, and
James Barret.

Resolved, for Reasons set forth in the si Petition, that
Mary Child, Administratrix on the Estate of Thomas
Child, late of Portland in the County of Cumberland,

1787. — February Session. 829

Esqr. Deceased, be, and she is hereby impowered to make
and execute a good and Sufficient Deed to Jonathan
Briant & James Barret, of one Lot of Land Situated in
Portland, afors-, Bounded as follows, (viz.) Northwesterly
on new street, So called,. Northeasterly on Fiddle lane,
Southeasterly and Southwesterly on Lots belonging to
the estate of Isaac Winsloiv, Deceased, Agreeable to the
Engagement of the s^ Tho-, and for which he received the
pay, before the Time of his Decease. March 5, 17S8.

Chapter 9.

RESOLVE ON THE PETITION OF JOSEPH LOVERING, DIRECTING r>~knrt Q
THE TREASURER TO RECEIVE THE NOTES MENTIONED. ^UUJJ. V

On the petition of Joseph Lovering, setting forth, that
on the first day of December, 1781, he received from the
Treasurer a consolidated note, No. 2732, payable to him,
or bearer, for the sum of twenty one pounds fourteen
shillings & 2d ; And One Other Note of the same date,
No. 2734, payable to Rebecca Lovering, for the sum of
thirty jive pounds four shillings & 8d, which notes were
burnt in his house, in the late fire in Boston, as sett forth
in his petition.

Resolved, that the Treasurer be, and is hereby directed
to issue to the said Lovering two Other Notes, of the same
date & for the same sums, the said Lovering giving bond
with sufficient sureties to indemnify and save harmless
this Commonwealth. March 6, 1788.

Chapter 10.

RESOLVE ON THE PETITION OF THOMAS HILL AND ABIEL nT.nr, 10
LOVEJOY, EMPOWERING ELIZABETH McNEIL, OR BY HER KjaaV' 1KJ
ATTORNEY, TO EXECUTE TO THE SAID ABIEL LOVEJOY, A
DEED OF BARGAIN AND SALE OF THE LANDS MENTIONED.

On the petition of Thomas Hill and Abiel Lovejoy :
Whereas it appears to the General Court, that Archibald
McNeil, formerly of Boston, and late of Quebec, in the
Province of Quebec, in his life time, had agreed with Abiel
Lovejoy, of Vassalborough, in the County of Lincoln, to
sell and convey to the said Abiel, a Lot of Land in the
said Vassalborough, containing about four hundred Acres,
being Lot Numbered fifty, on the proprietors plan, made
by Nathan Winslow, for the sum of one hundred and

830 1787. — February Session.

thirty three pounds six shillings and eight pence, which
the said Lovejoy paid the said McNeil in his life time ;
but the said McNeil having been deprived by Death, of
the power of making a Deed, and the said Lovejoy,
together with Thomas Hill, of the said Boston, Attorney
to Elizabeth McNeil, administratrix to the Estate of the
said Archibald McNeil, having Petitioned the General
Court to give aid in the completion of the said Bargain
and sale.

Resolved, that the said Elizabeth McNeil, Adminis-
tratrix of the Estate of the said Archibald McNeil, by
herself, or by such Attorney as hath been or shall be by
her appointed, to make Sale of Lands formerly the Estate
of the said Archibald McNeil, shall be empowered to
make and Execute to the said Abiel Lovejoy a deed of
Bargain and sale of the Lands aforesaid, in fee Simple ;
and that any Deed thereof made And Executed by the
said Elizabeth, or her said Attorney, shall be good &
effectual in Law, to pass the same, as any deed made by
the Said Archibald McNeil, in his life time, could have
been. March 7, 1788.

Chapter 11.

Chart 11 RES0LVE MAKING A GRANT TO RICHARD DBVENS, ESQ. FOR
-^* HIS SERVICES AS COMMISSARY-GENERAL FROM JUNE 1st

1785, TO 1st JUNE, 1786.

On the petition of Richard Devens, praying for a Grant
for his Services as Commissary General, from June the
1= 1785, to June 1= 1786, for which time No grant has
been made him :

Resolved, that there be allowed & paid out of the Treas-
ury of this Commonwealth to Richard Devens, Esqr. the
Sum of one hundred & fifty pounds, in full for his Service
as Commissary GenL of this Commonwealth, from the l^
of June, 1785, to the first of June, 1786.

March 7, 1788.

Chapter 12.

Chan 12 RESOLVE ON THE REPRESENTATION OF JOHN LUCAS, ESQ. IN
Is/lUJJ. XA BEHALF OF ELISHA RICE.

On the Representation of John Liicas, Setting forth
that the Original Certificates of Elisha Rice, a corporal

1787. — February Session. 831

in the 15"1 Massachusetts regiment, & who was wounded
in the Service of the United States, are Mislaid or lost.

Resolved, That John Lucas, Commissary of Pensioners
be, & he hereby is Authorized to act on the authintick
Coppies of the said Certificates, in the same Manner as
he would have done on the Originals, had they not ben
lost. March 8, 1788..

Chap. 13

Chapter 13.

RESOLVE ON THE PETITION OF RALPH INMAX.

On the petition of Ralph Inman, praying that he may
be paid for seventeen hundred and nineteen pounds and
three quarters of a pound of copper, taken for the use of
the State, in the year 1776 :

Resolved, that the Treasurer of this Commonwealth,
make out and deliver unto the said Ralph Inman, a Note
in usual form, for the Sum of four hundred & thirteen
pounds six shillings & two pence, in full discharge for
the said supply. March 8, 1788.

Chapter 14.

RESOLVE ON THE PETITION OF EBENEZER KNIGHT, JACOB Qhaj) 14
STEVENS, AND ISAAC KNIGHT, SETTING THEM OFF TO ATHOL. ^'

On the Petition of Ebenezer Knight, Jacob Stevens, and
Isaac Knight, in the Town of Gerry, Praying that they
& their Estates may be annexed to the Town of Athol.

Whereas it appears by the Act for incorporating the
Town of Gerry, that Ebenezer Knight, & Benjamin
Preston, togeather with their Pols & Estates, Should
Continue to belong to the Town of Athol, upon Returning
their names into the Secretary's office within nine months
from the Passing of the said act, signifying their Desire
to Continue in said Athol, & it further appears that such
Returns were sent forward but miscarried.

Resolved, that Ebenezer Knight, Jacob Stevens, & Isaac
Knight, with their pols & Estates, (their farms being the
same which were owned by the above said Ebenezer
Knight, & Benjamin Preston) be Considered to belong
to the said Town of Athol, in the same manner & as fully
as they would have been, provided a Return of their
names & Desires had been entered in the secretary's
office, within the time limited in the act for incorporating
the Town of Gerry. March 8, 1788.

832 1787. — February Session.

Chapter 15.

Chap. 15 RES0LVE ON THE PETITION OF WILLIAM HUDSON BALLARD.

On the petition of William Hudson Ballard, Setting
forth that his Health was greatly impaired in the Service
of his Country, in the late War, by loosing in a great
degree the use of his right hand : That his dwelling house
has been lately consumed by Fire, in which his eldest
Daughter fell a Sacrifice ; That through these and other
Misfortunes he is greatly reduced in his Circumstances,
and is rendered unable to discharge a debt of three hun-
dred and fifty four pounds ten shillings and ten pence,
due to this Commonwealth for Taxes, except by the Specie
Notes of the same which he received for his Services.

Therefore Resolved, That the Sheriff of the County of
Essex be, and he is hereby empowered and directed to
receive of the said William Hudson Ballard, the Sum of
three hundred & fifty four pounds ten shillings and ten
pence in the Specie Notes of this Commonwealth, (allow-
ing for the interest thereon,) which he received for his
Services in the American Army, in full of the Execution
committed to him to collect. And the Treasurer is hereby
directed to govern himself accordingly, anjr Law or Resolve
of this Commonwealth to the contrary notwithstanding.

March 8, 1788.

Chap. 16

Chapter 16.

RESOLVE EMPOWERING THE ASSESSORS OF ATHOL TO ASSESS
ON INHABITANTS OF GERRY, TWENTY POUNDS ONE SHIL-
LING.

Whereas a County Tax was laid on the Toivn of Athol,
in the County o/" Worcester, in April last past, of twenty
five pounds fourteen shillings and nine pence ; and
ivhereas it appears to this Court that the Town of Gerry
part of which ivas set off from the said Town of Athol,
since the last valuation, ought to pay a part of the said
sum; and whereas it appears by certificates from under the
Town Clerk's hands of the said Towns, that the said Towns
have mutually agreed that the said Toion of Athol, shall
pay of the same, the sum of twenty pounds and one shil-
ling, and the said Town of Gerry should pay the sum of
five pounds thirteen shillings and nine pence, of said sum :
Therefore,

1787. — February Session. 833

Resolved, that the assessors of the said Town of Alhol
be, and hereby are Authorized and directed, to assess on
the Inhabitants of the said Town, the said sum of twenty
pounds & one shilling, according to the rules and direc-
tions contained in the Warrant from the Treasury of the
County of Worcester, for the assessing the said sum of
twenty jive pounds, fourteen shillings & nine pence, and
deliver the assessment with a warrant for Collection,
according to the tenor of the said Warrant : & the
assessors of the said Town of Gerry are likewise hereby
Authorized and directed, to assess on the Inhabitants of
the said Town of Gerry, the sum of five pounds thirteen
shillings & nine pence, and deliver the same to a Collector
with a warrant to collect the same as aforesaid, and to pay
the same to the Treasurer of the County of Worcester ,
according to the warrant from the said Treasurer to the
Assessors of Athol, for the said twenty jive pounds four-
teen shillings and nine pence. And the Treasurer of the
County of Worcester is hereby Authorized to issue his
Execution or Executions against the Collector or Collect-
ors of the said Athol and Gerry, to whom said assessment
shall be committed in case of Neglecting to pay the said
sum or sums according to the tenor of his warrant afore-
said to the Assessors of the said Athol; and also to issue
his Execution against the said Towns of Athol and Gerry,
or either of them, which shall neglect to assess and Com-
mit the said respective sums as aforesaid, and certify the
same according to Law, to him, within the space of five
weeks from the date hereof.

And it is hereby further Resolved, that the said assess-
ors of the Town of Athol are fully discharged from
assessing the said twenty five pounds, fourteen shillings
and nine pence, on the Inhabitants and Estates of the said
Town of Athol, anything in the said warrant to the Con-
trary notwithstanding. March 8, 1788.

Chapter 17.

RESOLVE ON THE PETITION OF OLIVER WITT.

On the petition of Oliver Witt, representing that he
has been involved in great difficulties and embarrassments
in his advanced age, by reason of his being bound for
Doc? Samuel Stearns, and praying for relief, for reasons
set forth in said petition :

Chap. 17

834 1787. — February Session.

Resolved, that the prayer thereof be so far granted that
the sum of Twenty nine pounds two shillings & six pence
be, and hereby is remitted to the said Olive)' Witt, on the
bond by him given to the Treasurer of this Common-
wealth, and that the said Treasurer, be, and hereby i&
required & directed to govern himself accordingly.

March 8, 1788.

Chap. 18

Chap. 19

Chapter 18.

RESOLVE ON THE PETITION OF ELIJAH REED.

On the petition of Elijah Heed, a Soldier in Capt.
Amasa Soper's company, & Col. Thomas Marshall's
Regiment, praying that he may be paid his wages for Ser-
vice in the Continental Army, which has been drawn by
a forged Order.

Resolved, that the treasurer be, & he hereby is directed
to pay the said Elijah, the sum of twenty jive pounds four
shillings & six pence, which was drawn by a forged Order,
in the same manner as he should have done if the same
had not been drawn by fraud as aforesaid.

March 8, 1788.

Chapter 19.

RESOLVE ON THE PETITION OF ME LIS OX E LLITHORP, EMPOWER-
ING HER TO ENTER A CERTAIN ACTION AT THE SUPREME
JUDICIAL COURT, NEXT TO BE HOLDEN AT NORTHAMPTON.

On the Petition of Melison Ellithorp :

Resolved, that the s- Melison Ellithorp, be, and she is
hereby Empowered to Enter and Continue at the Supreme
Judicial Court, next to be holden at Northampton, in the
County of Hampshire, on the last Tuesday of April next,
one certain Action or Plea, in which the s? Melison was
Original Plaintiff, and John Foster of Paxlon, in the
County of Worcester, Clerk, Deft., in which the s- 3Ielison
Alledged that the s^ John in Feb. 1781, promised mar-
riage to her, and after did Marry another Person, Which
Action was brot by Appeal to the Supreme Judicial Court,
holden at Springfield, on the fourth Tuesday of Sept.
last, and at s^ Court was Discontinued by the s- Melison.
And the s- Court are hereby authorized and Directed, to
proceed on the s- action according to Law and the Rules
of the s- Court, in the Same Manner in all respects, as in

1787. — February Session. 835

Actions Regularly brot by Appeals & Continued in the
s^ Court, and as if the s^ Action had not been Discon-
tinued ; the s- Melison serving the s- John Foster, with an
Attested coppy of this Resolve, fourteen Days at least
before the sitting of the s^1 Court. March 10, 1788.

Chapter 19a.

RESOLVE ON THE APPLICATION OF HUGH ORR, ESQ. Q^ \<§^

On the Petition of Hugh Orr, Esqr. of Bridgwater,
Praying that the Treasurer may be Directed to Receive
Certain orders Drawn on Collectors & Sheriffs, & In Lieu
of them to Grant him orders on ye- Committee, for the Sale
of Confiscated Estates in the County oi Bristol:

Resolved, that the Prayer of the Petition be granted,
and That the Treasurer be, and hereby is Directed to
Receive Such orders drawn by ye- Treasurer of this Com-
monwealth, In favour of y? s$ Hugh Orr, Esqr. to the
amount of two hundred pounds, & Grant him orders on
y? Committee for Sale of Confiscated Estates, in y? County
of Bristol, in Lieu of y? same. March 10, 1788.

Chapter 20.

RESOLVE ON THE PETITION OF THE TOWN OF EASTHAM, rrkaT) Of)
PRAYING FOR ABATEMENT OF TAXES. KjHMJf*

On the Petition of the Town of Eastham, in the County
of Barnstable, setting forth the wretched and distressed
Situation of that Town, and praying some abatement of
their present Taxes.

Resolved, for reasons set forth in the said Petition, that
Nathan Mitchel, Esq. Ebenezer Thayer, junr. Esquire
and Mr. Josiah Dean, be a Committee to repair to the
said Town of Eastham, at the expence of the sA- Town, to
consider the premises, and make report at the next Ses-
sions of the General Court, and that in the mean time the
Treasurer is directed to suspend all Executions for any
Taxes now due from the said Town of Eastham, until the
Committee aforesaid shall report. March 10, 1788.

Chapter 21.

RESOLVE ON THE PETITION OF DAVID AND MERCY GODFREY.

On the Petition of David Godfrey & Mercy Godfrey,
Administrators on the estate of Solomon Godfrey, late of

Chap. 21

836 1787. — February Session.

Chatham, Deceas., seting forth that the said deceas- in
his life time, sold to one Peter Cole, about five acres of
land, with a Small Dwelling house, Thereon standing, &
received one half of the consideration, and promised to
convey the said bouse & land to the said Peter, when
he should pay the other half of the Consideration, which
the said Peter now offers to do : Therefore

Resolved, that the prayer of the Petition be granted,
and the said David & Mercy be, and they hereby are fully
authorized and Empowered, in their said capacity, to make
and execute (to the said Peter Cole) a good and lawful
deed of the aforesaid five acres of land, with the Dwelling
house thereon standing, the said Peter paying to them the
remaining part of the sum agreed on, between him and
the said Deceased ; the said Administrators first giving
bond to the Judge of Probate for the County of Barn-
stable, that the sum they shall receive in Consequence of
this resolve, shall be credited to the said Deceased's
estate, and disposed of as the law directs.

March 10, 1788.

Chapter 22.

Chan 22 RES0LVE 0N THE petition of Elizabeth witherbee, di-

-^* RECTING THE JUDGE OF PROBATE, TO APPOINT SUITABLE

PERSONS TO SET OFF HER THIRDS, MENTIONED.

On the Petition of Elizabeth Witherbee of Westminster,
representing to this Court, that whereas she was appointed
sole Executrix on the last Will and Testament of her
husband, JSFathan Witherbee, late of s2 Westminster, de-
ceased, & it appears that the s- Will was proved &
approved, contrary to the meaning & intention of the
sd. Elizabeth ; And upon examining into the claims of the
several creditors to the Estate, it appears that it is insol-
vent, & the Will is so constructed, that if it continues &
remains in force, that the s- Elizabeth will be deprived
of her right of Dower. Therefore

Resolved, that the Judge of Probate for the County of
Worcester, be, & he hereby is authorized & directed, to
appoint suitable persons to set off one third part of the
Real Estate of the s? late JVathan Witherbee, deceased,
which shall be considered as the Dower of the s. Eliza-
beth, the aftbresd Will & Testament having been proved
& approved notwithstanding. March 10, 1788.

1787. — February Session. 837

Chapter 23.

RESOLVE ON THE PETITION OF JOSEPH STONE, IN BEHALF (Jhap 23
OF THE TOWN OF HARVARD. 1

On the Petition of Joseph Stone, in behalf of the Town
of Harvard, praying that Thaddeus Pollard, chosen a
collector, and charged with the Collection of a Class Tax,
might be empowered to compleat the collection of the
same, notwithstanding his inability legally to collect it,
on account of a mistake in the date of the Warrant for
empowering him for that purpose.

Resolved, That the said Thaddeus Pollard, be, and is
hereby fully authorized & impowered to compleat the
collection of the said Class Tax, notwithstanding any
error and mistake in the Date of the said Warrant.

March 10, 1788.

Chapter 24.*

RESOLVE ON THE PETITION OF JOSHUA HALL. CkaV. 24

Upon the petition of Joshua Hall, head of a class in the
Town of Duxborough, praying that the present assessors
of said Town of Duxborough may be empowered to make
new bills, adequate to the sum due from the above named
class, to the soldier hired by said class in the year 1781.

Resolved, for reasons set forth in said petition, that the
prayer of the petition be granted, & the assessors of the
Town of Duxborough, are hereby authorized & empow-
ered to make such bills as are necessary for the collection
of the balance still due from the several members of the
above named class. March 10, 1788.

Chapter 25.

RESOLVE ON THE PETITION OF ELIJAH HOLBROOK.

On the petition of Elijah Holbrook, setting forth that
about two year years ago, he bought a farme of one
Ebenezer Greggs, and that the said Greggs about four
years ago, Was Bound for his son's appearance at the
Supreme Judicial Court, to be holden in the County of
Worcester, that the bonds Were Called out against the
said Greggs, and that Execution hath lately issued for

* Taken from court record.

Chap. 25

838 1787. — February Session.

one Hundred and sixty pounds Lawful money, Which is
more than said farme is Worth, and that he Cannot have
any remedy against the said Greggs, by Reason of his
poverty, and that he finds himself Wholey Ruined, there-
fore humbly prays that the said bonds be Chancered Down,
and that he may be Enabled to hold the Lands purchased
of the said Greggs, he paying the Costs already arisen.

Resolved, That the prayer of the said Holbrook, be
Granted, and the Shiriff of the County of Worcester and
his Deputy, be directed, and they heareby are directed to
return the said execution fully satisfied, on the said Hol-
brook's paying the Costs that hath arisen.

March 11, 1788.

Chapter 26.

Char) 26 resolve on the petition of Joseph knights, repeal-

* ' ING A RESOLVE OF THE 13th NOVEMBER LAST, ON THE

PETITION OF TIMOTHF CUTLER.

On the petition of Joseph Knights:

Resolved, for reasons set forth in the said petition, that
the resolution of the General Court of the 13th oi Novem-
ber last, upon the petition of TimotJiy Cutler, be, and is
hereby repealed and declared null and void.

March 14, 1788.

Chapter 21.
Ghat) 27 RES0LVE 0N THE PETITION OF JOHN tucker and abiel

P' WOOD.

Upon the Petition of John Tucker, praying that he may
be restored to his law in an action defaulted against him
before Thomas Rice, Esqr. in favor of Abiel Wood:

Resolved, that the prayer of the said Petition be
granted, and that the said default in the action of Abiel
Wood, against John Tucker, Esq. before Thomas Rice,
Esq. be taken off, hereby giving to the said Tucker, liberty
to answer the said suit in the same manner as tho the said
action had not been Defaulted ; and the said Thomas
Rice, Esq. be, and he hereby is authorized and directed,
after giving fourteen days notice to each Party, to take
cognizance of the said action a new, and that the same
proceedings be had thereon in all respects, as if the same
had been originally brought to the time of the heareing to
be as aforesaid, and the attachments duly made by the
aforesaid process to hold good for and until thirty days

1787. — February Session. 839

after the final Judgement upon the aforesaid action, Pro-
vided the Petitioner serve the said Thomas Rice, Esqr.
with an attested coppy of this Resolve, on or before the
first day of May next. March 14, 1788.

Chapter 28.

RESOLVE FOR CANCELLING BONDS IN THE IMPOST OFFICES QTjnrr) OR
GIVEN PREVIOUS TO 1st JANUARY, 1767. * '

Whereas there are many Bonds in the Impost Offices
which were given to secure the Impost of Goods imported
into this Commonwealth before the first day of January,
1787, by Citizens of other States, which Goods were after-
wards exported to those States where the Owners lived,
& as by the late impost Act all Goods in like Circumstan-
ces are exempted from impost :

Resolved, that all Bonds given as aforesaid be cancelled,
on satisfactory proof being produced to the Collector of
Impost, & to the Comptroller General, that the Goods
mentioned in such Bonds were bona fide, exported out of
this Commonwealth, and not relanded therein.

March 14, 1788.

Chapter 29.

RESOLVE ON THE PETITION OF CAPTAIN SAMUEL LANGLEY Cj]iar) 99
GRANTING £.11 17s. 2d. ' ""

On the petition of Capt. Samuel Langley, of Warwick,
praying that he and his company may receive pay for
certain services done, as set forth in the said Petition, for
reasons mentioned therein :

Resolved, That the prayer of the said petition be granted,
and that there be allowed and paid out of the Treasury of
this Commonwealth to the said Samuel Langley, for him-
self and Company, who did the said service as set forth in
the pay roll accompanying the said petition, the sum of
Eleven pounds seventeen shillings and two pence.

March 14, 1788.

Chapter 30.

RESOLVE IN FAVOR OF GEORGE RICHARDS MINOT, ESQ. SEC- (!},„„ Qf)
RETARY, AND MR. KUHN, MESSENGER, TO THE LATE CON- ^J,laP% OU
VENTION, TOGETHER WITH EDWARD V ANN AVER.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, unto George Richards

840 1787. — February Session.

Minot, Esquire, the Sura of Thirty Pounds, in full for
his Services as Secretary to the late Convention of
this Commonwealth. To Mr. Jacob Kulin, the Sum
of Ten Pounds ten shillings, in full for his Services as
Messinger to the said Convention, and that they be
intitled to the benefits of the Resolve of the 25th of Oclr.
last, providing means for paying the Members of the said
Convention for their Services. And also the Sum of Six
Pounds, to Edward Vannaver, in full for his Services as
Sexton to the Meeting House, where the Convention met,
& twenty Days attendance, he also to be intitled to
ye- benefit of y? above mentioned Resolve.

March 14, 1788.

Chap. 31

Chapter 31.

RESOLVE ON THE PETITION OF WILLIAM BRIGHAM.

On the Petition of William Brigham, of Grafton, in
the County of Worcester, Praying that he may have Lib-
erty to pay the Sum of Sixty Pounds Recovered Against
him before the Supreme Judicial Court at their Sessions
in the County of Worcester, April, A. D. 1785, in dam-
mage, In the Consolidated Publick Securities of this Com-
monwealth, for Reasons set forth in the said Petition :

Resolved, that the Prayer of the Said Petition be
Granted, and that the Said William Brigham, have Lib-
erty to Pay the Said Sixty Pounds, as Recovered In
Dammage, in the Consolidated Publick Securities of this
Commonwealth, and the Treasurer is hereby Directed to
Govern himself Accordingly. March 14, 1788.

Chapter 32.

Chan 32 resolve on the petition of johx turner, esq.

On the petition of John Turner, Esquire, one of the
Guardians of the Indians in the Count}' of Plymouth, pray-
ing to be discharged from that Office :

Resolved, that the said John Turner, be, and he hereby
is excused from any further service in the said office, and
that Seth Briggs, of Pembrook, be & hereby is appointed
a Guardian of the s^ Indians in his room.

March 14, 1788.

1787. — February Session. 841

Chapter 33.

RESOLVE UPON THE PETITION OF JOHN McCLENCH, AND (JJiap, 33
OTHERS, FOR CEASING THE DUTY OF IMPOST ON ALL CARD- r'

WIRE.

Upon the Petition of John McClench & others, praying
for a Eepeal of the duty of Impost of ten per centum ad
valorem, on all Card Wire for reasons set forth in the said
Petition :

Whereas it appears to this Court that the duty afore-
said operates as a discouragement to the manufacture of
Wool & Cotton Cards within this Commonwealth :

Resolved, that from and after the passing this resolve,
the duty of Impost on all Card Wire imported into this
Commonwealth shall cease, any Law or resolve to the
Contrary notwithstanding. March 17, 1788.

Chapter 34.

RESOLVE ON THE PETITION OF JAMES CARGILL, GRANT TO, QJiaj). 34

IN CASE. 1 '

On the Petition of James Cargil, of Neio Castle, set-
ting forth the great loss he has sustained by Capturing
four Vessels while he Commanded the Eastern Militia
Regiment, And praying the General Court to Grant him
Relief:

Resolved, for Reasons set forth in the said Petition,
that on the Petitioner's paying into the Public Treasury
of this Commonwealth, Two Hundred & Eighty five
pounds New Emission Money, & producing the Treas-
urer's receipt therefor to the Governor and Council, they
be, & are hereby authorized and requested to issue their
Warrant on the Treasurer in favour of James Cargil, for
three hundred & Eighty seven pounds, 12/, to be paid out
of the first monies that shall come into the treasury not
already appropriated, in full compensation for the damage
he hath sustained as set forth in his Petition & also in
full for the aforesaid sum of Two hundred & Eighty five
pounds New Emission Money. March 17, 1788.

Chapter 35.* Chap. 35

[February Session, ch. 35, 1787.]
* Governor's message, see end of volume.

842 1787. — February Session.

Chapter 36.

Chap. 36 RESOLVE ON THE PETITION OF FRANCIS BRIDGE.

On the Petition of Francis Bridge, Setting forth that
Judgment has been Rendered Against him on Default By
the Honorable Abel Wilder, Esqr ; for Receiving Exces-
sive Usury, which Judgment Amounts to About one hun-
dred And twenty pounds.

Resolved, that for Reasons Set forth in the Said petition,
and it appearing that there were mitigating Circumstances
in favour of the said petitioner, there be And hereby is
remitted to the Said Francis Bridge, the Sum of Sixty
pounds, it being this Commonwealth's proportion of the
Judgment aforesaid. March 17, 1788.

Chapter 37.

Chan 37 RES0LVE 0N THE petition of john turner, authorizing

"' THE GUARDIANS OF THE PLYMOUTH INDIANS TO MAKE

SALE OF THE LAND MENTIONED.

On the petition of John Turner, late one of the Guar-
dians to the Indians in the County of ply 'mouth, praying
for the Sale of a part of the lands belonging to the tribe
of Indians in the Town of pembroke, as Set forth in Said
petition.

Resolved, that Seth Brigs, David Kingman and John
JVelson, Esqr; Guardians to the ply mouth Indians, be,
and they are hereby authorized and impowered to make
sale of all the lands belonging to the Indian tribe in the
Town of pembroke, in the County of plymouth, Except-
ing twenty acres of land with the house Standing on the
Same, for the most it will fetch, and they are hereby
authorized and Impowered in the behalf of the Said In-
dians, to make and Execute a Good Deed or Deeds of the
Said lands, and the Said Guardians, are hereby Directed
to pay to the Said John Turner, Esq ; the Sum Due to
him from Said Indians, it being Seventy one pounds fifteen
Shillings and two pence, and the remainder if any there
bee, put to Interest for the benefit of the Said Indians,
and the Said Guardians to be accountable for the Expend-
eture of the Same, to the General Court of this Common-
wealth. March 17,1788.

1787. — February Session. 843

Chapter 38.

RESOLVE ON THE REPRESENTATION OF AMASA DAVIS, Q. M. nhar) Qg
GENERAL, DISCHARGING HIM OF THE SUM MENTIONED, AND ""

DIRECTING TO ADJUST THE ACCOUNTS STILL DUE, AS DI-
RECTED.

Whereas a Committee of both Houses appointed to
examine the Accounts of Amasa Davis, Quarter master
General, have reported that they have examined the same,
and that they find them well vouched & right cast, & that
there is a bal lance of three hundred and fifty four pounds
sixteen shillings & one penny, due on the first of March
1788, including his Services to that time, from the said
Quarter master General, to this Commonwealth, which he
has acknowledged.

Resolved, that the said Accounts and Vouchers be
lodged in the Secretary's Office, and that the said Amasa
Davis, Quarter master General, be, and he hereby is
discharged from the aforesaid sum of twelve thousand one
hundred & forty five pounds three shillings & eleven pence,
& that he be accountable for the ballance of three hundred
& fifty four pounds sixteen shillings and one penny, as
aforementioned.

Be it further Resolved, that the said Quarter master
General, continue to settle, adjust & pay the Accounts
still due from this Commonwealth, in the same way and
manner as he is directed by a Resolve passed the 22*J of
November, 1787, and exhibit his Account to the General
Court, who will make him reasonable allowance for the
same. March 17, 1788.

Chapter 39.

RESOLVE ON THE PETITION OF SELECTMEN OF THE TOWN OF njinfQ 39
WASHINGTON, DIRECTING THE TREASURER TO CREDIT THE "'

COLLECTOR OF THE SAID TOWN, WITH A CERTAIN SUM.

On the Petition of the Selectmen of the Town of
Washington.

Resolved, That the Treasurer of this Commonwealth be,
and he hereby is directed to credit to Asa Hill, Collector
of the said Town of Washington, for the year One Thou-
sand Seven Hundred and Seventy nine, the sum of Thirty
Seven Pounds Sixteen Shillings and four pence, in full

844 1787. — February Session.

of the abatement made to the said Town, by a Resolve of
the General Court of the fourteenth of Jane, One Thou-
sand Seven Hundred and Eighty. March 17, 1788.

Chapter 40.

Chap. 40

RESOLVE ON THE PETITION OF JOB WINSLOW, DIRECTING THE
TREASURER TO GIVE AN ORDER ON JOHN WASTROAT, FOR
THE SUM OF £.6.

On the Petetion of Job Winslow, praying that the
Trea- of this Commonwealth may be directed to issue an
order on the specia part of tax no. 5, in Lieu of one
which he has lost :

Resolved, for reasons sett forth in said petetion, that
the prayer thereof be granted, & that the Trea- of this
Commonwealth, be, & he hereby is directed to give an
order on John Wastroat, in favour of Jobe Winsloiv, for
the sum of six pounds, on the specia part of tax No. 5,
he the said Job Winslow, to give bonds with Sufficient
Surety to the Trea- for the same. March 17, 1788.

Chapter 41.

Chart 41 RES0LyE 0N THE PETITION OF JOHN HILL, ESQ. GRANT TO.

On y- Memorial of John Hill, Esqr.

Resolved, that there be allowed & paid out of ye public
Treasury to John Hill, Esq. Twenty two pounds four
shillings, in full of his Account exhibited, for running ye
Lines between certain Strips or Gores of unappropriated
Lands in the County of York, belonging to this Common-
wealth & y- Towns adjoining, as directed by a Resolve of
ye General Court of Feb* 28, 1787. March 18, 1788.

Chap. 42

Chapter 42.

RESOLVE ON THE PETITION OF TEMPLE DECOSTER.

On the Petition of Temple Decoster, setting forth that
he was a Soldier in Col? Crane's Regiment of Artillery
for three years, and that in his absence from this Common-
wealth, a Person in January 4th, 1783, who signed an
order in his name in favour of Catharine Decoster, and
obtained his wages to the amount of thirty five Pounds
seventeen shillings & two pence, by which means he has

1787. — February Session. 845

been defrauded of his wages justly due him, & Praying
for relief:

Resolved, that the Treasurer be, & he is hereby directed
to issue & pay the said Temple Decosler, thirty jive
Pounds seventeen shillings & two Pence, in specie Notes,
in the same manner as he would have done, had his wages
never been drawn. March 18, 1788.

Chapter 43.

RESOLVE ON THE PETITION OF A NUMBER OF THE INHABITANTS Qhdjy 43
OF THE TOWNS OF STOUGHTON AND SHARON, REVERSING •* "

THE SENTENCES OF A GENERAL COURT MARTIAL, AGAINST
CAPT. JAMES POPE, AND LIEUT. LEMUEL CAPEN.

On the Petition of a Number of the Inhabitants of the
Towns of Stoughton & Sharon, Praying that the Sentence
of a General Court Martial, holden at Dorchester, in the
County of Suffolk, on the 31st of December, 1787, relative
to Capt. James Pope & Lieut. Lemuel Capen, may be
reversed. This Court being Sensible of the importance
and Absolute Necessity of a Strict Attendance to duty in
Military Officers, and the obligation they are under to
obey the Orders of Government & their Superior Officers,
and fully Satisfied with the proceedings of the said Court
Martial, yet considering the happy effect the Lenitive
Measures which have been Extended by the General
Court the Year past have produced, and that lenity to
Capt. Pope & Lieut. Capen, agreeably to the right which
this Court have to extend the same, may be productive of
like Beneficial consequences : Therefore,

Resolved, That the part of the Sentence of the said
Court Martial against the said James Pope, which renders
him incapable of holding any Military Commission for
Seven years ; and that part of the Sentence of the said
Court Martial against the said Lieut. Lemuel Capen,
which renders him incapable of holding any Military
Commission for three Years, be, and Hereby is reversed.

March 18, 1788.

Chapter 44.

RESOLVE ON THE PETITION OF WILLIAM HOWE.

On the Petition of William Howe, one of the Creditors
to the Estate of Daniel Murray an Absentee, prayino-
that the Judge of Probate for the County of Worcester,

Chap. 44

846 1787. — February Session.

may be Impowered to direct the Commissioners on the
said Murray's Estate, to Examine and Allow what may
further Appear to be due on the said Petitioner's demand :
Resolved, for Reasons set forth in the said Petition T
that the prayer thereof be so far Granted, that the Judge
of Probate for the County of Worcester be, and he hereby
is Authorized and Impowered, to impower the Com-
missioners to reexamine the Claim of the said petitioner,
he paying the whole expence of Such examination.

March 18, 1788.

Chap

Chap.

Chapter 45.

45 RESOLVE ON THE PETITION OF THE SELECTMEN OF THE

DISTRICT OF CARLISLE, IN THE COUNTY OF MIDDLESEX,
AUTHORIZING THE SELECTMEN TO ASSESS THE INHABITANTS
OF THAT PART OF SAID DISTRICT WHICH WAS TAKEN FROM
THE TOWN OF CONCORD, THAT MAY BE DUE.

On the Petition of the Select Men of the District of
Carlisle, in the County of Middlesex, setting forth that
there is now due from that part of the said District which
was taken from the Town of Concord, the sum of Twelve
pounds and upwards, to pay their proportion of the Debts
of the Town of Concord, at the time of the Incorporation
of the said District of Carlisle:

Resolved, that the prayer of the Petition be granted,
and that the Select Men of the Said Carlisle be Authorized
and directed, to Assess on the Inhabitants of that part of
the district of Carlisle, which was taken from the Town
of Concord aforesaid, the whole Sum that may be due,
to pay their proportion of the Debts of the Town of
Concord aforesaid, at the time of the Incorporation of the
said District of Carlisle. March 19, 1788.

Chapter 46.

46 RESOLVE ON THE PETITION OF JOHN WHITNEY.

On the petition of John Whitney, of Westborough, rep-
resenting that his wages, amounting to Forty pounds &
three shillings, have been paid on a forged order, & pray-
ing the consideration of this Court :

Resolved, that the Treasurer be, & he hereby is directed
to pay out of the Public Treasury to the Said John Whit-
ney, or order, the Sum of Forty pounds & three Shillings,
in public Securities, of the same kind & date, with that

1787. — February Session. 847

which wa8 drawn on the forged order aforesaid, the wages
beinsr drawn as aforesaid notwithstanding.

And it is further Resolved, that the Attorney General
be, and he hereby is directed to prosecute the person who
has fraudulently obtained the said wages, to recover the
same to the use of this Commonwealth.

March 19, 1788.

Chapter 47.

RESOLVE ON THE PETITION OF ELISHA JACKSON, AGENT FOR QJmi) AX
THE TOWN OF GARDNER, DIRECTING IN ALL FUTURE TAXES, "'

THE SUM OF THREE FARTHINGS, TO BE TAKEN FROM THE
SAID TOWN OF GARDNER, AND SET TO WIN CHEN DON.

On the petition of Elisha Jackson, Agent for the Town
of Gardner, setting forth, that certain lands belonging
to William Whitney, were by an Act passed March 2,
1787, sett off from the Town of Gardner, and annexed to
the Town of Winchendon, and that the said lands were in
the last valuation accounted to the Town of Gardner, and
praying relief.

Resolved, that in all future taxes, the Sum of three far-
things, of one thousand pounds, be taken from the Town
of Gardner, and set to the Town of Winchendon.

March 20, 1788.

Chap. 48

Chapter 48.

RESOLVE MAKING PROVISION FOR PAYING THE ATTORNEY

GENERAL.

Whereas by a Resolution bearing Date the 19^ day of
November , last past, provision was made for the payment
of the Judges of the Supreme Judicial Court, for the
Arrears due to them ; and, by mistake, no provision was
made for the Arrears then due to the Attorney General.

Resolved, that the same provision be, & hereby is made
in favor of the Attorney General, that was made by the
said Resolve in favor of the Judges aforesaid ; and the
Treasurer, is ordered & directed to govern himself ac-
cordingly. March 20, 1788.

Chapter 49.* Chap. 49

[February Session, ch. 49, 1787.]
* Governor's message, see end of volume.

84:8 1787. — February Session.

Chap. 50 Chapter 50.*

[February Session, ch. 50, 1787.]

Chap.

Chapter 51.

51 RESOLVE ON THE PETITION OF BENJAMIN FEARING, EXTEND-
ING THE RESOLVE TO THE FIRST OF JULY NEXT, AND DIS-
CHARGING THE TOWN OF WAREHAM, THE TAX MENTIONED
AT THAT TIME.

On the Petition of Israel and Benjamin Fearing, select-
men of the Town of Wareham, in behalf of the said Town,
praying that the Time allowed for the compleating the
payment of taxes by a resolve, passed March 23*?, 1786,
and March lQ1- 1787, may be lengthened out, for reasons
mentioned in the said Petition.

Resolved, That the prayer of the said Petition be
granted, and that the time limited by the aforesaid re-
solve, be and hereby is extended to the first day of July
next, and that the said Town of Wareham, discharging
the said tax by that time, shall be entitled to the same
abatement, as if the same had been paid according to the
resolve aforesaid ; and the Treasurer is directed to govern
himself accordingly. March 21, 1788.

Chapter 52.

£J2 RESOLVE ON THE PETITION OF SETH SMITH, DIRECTING THE
TREASURER TO PAY THE INTEREST DUE ON THE NOTES
MENTIONED.

On the petition of Seth Smith, Treai' of the Congrega-
tional Parish in Norton, Praying that the Treasurer of
this Commonwealth, may be directed to receive several
Consolidated notes of this Commonwealth, and to Issue
one note, Including the whole sum.

Resolved, for reasons set forth in the said petition, that
the prayer thereof be granted, and that the Treasurer of
this Commonwealth be, and he hereby is directed to pay
the Interest due on the said notes, and to receive the
principal, amounting to seven hundred & seventy three
pounds, contained in several notes ; and to Issue one
note, Including the said sum, payable in the same manner
as the aforesaid notes. March 21, 1788.

* Governor's message, see end of volume.

1787. — February Session. 849

Chapter 53.

RESOLVE ON THE PETITION OF LEVI THAYER, REVERSING A (JTin^ KQ
JUDGMENT, AND GIVING TIMOTHY RAWSON LIBERTY TO EN- "'

TER HIS ACTION.

On the Petition of Levi Thayer, praying that a Judg-
ment recovered against him, at the Court of Common
Pleas, held at Worcester, in and for the County of Worces-
ter, on the second Tuesday of June, 1786, by Timothy
Raivson, may be set aside, for Reasons mentioned in his
said Petition.

Resolved, that the said Judgment, and any Execution,
that may have been issued thereon, be, and hereby are
reversed, vacated, and made null and void, And that the
said Raivson, may, if he see cause, reenter his said Action
at the next Court of Common Pleas, to be held in and for
the said County of Worcester ; and the same proceedings
had thereon, as tho' the said Action, had been regularly
continued from term to term, till the said next* term of
said Court. March 22, 1788. "

Chapter 54.

RESOLVE ON THE PETITION OF LEVI THAYER, DECLARING VOID, n]inn XA
A JUDGMENT AGAINST HIM, AND GIVING LIBERTY TO JOHN Kj,iWP* °*
EAMES, TO ENTER HIS ACTION.

On the Petition of Levi Thayer, praying that a Judg-
ment recovered against him while absent from the Com-
monwealth, by John Lames of Framingltam, in the
County of Middlesex, At a Court of Common Pleas, held
at Worcester, in & for the County of Worcester, in June
term, one thousand seven hundred and eighty six, may be
set aside, for Reasons mentioned in the said Petition.

Resolved, That the Prayer of the said Petition be
granted, and that the said Judgment, and any Execution
thereon issued, be and hereby are made and declared null
and void ; and that the said Lames, may, if he see Cause,
enter his Action aforesaid, at the next Court of Common
Pleas for the said County of Worcester; and that the
same proceedings shall be had thereon, as if the said
Action had been regularly continued from term to term
in the said Court, till the said next term of the said
Court. March 22, 1788.

850 1787. — February Session.

Chapter 55.

Chart ^ RESOLVE ON the PETITION OF EDWARD TYLER, in behalf
KyUUlJm OF ELISHA TYLER, RENDERING A CERTAIN JUDGMENT VOID,

UPON CONDITION.

Upon the Petition of Edward Tyler, in behalf of Elisha
Tyler, praying that a Judg? recovered against the said
Elisha, at a Court of Common Pleas, holden at Pownal-
borough within and for the County of Lincoln, on the
first Tuesday of June, one thousand seven hundred and
Eighty seven, by Samuel Stimson, for the reasons in the
same Petition mentioned, should be set aside.

Resolved, that the prayer of the petition be granted,
and that the said Judgment be and hereby is rendered
null and void, upon this Condition, and not otherwise;
that the said Elisha shall reenter the same action at the
next Court of Common pleas, to be holden at Pownal-
borough, within and for the County aforesaid, on the first
Tuesday in June next ; and shall then in the said Court,
Enter into a rule to refer the same action, with the Cost
that has already arisen thereon, to the determination of
Thomas Rice, Esqr ; David Gilman and Jonathan Davis,
or in case either of them should decline or be unable to
attend, to the other two, with Samuel Howard, and shall
attend the said reference at the said Pownalborough , during
the sitting of the same Court, so as that the report may
be made at the same Court, but if the said Tyler, should
not comply with the said Condition, then the aforemen-
tioned Judgment is to be, and abide in full force, and the
bail shall, whether the reference is entered into or not, be
held good and Valid, but no Scire Facias shall be issued
against them, until after the said Court, nor shall that
part of the Law, providing that Scire Facias shall issue
against the bail, within one year next after final Judg-
ment, be considered as in force in this case.

March 17, 1788.

Chapter 56.

Chan 56 RES0LVE 0N THE petition of timothy goodell, of athol,

1 ' DECLARING A CERTAIN JUDGMENT TO EE VOID, AND GIVING

LIBERTY TO EBENEZER ROCKWOOD, TO ENTER HIS ACTION.

On the petition of Timothy Goodell, of Athol, pray-
ing that a Judgment recovered against him by default, in

1787. — February Session. 851

an action commenced by Ebenezer Rockwood, of Pitts-
toivn, in the State of New York, before Hyram Newell,
Esqr ; of the said AtJiol, one of the Justices assigned to
keep the Peace, within and for the County of Worcester ,
on the eleventh day of Jane, 1787, on a process of
confession, may be set aside ; and that the Petitioner may
have an opportunity to defend the same, in the same
manner as if no such default had happened ; For reasons
set forth in the said Petition.

Resolved, that the aforesaid Judgment on default be,
and the same hereby is declared to be null &, void, and
the said Ebenezer Rockivood, have Liberty to enter his
said Action at the Court of Common pleas, next after the
1st day of April next, to be holden at Worcester, within
& for the County of Worcester, if he see fit, and the said
Petitioner shall be considered in the same situation as if
he had appeared before the said Justice and refused to
confess or refer the Tresspass or demand of the Plaintiff
agreeably to Law, and the said Justice shall certify a Copy
of the Proceedings before him at the said Rockwood's
request, as if the said Rockivood had formally notified the
petitioner in the presence of the said Justice that the
Action would be carried and entered at the said Court of
Common pleas, and the said Newell shall cause the said
Rockwood, his agent or attorney, to be served with a
Copy of this Resolve, at least fourteen days before the
setting of the said Court. March 22, 1788.

Chapter 57.

RESOLVE ON THE PETITION OF JOHN HEATH, DIRECTING THE (Jhar> 57
TREASURER TO DELAY CALLING UPON HIM FOR THE BAL- *?"

ANCE DUE, UNTIL FURTHER ORDER.

Upon the petition of John Heath.

Resolved, that for reasons set forth in the said petition,
the Treasurer be, and he hereby is directed to delay call-
ing upon John Heath, for the balance due from him to
this Commonwealth, untill the further order of the Gen-
eral Court. March 22, 1788.

Chapter 58.

RESOLVE ON THE PETITION OF SETH WEBBER.

On the Petition of Seth Webber, sitting forth, that he
had his wages drawn by a forged order.

Chap. 58

852 1787. — February Session.

Resolved, that the Treasurer of this Commonwealth,
be, and he hereby is Directed to pay and deliver to Seth
Webber, in full for his services in the Continental Army,
as mentioned in his said petition, such notes as he would
have been entitled to, had his Wages not been drawn
by a forged order. March 22, 1788.

Chapter 59.

Chan. 59 Resolve on the petition of Stephen torrey, setting
1 ' aside two judgments, and directing the clerk of

the court of common pleas, for worcester county,
to place said actions on the docket of the said court,
and authorizing the justices to proceed in said ac-
TIONS.

On the Petition of Stephen Torrey, Praying that two
Judgments rendered against him, at a Court of Common
Pleas held at Worcester, on the first Tuesday of December
last, one by Ebenezer Torre;/, the other by Ebenezer
Torrey, Junr. and both of Boston, in the County of
Suffolk, may be set aside.

Resolved, for Reasons set forth in the said Petition,
that the Prayer thereof be so far granted, that the afore-
said Judgments and all Proceedings in Consequence of
the said Judgments, Be set aside, and rendered Null and
Void, and that the Clerk of the Court of Common pleas,
for the County of Worcester , may, and hereby is Directed,
to Place the said actions on the Docket of the said Court,
at the next Term thereof, to be holden at the said Worcester,
on the Last Tuesday of march current, and that the Jus-
tices of the said Court, are hereby authorized and Im-
powered, to proceed in the said actions, as if no Default
had been suffered ; and that all the Lawful Cost that has
arisen on the Said actions, Previous to the Passing this
Resolve, be Paid and Discharged By the Defendant.

March 22, 1788.

Chapter 60.

Chart 60 RES0LVE 0N TtlE petition of benjamin moses, declaring

1 VOID A CERTAIN JUDGMENT, AND EMPOWERING EDWARD

DALTON, TO ENTER THE ACTION MENTIONED.

Upon the Petition of Benjamin Moses of Salem, in the
County of Essex, Mariner, administrator of the Estate of
Eleazer Moses, late of the Same Salem, Mariner, deceased.

1787. — Febkuaby Session. 853

Resolved, that the Judgment recovered by default,
against the said Benjamin, in his said Capacity, before
William Pyncheon, Esq ; on the first day of October last,
past, in favour of Edward Dalton, of Salem aforesaid,
Mariner, be, and hereby is declared void, and that the
said Edward Dalton, be, and he is hereby empowered, to
enter his said action, against the said Benjamin, in his
said Capacity, at the next Court of Common Pleas, to be
holden at Ipswich, within and for the County of Essex,
on the first Tuesday of April next, and to produce all the
papers and evidence, filed in the said Case, in the same
maimer that he might have done, if the said Benjamin
had appeared before the said William Pyncheon, Esq;
the said Edward Dalton, and the Justices of the said
Court of Common Pleas, are hereby empowered, to take
cognizance of the same, as if the same came before the
said Court, in the ordinary course of Law ; and further
that the said Benjamin, gave Notice to the said Edward
Dalton, by serving him with an attested Copy of this
Resolve, seven days at least, before the first day of April
next. March 22, 1788.

Chapter 61.

RESOLVE ON THE PETITION OF MARGARET SEABURT, DECLAR- f^-j r>-\

ING VOID, A JUDGMENT RENDERED AGAINST HER, AND ^,iaP' U±
IMPOWERING HER TO ENTER HER ACTION AGAINST EBEN-
EZER KINGSBURY.

On the petition of Margaret Seabury, praying for a
Rehearing of an Action therein mentioned, for reasons
alledged in her said petition.

Resolved, that the judgment rendered against Margaret
Seabury, on the ninth day of August, last past, before
Joseph Greenleaf, Esqr ; in favor of Ebenezer Kingsbury,
and Execution issued thereon, be, and hereby are declared
null and void, and that the said action be revived, and the
said Justice be empowered to take cognizance thereof, on
monday the Second day of June next, at ten o'clock in
the forenoon, at his dwelling-house in Boston, and the
said parties may appear before the said Justice, and the
same proceedings may be had thereon, as if the said writ
had been originally returnable before him on the said
second day of June next, in the ordinary course of law,
and further, that the said Margaret Seabury give notice
to the said Ebenezer Kingsbury, by serving him with an

854 1787. — February Session.

attested copy of this Resolve, fourteen days at least,
before the said Second day of June next.

March 22, 1788.

Chapter 62.

Chap. 62 RESOLVE ON THE PETITION OF ENOCH ADAMS, EMPOWERING
1 ' THE COMMITTEE ON UNAPPROPRIATED LANDS IN THE

EASTERN COUNTIES, IN THIS CASE.

On the petition of Enoch Adams, setting forth, that
part of a Township which he, & his associates contracted
for, with the Committee on the Subject of unappropriated
Lands in the Counties of Cumberland & Lincoln, on run-
ning the lines of the said Township, part of it is found to
be within the County of York, ancf praying that some
person or persons may be appointed to complete said
contract :

Resolved, that the committee on the Subject of unap-
propriated lands in the Counties of Cumberland & Lincoln,
who contracted with Enoch Adams, & his Associates, for a
Township of Land which now appears to be partly within
the County of York, be, & they are hereby empowered
to complete the said Contract, & to make & execute a deed
thereof, in behalf of this Commonwealth, any part of the
said Township being within the County of York, notwith-
standing. March 24, 1788.

Chapter 63.

Chap. 63 resolve ON the petition of the selectmen of the
1 ' town of parsonsfield.

On the Petition of the Select Men of the Town of
Parsonsfield, setting forth, that the Assessors of the said
Town in assessing the inhabitants thereof, to the Tax
granted by the General Court, in the year one thousand
seven hundred and Eighty six, assessed them in an illegal
& unwarrantable manner, by means whereof the assess-
ment cannot be collected. Wherefore

Resolved, that the Selectmen or assessors of the Town
of Parsonsfield, for the time being, be, and they are
hereby impowered and directed to assess the Inhabitants
of the said Town of Parsonsfield, the sum of two hundred
pounds five shillings and ten pence, being their proportion
of the Tax granted in the year one thousand seven hundred

1787. — February Session. 855

& Eighty six, in the same way and manner, and agreable
to the Rule prescribed in the said Tax Act, and make
return of the same into the Treasurer's Office, on or
before the first day of May next, and the Treasurer is
hereby directed to stay his Executions against the Con-
stables or Collecters of the said Parsonsfield, until the
first day of August next. March 24, 1788.

Chapter 64.

RESOLVE ESTABLISHING THE PAY OF THE COMMITTEE ON H^a^ QA
FINANCE, APPOINTED IN THE RECESS OF THE GENERAL yy"/UlJ'
COURT.

Resolved, that there be allowed and paid out of the
publick Treasury of this Commonwealth, to the Committee
of Finance, appointed in the last Session of the General
Court, to sit in the recess, the sums to their several names
respectively annex'd, agreably to the foregoing schedule,
to vnt, Honourable Theophilus Parsons, Six pounds six-
teen shillings & six pence, Honourable /Samuel A. Otis,
Esqr., Six pounds six shillings, Samuel Lyman, Esqr.
seven pounds fourteen shillings, Honourable Eleazer
Brooks, Esqr. Five pounds twelve shillings, Doc= Daniel
Coney, Five pounds twelve shillings, Captain Elisha
Mitchel, Six pounds thirteen shillings, Josiah Dean, Esqr.
Four pounds, eleven shillings, Major Samuel Mason, Ten
pounds, Honourable Solomon Freeman, Esqr. Six pounds
two shillings & six pence ; amounting in the whole, to the
sum of Fifty nine pounds ten shillings, which sums are in
full for their travel and attendance on the Committee
aforesaid. March 24, 1788.

Chapter 65.

RESOLVE ON THE REPRESENTATION OF RICHARD DEVENS, n},or) ftFJ
ESQ., COMMISSARY GENERAL, GRANTING £.6000. vriWJJ, VO

On the Petition of Richard Devens, Esqr. Commissary
Generi, praying for a Warrant on the Treasury, to enable
him to execute the duty of his department :

Resolved, that there be allowed & paid out of the
Treasury of this Commonwealth, to Richard Devens, Esqr.
the sum of Six Thousand pounds, to be paid out of the
back taxes not already appropriated, he to be Accountable
for the expenditure thereof. March 24, 1788.

856 1787. — February Session.

Chapter 66.

CkaV 66 RESOLVE ON THE PETITION OF NATHANIEL BETHUSE, EM-
V POWERING THE TREASURER TO MAKE OUT AND DELIVER

STATE NOTES FOR A CERTAIN SUM AGAINST ROBERT
AUCHMUTY, ESQ'S ESTATE.

On the Petition of Nathaniel Bet/nine, and Mary
Bethune, Executors to the last Will and Testament of
George Bethune. Decc-, shewing that Robert Auchmuty ,
Esqr. Late of Roxbury, an Absentee, was indebted to the
said George, in the sura of thirty seven Pounds Six Shillings
and eight pence, by his Note, dated A prill 4th, 1769, and
praying that their claim may be allowed them out of the
proceeds of the said Auchmuty' & Estate.

And whereas it appears that there is more than suffi-
cient of the proceeds of the Sale of the said Auchmuty' s
Estate, to pay the Debts already allowed against the said
Estate, including the said Note, paid into the Treasury of
this commonwealth.

Therefore Resolved, that the Treasurer of the said com-
monwealth be, and he is hereby impowered and directed
to make out and deliver the said Executors, in behalf of
the said Commonwealth, thirty seven pounds six shilling
& eight pence, in the form of the State consolidated Notes,
in full for their claim against the Said Estate : They first
giving Bond to the said Treasurer in their said capacity,
in the penal sum of Double the sum contained in the said
note, with condition, that in Case it Shall hereafter appear
that there is more just claims to the said Estate than the
whole of it will pay, then, and in that case the said
JVath1-1 and Mary, shall refund what they shall have reed,
more than their proportionable part thereof.

March 24, 1788.

Chapter 67.

Chap. 67 RES0LVE 0N THE PETITION OF NATHANIEL BETHUNE, AND
1 ' MARY BETHUNE, EMPOWERING THE TREASURER TO MAKE

OUT AND DELIVER £226. 13s. id. IN CONSOLIDATED NOTES,
FOR THEIR CLAIM AGAINST THOMAS OLIVER'S ESTATE.

On the Petition of Nathaniel Bethune and Mary
Bethune, Executors to the last Will and Testament of
George Bethune, Dec^, shewing that Thomas Oliver, Esqr.
late of Cambridge, an Absentee, was indebted to said

1787. — February Session. 857

George, in the Sum of two Hundred & Sixty Pounds
thirteen shillings & four pence, by his Bond, dated the
twenty fifth day of August, 1774: ; and praying that their
claim may be allowed them out of the proceeds of the
said Oliver's Estate. And whereas it appears that there
is more than sufficient of the proceeds of the sale of the
said Oliver's Estate, to pay the debts already allowed
against the said Estate, including the Said Bond, paid into
the Treasury of this Commonwealth.

Therefore Resolved, that the Treasurer of the Said
Commonwealth be, and he is hereby impowered and
directed to make out and deliver the said Executors, in
behalf of the said Commonwealth, two Hundred and Sixty
Six pounds thirteen shillings and four fence, in the Same
form of the State consolidated notes, in full for their claim
against the Said Estate, They first giving Bond to the said
Treasurer, in their said capacity, in the Penal Sum of
double the Sum contained in the said note, with condition,
that in case it shall hereafter appear that there is more just
Claims to the said Estate than the whole of it will pay,
then and in that case, the said Nathaniel and Mary shall
refund what they shall have rec'-, more than their propor-
tionable part thereof. March 24, 1788.

Chapter 69.*

RESOLVE REPEALING A RESOLVE OF THE FIRST OF MARCH, QJ^uj QQ
1786, RELATIVE TO A CERTAIN ISLAND, LYING WITHIN THE * '

COUNTY OF LINCOLN, CALLED DEER-ISLAND, AND CON-
FIRMING THE WrHOLE OF THE ISLAND, EXCEPTING AS
MENTIONED, UNTO JOSEPH TYLER, AND GEORGE TYLER,
UPON CERTAIN CONDITIONS.

Whereas by a Resolve of the General Court of this
Commonwealth of the twenty first day of March, A. D.
1786, a certain Island, lying within the County of Lincoln,
called Deer Island, together with a small Island, lying
near the west Shore of the said Deer Island, called Sheep
Island, was granted & confirmed to Joseph Tyler, & the
other settlers thereon, upon certain conditions in the said
Resolve mentioned : And whereas from the large number
of Grantees of the said Islands, it has been found incon-
venient to execute the measures proposed by the said Re-
solve, and the conditions of the Grant aforesaid have not

* No chapter 68 printed.

858 1787. — February Session.

been performed, though the time limited for the perform-
ance thereof hath expired, whereby the settlers upon the
said Islands are deprived of the benefits intended them by
the Government, and the interests of the Commonwealth
are retarded : It is therefore

Resolved, that the said Resolve, be, and it is hereby
repealed, and that the whole of the Islands aforesaid,
excepting as hereafter mentioned, be, & hereby are
granted and continued, unto Joseph Tyler and George
Tyler, resident on Deer Island aforesaid, and unto their
Heirs and assigns forever, upon the following conditions,
Viz. That the said Joseph and George, lay out and appro-
priate unto all persons who settled on either of the Islands
aforesaid, and made a Seperate improvement by erecting
a Dwelling House, and residing before the first day of
January, A. D. 1784, Their heirs or assigns, one hun-
dred acres each, to hold iu Severalty, and so laid out as
to include their respective improvements, As a Compen-
sation for Settlement, excepting to the heirs or assigns of
Nathaniel Itent, who in consideration of his extraordinary
expences in promoting the Settlement of the Said Islands,
shall be intitled to hold and enjoy forever, a certain Tract
conveyed to him by Jonathan Greenlaw and others,
which lands so to be appropriated as aforesaid, are hereby
granted and confirmed unto the said settlers, and to their
Heirs and assigns forever, on condition that they pay
unto the said Joseph and George, or to their Heirs or
assigns, the Sum of Thirty /Shillings for each lot, to be
appropriated as aforesaid, within Twelve months from
the date hereof, for the Survey and other charges, And in
case it shall be found, in laying out the Lands to be
appropriated to the Settlers as aforementioned, that there
shall not be Sufficient land containing improvements for
every Settler to take the quantity aforesaid, without inter-
fering with land, previously occupied by some other per-
son, any settler in such case shall be intitled to receive
the whole, or any part of his proportion elsewhere.

And the present grant to the said Joseph and George,
is upon the further condition, that they, their Heirs or
assigns, appropriate three hundred Acres of Land, for the
use of the Ministry, and three hundred acres for the use
of a Grammar School ; & that they pay into the Treasury
of this Commonwealth, within fifteen Months from the
passing of this Resolve, the Sum of One hundred and

1787. — February Session. 859

Sixty three pounds, in Specie, and the further sum of Two
hundred and Sixty five pounds , in consolidated Securities
of this Commonwealth, within Three months from the
passing of this Resolve.

The said Deer Island, and Sheep Island, granted as
aforesaid, are bounded as follows, Viz. Northeasterly, on
Eggamogan Reach, which seperates Deer Island from
Township No. IV, lying between Penobscot River, and
Union River, begining at Hardy's Point, at the northend
of the said Island, from thence running southeasterly by
several head lands to Campbell's Point, from thence south-
westerly, to the Northwest point of Campbell's Island,
thence by the westerly and southwest shore of Campbells
Island, to the South extreme of the same, from thence
easterly, passing on the Southerly side of Island B, as
marked on a plan taken by Rufus Putnam, Esqr ; in the
year 1785, to the northeast point of Stinson's Neck, from
thence Southerly, touching the extreme headlands of
Stinson's Neck, to the most southerly point thereof, from
thence Southwesterly to the east point of Babbridge's
Neck, from thence southerly to the southwest point of
Deer Island, from thence Southwesterly & westerly,
touching the extreme head Lands of Deer Island, to a
point thereof, opposite Crotch Island, by Deer Island
thoroughfare, from thence northwesterly, to the west
point of Deer Island, near Southwest harbour, from thence
northerly, touching the west extreme of Sheep Island, to
Donham's Point or ragged head, from thence Northeast-
erly, touching the East extreme of Carnne Island, to
Hardy Point aforesaid, which description includes Deer
Island, proper, Greenlaw Neck, Stinson's Neck, Babb-
ridge's Neck, and Sheep Island, which lies near the west
shore of Deer Island. March 24, 1788.

Chapter 70.

RESOLVE ON THE PETITION OF JOSEPH TRUMBELL, GRANT TO. QJk^j) 70

On the petition of Joseph Trumbell.

Resolved, for reasons set forth in the said Petition, that
there be allowed & paid out of the Treasury of this Com-
monwealth, to Joseph Trumbell, (living on a Goar of Land
in the County of Worcester, not belonging to any Town)
the sum of fifteen pounds, in full compensation for his

860 1787. — February Session.

Cost and trouble, in Doctoring & nursing his son, who was
taken sick in the army, in the year 1776.

March 24, 1788.

Chapter 71.

Chan 71 RES0LVE 0N THE petition of john crawford, grant to.

On the Petition of John Crawford, a non commissioned
officer in Capt. Holloway Taylors Company of Cavalry in
Col0 . Crafts Hegl , Praying for Compensation for the Loss
of his Horse, in the Service of the Commonwealth :

Resolved, that there be allowed & paid out of the
treasury of this Commonwealth to the saicl John Crawford,
the sum of Eleven Pounds, in full Compensation for the
Loss of his Horse, as set forth in his Petition, to be paid
out of the specie part of Tax number five.

March 24, 1788.

Chap. 72

Chap. 73

Chapter 72.

RESOLVE RESPECTING NEW-BEDFORD, REGULATING FUTURE

TAXES.

Whereas the town of West Port, and the town of New
Bedford, have been severally sett oft* from the town of
Dartmouth, since the last Valuation was made, and no
regulation is provided for proportioning of future taxes :

Resolved, That in all Taxes hereafter to be laid, the
said Towns of West Port and New Bedford, and the Town
of Dartmouth, shall be assessed the same proportionate
sums which they would have been severally assessed, as
parts of the Town of Dartmouth, before the said Towns
of West Port and New Bedford, were sett off as afore-
said : And the Assessors of each Town, are hereby em-
powered and directed to assess the Same accordingly.

March 24, 1788.

Chapter 73.

RESOLVE ON THE PETITION OF JOHN ALLAN, LATE SUPERIN-
TENDENT OF INDIAN AFFAIRS, DIRECTING THE COMMIT-
TEE FOR AUDITING ACCOUNTS, TO CREDIT THE ACCOUNTS
OF THE SAID ALLEN, AND DIRECTING THE COMMISSARY-
GENERAL TO SETTLE HIS RATION ACCOUNT.

On the Petition of John Allan, late Superintendent of
Indian affairs for the United States, in the Eastern part
of this State, Setting forth that several accounts are now

1787. — February Session. 861

due to him for Expenditures in his department, to the
Amount of One hundred and seventy six pounds nineteen
shillings and two pence, omitted through mistake in his
late settlement, and that part of his Ration Account yet
remains unsettled.

It is therefore Resolved, that the Committee for Audit-
ing public Accounts be, and they hereby are directed to
audit the Accounts of the Said Allan, and certify such
part as appears to be well vouched, and to charge the
same to the United States ; and the Commissary General
is also directed to settle the Ration Account of the said
Allan, and charge the same to the United States.

March 24, 1788.

Chap. 74:

Chapter 74.

RESOLVE MAKING ESTABLISHMENT FOR THE MEMBERS OF
THE GENERAL COURT.

Resolved, That there be allowed and paid to the mem-
bers of the Honourable Council, Eight shillings for each
day's attendance ; to the members of the Honourable Sen-
ate, Seven Shillings & Six pence, and to the members of
the House of Representatives, Seven shillings, for each
day's attendance the present Session of the General
Court, and the same pay for travel that has been usually
allowed.

It is further Resolved, That there shall be paid out of
the public Treasury to the Honb!e Samuel Adams, Esqr.
President of the Senate, and to the Honourable James War-
ren, Esqr. Speaker of ye. House of Representatives, each,
the Sum of six shillings per Day, for every Day's attend-
ance on the General Court the present Session, over and
above their respective Pay as members thereof.

March. 24, 1788.

Chapter 75.

RESOLVE DIRECTING THE INHABITANTS OF THAT PART OF THE f'Jnrt 7 K
COUNTY OF LINCOLN, WHICH LIES ON PENOBSCOT RIVER, ^,lClP' ' °
TO SHEW CAUSE, WHY MOUNT DESERT AND OTHER ISLANDS,
SHOULD NOT BE SET OFF AS A SEPARATE COUNTY; AND THE
SECRETARY IS DIRECTED IN THIS CASE.

Whereas the Inhabitants of that part of the County of
Lincoln, which lies on Penobscot River, & to the Eastward
thereof, labour under many Inconveniences by reason of

862 1787. — February Session.

their great Distance from the places where the Court
of Judicature are held ; & it will be expedient that the
same be set off as a separate County or Counties, as soon
as the incorporation of a sufficient number of plantations
shall have taken place :

Ordered, that the proprietors & settlers of the follow-
ing townships & plantations, Viz. Mount Desert, Deer
Island, Fox Islands, Gouldsborough, Townships No. I &
2, lying East of Union River ; Townships No. 7 and No.
6, lying upon Union River; Townships No. 5 & No. 4,
upon Blue Hill Bay; Townships No. 1 and No. 2, both
on the East side of Penobscot River; Township No. 1, of
Kenduskeeg ; Township No. 1, or Sowerdabscook, & the
Township of Frankfort, all on the West of Penobscot
River, & the Township of Cambden, on Penobscot bay,
be, & they are hereby directed to appear, if they see fit,
on the 2? Wednesday of the first Sessions of the next
General Court, to shew cause, if any they have, why their
respective Townships should not be incorporated.

And it is further Ordered, that the Secretary be, & he
is hereby directed to cause the aforegoing order to be
published three weeks successively in the Boston inde-
pendent Chronicle, & Portland News Paper.

March 24, 1788.

Chap. 76

Chapter 76.

RESOLVE EMPOWERING THE COMMITTEE ON THE SALE OF
LANDS IN THE COUNTIES OF CUMBERLAND AND LINCOLN,
TO PROCURE A ROAD FROM PENOBSCOT RIVER, TO THE
RIVER SCOODUCK.

Whereas a Road from Penobscot River, to the River
Scooduck, will expedite the settlement of, & be produc-
tive of many Advantages to, that Tract of Country situ-
ated between the said Rivers :

Resolved, that the Committee on the Sale of Lands, in
the Counties of Cumberland & Lincoln, be, & they are
hereby empowered & directed to procure a Road, to be
surveyed & cleared from Penobscot River, to the River
Scooduck, beginning at the Township No. One, on Penob-
scot River, thence running as near as may be, an East
Course through part of No. 2, No. 6, & No. 7, to the
middle of the Township No. 8, & through the middle of
Townships No. 8, No. 9, No. 10, No. 11, No. 12, & No.

1787. — February Session. 863

13 ; thence through the Township No. 23, to MacJiias;
thence through No. 13, No. 10, No. 2, & No. 1, to Scoo-
duck River: Provided, however, that where the said
road may pass through lands which are private property,
the charge of clearing shall be defrayed by the owners of
the said lands, and the expence shall not exceed one sixth
part of the lands belonging to the Commonwealth in Town-
ships through which the road may pass.

March 24, 1788.

Chapter 77.

RESOLVE ON THE PETITION OF TIMOTHY NEWELL, ALLOWING riJ)nr} 77
£.100 IN CONSOLIDATED NOTES, AND SUSPENDING THE EXE- {-/fiaP' * *
CUTION FOR THE SPACE OF ONE MONTH.

On the petition of Timothy Newell, Praying for an
Abatement of Some part of the Taxes Committed to him
to Collect for the Years 1781 & 1782, for the Reasons Set
forth in the said petition :

Resolved, that the Prayer of the said petition be so far
granted, that the petitioner be allowed to pay into the
Public Treasury of this Commonwealth, the sum of One
Hundred pounds in consolidated Notes of the said Com-
monwealth, and that the Execution against him be Sus-
pended for the Space of One Month from the passing of
this Resolve ; and the Treasurer is hereby directed to
Govern himself accordingly. March 24, 1788.

Chapter 78.

RESOLVE FOR BORROWING MONEY TO PAY THE GOVERNOR syi 70

COUNCIL, SENATE, HOUSE OF REPRESENTATIVES, &c. AND ^,/iaP' '°
DIRECTING THE TREASURER IN THIS CASE.

Resolved, that the Treasurer of this Commonwealth be,
and he hereby is impowered and directed to borrow on
the Credit of the first monies which shall be received into
the Treasury upon the Tax this Session voted to be laid,
assessed and collected, the sum of thirteen thousand five
hundred and sixty seven pounds sixteen shillings and four
pence, to be appropriated in the Following manner,
Vizi. To His Excellency the Governor, three hundred
and Ten pounds; To The members of the Honorable
Council ifour hundred & ninety three pounds seven shil-
lings and eleven pence; to the members of the Honorable

864 1787. — February Session.

Senate, seven hundred and seventy seven pounds and three
pence ; To the Members of the Honorable House of Rep-
resentatives, four thousand six hundred and fifty three
pounds seventeen shillings and ten pence; To the Members
of the State Convention, three thousand and four pounds
four shillings; To the Members of the Federal Conven-
tion,^^ hundred Pounds; To the Judges of the Supreme
Judicial Court, five hundred Pounds; to the Committee
of Finance, sixty pounds; To the Members of Con-
gress, five hundred pounds; to The Printers to the Gen-
eral Court, one thousand pounds; To the Clerks in the
Secretary's Office, four hundred and Eighty seven pounds
two shillings; to the Clerks in the Treasurer's Office, six
hundred pounds; To the Clerks of the Committee for
Auditing Accounts, three hundred & ninety four pounds
two shillings and Eight pence; To the Messenger of the
Governor & Council, one hundred and seventy eight pounds
one shilling and eight pence; and to the Messenger of the
General Court, one hundred and ten pounds.

And whereas the Treasurer has borrowed upon the
Credit of the Balance due on the specie part of Tax, No.
5, a considerable Sum for the use of this Commonwealth :
and whereas there is but little prospect of refunding the
same, out of the monies arising from the said Tax, it
being nearly anticipated by Orders.

And whereas the Creditors of the Commonwealth, for
the said Sum, have agreed to wave their Security on the
specie part of the said Tax, upon other Funds being ap-
propriated for payment thereof :

Resolved, that the Monies borrowed upon the Credit
of the specie part of the said Tax ; and also the Debt due
Monsr. Penet de Costa, & Co, Merchants in France,
amounting to sixteen thousand, two hundred & eighty
four pounds, thirteen shillings & four pence, shall be
repaid and refunded out of the first monies arising from
the Tax, voted to be laid this Session, after paying and
reimbursing the several Sums, which shall be borrowed
in pursuance of the above Resolution.

And be it further Resolved, that after paying off, and
refunding the monies which shall be borrowed upon the
Credit of the aforesaid first mentioned tax, and also the
monies which have been borrowed Upon the Credit of the
specie part of the said No. 5 Tax, that then the next
monies arising from the said first mentioned Tax, shall be

1787. — February Session. 865

appropriated, as the General Court shall hereafter order;
and the Treasurer is directed to govern himself accord-
ingly. March 25, 1788.

Chapter 79.

RESOLVE ON THE PETITION OF LEMUEL COFFIN, OF NEWBURY
PORT, GRANT TO.

On the petition of Lemuel Coffin, of Newbury Port.

Whereas it appears to have been certified on the 19th
June, 1780, that there was then due to the sd Coffin, the
sum of hvo thousand & sixty pounds, one shilling & ten
pence, old currency, & a warrant was granted for the
same on the same day :

And also whereas on the 19th July, 1783, it was certi-
fied that there was due to the same Lemuel Coffin, the
sum of seven pounds eleven shillings & six pence, as a
balance of pay for his service, as a soldier in y? light
Dragoons, under Lieut. Col. Washington ; & that a war-
rant for the same, was issued on the 18^h day of August,
1783, both of which warrants aforesaid, have been lost
or mislaid in the Secretary's office.

Resolved, That his Excellency the Governor, be, & He
hereby is requested, by and with Advice of Council, to
issue another warrant on the Treasurer of this Common-
wealth, in favor of the said Lemuel Coffin, for the afore-
said sum of two thousand & sixty pounds one shilling and
ten pence, old Currency, in lieu of the warrant first
mentioned, and another warrant for the Sum of seven
pounds eleven shillings & six pence, for his pay for Service
as a Soldier in the light Dragoons, and that the said war-
rants shall be in full of the demands of the said Lemuel
Coffin, for his Services aforementioned.

Resolved, that the warrants first drawn for the said
Sums, be, & they are hereby declared null & void, and
the Treasurer is directed to govern himself accordingly.

March 25, 1788.

Chapter 80.

RESOLVE ON THE SUBJECT OF UNAPPROPRIATED LANDS IN
THE COUNTIES OF CUMBERLAND AND LINCOLN.

Resolved, that a Committee be appointed to examine and
adjust the accounts of the Committee on the subject of

Chap. 79

Chap. 80

866 1787. — February Session.

unappropriated Lands in the Counties of Cumberland &
Lincoln, to the time of the passing of this Resolve :

And Whereas it is necessary that further Powers should
be given to the Committee on the Subject of unappro-
priated lands in the Counties of Cumberland & Lincoln:

Resolved, that John Mead, Esquire and Doctor Daniel
Coney, be joyned to the said Committee, which Commit-
tee, are also hereby appointed a Committee on the subject
of the unappropriated Lands, belonging to this Common-
wealth, in the County of York, for the same purposes,
and with like powers, as have by the several Resolves of
the General Court, been assigned to the said Committee
for the Counties of Cumberland & Lincoln, and their
Commission shall extend to each and every of the said
Counties : and that the said Committee be, and they are
hereby directed to complete a plan or plans, as soon as
may be, of all the located Lands in the Counties aforesaid,
agreable to a Resolve of the General Court, of November
the fifth, 1784, and as far as practicable to mark out the
unlocated Lands, in the aforesaid Counties, into Townships
or Plats of six Miles square, as near as may be, and where
they shall think it to be for the Interest of this Common-
wealth, the said six Miles square into Lotts.

Resolved, that there be reserved in each Township, Four
lotts of three hundred & Twenty Acres each, for public
uses, vizt. — One for the first settled minister; one for the
use of the ministry ; one for the use of schools, and one
for the future Appropriation of the General Court ; the
said Lots to average in goodness & situation with the
Lands in such Township, and to be designated in such
way and manner, as the said Committee shall judge proper.

Resolved, That there be, and hereby is appropriated to
the building and supporting a public seminary of Learning,
upon such conditions as the Legislature may hereafter
direct, a Tract of Land six miles square, to be laid out to
the northward of Waldo's Patent, and nearly central be-
tween the Two Rivers Kennebeck and Penobscot, as good a
Tract of Land for that purpose, as may be found there,
the same to be surveyed under the direction of the said
Committee, and report thereof made to the General Court.

Resolved, that any of the Lands belonging to this Com-
monwealth, in the Counties aforesaid, may be sold to any
foreigner or Foreigners, who shall contract to settle thereon,
within three years from the purchase, one or more families

1787. — February Session. 867

to each mile square of Land ; and any Foreigner having
resided for the space of Two years on such land, may on
application to the Legislature, be entitled to an Act of
naturalization, he producing a certificate from any two
Justices of the Peace, of the same County, or from the
Selectmen of the Town nearest to such Land, or from
three respectable inhabitants of the same County, that such
Foreigner has, in their opinion, behaved himself, during
that time, as a good member of Society, and is a proper
Candidate for Naturalization.

Resolved, that each settler who settled on any Lands
belonging to this Commonwealth, before the first day of
January, 1784, (and who has not already been confirmed
in his settlements) , & who shall pay the said Committee, for
the use of this Commonwealth, before the first day of June,
1789, Five Spanish milled Dollars, shall be entitled to a
Deed of one hundred Acres of Land, the same to be sur-
veyed and laid out so as to include his improvements, and
be least injurious to the adjoining land ; such survey to be
under the direction of the said Committee and at the ex-
pence of such settler.

Resolved, That the Committee aforesaid, or the major
part of them, be, and they are hereby authorized and
directed, to sell the aforesaid unappropriated Lands in any
of the said Counties, for the Consolidated notes of this
State, or otherwise in Specie, and in such quantities, and
on such Terms as they shall judge most for the Interest of
the Commonwealth, any Resolve to the contrary notwith-
standing, and the said Committee, or the major part of
them, are further authorized, to appoint such Agents in
the Counties aforesaid, as they may Judge necessary, to
expedite the Sale of the said Lands ; and the said Com-
mittee shall be allowed Two per Cent, in the same sort of
pay as shall by them be received for Lands they may sell
as aforesaid, in full compensation for their services in the
said Business, & that of the Agents which they may
appoint ; The expence of Surveying, to be borne by the
State, and all the Lands the said Committee shall sell as
aforesaid, shall be exempt from Taxes, for the space of
Ten years.

Resolved, That where a minute description of the quality,
and circumstances of any of the said Lands cannot be
ascertained without a greater Expence, than would prob-
ably compensate the profits that may arise therefrom, in

868 1787. — February Session.

such case, the said Committee may dispose of the same,
any Resolve to the Contrary notwithstanding.

March 26, 1788.

Chap

Chapter 81.

g^ RESOLVE ON THE PETITION OF WILLIAM ROGERS, AUTHORIZING
HIM TO MAKE SALE OF THE REAL ESTATE MENTIONED.

On the Petition of William Rogers, praying for liberty
to sell a certain tract of Land mentioned in said Petition :

Resolved, that the prayer of the petition be granted, &
the said William Rogers, be, and he is hereby authorized
and empowered to make Sale of the real estate mentioned
in his said Petition, for the most the same will fetch, and
make and execute a good and lawful deed or Deeds, to the
purchaser or purchasers thereof, he first giving sufficient
security to the Judge of Probate, for the County of
Hampshire, to pay one third part of the monies arising
from the Sale thereof, to his Daughter Silence, who is
already married, and the other two third parts thereof to
his son, John, who is a minor, with the interest arising
thereon, when he shall arrive to the age of twenty one
years. March 26, 1788.

Chap. 82

Chapter 82.

RESOLVE ON THE PETITION OF LEVI THAYER, DECLARING
NULL AND VOID A CERTAIN JUDGMENT AND ANY EXECU-
TION ISSUED, AND GIVING HIM LIBERTY TO ENTER HIS
ACTION AT THE NEXT COURT OF COMMON PLEAS, FOR THE
COUNTY OF WORCESTER.

On the Petition of Levi Thayer, praying that a Judge-
ment recovered against him, by David Thayer, at a Court
of Common Pleas held at Worcester, on the last tuesday
of March, One thousand seven hundred and eighty six,
may be set aside, for reasons mentioned in the said Petition.

Resolved, that the prayer of the said Petition be granted,
and that the said Judgment and any Execution issued
thereon, and all proceedings on any such Execution be,
and hereby are declared & made Null and Void, and
that the said David Thayer, may enter his Action on
which the said Judgment was founded, at the next Court
of Common Pleas for the said County of Worcester, and
that any Attachment made on the said Action be held good

1787. — February Session. 869

and valid, and that the same proceedings shall be had
thereon, as tho the said Action had been regularly con-
tinued in the said Court to the said next term.

March 26, 1788.

Chapter 83.

RESOLVE DIRECTING THE TREASURER NOT TO ISSUE ANY (JJiaV 83
PAPER SECURITY ON TAX No. 6, PASSED THIS SESSION. * '

Whereas by a Resolve passed the General Court, the
21st instant, the Treasurer of this Commonwealth is di-
rected to borrow on the Credit of the Tax granted the
present Session, the sum of thirteen thousand jive hundred
and sixty seven pounds sixteen shillings and four pence and
whereas it is of the utmost importance, that no order,
Certificate, due Bill, or any other paper security, should
be given by, or in the name of the Treasurer, on account
of the sakl Tax, whereby unrighteous advantages may be
taken of necessitous and ignorant persons.

Resolved, that the Treasurer of this Commonwealth,
be, and he hereby is directed, not to give out, or permit
to be given out of the Treasury office, on account of the
said Tax, any order, Certificate, due Bill, or other paper
security, except for specie really paid, on account of the
said Tax, either on loan or on collection thereof.

And it is further Resolved, that any and every order,
certificate, due Bill or other paper security, issued from
the Treasury, on account of the said Tax, other than for
specie, actually paid in as aforesaid, shall be null & void.

March 27, 1788.

Chapter 84.

HESOLVE ON THE PETITION OF JOHN ALLAN, CONFIRMING A Qha7) Q±
TOWNSHIP No. TWELVE, SO CALLED, IN THE BAY OF PAS- * '

SAMAQUODT, ON CERTAIN CONDITIONS.

On the petition of John Allan, Esqr.

Resolved, for Reasons set forth in the said Petition,
that Township No. Twelve, so called, in the Bay of Pas-
samaquody , Be, and is hereby granted & confirmed unto
the said John Allan, His Heirs & assigns for ever, upon
the following conditions, that the said John Allan, Lay
out and appropriate unto Lewis Fredk. Delesdernier, One
thousand Acres, James Avery, William Alby and John

870 1787. — February Session.

Preble, Five Hundred Acres each, Elijah Ayer, Two
Hundred Acres, Josiali Flay, Samuel Runnells andGideon
Delesdernier, One Hundred and fifty Acres each, Joseph
Delleivay, Doctor Edwards, Davis Bryan, Bartholemy
Bryan, John Bryan, Jonathan JSFyles, Josiah Libby and
Thomas Harvey, One hundred Acres Each : also the said
Allan, to pay the sum of three hundred pounds, on or
before the first day of March, which will be in the year
of Our Lord One thousand seven hundred & ninety five,
And that the Committee for the sale of the Eastern Lands,
deliver a Deed accordingly, saving always, that any Quan-
tity of the aforesaid Lands, not exceeding six thousand
Acres, be reserved for those persons that may be already
settled on the same, they paying severally their Parts of
the sum of three hundred pounds aforesaid, in proportion
as they shall receive of the six thousand Acres aforesaid,
saving also, there shall be reserved four hundred Acres,
for the use of the ministry, to be laid out near the centre,
and four hundred acres for the support of a School, in the
said Town. March 27, 1788.

Chapter 85.
Char) 85 RES0LVE 0N THE petition of charles Goodrich, esq.

■^' APPOINTING A COMMITTEE OF THE GENERAL COURT, TO

EXAMINE THE CONDITIONS OF THE GRANT MENTIONED.

On the Petition of Charles Goodrich, Esqr. Setting
forth, that by the line lately established between this
Commonwealth, and the State of New York, he has lost
a considerable quantity of Land, formerly Granted to
him, (and others, under whom he claims) by the late
Province of Massachusetts Bay, and praying for compen-
sation therefore.

Whereas it appears that some of the lands Granted to
the Petitioner, by the late Province of Massachusetts Bay,
was Granted on certain conditions, in Case the Govern-
ment line should interfere : Therefore

Resolved, that Thompson J. Skinner, Esqr. Elijah
Williams, Esqr. and Mr. Henry Badger, be a Committee
to examine the conditions of the said Grants, view the
Premises, and report to the General Court, on the third
Wednesday of their next Sessions, what sum they shall
Judge reasonable to be allowed to Charles Goodrich,
Esquire for the loss he has sustained, by the establish-

1787. — February Session. 871

inent of the line aforesaid, the said Goodrich paying the
charges of the said Committee. March 28, 1788.

Chapter 86.

RESOLVE ON THE MEMORIAL OF JOHN FESSENDEN, IN BEHALF QhaV 86
OF ISAAC THOMPSON, A COLLECTOR FROM PRINCETON, ^'

GRANT TO.

On the Memorial of John Fessenden, in behalf of
Isaac Thompson, a Collector for Princeton, in the County
of Worcester.

Resolved, that there be allowed & paid out of the
Public Treasury of this Commonwealth, unto the said
Isaac TJiompson, the sum of six pounds three shillings
and two pence, the same being for Taxes, on the Estates
of Timothy Ruggles, and ElisJia Jones, Esquires, ab-
sentees, which could not be collected. March 28, 1788.

Chapter 87.

RESOLVE ON THE PETITION OF JOHN MURRAY, INDEMNIFYING Cjhar) Q7
HIM FROM ALL PENALTIES INCURRED ON ACCOUNT OF HIS ^'

HAVING SOLEMNIZED ANY MARRIAGES.

Whereas John Murray, and others, have represented
to this Court, that the said Murray, esteeming himself
legally qualified, had solemnized certain marriages, and
that by a decision had in the Supreme Judicial Court, it
was determined that the said Murray had no such Author-
ity, praying that he may be indemnified :

Resolved, that the said John Murray, be, & he hereby is
indemnified from all the pains and penalties which he may
have incurred, on account of having solemnized any Mar-
riages as aforesaid, for which there has not been any prose-
cution commenced or had And the said Murray may
upon trial, for any of the Offences aforesaid, give this
resolution in evidence upon the general Issue, which shall
have the same operation as if specially pleaded.

March 27, 1788.

Chapter 88.

RESOLVE ON THE PETITION OF BENJAMIN PEABODY.

Upon the petition of Benjamin Peabody, adminis-
trator of the estates of Elijah Wilkins, and Mary Wilkins:
Resolved, that the said Benjamin, be, and he is hereby

Chap. 88

872 1787. — February Session.

fully Authorized and impowered to sell at Publick Ven-
due, all the real Estates of the said Elijah Wilhins, &
Mary Wilhins, and good & sufficient deeds thereof, to
make & execute, he the said Benjamin cornptying in other
respects with the Laws, relating to the sale of real Estates
by Administrators, and giving bond previous to such sale,
with sureties, to the Judge of Probate, of Essex county,
for the faithful discharge of his trust, and to be account-
able to the said Judge of Probate, for the proceeds thereof
according to Law. March 27, 1788.

Chap.

Chapter 89.

g9 RESOLVE DIRECTING THE TREASURER TO RECEIVE OF THE
COLLECTORS OF TAXES THE SUMS DUE FROM THEM IN DIS-
CHARGE OF ANY TAX, WITHOUT OBLIGING THEM TO TAKE

AN OATH.

Whereas unnecessary embarrassments arise, from the
nature of the oaths which the collectors of taxes are
obliged to take :

Therefore Resolved, that the Treasurer of this Com-
monwealth, and the Sheriffs of the several Counties, be,
and they are hereby ordered and directed to receive of
the collectors of taxes, the sums respectively due from
them in discharge of any tax now laid and assessed upon
the citizens of this Commonwealth, without obliging them
to take any oath or oaths heretofore administered, any
law or resolution to the contrary notwithstanding.

March 27, 1788.

Chapter 90.

Chan 90 RES0LVE establishing the pay of the delegates, who

-^ ' * ATTENDED THE LATE CONVENTION, AT PHILADELPHIA.

Whereas it appears to this Court, that the delegates
from this State, who have lately attended the Convention
at Philadelphia, for the purpose of revising the federal
Constitution, of these United States, have been exposed
to uncommon expences, from the peculiar nature of that
service.

It is therefore Resolved, that the sum of Thirty shillinr/s
a day, be payed from the treasury of this Commonwealth,
to each of those gentlemen, who have been engaged in
this business. March 28, 1788.

1787. — February Session. 873

Chapter 91.

EESOLVE DIRECTING THE DELEGATES IN CONGRESS, TO PRO- (JJiaj). 91
CURE A COPY OF THE PLAN OF THE LATE COMMISSIONERS, 1 '

APPOINTED TO RUN THE LINE BETWEEN THIS COMMON-
WEALTH AND THE STATE OF NEW-YORK, EAST OF HUDSON'S
RIVER, AND TO FORWARD THE SAME, TO THE SECRETARY'S
OFFICE, AND ALLOWING THEM PAY FOR ANY EXPENCE
THEY SHALL BE AT.

Resolved, That the Delegates representing this State in
Congress, be & hereby are directed, to procure a copy of
the plan, agreably to the field book of the late commis-
sioners, appoiuted to run the line between this Common-
wealth, and the State of New York, east of Hudson's
river, and that they forward the same, to the Secretary
of this State, and that the said Copy be filed in his office ;
and that the copy of the said commissioners report, and
the entry upon the journals of Congress, respecting the
same, be also filed in the said office.

And it is further Resolved, that there be allowed and
paid out of the public Treasury of this Commonwealth, to
the delegates representing this State in Congress, upon
their application for the same, such sum or sums of
money as may be necessary for procuring the said plan,
and his Excellency the Governor, with advice of the
council, is hereby requested to issue his warrant on the
Treasurer accordingly. March 28, 1788.

Chapter 92.

RESOLVE ON THE GOVERNOR'S MESSAGE OF THE 17th OF
MARCH INSTANT, REQUESTING THE GOVERNOR TO APPOINT
SOME SUITABLE PERSON, TO REPAIR TO PENOBSCOT RIVER,
UPON THE RETURN OF THE INDIANS, AND INSTRUCTING
THE COMMISSIONER THAT SHALL BE APPOINTED.

Whereas the General Court at their sessions, in July
1786, appointed Commissioners, to " treat with the
Penobscot tribe of Indians, respecting their claims to land
on Penobscot river." The Commissioners attended the
services assigned them, met the Indians, & came to a
Solemn agreement with them, respecting the Lands afore-
said, reported their doings to his Excellency the Gover-
nor, which were approved by the General Court, and a
Commissioner was appointed to carry into execution, the
Treaty on the part of this Commonwealth. — When he

Chaf). 92

874 1787. — February Session.

arrived in Penobscot river, with the Articles to be deliv-
ered to the Indians, they were on their fall hunt, and
were not likely to return, till the beginning of the Winter,
this prevented his compleating the business, and made it
necessary for him to store the Goods and leave instruc-
tions for the delivery of them, upon the return of the
Tribe, and take their quit claim, according to the Tenor
of the agreement, for reasons unknown to the State, the
Goods have not been received nor the quit claim given.

And whereas it appears, that the said Tribe of indians,
are greatly dissatisfied from the loss of one of their men,
said to have been murdered by one of the White inhabit-
ants, who had been on a hunt with some of them ; and
that the supposed Criminal has not been punished ; and it
being of importance to this Commonwealth, and to the
peace and happiness of our new settlements, that the
indians be convinced that they may at all times, depend
upon the most perfect Justice from this State :

Resolved, that his Excellency the governor, with the
advice of Council, be, and he hereby is requested to
appoint some suitable person, to repair to penobscot River,
upon the return of the Indians from their spring hunt,
and take into his possession the blankets, and the several
Articles of public property, designed for the Indians, now
in the hands of Mr. John Lee, of Township No. 3, on
that river, & proceed with them, to some place where it
shall be most convenient to meet the indians, & for them
to receive the goods, state to them the agreement made
with them by the Commissioners, tender to them the
articles promised by government, & urge a compliance
with the Terms of agreement on their part.

Resolved, that the Commissioner, which may be ap-
pointed as aforesaid, be instructed to assure the said tribe
of the friendly disposition of this Commonwealth, towards
them, that they are considered as our brethren, that we
are made exceedingly unhappy, by the melancholly event
which took place the last spring, that the State will give
every assistance in its power, to bring the Criminals to
Justice : That we will aid the Tribe in their prosecution,
and that we will find them provisions, and some proper
person to attend them with provisions, and every thing
necessary, to enable the relations of the deceased, to attend
the Trial, at the next Supreme Court, to be holden in
potvnalborougk.

1787. — February Session. 875

Whereas great complaints have been made by the
Penobscot Tribe of Indians, as will appear by the com-
missioners' report, September 1786, that they have been
defrauded by a person residing among them, as their
priest, and whereas it is of importance, to attend to all
the Just complaints of the said Tribe :

Be it Resolved, that the Commissioner, which may be
appointed as aforesaid, be instructed to enquire into the
nature and grounds of the complaint, and if thereon he
shall find it supported, to take such legal measures
respecting it, as shall in the most certain and speedy
way, do justice to the complainants.

Resolved, that his Excellency the Governor, with the
advice of Council, issue a Warrant, on the Treasurer, in
favour of the Commissioner, (he to be accountable for the
expenditure of the same) the sum of not more than fifty
Pounds, to enable him to execute his Commission, and to
support the Indians, in bringing forward their process,
against the supposed delinquents. March 28, 1788.

Chapter 93.

RESOLVE DIRECTING THE TREASURER, TO DRAW ORDERS IN Chap. 93
FAVOUR OF THE MEMBERS AND OTHERS. 1 '

Whereas it appears, that many Members of this Court,
did not receive Orders on Collectors for their Pay, agree-
ably to a Resolve of July 6, 1787.

Resolved, That the Treasurer of this Commonwealth,
be, & he is hereby directed to pay in Orders, on the
Specie part of the Tax, granted in the year One Thousand
seven hundred & Eighty six, to such members of this
General Court, as may chuse to receive the same, for
their travel & attendance the last May Session, any Law
or Resolve to the Contrary notwithstanding.

And be it further Resolved, That if any Member of this
Court, shall chuse to receive orders as aforesaid, for his
pay & Travel, the last & present session, the Treasurer
be, and he is hereby directed to draw them accordingly.

And Whereas by a Resolve, of this present session, the
Treasurer is directed to borrow Thirteen Thousand five
hundred & sixty seven pounds 16/4, for the paying off
arrearages to the present General Court, & other pur-
poses :

Resolved, That this Court's proportion of any monies,

876 1787. — February Session.

which may be so borrowed, be equally apportioned to
the payment of the Members of the Court, for their Travel
and attendance, the last & present session.

And it is further Resolved, that if any member of the
late Convention of this Commonwealth, shall chuse to
receive orders as aforesaid, the Treasurer be, and he is
hereby authorized & directed to draw them accordingly.

And whereas an appropriation was made, to discharge
the respective Rolls of the Officers & Soldiers of the late
army, employed in the service of, this Commonwealth,
and the Quartermaster & Commissary's department, out
of the Specie part of Tax No. 5, which appears to be
insufficient for that purpose : Therefore

Resolved, that the Treasurer be, and he hereby is
directed, to issue Orders on any Collectors of the Tax,
Granted in March 1786, who may not have settled their
Collections with the Treasurer, in favour of such Officers
& Soldiers, whose Rolls have not been discharged, out of
the former appropriation, and to such persons as have
demands on the Quartermaster and Commissary's depart-
ment, Any Law or Resolve to the Contrary notwith-
standing. March 28, 1788.

Chap

Chapter 94.

QA RESOLVE ON THE PETITION OF BENJAMIN JOSLTN, DIRECT-
ING THE TREASURER TO STAY ANY FURTHER EXECUTION
AGAINST THE TOWN OF NEW BRAINTREE.

On the Petition of Benjamin Joslyn, in behalf of the
Town of New Braintree, praying that further Execution
on the tax of the said Town, for the year 1783, may be
stayed.

Resolved, for Reasons set forth in the Petition, that the
Treasurer be, and he is hereby directed, to stay any fur-
ther Execution, against the said Town, for the Tax of the
year 1783, for the space of Six Months.

March 28, 1788.

Chapter 95.

Char> 95 RES0LVE 0N THE petition of caleb hyde, esq. abating

* ' THE TOWN OF LENOX, A CERTAIN SUM.

On the Petition of Caleb Hyde, Esqr. praying for the
abatement of a fine, laid on the Town of Lenox, for the De-
ficiency of one man, Required by a Resolve of the second

1787. — February Session. 877

of December, 1780 : for Reasons set forth in the said
Petition,

Resolved, that there be abated to the Town of Lenox,
the sum of fifty pounds, out of the sum which is assessed
on the said Town, for a Deficiency of one three years
man, Required by a Resolution of the General Court,
passed the 2C- of December 1780 ; & the Treasurer is hereby
directed to Govern himself accordingly.

March 28, 1788.

Chapter 96.

RESOLVE APPOINTING THE COMMITTEE FOR AUDITING PUBLIC Qhaj) QQ
ACCOUNTS, TO EXAMINE THE ACCOUNTS OF THE COMMITTEE * '

ON EASTERN LANDS.

Resolved, That the Committee for auditing of public
Accounts, be a Committee for examining and adjusting
the Accounts of the Committee on the Subject of unap-
propriated Lands, to the 26th Instant, not before adjusted.

March 28, 1788.

Chapter 97.

RESOLVE ON THE PETITION OF FISHER AMES, ESQ.

On the petition of .Fisher Ames, Esqr. in behalf of
Hannah Metcalf, praying that the benefits of a Resolve
of this Court, passed the fifth day of November last, may
be extended to her, for reasons mentioned in the said
petition,

Resolved, that the prayer of the said petition be granted,
and that the Judgment mentioned therein, which was ren-
dered by the Court of Common Pleas, holden at Boston,
wTithin and for the County of Suffolk, on the first Tuesday
of Jidy last, in favour of one Giles Goddard, be, and the
same is hereby annulled and reversed ; and the writ of
Habere Facias Possessionem, which issued thereon, and
all proceedings in pursuance thereof, are hereby rendered
null and void ; and the Clerk of the said Court of Com-
mon Pleas is hereby directed to carry forward the said
Action, for the next July term, of the said Court, in the
same manner, as if the action had been regularly con-
tinued from the first Tuesday of January last, and had
not then been dismissed. And the said Hannah Metcalf,
shall be admited a party to take upon her, with the said

Chap. 97

878 1787. — February Session.

Ebenezer Goddard, the Defence of the said Suit, and
thereupon the same proceedings shall be had (except as
is herein after Resolved). And said Court of Common
Pleas, and the Supreme Judicial Court, in case the same
shall be carried there, shall have cognizance thereof in
like manner as if the same cause had not been defaulted
and dismissed, as mentioned in the said petition, and the
said Hannah had been an original Defendant with the
said Ebenezer Goddard.

And whereas the said Giles Goddard hath taken pos-
session of the premises as aforesaid, and it was the true
intent of the said Resolve of the fifth day of November
last, upon the said Hannah Metcalf s petition, that she
should be restored to her possession of the premises, in
case the said Giles Goddard, should fail in his action
aforesaid :

Therefore Be it Resolved, that in case the said Giles
Goddard, shall not prosecute his said Action, or shall not
prevail therein, the said Court of Common Pleas, and the
Supreme Judicial Court, where the said Cause may be
carried, are hereby respectively required and directed,
to render Judgment in favour of the said Defendants, for
their possession and Costs of Suit, and to award the writ
of Habere Facias Possessionem accordingly, in like man-
ner, as if the said Hannah Metcalf and Ebenezer God-
dard had demanded the same by the writ aforesaid, pro-
vided the said Hannah Metcalf, serve the clerk of the
said Court of Common Pleas, and the said Giles Goddard,
respectively, with an attested coppy of this Resolve,
fourteen days at least, before the first Tuesday of July
next. March 28, 1788.

Chap.

Chapter 98.

qq RESOLVE ON THE PETITION OF JOHN JENKS, DECLARING NULL
° AND VOID A JUDGMENT RECOVERED AGAINST HIM UPON
CONDITION.

On the Petition of John Jenks, praying for the rehear-
ing of a cause in which Judgment was recovered against
him by default, at the Supreme Judicial Court, holden at
Great Barrington, within & for the County of Berk-
shire, on the third Tuesday of March last, in favour of
Samuel Miller, of Adams, in the said County of Berk-
shire.

1787. — February Session. 879

Resolved, for reasons sett forth in his said Petition,
that the aforesaid Judgment, and the execution thereon,
be, and hereby is declared null & void, upon this condi-
tion, that if the said John Jenks, shall enter the said ac-
tion at the Supreme Judicial Court, next to be holden at
Lenox, within and for the County of Berkshire, on the
first Tuesday of October next, and notify the said Samuel
Miller, by serving him with an attested copy of this Re-
solve, Twenty days at the least, before the setting of the
said Court ; then, and in that case, the same proceedings
shall be had in the said Action, as if the same had been
brought to said Court, by appeal from the Court of Com-
mon Pleas. March 28, 1788.

Chapter 99.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN fhan 99
OF DARTMOUTH, ALLOWING THE SHERIFF OF THE COUNTY "'

OF BRISTOL, TO RETURN THE EXECUTIONS IN HIS HANDS
AGAINST CHRISTOPHER ALMY, COLLECTOR, IN PART SATIS-
FIED.

On the petition of the Selectmen of the Town of Dart-
mouth :

Resolved, for reasons set forth in the said petition, that
the Sheriff of the County of Bristol, be allowed to return
the Executions in his hands against Christopher Almy,
Collector for the Town of Dartmouth, in part satisfied ;
any resolution to the contrary notwithstanding ; and the
Treasurer of this Commonwealth, is hereby directed, not
to issue Alias Executions against the said Christopher
Almy, until the last day of May next.

March 28, 1788.

Chapter 100.

RESOLVE DIRECTING THE TREASURER TO DISCHARGE WAR-
RANTS DRAWN IN FAVOUR OF PERSONS WHOSE ACCOUNTS
HAVE BEEN EXAMINED AND ALLOWED BY THE GENERAL
COURT, OUT OF THE TAX, No. 5.

Resolved, That the Treasurer of this Commonwealth
be, and he hereby is directed, to discharge the Warrants
which are, or may be Drawn in favour of Persons whose
Accounts have been or may be examined by the Com-
mittee on Accounts, and allowed by the General Court,
out of the Specie part of the Tax Granted in March, one
thousand seven hundred & Eighty Six.

March 28, 1788.

Chap.100

880 1787. — February Session.

Chapter 101.

Chan 101 RES0LVE 0N the petition of the committees of the

1 ' TOWNS OF DORCHESTER, STOUGHTON AND SHARON.

On the Petition of the Committees of the Towns of
Dorchester, Stoughion & Sharon:

Resolved, for reasons set forth in the s^ Petition, that
the said Towns of Dorchester Sloughton & Sharon, be,
and they hereby are impowered, to sell for the most
the same will fetch, a certain Tract of Land lying in
Declham, known by the name of Dorchester School Farm,
or any part or parcel thereof; to divide the proceeds
thereof, between the si Towns according to their respec-
tive proportions, and are hereby directed, to lodge the
Proceeds or Bonds so divided, with the Treasurers of the
said Towns, the annual Interest whereof shall be applied
by the Select Men of the said Towns to the support of
Schools, agreably to the original Intentions and Designs
of the grantors of the said Land. March 28, 1788.

Chapter 102.

CkaV 102 RES0LVE GRANTING A BOUNTY UPON HEMP, AND OTHER ARTI-
■L CLES RAISED, &c. WITHIN THIS STATE.

Whereas it is necessary to give some further encour-
agement to the growth of Hemp within this Common-
wealth :

Be it therefore Resolved, that there be granted and
paid out of the public Treasury of this Commonwealth,
a Bounty of six shillings, in addition to the bounty
already granted, for every gross hundred weight of good
merchantable Hemp, that shall be raised and manufact-
ured, or Sold for the purpose of being manufactured
within this Commonwealth, by any Citizen of the same,
from the first of April next, under the same provisions &
Restrictions, as contained in a Resolve passed the 8- of
November, 1786, granting a Bounty on Hemp, raised in
this Commonwealth, and the Surveyor of hemp, or Rope
maker, shall ascertain and certify the weight thereof.

And Whereas there are large sums of specie annually
exported for the purchase of foreign Duck, Sail Cloth and
Twine, imported into this Commonwealth and whereas it
will be for the public Benefit, that the said Articles should
be manufactured within this Common Wealth :

1787. — February Session. 881

Be it further Resolved, that there be granted and paid
out of the public Treasury, a Bounty of eight shillings,
for every piece of Topsail Duck, and other Stouter Sail
Cloth, manufactured within this Commonwealth, being
thirty eight yards in length, and twenty eight inches in
breadth, and that the Commissary General, be, and he
hereby is appointed an agent, who is authorized to appoint
one or more Agents under him, to inspect the same, who,
on application of any manufacturer of the said Duck or
Sail Cloth, within this Commonwealth, attended with a
certificate from the Selectmen of the Town where the said
Manufacturer resides, of his being bona fide the Manufact-
urer of the said Duck or Sail Cloth, or that the same was
manufactured by some person or Persons acting for, or
under him, shall proceed to inspect the same, and if found
good and Merchantable as aforesaid, shall give a certificate
thereof, to the person applying as aforesaid, which Cer-
tificate shall intitle the Person presenting it, to the bounty
above mentioned.

Be it further Resolved, that there be granted, and paid
out of the Treasury of this Commonwealth, a Bounty of
Eight shillings, for each and every hundred weight of
Twine, which shall be manufactured within this Common-
wealth, under the same provisions & restrictions as are
contained in the aforegoing resolution.

March 28, 1788.

Chapter 103.

RESOLVE ON THE PETITION OF JONATHAN HALE, IN BEHALF Q'kn^ 1Q3
OF THE TOWN OF FRAMINGHAM, DIRECTING THE TREAS- ^'

URER TO ENDORSE UPON THE NOTE MENTIONED, £.170.

Upon the Petition of Jonathan Hale, in behalf of the
Inhabitants of the Town of Framingham,

Resolved, that the prayer of the Petition, be so far
granted, that the Treasurer of the Commonwealth, be di-
rected to endorse upon the Note Mentioned in the said
Petition, in possession of the said Town abovementioned,
the sum of One hundred & seventy pounds, the Inhabitants
of the said Town agreeing to allow the further sum of
Forty two pounds, ten shillings, being an Allowance for
Interest upon the said sum of One hundred & Seventy
pounds. March 28, 1788.

882 1787. — February Session.

Chapter 104.

Char) 104 RESOLVE FOR adjourning the supreme judicial court,

V' IN MIDDLESEX.

Whereas the second Tuesday of April, (the time by-
law assigned for holding the Supreme Judicial Court, at
Concord, within and for the County of Middlesex) happens
near a Week earlier this year than usual ; and it will prob-
ably be more convenient for all persons having business at
the same Court, that it should be held at a later period.

Be it therefore Resolved, that the Supreme Judicial
Court, which is by Law directed to be holden at Concord,
within and for the County of Middlesex, on the second
Tuesday of April next, be, and hereby is adjourned and
shall be held at Concord, within and for the County of
Middlesex, on the Second Monday, the fourteenth day
of the same Month of April next : And all Suits, processes,
Recognizances, Matters and things Whatsoever, pending
at, Returnable unto, or having day in the Supreme Judicial
Court by law to be holden at Concord, in the County of
Middlesex, on the Second Tuesday of April next, shall
have day, be returnable unto, and be proceded upon in the
same Supreme Judicial Court herein directed to be held at
said Concord, in the same County of Middlesex, on the
second Monday, being the Fourteenth day of April next,
as fully and effectually to every intent and purpose what-
ever, as they might have been on the said second Tuesday
of April, in case this Resolution had never been made ;
of Which Jurors, Suitors, Witnesses, and all other persons
interested or Concerned, are directed to take notice and
govern themselves Accordingly. March 28, 1788.

Chapter 105.

Chap.105 RESOLVE ON THE PETITION OF FRANCIS LE GROSS.

On the petition of Francis Le Gross, setting forth that
the ballance of wages that was due to him for his service
as a soldier, in Coll. Marshalls Regiment, from the year
1776 to 1784, amounted to ninety three pounds fifteen
shillings & eight pence, specie, & was drawn by a person
fraudulently in his name, & without his order or consent, as
appears by the oath of the said Francis Le Gross, & other
concurring evidence :

1787. — February Session. 883

Resolved, that the Treasurer be, & he hereby is directed
to issue a note or notes to the said Francis Le Gross, to
the amount of the wages due to him as aforesaid, in the
manner prescribed by law. March 29, 1788.

ChapAOG

Chapter 106.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE
TOWN OF ADAMS, ALLOWING THEM FURTHER TIME FOR
THE COLLECTORS TO DISCHARGE THE ARREARS DUE FROM
THEM ON CERTAIN TAXES.

On the Petition of the Selectmen of the Town of Adams,
praying that a further time may be allowed Oliver Parker,
a Defective Collector of taxes, in Said Town, to discharge
the Arrears of taxes committed to him to Collect :

Resolved, for Reasons set forth in the Said Petition,
that the further time of nine months from the passing this
resolution, be allowed the Said Town of Adams, and the
Said Oliver Parker, Collector for the same, To Discharge
the Arrears Due from them, on the tax granted in Octo?,
1781, And on tax Number four. And the Treasurer of
this Commonwealth, and the Sheriff of the County
of Berkshire, are directed to govern themselves Accord-
ingly. March 29, 1788.

Chapter 107.*

RESOLVE ON THE PETITION OF JAMES PERRY, OF E ASTON, TO QhaV 107
NOTIFY THE ADVERSE PARTY TO SHEW CAUSE. * *

On the petition of James Perry, of Easton, in the
County Bristol, praying for a rehearing in an action
brought against him by Samuel Morey, of Norton, at a
Court of Common Pleas, holden at Taunton, within & for
the County aforesaid, on the second Tuesday of March,
1788, for reasons set forth in his petition :

Resolved, that the said James Perry, notify the said
Samuel Morey, by serving him with an attested copy of
his petition, and this resolve thereon, fifteen days at least
before the third Wednesday of the next sessions of the
General Court, that he may then shew cause, if any he
has, why the prayer of the said petition should not be
granted, and that execution be stayed in the mean time.

March 29, 1788.
* Taken from court record.

884 1787. — February Session.

Chap.108

Chapter 108.

ROLL No. 11.

The committee on accounts have examined & passed
upon the accounts now presented, & find that ye sums
reported, & set against the towns & persons hereafter
named, are due to them ; and if allowed, will be in full
discharge of the accounts exhibited.

Joseph Hosmer, per order.

To jl Town of Milton, on account of an Indian Woman,
Abigail Hill, in March, 1782, & y| month of April
following, to yi 17th, who was Sick ; which accoimt
was allowed by a former Committee, and an order
upon yc: Treasurer given, but not answered, . . £.10 3 0

To William Harris, for engrossing y| federal Constitu-
tion and amendments of ye= late Convention, on
Parchment, & out of office Hours, as certified by yf
Secretary of ye Convention, 0 12 0

To yj Hon-b^. Seih Washburn, 1 15 0

To David Harwood, 18 0

To Thomas M Baker, 18 0

A Committee appointed by ye General Court, in OcK ,
1787, to repair to ye Town of Grafton, & to settle with
ye trustees & Indians ; for their Services, .

To ye Town of Marlborough, for Supplies to Ephraim
Breed' 's family, ye poor of y° Town of Charlesloivn,
from Oct: 1, 1786^ to Oct: 1, 1787, .... 214

To ye Town of Holislon, for supporting Wilson Chamber-
laine, one of y? Poor of Charlestown, from y| 1st of
Nov: 1787, to ye; 1st of Nov: , 1788, . . . . 17 13 0

To Thomas Gates, of Stow, for Boarding Mary Bird, one
of ye Charlestoivn Poor, from Decr 10, 1786, to Janv 7,
1788, ;...". 4 19 4

To the Town of Medfield, on account of George Turner,
& wife, & four children, to ye 1st of March 1786, &
allowed by a former Committee, and an oi'der upon
the Treasurer, but not answered, ye Poor of ye Com-
monwealth, 43 9 6

To ye same town, for ye same family, from ye first of

March 1786, to y(; first of March 1787, for Supplies, . 6 17 6

To the Town of Beading, for Supplies afforded Joseph
Pervoo, one of the State's Poor, from 2d of April, 1787,
to ye 3d of yc= March, 1788 8 6 6

To the same Town, for Boarding or Supplying ye follow-
ing Persons the poor of Charlestown, from Janv= 1,

1787, to Janv 3, 1788, Viz.

Eliz't Pierce, £7. 16*. Elizt0rr,£2.& Mary Kalla,£l0.8s. 20 4 0
To y<L Town of Concord, for supporting three Children
of William Baron, a foreigner, & one of y? State's
Poor, from ye 17th of Janv= 1787, to y<i 17th of Janv ,

1788, . 23 8 0

1787. — February Session. 885

To David Poor, for his services in 1787, & expences, by
order of General Warner, £.296

To y| Town of Windsor, for Services, & Expences, in
Novl 1787, in yf public Service, in transporting Men
& Provision, 3 12 0

To Thomas B. Wait, for Printing by Order of Govern-
ment, to Feb. 12, 1788, 33 12 8

To ye= Town of Chesterfield, for supporting a Pauper of
y^ Commonwealth in 1784, which Ace* has been before
yf House & passed, but not answered, . . . . 10 0 0

To William Warner, for a Horse, & Expences in ye pub-
lic Service, in Feb1'. , 1787, and certified by General
Warner, ..' 236

To William Titcomb, for his Services as Aid to General

Titcomb, in 1786 & 1787, and certified by the General, 12 8 6

To yt Town of Billerica, for supporting Elizf Lamson,
one of yc; Poor of Charlestown, from ye 16th of Novr.
1787, to y? 16th of Feb*. , 1788, .."..'. 540

To Docf; Charles Whitman, of Stoiv, for his Bill on
account of yf wife of Ephraim Breed, of Charlestoxon,
one of yer Charlestown Poor, in May 1784, . . . 1 2 10

To the Town of Lexington, for Boarding and Nursing
Sarah Fowle, one of yc; poor of Charlestown, & to be
paid to Jonathan Smith, from Octr_ 1, 1787, to Janv. 1,
1788, . . " . 5 17 0

To Samuel Lawrence, for Boarding and Nursing William
Martin, one of ye State's Poor, from Nov*: 29, to Decr_
12, 1785, by order of ye Selectmen of Groton, . . 16 0

To John Greenleaf, an Aid to General Titcomb, for Ser-
vices by his Order, in Octt 1786, and till JanK 1787,
such as carrying Expresses, 5 10 0

To Carpenter Greenwood, in Feb'1. 1787, for ye same Ser-
vices & Expences by Order, 1116

To ElizxJi Johnson, for boarding herself, Anna Rand, &
Eliz^ Whittemore, all of them Charlestown Poor, from
Oct? 21, 1787, to March 9, 1788, 19 0 0

To Daniel Robbins, for boarding Salla Davis, one of ye
State's Poor, from ye Date of ye last allowance, to y?_
5th of July, 1785, & Board from that time, to the 11th
of Feb'i 1788 £12. 6s. to ye said Daniel Robbins, & £21.
12s. to Saml Copp, these being two Accounts, & one
in favour of each Person, 33 18 0

To John Eliot, of East Hampton, for Boarding Rebecca
Gardner, one of ye State's Poor, from ye 27th of April,
1787, to ye 16th of" Feb'i 1788, . ." . . 15 15 0

To William Howard, for carrying Expresses for General

Titcomb, in Feb". 1787, 1 11 6

To John Austin, keejjer of yf. Magazine at Cambridge,
from yf. 1st of July 1785, to ye 29th of Feb". 1788, for
his Services ; properly certified, 32 0 0

To the Town of Mendon, for boarding James Thompson,
one of ye State's Poor, from ye first of March to ye
first of Sept. 1787, . . . . . . 12 7 8

To ye Town of Westborough, for Boarding John Schude-
more, another of j'l State's Poor, from y£ first of April
to ye first of Octt 1787, . . . ." . . . 6 10 0

886

1787. — February Session.

To yS same Town, on account of y! same Person, from
the first of Octl 1787, to yf first of Jan» 1788,

To Jonathan Harris, for Articles furnished yf board of
War in 1780, and certified by Mess'rs Deming and
Boyer, to be due to him and committed to ye Com-
mittee on accounts by both Houses in yf present
Session,

To Edmund Bridge, Esqr. Sheriff in yf County of Lincoln,
for a short allowance in his Acc^. that was passed
in Nov? last,

To the Town of Dracut, for Board, Nursing, Doctfi Bill,
&c. on account of John Hancock & his Wife, State's
Poor, from June 25th 1787, to March 5th 1788, .

To y£ Town of Hopkinton, for Boarding Patience Bond-
ily from yf 15th of May 1786, to yf 8th of Novr: 1787,
one of the State's Poor,

To Eliz^ Leman, one of j2 Charlestown Poor for her
Board, from y? 14th of NovZ 1787, to jl 13th of March

1788, ..........

To Samuel Woodbury, for carrying out of yf State, by
Order, in January last, Alice Cary, & her Daughter,
State's Poor, including Sleigh & Expences,

To Deacon John Simpkins, for 2 Ruggs delivered Mr.
Otis, Goaler, for yf use of State Prisoners, Deer 4th
1786, ..."

To John Austin, for Board for Himself & Wife, Charles-
town Poor, from Octl 24th 1787, to March 24, 1788, .

To Isaiah Thomas, for Printing by Order, from DeCl
14th, 1786, to yf 11th of April, 1787, .

To Doctr James Hawes, for Visits & Medicines, on
account of jt wife of Robert Scott, one of the Poor of
Charlestown', from Jan'!, 1786, to Dec: 26th, 1787,

To DoctE. Oliver Prescott, for Attendance & Medicines
on account of John Drummond, one of y£ State's Poor
in March & April, 1783, . . .

To Eliz'.h Osborne, one of y£ Charlestoivn Poor, for Board
from March 13th, 1787, 13 weeks,

To Daniel Munn, for boarding one Phillipts, a wounded
Man, in JanH and Feb'-1. 1787, properly certified, .

To the Town of Pepperrell, for supporting George
Marston's Family, State's Poor, & for removing them
out of yf State, from June 1787, to March 1788, which
matters are sufficiently certified,

To the Town of Hardwick, for supporting Mary Brad-
shaiv, one of yf State's Poor, from Dec. , 1785, to Jan".
8th, 1788, & charge of removal out of yf State, .

To James Kettle, for boarding Sarah ('all, one of yf
Poor of Charlestown, from June 27th, 1787, to March
16th, 1788, with some supplies,

To Rufus Trask, for Services, by order of Government
in Dec. , 1787, to wit, carrying the new form of Govern-
ment to several Towns,

To Daniel White, for yf same Services, and about yf
same time, .

To Coll. John Tiller, Deputy Adjutant General, in yf
County of Suffolk, for Services certified by the Major
General, in Feb\ and March last,

£.5 0 7

66 6 9

5 13 4

39 4 10

9 5 0

4 5 0

1 10 0

3 0 0

10 15 0

41 11 0

17 8

0 13 4

7 13 0'

3 16 6

58 10 0

17 4 2

12 0 8

13 6

10 8

25 4 0

1787. — February Session. 887

To Catherine Kettle, for boarding the Widow Souther,
one of y| Poor of Charlestown, from y| 1st of Octr ,

1787, to yf 17th of March, 1788, . . . .".£.7 4 0
To John Carter, for boarding Mahetable Carter, another

of yf Charlestown Poor, from y2 1st of Jan'-l , 1787, to

ye 1st of Jan* , 1788, . . " . . .' . . 13 0 0

To the Selectmen of Charlestoton, for supporting yff
Poor of ye Town, agreeable to y£ order of the General
Court, from OctL 1st, 1787, to March 1st, 1788, exclusive
of those that are supported by yf Town, . . . 232 16 10

To Zephaniah Webster, Printer, for printing for yf Com-
monwealth, by order, from NovZ 6th, 1787, to Dec^ 24th, 8 11 0

To Caleb Manning, for yf board of Eliz1^ Sweetser, one
of y£ Poor of Charlestown, from the 26th of OctL 1786,
to yf 15th of March, 1788, . . . . ~ . . 18 0 0

To yf Selectmen of Walpole, for Supporting, Doct™ Bill,
<fe on account of ye Widow Hannah Lawrence, one of the
State's Poor, from y£ 1st of Feb* , 1787, to ye_ 26th of
.Tan* 1788, . . " . 26 6 10

To yf Town of Lincoln, for Board & Nursing George
Montgomery, William Oar, & Thomas Pocock, State's
Poor, from yf 28th of Nov* , 1787, to ye 29th of Feb". ,

1788, . " . . " . . ." . ' . 12 18 4
To yf Town of Framingham, for Advances, Board, &

Doctfl bills on the account of Mahetable Saunders, a

State's Poor, from Augi 15th, 1787, to March, 10, 1788, 217 2

To the Town of Weston, for Boarding & Nursing Lydia
Breed & Philadelphia Breed, yf. Poor of Charlestown,
with extraordinary Expence on account of yf former,
from yf 2d Novr=, 1787, to yf 22d of Febu last," . . 17 6 0

To Thomas Parsons, Deputy Sheriff, for his Travel, Time
& Expences in distributing yf new form of Govern-
ment, going to ten Towns, last fall, . . . . 17 9

To the Town of Brookfield, for Board & Doctff. Bills, on
account of Matthew Cross, one of ye Poor of y£ Com-
monwealth, from Novt 10, 1787, to Feby 11, 1788, . 20 4 10
' Toyf Selectmen of Watertow?i, forBo&rdmg Buth Mallett,
to yf 1st Feb'! 1786, one of yf Charlestown Poor, before
allowed but not paid, and yf. Order remaining, . . 15 19 4

To ye same Selectmen, for y! same Person, from yf 1st

Fem , 1786, to yf 1st Feb'[ , 1788, . . . . " . 17 9 4

To William Batter, Printer, Northampton, from Feb". ,
1787, to FebH 19th, 1788, for Printing by Order of
Government, 51 11 3

To Simon Stow, for his Services as Agent to yf Estate
of Henry Barnes, & for Supplies to an old Negro
Woman, from yf 14th of NovZ, 1787, to March 28, 1788,
including extraordinary Expences, . . . . 16 3 2

£.1133 15 8

Read & thereupon Resolved, that his Excellency the
Governor, with the advice of Council, be requested to
issue his Warrant on the Treasury for the payment of the
several persons borne on this Roll, the sums set against

888 1787. — February Session.

their names respectively, amounting in the whole to Eleven
hundred & thirty three pounds, fifteen shillings & eight
pence. March 29, 1788.

Chapter 109.

Chav.109 RESOLVE AUTHORIZING the committee appointed by a

*' RESOLVE OF NOVEMBER 9, 1788, TO REPAIR TO THE TOWN

OF HANCOCK, TO COMPLEAT THEIR BUSINESS.

Whereas the Committee of both Houses Appointed by
the resolution of JVov^ 9, 1787, were prevented from
repairing to the Town of Hancock, to perform the business
Assigned by the said resolve, within the time Limited in
the Same, by reason of Some of the Committee attending
the State Convention :

Resolved, That the Said Committee Be, And hereby
Are Authorized to compleat the business Assigned them,
by the Said Resolve ; And make report of their Doings
to the first Session of the next General Court, in the Same
manner they were Directed, by the Said resolve, to make
report to the present Sessions. March 29, 1788.

Chapter 110.

Chajy.llO resolve directing the treasurer to pay the committee
1 ' on accounts, in the same manner as the members of

the general court are paid.

Resolved, that y? Treasurer of this Commonwealth be,
& he is hereby directed to pay out of y? public Treasury,
in y? same manner the Members of y? General Court shall
be paid, to y? Committee on Accounts, for their Services,
for y? whole of the last & present Session of the General
Court, agreeable to the allowance always made them, viz.
To the HonSl! . Joseph Hosmer, Esqr. Five Pounds Six
shillings & six pence-, to John C amies, Esqr. the same
Sum ; And to y? Hon^f. Noah Goodman, Esqr. who
attended only part of the last Sessions, One Pound four
shillings, which shall be in full Discharge for their aforsf
Services, in addition to their Pay as Members of y? General
Court. March 29, 1788.

Chapter 111.

Chai) 111 RES0LVE RESPECTING TOWN OFFICERS TAKING THE OATH OF
* " ALLEGIANCE, ALLOWING THEM A LONGER TIME, THAN PRE-

SCRIBED IN THE RESOLVE OF 10th MARCH, 1787.

Whereas by a Resolve past the General Court, on the
tenth Day of March, in the Year of our Lord 1787,

1787. — February Session. 889

requiring Town Officers that shall be chosen into Office,
to take an oath of Allegiance, within seven Days from the
time of their being chosen, it hath been found by practice,
that the time therein set, is too short for persons in many
instances, to comply therewith :

Therefore Resolved, that any Person Chosen into any
Town Office, within this Commonwealth, that does within
forty days next ensuing, from the time of their being
elected into any Town office, take & subscribe the oath of
Allegiance, shall be considered as the legal Officer of any
such Town the next ensuing year, any Law or Resolve to
the Contrary notwithstanding, and all the doings of such
officer or officers as shall not have taken said oath between
the time of his election, and the time provided by this
Resolve, shall be as valid and effectual, as if he had taken
the oath as prescribed by any former law or resolution.

March 29, 1788.

Chapter 112.

RESOLVE ON THE PETITION OF JONATHAN SIMPSON, JUN. IN QJiaT) H2
BEHALF OF JONATHAN SIMPSON, ESQ. OF BRISTOL, IN GREAT ^'

BRITAIN.

On the petition of Jonathan Simpson, junr. in behalf
of Jonathan Simpson, Esquire of Bristol, in Great Britain,
praying that the Judge of Probate, for the county of Essex,
may be authorized, to receive a claim of the said Jonathan
Simpson, Esqr. on the Estate of Epes Sargent, late of
Gloucester, in the county of Essex, Esquire deceased,
altho' the time allowed by the said Judge, for the admis-
sion of claims on the said Estate, before the Commission-
ers, is expired :

Resolved, that the prayer of the said petition be so far
granted, as that the said Judge of Probate, be & he is
hereby authorized to appoint new commissioners to receive
the claim of the said Jonathan Simpson, Esquire and to
conduct thereon, in the same manner as tho' the said
Claim had been rendered to the Commissioners, who were
appointed on the estate of the said Sargent, deceased, in
due season. March 29, 1788.

Chapter 113.

RESOLVE IN FAVOUR OF THE CHAPLAIN, CLERK OF THE HOUSE, /^1L „„ 11Q
AND SENATE. OflOp.lld

Resolved, That there be allowed and paid out yi Treas-
ury of this Commonwealth, unto y! Rev? . Peter Thacher,

890 1787. — February Session.

Chaplain of the General Court, the Sum of twelve pounds ;
and unto George Richards Minot, Esqr. Clerk of the
House of Bepresentatives, & Mr. Samuel Cooper, Clerk
to yi Honbi5. Senate, the Sum of Fifty five Pounds each,
in full of their Services respectively, the present Year.

March 29 , 1788.

Chapter 114.*

Chan.114: RICHARD hwckley, resolve on his petition, to notify

"'' THE ADVERSE PARTY, TO SHEW CAUSE AND STAYING

EXECUTION IN THE MEAN TIME.

On the Petition of Richard Hinckley, setting forth that
Gabriel Johonnot, hath obtained judgment against him,
for his non appearance, as set forth in the petition.

Resolved, That the petitioner serve the said Gabriel
Johonnot, with a copy of his petition, and this resolve,
fourteen days before the second Wednesday of the next
setting of the General Court, and that the said Gabriel
may appear on the same day, and shew cause, if any he
hath, why the prayer of the said petition should not be
granted, and that execution on said judgment shall be
stayed in the mean time. March 29, 1788.

Chapter 114 a. f

Gil 114A resolve on the PETITION OF THE SELECTMEN OF THE

TOWN OF TEMPLETON.

On the petition of the Selectmen of the Town of Temple-
ton praying that the original range-line between Temple-
ton and Gerry should be established, for reasons set forth
in the said petition : —

Ordered, that the prayer of the said petition be so far
granted, that the Selectmen aforesaid serve the Clerk of
said Town of Gerry with an attested copy of said pe-
tition and of this order at least thirty days previous to
the second Wednesday of the next sitting of the General
Court, in order that they may then appear and shew
cause, if any they have why the prayer of the said petition
should not be granted. March 29, 1788.

* Taken from court record.

t Taken from court record. Not printed in previous editions.

1787. — February Session. 891

Chapter 115.

RESOLVE ON THE PETITION OF JEREMIAH WITHAM. Ckap.115

On the Petition of Jeremiah Witham, formerly a
Soldier in the service of this Government.

Resolved, that there be paid out of the public Treasury
of this Commonwealth, Fifteen pounds, in full payment of
his pension, untill the first day of Jane, One thousand
Seven Hundred and Eighty Eight ; and that from and
after that time, there be annually paid out of the Public
Treasury aforesaid, Three pounds, during the Life of the
aforesaid J. Witham, the Said Money to be under the
direction of the Select Men of any district or Town, in
this Commonwealth, in which the said Jeremiah Witham
shall at any time hereafter, live. March 31, 1788.

Chapter 116.

RESOLVE ON THE PETITION OF ROBERT FULLER, IN BEHALF (Jhfyj) 11 A
OF THE TOWN OF NEEDEAM. "'

On the Petition of Robert Fuller, Junr. in behalf of the
Town of Needham, Praying for leave to Pay into the
Treasury of this Commonwealth, the sum of Twenty Seven
Pounds Thirteen shillings & one penny, in orders or con-
solidated notes, as other back Taxes were paid, which
was Assest on said Town, Agreeable to a Resolve of the
General Court, of the 26th of June, 1786 :

Resolved, that the Prayer thereof be Granted, and that
the Town of Needham have Liberty to pay the sum of
Twenty Seven Pounds thirteen shillings and one penny,
in Treasurer's Certificates on back Taxes, in discharge of
the said Tax, and the Treasurer is hereby directed to
govern him selfe Accordingly. March 31, 1788.

Chapter 117.

RESOLVE ON THE PETITION OF JOSEPH NYE, AND OTHERS, IN HfiaW 117
BEHALF OF THE TOWN OF SANDWICH. *■ '

On the Petition of Joseph Nye and others, in behalf of
the Town of Sandwich, praying that Zenos Nye and
James Freeman, two Collectors of Taxes for the said
Town, may be authorized to collect the assessments of the
Taxes granted by the General Court, in 1784 and 1786,

892 1787. — February Session.

which assessments were made by order of the Court of
General Sessions of the Peace, for the County of Barn-
stable; and also, that they may be allowed till the first Day
of June next, to pay the said Taxes into the Treasury of
this Commonwealth, for reasons set forth in the said
Petition.

Resolved, that the prayer of the s- Petition be Granted,
and that the Assessors appointed by the Court of General
Sessions of the peace as aforesaid, as soon as they have
compleated the said assessment, commit the Bills to the
said Zenos Nye and James Freeman, with Avarrants in
due form of Law to collect the same, and make payment
thereof, to the Treasury of this Commonwealth, on or
before the first Day of June next, & that the said
Assessors Certify the Treasurer of this Commonwealth, of
the same, as the Law Directs. March 31, 1788.

Chapter 118.

Q]iaf).YiS RESOLVE ON THE PETITION OF JOHN HILL, GRANT TO.

On the Petition of John Hill, praying for wages Due
to him in the year one thousand seven Hundred and
Seventy five.

Resolved, that there be allowed & paid out of the
Treasury of this Commonwealth to John Hill, the sum of
three pounds Seventeen shillings and two pence, in full for
his Services, as set forth in his Petition.

March 31, 1788.

Chapter 119.

Chan 119 RES0LVE 0N THE petition of daniel gould, in behalf

P' OF THE TOWN OF WARE.

On the Petition of Daniel Gould, in behalf of the
Town of Ware, praying for the Remittance of a fine of
Six Hundred pounds, Continental Money, for the De-
ficiency of one man for the Continental army, for the year
1779:

Resolved, that the Prayer of the Petitioner be Granted,
and that the Treasurer is hereby Directed to creadet the
Town of Ware the sum of Eighteen Pounds five Shillings,
Specie, Agreeable to the Consolidation of the above Said
Sum, and for which Execution is Issued against the Said
Town of Ware. March 31, 1788.

1787. — February Session. 893

Chapter 130.*

RESOLVE ON THE PETITION OF THOMAS SHELDON, TO NOTIFY CkaV 120
THE ADVERSE PARTY TO SHEW CAUSE, &c. ■*■ '

On the petition of Thomas Sheldon, of the New City,
in the County of Albany, and state of New York, mer-
chant, setting forth, that on the 20th day of August, now
last past, Joseph Goodrich, of Sheffield, in the County of
Berkshire, Gentleman, before Lemuel Barnard, Esqr.
one of the Justices of the Peace, for the said County of
Berkshire, recovered judgment against him the said
Thomas by default, for the sum of one hundred and sev-
enty pounds seventeen sliillings and nine pence, damages,
and sixteen shillings and one penny, costs of suit : pray-
ing for reasons set forth, that execution on the judgment
aforesaid may be stayed, and that the said Joseph, carry
his said cause to the Court of Common pleas, with the
copies, &c. and that the said cause be then at the said
Court, open in law.

Thereupon Resolved, that the prayer of the petition be
so far granted, that the said Thomas, notify the said
Joseph, at least fourteen days before the third Wednes-
day of next setting of the General Court, by serving him
with a copy of his aforesaid petition, and this resolve,
then to shew cause, if any he has, why the prayer thereof
should not be granted, and that execution on the judg-
ment aforesaid be stayed in the mean time, together with
any action already commenced, or that in the mean time
may be commenced in consequence of the judgment afore-
said. March 31, 1788.

Chapter 121.

RESOLVE ON THE PETITION OF THE HON. NATHANIEL PEAS-
LEE SARGENT, AUTHORIZING THE TREASURER TO ISSUE
A CERTIFICATE FOR THE SUM MENTIONED.

On the petition of the Honr. Nathaniel Peaslee Sargent y
praying that the Treasurer may be authorized to issue a
new Certificate :

Resolved, for Reasons set forth in the petition, that the
prayer of the petition be granted, & the Treasurer is
hereby authorized & directed to issue a Certificate, for

* Taken from court record.

Chap.121

894 1787. — Februaky Session.

the Sum of seven pounds, on the Specie part of Tax No.
5, in favor of the above named JSfath1- Peaslee Sargent, he
giving sufficient security to the Treasurer, to refund the
s^ sum of seven pounds, if the former Certificate should
hereafter be found. March 31, 1788.

Chapter 122.

Char) 122 resolve °N THE petition of moses ames, in behalf of

&' THE TOWN OF FRTEBOURG, DIRECTING THE TREASURER

TO CREDIT SAID TOWN.

On the Petition of Moses Ames, in behalf of the Town
of Fryebourg, praying that the Said Town may be
relieved, on account of Some mistakes made in takeing
the last Valuation of the Said Town, as Set forth in the
said Petition :

Resolved, that the said Town of Fryebourg, be abated
the Sum of three Pounds fifteen shillings, on the last Tax
Act, and the Treasurer of the Said Commonwealth is
hereby directed to Credit the Town of Fryebourg, the
Said Sum of three Pounds fifteen Shillings, accordingly,
one third part of the Said Sum on the Specie part of the
Said Tax, and the other two thirds, on that part for
redeeming the Army Notes, and paying the Interest on
the Continental Loan Office Certificates, in equal shares.

March 31, 1788.

Chapter 123.

Chan 123 Resolve respecting the north mills lottery, repeal-

^ MjJ. O ING A LAW rAgSED NOVEMBER LAST.

Resolved, That the Resolve of the General Court, of
the 19th of November last, respecting the North Mills
Lottery, be, and the same is hereby repealed.

March 31, 1788.

Chapter 124.

Chan 124 RESOLVE ON the PETITION OF JOSHUA white, in behalf of

P' THE TOWN OF MIDDLEBORO, MAKING GOOD AND VALID AN

ASSESSMENT MADE BY THE SELECTMEN, AND THE PRO-
CEEDINGS THEREON.

On the Petition of Joshua White, in behalf of the
Town of Middleboro, praying that the assessment made
by the Selectmen of the said Town may be made valid in

1787. — February Session. 895

Law, and that the Executions against the Collectors of
the said Tax in the said Town, may be continued for a
longer time, than is by Law provided, for reasons therein
set forth,

Resolved, that the prayer of the said Petition be granted,
and that the said assessment, together with the warrants
for collection, be, and hereby are made good and valid
in Law, together with all the proceedings thereon, to all
intents and purposes, and that the Executions which have
been issued against the Collectors of the said Tax, in the
said Town, be, and hereby are continued in full force,
until the first day of August next, and are not returnable
until the said Time, any thing in any resolution to the
Contrary notwithstanding, and the Treasurer of this Com-
monwealth, and the Sheriff of the County of Plymouth,
are directed to govern themselves accordingly.

March 31, 1788.

Chapter 125.

RESOLVE ON THE PETITION OF JOSEPH DOBLE. Chap.125

Upon the Petition of Joseph Doble, Executor to the
last Will & Testament of John Doble, dec'd, praying that
a certain Judgment may be annulled, for Reasons set
forth in the said Petition,

Resolved, that the Judgment made up & given, in an
Action in the Court of Common Pleas, holden at Boston,
within & for the County of Suffolk, on the third Tuesday
of April last, wherein Richard Rolason Doble, was Plain-
tiff, and the said Joseph Doble as Executor, was original
Defendant, be, & hereby is set aside, & declared null &
void : and it is hereby further Resolved, that the said
Cause be continued to the next Court of Common Pleas,
to be holden at Boston aforesaid, on the first Tuesday of
January next, in the same manner as if the Cause had
been regularly continued to that Time, and the Clerk of
the said Court, is hereby directed to carry the said Action
forward, to the said Court, to be holden at Boston as
aforesaid, in the same manner, & that the same Proceed-
ings be thereupon had, as if Judgment had never been
given in the above Cause, And the Execution issued upon
the said Judgment, is hereby declared null, invalid &
void. March 31, 1788.

896 1787. — February Session.

Chapter 126.

CJiap.126 RESOLVE ON THE PETITION OF JONATHAN PARKER, REPEAL-
ING A RESOLVE, PASSED THE 9th OF NOVEMBER LAST, AND
DIRECTING THE TREASURER TO REVOKE THE EXECUTION
ISSUED, AND TO ISSUE ANOTHER.

Upon the Petition of Jonathan Parker, praying that a
Resolution which passed the Genl Court, on the Ninth
Day of November last, directing the Treasurer to issue
an Execution against him, for the Sum of one hundred &
thirteen Pounds three shillings & three pence, specie, the
property of the Town of Plympton, may be repealed.

Resolved, for reasons set forth in his Petition, that the
Resolve aforesaid and all Proceedings thereon, be, and
are hereby repealed, and rendered null and void, and the
Treasurer of the said Commonwealth, is hereby directed
to revoke the Execution issued in consequence of the said
Resolve, and to issue another against the said Jonathan
Parker, for the aforesaid sum of one hundred & thirteen
Pounds three shillings & three pence, payable in the same
Manner as other Executions, against delinquent Collec-
tors of the same Tax. March 31, 1788.

Chap.127

Chap.128

Chapter 127.

RESOLVE ON THE PETITION OF JOHN POTTER.

On the Petition of John Potter, Praying that a Judg-
ment obtained against him by mistake, in favour of one
Joseph Darling, may be reversed.

Resolved, that the Petitioner serve the said Joseph Dar-
ling, with an attested coppy of his Petition & this Re-
solve thereon, fourteen Days before the third Wednesday
of the next sitting of the General Court, that he may
appear on the said third Wednesday, if he see fit, & shew
Cause, if any he have, why the Prayer of the Petition
should not be Granted, & in the mean time all further
Process or Execution, on the said Judgment, shall Cease.

March 31, 1788.

Chapter 128.

RESOLVE REPEALING A RESOLVE FOR APPREHENDING DANIEL
SHAYS AND OTHERS, AND REQUESTING THE GOVERNOR TO
WRITE TO THE OTHER STATES UPON THE SUBJECT.

Whereas by a Resolution of the General Court, passed
the 8- Day of February 1787, the Governour was re-

1787. — February Session. 897

quested by and with the Consent of Council, to issue his
Proclamation, ottering a Reward for apprehending such
of the Ringleaders and Principals, in the late Rebellion,
as his Excellency should judge proper : And in Pursu-
ance of the said Resolution, his Excellency has ottered a
Reward for apprehending Daniel Shays and others.

And whereas the Reasons which then operated, for
offering such reward, do not now exist.

Therefore Resolved, That the Resolution aforesaid, be,
and it is hereby repealed, and the same, together with the
Proclamation aforesaid be Annulled, and his Excellency
the Governour, is hereby requested to issue his Procla-
mation, giving public notice thereof; and to inform by
Letter, the Executives of the several States, who may
have issued like proclamations, of this resolution, re-
questing them to recall their Proclamations relative to the
Subject. . March 31, 1788.

Chapter 129.

RESOLVE ON THE PETITION OF THE TOWN OF SHAPLEIGII, njfa7} 1 0O
AUTHORIZING THE SELECTMEN TO LAY AN ASSESSMENT ON Kj'lUjL}' a
THE POLLS AND ESTATES OF THE INHABITANTS OF SAID
TOWN, THEIR APPORTIONMENTS OF THE TAX IN 1786.

Whereas it appears to this Court, that the Selectmen
of the Town of tShapleigh, in the County of York, did
not assess the said Town's apportionment of the Tax,
granted in the year of our Lord 1786, on the polls and
estates of the said Town, according to the rules and di-
rections contained in the act, granting the said Tax, and
as it appears to this Court, that it would be beneficial to
the said Town, if the said Tax might be assessed on the
polls and Estates thereof, in a proportion different from
that which is provided in the said act :

Therefore Resolved, that the Selectmen of the said
Town of Shapleigli, be, and hereby are authorized and
directed to assess the said Town's apportionment of the
said Tax, on the polls and Estates of the said Town, in
the Manner following, Viz. on every male poll of sixteen
years old, and upwards, twelve shillings, and the residue
of the said Town's apportionment, on the Estates, real
and personal, in the said Town, according to the rules
and directions in the said Tax act, and to commit to the
Collector or Collectors, Constable or Constables, of the

898 1787. — February Session.

said Town, with a warrant or warrants, in due form of
Law, for their collecting the same, to be paid into the
Treasury of this Commonwealth, on or before the first
Day of August next, and to certify the same to the Treas-
urer of this Commonwealth according to Law, on or be-
fore the twentieth Day of May next, any thing in the said
Tax act to the Contrary notwithstanding.

March 31, 1788.

Chapter 130.

Chan 130 RES0LVE 0N THE representation of the justices of

"' THE PEACE FOR THE COUNTY OF CUMBERLAND, GRANTING

A TAX TO BE ASSESSED ON THE INHABITANTS OF SAID
COUNTY.

On the representation of the Justices of the Peace, for
the County of Cumberland:

Resolved, That there be, and hereby is granted, a Tax
of three hundred & fifty pounds, to be apportioned and
assessed on the Inhabitants of the s~ County, and Estates,
lying within the same, to be collected, paid, and applied
for the use of the said County, according to the Laws of
the Commonwealth. March 31, 1788.

Chapter 131.

Cha?) 131 RES0LVE 0N THE PETITION OF THE SECOND PARISH IN THE
* " ' TOWN OF AMHERST.

On the Petition of the second Parish in the Town of
Amherst, praying that all rateable Parsons who do now,
or Shall hereafter live upon Land belonging to the Said
Second Parish, as its bounds were settled by a former Act
of Court, may be considered as belonging to the Said
second Parish, for seasons sett forth in the Said Petition :

Ordered, that the prayer of said Petition be so far
granted, that some one of the said Petitioners, serve the
first Parish in the Town of Amherst, with an attested
Copy of their petition, & of this order thereon, thirty
days at least, before the Second Wednesday of the first
Setting of the next General Court, by leaving the Said
attested Copy with some principal Inhabitant of the Said
first Parish, then to shew Cause (if any they have), why
the prayer of said Petition should not be granted.

April 1, 1788.

1787. — February Session. 899

Chapter 132.

RESOLVE ON THE PETITION OF ELISHA CUTLER. Ch<XP.132

Upon the Petition of Elislta Cutler, of Waltham, pray-
ing that Judgment recovered by Thomas Ivers, Esq. late
Treasurer of this Commonwealth, against him, and the
execution which issued thereon, may be returned satisfied,
& he be discharged therefrom :

Resolved, that the prayer thereof, be so far granted, that
the Sheriff of Middlesex, be, & he is hereby authorized &
directed to receive of the said Cutler, the balance, which
may be due to this Commonwealth, in the said execution,
after deducting the neat proceeds of the Sale of the real
Estate of the said Cutler, which said Execution has been
extended upon, in the consolidated notes of this Common-
wealth, on receipt thereof, to give a full discharge of the
said Execution. April 1, 1788.

Chapter 133.

RESOLVE ON THE PETITION OF BILDAD FOWLER, OF WEST- QhctV 133

FIELD. ^'

On the Petition of Bildad Fowler, of Westfield, in the
County of Hampshire, praying that he, and his Sureties
may be saved harmless, from a default on their recogni-
zances at the Supreme judicial court of the Commonwealth,
holden at Springfield, within & for the county of Hamp-
shire, on the fourth Tuesday of September last.

Resolved, that the prayer of the said Petition be granted,
& that the said Bildad, & his sureties, viz. Bildad Fowler,
junr. & Roger Bagg, be, & they hereby are indemnified
from the default aforesaid, of the said Petitioner: Pro-
vided the said Petitioner shall appear before the Supreme
judicial court, next to be holden within & for the said
County ; and Provided also, that he shall pay the costs
arising by the said default. April 1, 1788.

Chapter 134.

ORDER OF THE HOUSE, REQUESTING THE GOVERNOR TO (JJim) 134
WRITE TO THE GOVERNOR OF NEW YORK, TO EXPRESS ^'

THE GRATEFUL SENSE THIS COURT ENTERTAIN, FOR HIS
POLITE ATTENTION TO THE SUBJECT OF THE WESTERN
LANDS.

Ordered, that his Excellency the Governor, be, & he
hereby is requested to write to his Excellency the Gov-

900 1787. — February Session.

ernor of the State of New York, and to inform him, that
this Court are impressed with a grateful sense of the
polite. attention which he has paid to this Commonwealth,
in his several communications, on the Subject of the
Western Lands ; and do entertain a high sense of the
spirited & decisive measures which the Senate & Assembly
of the said State have taken with regard to the unwarrant-
able and unlawful Practices of John Livingston, & others,
in obtaining leases from the Indians, of the Lands lately
the Subject of a Compact between the two Governments ;
and that this Court unite with them in declaring the said
Leases to be null & void. That the embarrassed situa-
tion of this Commonwealth, has prevented their joining
with the State of New York, in the proposed treaty with
the Indians, & induced them to comply with the proposal
of .certain of their Citizens, for purchasing the right of
Preemption, which was by the tenth Article of the Com-
pact aforesaid, ceded to this Commonwealth.

April 1,1788.

Chapter 135.

Chan 135 resolve for disposing of the right of fre-emption

1 "' WHICH THIS STATE HAS IN, AND TO THE WESTERN TER-

RITORY, SO CALLED, (LATELY CEDED BY THE STATE OF
NEW-YORK) TO THE HON. NATHANIEL GORHAM, AND
OLIVER PHELPS, ESQ'RS, AND APPOINTING THE REV. MR.
KIRKLAND, TO SUPERINTEND THE PURCHASE.

On the proposal made to the General Court, by the
Honorable Nathaniel Gorham, and Oliver Phelps, Es-
quires, to purchase for the consideration of Three hundred
thousand pounds, in Consolidated Securities of this Com-
monwealth ; or Tvjo Thousand pounds, specie, together
with Two hundred & ninety Thousand pounds, in like
securities, the Right of Preemption which this Common-
wealth has in, & to the Western Territory, so called,
lately ceded by the State of New York, to this Common-
wealth, as appears by deed executed by their respective
Commissioners, at Hartford, the 162? day of December,
A. D. 1786.

Resolved, that the said proposal for purchasing the
Land aforesaid, for the Consideration of Three hundred
Thousand pounds, in Consolidated Securities of this
Commonwealth, be, and hereby is accepted, And this

1787. — February Session. 901

Commonwealth doth hereby agree, to grant, sell, & convey
to the said Nathaniel Gorham and Oliver Phelps, Esquires,
all the right, title & demand, which the said Common-
wealth has in & to the said Western Territory, by the deed
of Cession aforesaid, to have & to hold the same to the
said Nathaniel Gorham & Oliver Phelps, Esquires, their
heirs, and assigns, forever, upon the conditions hereafter
Expressed ; and the said Nathaniel Gorham, & Oliver
Phelps, are hereby authorized to extinguish, by purchase,
the claims of the native Indians, holding the fee or right
of soil, in the Territory aforesaid.

And it is hereby Resolved, that the Revd. Mr. Samuel
Kirldand, be, & hereby is appointed to superintend &
approve, at the expence of the said Grantees, the purchase
which the said Nathaniel Gorham & Oliver Phelps, Esq?
shall make of the claims of such native Indians.

And it is hereby further Resolved, that all such pur-
chases as the said Nathaniel Gorham & Oliver Phelps,
shall make of the claims of the said Indians, in presence
of the said Superintendent, shall be confirmed by this
Commonwealth, provided the said Gorham & Phelps, shall
give security to the satisfaction of the Supreme Executive
of this Commonwealth, separate obligations to pay the
aforesaid Consideration monies, to the Treasurer of this
Commonwealth, or his Successor in office, for the use of
this Commonwealth, one third thereof in one year, one
other third thereof in two Years, & one other third thereof
in three Years, from the date of this Resolve, With Inter-
est in like consolidated securities, to commence from the
date of this Resolve, until paid. April 1, 1788.

SPEECHES AND MESSAGES

1786— 1787.

SPEECHES

HIS EXCELLENCY THE GOVERNOR, AND HIS
HONOR THE LIEUTENANT GOVERNOR,

MESSAGES TRANSMITTED BY HIS EXCELLENCY TO THE
GENERAL COURT DURING THE LEGISLATIVE YEARS

1786-1787.

[May Session, 1786.]

The time and place having been previously settled, the
Governour met the two Branches of the Legislature in
the Chamber of the Representatives, when his Excel-
lency thus addressed them :

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

Agreeably to the request of the last General Court,
I transmitted to our Delegates in Congress a Copy of the
several papers, that relate to the transactions of the Com-
missioners for settling the Eastern boundary line of New
York; & of the Court's resolve, giving them certain powers
for effecting a settlement of the interfering claims of the
two States to lands in the Western Territory.

With respect to the first, I desired those Gentlemen to
communicate the papers to the new Commissioners, ap-
pointed by Congress to run that line ; and to procure from
them the needful information of the time they would
attend on this business : the time mentioned in their first
letter, being rendered precarious by their second letter :
in consequence of which those papers were transmitted :
But no further information has been yet received from
them on the subject. One of the Agents appointed on
the part of this State, the honble Mr. Sedgwick, informs

906 1786. — Governor's Messages, Etc.

me by his letter of the first of May, that his prior engage-
ments to the Government as a Delegate in Congress, &
his obligations to his colleagues, render his attention to this
business impracticable ; & he is therefore obliged, though
with reluctance, to decline the honour of the appointment.
— Perhaps, Gentlemen, you may think it proper to appoint
another Ai>ent in his stead.

With respect to the interfering claims of the two
States, I have received a Letter from our Delegates,
dated the 19th of May, enclosing a copy of a supplemen-
tary Act of the Legislature of New York, passed the 28th
of April last, appointing seven Gentlemen Agents for
vindicating the right & jurisdiction of that State against
the claims of this State : & any five or more of them are
by that Act empowered to settle the controversy between
the two States, otherwise than by a federal Court, in such
manner as they shall judge most conducive to the interest
of that State. You will consider Gentlemen, whether it
would not be eligible to give the Agents on our part
similar powers : & whether in that case the probable
consequence would not be a speedier decision of the
controversy.

Among the subjects, that claim your attention, Gentle-
men, the University at Cambridge is not the least impor-
tant. The encouragement of literature, & the diffusion
of knowledge, were among the first cares of our worthy
ancestors. After providing the common means of in-
struction, they instituted Harvard College, which from
that time to the present has amply answered the end of
its institution.

It has always been under the patronage of the General
Court, who from time to time have made grants for the
support of its President and Professors. The last grant
for that purpose was in June, 1784, for their salaries to
the preceeding January. — With you Gentlemen, who
must be sensible of the great benefits derived to the Com-
monwealth from that institution, there can be little occa-
sion of using arguments for continuing those Grants.
The meer representation of the arrearage, I am per-
suaded, will induce you to provide for the payment of it :
especially as the Constitution declares, that " it shall be
the duty of legislators & magistrates, to cherish the inter-
ests of literature & the Sciences, & all seminaries of them,
especially the University at Cambridge." — Considering

1786. — Governor's Messages, Etc. 907

too, that in most of the United States there is now a re-
markable disposition in favor of literature & science : for
promoting & encouraging of which, there appears among
them a most laudable spirit of emulation.

Under the regal Government, to which, it is hoped, the
republican will in no instance be inferior, those Grants
were regularly made. Besides which, about twenty years
before, & down to, the time of its abolition, there was in
every new-granted township one share reserved for, &
granted to, Harvard College, exempted from all taxes :
& similar reservations were intended to be made in all
after-grants of townships, until the College-estate should
produce a yearly income so large, as that all further grants
both of land & money might, with propriety & without
discouraging Literature, be discontinued.

I would recommend it to your consideration, Gentle-
men, whether, upon these principles, it would not be
proper to confirm to the College all the land-grants, that
have been made to it as above-mentioned ; & to secure to
it one share in such townships as may hereafter be
granted.

Another subject, & a most important one, that requires
your immediate attention, Gentlemen, is a Resolution of
Congress of the 15th of February last ; most earnestly
recommending to the deficient States an immediate & full
compliance with the revenue System proposed by that
honorable body by their Act of the 18th of April, 1783.
I communicated it to the General Court at their last Ses-
sion : but they thought proper to refer it to the consider-
ation of the present General Court.

Among the States, which have only in part acceded to
that System, is the Commonwealth of Massachusetts:
whose Legislature, with the Legislatures of the other de-
ficient States, is with unusual anxiety, & with a solemn
earnestness, called upon by Congress to pass laws in full
conformity to it. They urge a compliance from motives
and considerations of great moment, which must make a
deep impression on every one, who has a real concern for
the honor and happiness of the United States : & if a
better system cannot be proposed, this single considera-
tion, that our freedom & independence were purchased
by the debt it was intended to discharge, should invigor-
ate every exertion to carry it into execution.

Some of the States do not seem sufficiently sensible,

908 178(3. — Governor's Messages, Etc.

that the freedom & independence, thus derived to them,
have given them a new & important character — a na-
tional character, from which, as relative to each other
individually, & to the united body collectively, new du-
ties have originated, which they are indispensibly held to
perform ; & some of which are expressly pointed out by
the confederation.

By the confederation the States respectively do sol-
emnly pledge & engage their faith, to abide by the de-
terminations of Congress on all questions, which by the
confederation are submitted to the decision of Congress ;
& that the Articles of it shall be inviolably observed.

By those articles Congress have authority to borrow
money on the credit of the United States ; to ascertain
the necessary sums to be raised for the service of the
States ; & to appropriate & apply the same for defraying
the expence of that service ; & the several States are held
to supply those sums in certain proportions ; for paying
which, taxes shall be laid & levied by the authority of
their respective Legislatures, within the time agreed upon
by Congress.

Upon the faith & promise of the United States, thus
pledged & engaged, & to carry on the War, Congress
procured Loans from France, Spain and Holland, & from
Citizens of the States, which, with other charges incurred
by the War, amount to a considerable sum. The nations
& individuals, to whom this sum is due, have a right to
expect, & they do expect, that it will be paid according
to that pledge & engagement : & the several States in the
Union are under every obligation of Justice, honor and
good faith, to exert their utmost ability for that purpose.
And you will permit me to add, that it is particularly in-
cumbent on you, Gentlemen, as the Legislature of this
State, to make provision for the payment of our propor-
tion of that debt.

To extinguish the debt, a mode is pointed out by the
revenue System abovementioned, which Congress, after
the most mature deliberation, declares to be the best in
their power to propose. It recommends to the several
States to invest Congress with a power to levy, for the
use of the United States, certain duties upon goods im-
ported into the said States from any foreign port : And
also to establish, for twenty five years, & to appropriate
to the discharge of the debts contracted on the faith

1786. — Governor's Messages, Etc. 909

of the United States, substantial & effectual revenues,
of such a nature as they may judge most convenient, for
supplying their respective proportions of one million &
five hundred thousand Dollars annually, exclusive of the
aforesaid duties : Provided, that until the rule of the
Confederation (or some other rule) can be carried into
practice, the proportions of the said sum shall be as men-
tioned in the said revenue Act : which assigns to this
Commonwealth the annual proportion of two hundred
twenty four thousand four hundred & twenty seven
dollars.

The former part of this recommendation has been com-
plied with by the Legislature of this State ; with this
deviation, however, that instead of impowering Congress,
they have by an Act of their own laid the recommended
duties : subject to this Proviso, conformably to the
recommendation, that the Act shall not operate, until all
the United States have passed Acts for imposing the like
duties.

The resolutions of Congress relative to this business,
together with a message of the 27th of February last, to
the General Court, on the same subject, are on the files
of the Court, and to which you will please to be referred.
The Commissioners of the Treasury of the United
States have transmitted a book, containing their account
of taxes with each particular State exclusive of specific
supplies, stated to the first of November last : and also an
account of those supplies, that have been demanded of
each State. It would have been communicated to the
General Court at their last Session, had it not, by some
accident, been mislaid. The former account includes
taxes & credits, for old Emission dollars, new Emission
and specie dollars ; & the balances due in each.

With respect to the first mentioned account with Massa-
chusetts, there was a balance due from this State in the
old emission. On finding it right, & a much larger sum
of the old emission dollars being in the Treasury, a war-
rant Avas immediately issued on the Treasurer to pay that
balance to the loan officer of the United States : & it has
been accordingly paid. There is the appearance of a
large balance of new emission dollars due from this State :
but when we are credited, for the payments made by the
late Treasurer Gardner, for the sums cancelled, or burnt,
by a Committee of the General Court, & for what the

910 1786. — Governor's Messages, Etc.

present Treasurer has in hand, the remaining balance will
he comparatively small, and may in a short time be wholly
paid, if the extant taxes intended to redeem that emission,
be properly called for.

The balance in specie appears also to be large : but it
will be greatly reduced, when all the sums paid are cred-
ited, & the account in other respects properly adjusted.
The State however, is, with regard to this balance, con-
siderably in arrear, & the loan Officer has been with me,
requesting, that I would represent to the General Court
the urgent necessity, which presses for the speedy pay-
ment of it. Upon this head I sent messages to the Gen-
eral Court, dated the 24th of October-, the 3d of November,
& the 3d of February last, accompanied with several
letters from the Commissioners of the Treasury, & Mr.
Secretary Thomson; together with a resolution of Con-
gress of the 12th of October, which are all upon the same
subject ; earnestly urging the payment of arrearages, due
on the several requisitions of Congress prior to the last ;
& representing, in very forcible terms, the evil conse-
quences that must result from delay. By recurring to
those papers, Gentlemen, you will see the great impor-
tance of fully complying with those requisitions ; & must
be induced to take vigorous measures for enforcing the
collection of the taxes laid for that purpose.

At the same time, Gentlemen, you are providing means
for complying with the requisitions of Congress, you will
naturally take into consideration the state of our own
particular debt. A general view of it was exhibited to
the last Court ; and you can at pleasure recur to that ex-
hibition.

It is particularly necessary you shall attend to the State
of the debt, as it respects the last & present year. Among
other purposes, the last Tax-Act provides for the redeem-
ing of one hundred thousand pounds of the Army notes :
going upon the idea, that that sum would redeem the
whole remainder. But there will still be a remainder of
ten thousand one hundred & fourteen pounds four shillings
&, four pence of those notes, for the redemption of which
the Act does not make provision. That remainder, how-
ever, need not for the present be considered, as the Sale
of State lands, & some other means, already provided,
may be sufficient to redeem it.

Of the consolidated securities, issued by the Treasurer,

1786. — Governor's Messages, Etc. 911

there is one hundred seven thousand five hundred and
ninety five pounds seventeen shillings & eleven pence half
penny, that was payable the last year: which, with three
hundred forty five thousand four hundred & eighteen
pounds nineteen shillings & eight pence half penny of the
like securities, payable the present year, makes four hun-
dred fifty three thousand & fourteen pounds seventeen shil-
lings & eight pence: the greatest part of which is now
payable, & the whole will be so, at the end of the year,
besides the interest that will then be due.

The payment of these securities is provided for by five
taxes laid on the year 1785, for four hundred twenty three
thousand two hundred & fifty pounds; &, by four taxes
on the present year for three hundred eighty six thousand
two hundred & fifty pounds : for which taxes the Treas-
urer is empowered & directed to issue his warrants, in
case the General Court should not, by the first of July in
each year, agree upon a tax act for apportioning those
taxes upon the Commonwealth. The Acts laying those
taxes were passed the 17th of February, the 15th of May,
& the 5th of July, 1781 ; & the 25th of March, 1783 : &
it will be the duty of the Treasurer after the first of July
next to issue his warrants for apportioning & collecting
them, at least to the amount of the aforesaid sum of four
hundred fifty three thousand & fourteen pounds seventeen
shillings & eight pence, exclusive of the interest. The
reason why the taxes so much exceed the debt they were
intended to discharge, may be conjectured, from an Act
passed the 6th of March, 1782: by which an alteration
was made in the time of payment of Government secu-
rities issuable, & some of which had been issued, by virtue
of anterior Acts. The payment was postponed a year
without a correspondent postponement of the taxes.

It would be for the honor & reputation of the govern-
ment, if its debt could be paid at the several times it will
become due. But if the tax laid upon the present year
by the last tax act of three hundred thousand four hun-
dred & thirty nine pounds one shilling & three pence, con-
nected with the sum aforesaid, exceeds the ability of the
Commonwealth, concerning which you, Gentlemen, are
the Judges, would it not be adviseable to propose to its
creditors a system of payment, by which certain propor-
tions of the debt, to which the public ability would be
equal, should be annually paid, until the whole be ex-

912 1786. — Governor's Messages, Etc.

tinguished. — If this, Gentlemen, should be your opinion,
you may think it proper to extend the proposal to the
remaining creditors of the Commonwealth : to whom
there will be due on consolidated securities, in 1787,
including the debt to a mercantile house in France, three
hundred fifty eight thousand five hundred & fifty one
pounds fifteen shillings & eight pence half penny ; in
1788, three hundred forty five thousand four hundred &
eighteen pounds nineteen shillings and eight pence half
penny; and in 1789, two hundred thirty seven thousand
eight hundred and twenty three pounds one shilling & nine
pence. The amount of all the consolidated securities,
that have been issued by the Treasurer, & are now extant,
according to a memorandum I have had from him, is one
million three hundred ninety four thousand eight hundred
& eight pounds fourteen shillings & ten pence, exclusive
of interest.

For the payment of the first sum, taxes are laid on the
year 1787 for three hundred eighty six thousand two hun-
dred & fifty pounds and for the payment of the two last
mentioned annual sums, both amounting to five hundred
eighty three thousand two hundred & forty two pounds one
shilling & five pence half penny, taxes are laid on the
year 1788 for three hundred eighty six thousand two hun-
dred & fifty pounds, which, with the surplusage taxes,
laid on the years 1785 and 178(5, are the fund for securing
that payment.

This, Gentlemen, is the State of the domestick debt as
it stood the 27th of the last month ; & these are the funds
for the payment of it. There will be some addition to be
made to it, as all the accounts relative to the Penobscot
expedition, & other matters of charge, have not yet been
settled. It is justly expected however, that the cost of
that expedition will be allowed to us by Congress.

A well digested system of payment, supported &
recommended by proper tax-acts, with such provisions as
would insure a punctual payment at the stipulated times,
would probably meet the approbation of the creditors of
the Commonwealth ; & be acceptable to the people in
general. In that case, the former would receive their
debt in reasonable proportions at the stipulated times ; &
the latter be relieved, not only by a division or distribution
of the taxes upon a number of years, but by the encreasing
population ; which would annually supply new & additional
subjects to bear a part of the taxation.

1786. — Governor's Messages, Etc. 913

If, however, by a vigorous exertion, we could cancel
the domestick debt, within the time, at which the securities
of the remotest payment are payable, viz, 1789, trans-
ferring to that year a sufficiency of the overplus tax of
the last and present year, & annihilating the rest of the
overplus, it might be more for the benefit of the Common-
wealth than to procrastinate it. This cancellation being
effected, and all our finance-resources directed to one
point, ways & means might be found to supply our pro-
portion of the foreign debt without much difficulty.

Such an exertion, founded on the unalterable principles
of rectitude, and commutative justice — a basis, on which
the happiness & prosperity of nations, as well as of indi-
viduals, so essentially depend — would be productive of
great effects ; & systematically pursued, would in a
short time, not only greatly reduce the debt ; but propor-
tionally advance the credit & reputation of the Common-
wealth.

There are other matters, Gentlemen, which require
your consideration, & which I shall communicate to you
by message.

The Letters & Papers, referring to those abovemen-
tioned, will be delivered to you by the Secretary.

JAMES BOWDOIN.

Council Chamber, June 2, 1786.

Chapter 6. Chap. 6

[May Session, ch. 6, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives ,

The Major Generals chosen for the several divisions of
the Militia, have respectively accepted the choice and
commissions have in consequence of it, been sent to them,
viz.

To Major General Lincoln, of the first division, com-
prehending the County of Suffolk.

Major General Titcomb, of the second division, com-
prehending the County of Essex.

Major General Brooks, of the third division, compre-
hending the County of Middlesex.

914 1786. — Governor's Messages, Etc.

Major General Shepard, of the fourth division, com-
prehending the County of Hampshire.

Major General Cobb, of the fifth division, comprehend-
ing the counties of Plimouth, Barnstable, Bristol, Dukes
County and Nantucket.

Major General Goodwin, of the sixth division, compre-
hending the Counties of York and Cumberland.

Major General Warner, of the seventh division, com-
prehending the County of Worcester.

Major General Litligow,oi the eighth division, compre-
hending the County of Lincoln.

Major General Patterson, of the ninth division, com-
prehending the County of Berkshire.

In carrying the militia laws into execution, a difficulty
has occurred, in regard to the electing of Officers. In
those laws no direction is given, as to the time and man-
ner of convening the electors, of collecting votes, and of
certifying to the Governour the Officers elected : all
which circumstances, the Constitution requires should be
regulated by standing laws.

In considering this matter, Gentlemen, you will please to
consider also, whether in the new supplemental law (if you
should think proper to pass such an one) it should not be
provided, that all vacancies, at the time of passing it,
should be filled up, within a given time ; and all after-
vacancies within a given time also, after they should re-
spectively happen ? Whether there should not be a pre-
scribed mode of notifying the Officers of their election?
and in cases, in which the electors refuse or neglect to
meet and choose their Officers at the time assigned,
whether the time and mode of notifying it to the Gov-
ernour, should not be ascertained, that, as soon as may
be after the notification, he may appoint such Officers,
pursuant to the Constitution ? And if in any town there
should be a regiment or companies, destitute of Officers,
should it not be made the duty of the Selectmen of such
town, on the requisition of the Major General, to notify
the qualified electors to meet and elect their Officers, and
in all respects proceed in that business, according to law?

Would it not be proper also, that, beside laws for regu-
lating the militia in a time of tranquility, there should
be formed a well digested body of martial law : to which,
recurrence may be had, in any future exigency?

I have had a letter from the Major General of the first

1786. — Governor's Messages, Etc. 915

division, upon the subject of the militia laws ; which will
be communicated to you.

JAMES BOWDOIN.

Council Chamber, June 8, 1786.

Chapter 7. Chap. 7

[May Session, ch. 7, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

Pursuant to the request of the General Court, I applied
through our Delegates to Congress, for the loan of Sixty
brass held pieces of Artillery, for the use of such of our Ar-
tillery Companies, as are forming : but Congress thought
it improper, that the Cannon & Military stores in the
Arsenals of the United States should be dispersed : as
you will observe by their proceedings of the 19th of April.

There are eight of the Artillery Companies already pro-
vided with field pieces : and for the remaining Companies,
which, when compleated agreeably to the intention of the
militia laws, will require about seventy field pieces more,
with their apparatus, you will please, Gentlemen, to make
the needful provision.

Several of those Companies already formed, have ap-
plied for the Powder allowed them, by the last militia
Act : but from the smallness of the quantity belonging to
the Government, in the publick magazines, I thought it
prudent to suspend issuing orders for the delivery of it,
until the magazines shall be sufficiently supplied.

Upon the subject of such a supply, and the means of
effecting it, I sent a Message to the General Court in their
last Session, dated the 21st of February: to which you
will please to be referred.

As there will be an annual demand for powder, for the
use of the Artillery Companies, and as it may be essential
to the safety of the Commonwealth, that the publick maga-
zines be kept sufficiently supplied with it, you will per-
mit me, Gentlemen, to recommend to you the taking of
speedy, and effectual measures for that purpose.

JAMES BOWDOIN.

Council Chamber, June 8, 1786.

916 1786. — Governor's Messages, Etc.

Chap. 14 Chapter 14.

[May Session, ch. 14, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

By a Resolve of the General Court, of the 24th of
March last, the Governor and Council were requested to
consider the expediency of coining Silver and Copper in
this Commonwealth ; the quantity it would be convenient
in that case to coin ; in what mode the business should be
conducted ; the proper devices to be used ; and the ad-
vantage that would accrue to the Commonwealth, from
such a coinage.

I laid the Resolve before the Council, and after a dis-
cussion of the subject, a Committee was appointed to
consider it more fully. The Committee have reported,
and their report having been accepted by the Council, is
now, With the papers to which it refers, laid before you
for your Consideration.

Upon the subject of a Coinage, I have had a letter of
the 18th of May, from one of our Delegates in Congress,
the honorable Mr. Gorham, enclosing the report of the
Treasury Board, relating to the establishment of a Mint :
which report it was expected would in a few days be con-
sidered by Congress.

Mr. Gorham taking notice, that according to the News
papers, proposals had been made to the legislature of
Massachusetts, relative to a copper Coinage, observes,
that it is apprehended it will be attended with great incon-
veniences if the States should act in this matter seperately ;
that after Congress had agreed upon a plan, which they
will soon do, there might be, and it would be of great
utility there should be an uniformity in the money, through-
out the union ; and that Massachusetts, and any other
State, after knowing the terms on which the Board of
Treasury would conduct this business, could more advan-
tageously act upon it than before : and therefore seems to
suppose, that it would be adviseable to suspend the coin-
age, until we are notified of the proceedings of Congress
upon that head.

These reasons, without mentioning others that might be
given, may induce you, Gentlemen, to suspend this busi-
ness accordingly.

1786. — Governor's Messages, Etc. 917

The report made to Congress, relative to the establish-
ment of a mint for the United States, accompanies the
papers above mentioned.

JAMES BOWDOIN.

Council Chamber, June 12, 1786.

Chapter 15. Chap. 15

[May Session, ch. 15, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

By the last Post I received a letter from Mr. Thomson,
of the sixth instant, giving information that the United
States, in Congress assembled, had, on that day, chosen
his Excellency Nathaniel Gorham, Esqr ; to be their
President : as you will observe by the accompanying
letter.

JAMES BOWDOIN.

Council Chamber, June 12, 1786.

Chapter 21. Chap. 21

[May Session, ch. 21, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

I have had a Letter from Govern our Vandyke, of the
State of Delaware, dated the 15th of March, mentioning,
that the Assembly of that State have by law vested Con-
gress with powers to regulate Commerce for the term of
fifteen years : the law to operate as soon as nine States
have given Congress similar powers.

I have also had Letters of the 5th and 12th of April,
from Mr. President Langdon, of the State of New Hamp-
shire, and Charles Piddle, Esqr ; Vice President of the
State of Pennsylvania: the former mentioning, that the
General Assembly of New Hampshire had chosen Com-
missioners to meet Commissioners from the other States
in the Union, for the purpose of considering the Commerce
of the United States, agreeably to the proposals made by
the Assembly of Virginia : and the latter enclosing Acts
of the Assembly and Executive Council of Pennsylvania,
appointing Commissioners for the same purpose.

918 1786. — Governor's Messages, Etc.

These several letters are communicated to you, Gentle-
men, for your information.

With regard to the business to which the two last refer,
as it is of great importance there should be a full repre-
sentation of the States, upon so interesting an occasion,
you will probably think proper to choose other persons to
represent this State, in the room of such as have declined
accepting the former choice.

For that purpose, Gentlemen, and to insure a represen-
tation on our part prior to the recess of the General Court,
a speedy attention to this business may be necessary.

JAMES BOWDOIN.

Council Chamber, June 14, 1786.

Chap. 29 Chapter 29.

[May Session, ch. 29, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

By a circular letter from the honorable Mr. Jay, the
minister for foreign affairs, dated the 3d of May, and
written by order of Congress, I was requested to inform
him, whether, and how far the Commonwealth of Massa-
chusetts, has complied with the proclamation of Congress
of the 14th of January, 1784, and the recommendation
which accompanied it, pursuant to the definitive treaty of
peace, between the United States of America, and Great
Britain.

In consequence of that letter, I directed the Secretary
to examine the acts and resolves, which have been passed
by the Legislature since that time, and extract from them,
and authenticate, such as would furnish the information
requested. These I sent enclosed with a letter to Mr.
Jay: the whole being within a cover, directed to our
Delegates. The titles of them, with a copy of the Secre-
tary's declaration, which was also sent, will with my let-
ter of the 17th of May, be communicated to you.

I have also had several letters from Mr. Thompson,
Secretary of Congress, enclosing a state of the represen-
tation in Congress for the months of March, April, and
May. During the first half of the last month, there was
a pretty full representation : but it has since dwindled so

1786. — Governor's Messages, Etc. 919

far, that there is not a sufficient representation to transact
a great deal of important business lying before them ;
and which requires the presence of at least nine States in
Congress.

Another letter of Mr. Thompson, of the 18th of April,
mentions his receiving the account, which, at the request
of the General Court in their last session, I transmitted
to him, of the number of inhabitants within this Common-
wealth, taken pursuant to a requisition of Congress for
determining the quotas to be demanded from the several
States of any common expence — he writes he had com-
municated it to Congress, together with the Act of this
Government, transmitted at the same time, providing,
among other things, for raising £145,655 — for the pur-
pose of complying with the requisition of Congress of the
27th of September, 1785.

Mr. Thompson has also sent the Journal of the transac-
tions of Congress for some time : which with the afore-
said letters, will be laid before you, gentlemen, by the
Secretary.

JAMES BOWDOIN.

Council Chamber, June 16, 1786.

Chapter 30. Chap. 30

[May Session, ch. 30, 1786.]

Gentlemen of the Senate, & Gentlemen of the House of
Representatives,

It is probable the Commissioners appointed by Congress
to settle the boundary line between this State and New
York, on the Eastern side of the latter, will proceed upon
that business some time in the next month.

The Agents on our part were directed, by a Resolve of
the General Court of the 14th of March last, to make
suitable provision for the Accommodation of those Com-
missioners, during the time they may be employed in the
business : but no grant of money has been made for that
purpose.

One of the Agents, the honorable Timothy Edwards,
Esqr ; is now in Boston, and if enabled by such a Grant,
will undertake to make the needful provision. His letter
of this day relative to it, accompanies this Message.

In estimating the sum necessary to complete this busi-

920 1786. — Governor's Messages, Etc.

ness, you will have regard, Gentlemen, to a compensation
of the Commissioners for their services ; for which they
were assured by a joint letter to them from our Delegates
and those of New York, that satisfactory compensation
should be made.

Agreeably to the Resolve of the General Court of the
14th of March, I transmitted to our Delegates on the 29th
of that month, copies of the Letters and Papers therein
referred to, together with a copy of the Resolve : that
they might communicate the same to the said Commission-
ers : but I have not since had any intelligence from them
upon the Subject.

I sent to the General Court two Messages concerning
it, dated the 11th of February and 6th of March last, and
to which you will please to be referred.

This business, Gentlemen, requires a speedy attention.

JAMES BOWDOIN.
Council Chamber, June 16, 1786.

Chap, 34 Chapter 34.

[May Session, eta. 34, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representa t ives ,

The Secretary of Congress, by his letter to me of the
22d of April, has transmitted Copies of the Treaties,
which Congress, by their Commissioners, have entered
into with the Shawanese, Cherokee, Choctaw, & Chicka-
saw Indian nations.

He observes, that considering how important it is to the
whole confederacy, that the Savages on our borders should
be impressed with a sacred regard for treaties, and with a
firm confidence in our justice & national faith, it is not
doubted that the Government of this Commonwealth, will
exert the means in its power to enforce a due observance
of the several articles of these Treaties, so far as they con-
cern the Commonwealth, or relate to the conduct of its
citizens.

The""Letter & Treaties, Gentlemen, are herewith com-
municated to you.

JAMES BOWDOIN.

Council Chamber, June 19, 1786.

1786. — Governor's Messages, Etc. 921

Chapter 35. Chap. 35

[May Session, ch. 35, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

Ity a Letter from James Avery, Esqr ; our Excise Offi-
cer at Machias, to the Secretary, dated at Majabagaduce,
of the 31st of May, and which accompanies this Message,
it appears, that in each Bastion of the Fort, which the
British Troops built upon that land, there were Arches
and apartments of great thickness, and Bomb proof, in
which there cannot be less than four or five hundred thou-
sand of Bricks : That one Mr. Perkins is now pulling
down those Arches, and selling the Bricks to the inhabit-
ants, as his property, as being on land belonging to him
by possession : That this procedure must be an injury to
the public, as he conceives those Arches, and the whole
remains of the Fort are in fact the property of the Com-
monwealth, upon whose land the Fort was built ; And
that the Bricks, if properly taken care of, would be of
considerable value to the Government. If this should be
your Opinion, Gentlemen, the measures necessary to be
taken to secure them for the use of the Government, can-
not be too expeditious.

JAMES BOWDOIN.

Council Chamber, June 19, 1786.

Chapter 40. Chap. 40

[May Session, ch. 40, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

By the Post I had a Letter from Mr. Thomson, the
Secretary of Congress, dated the 9th instant: with which
were enclosed the continuation of their Journal from the
3d of March to the 2d instant ; and also copies of a Treaty
of Amity and Commerce, between his Majesty the King
of Prussia, and the United States of America.

The Treaty was compleated by the Signature of the
Prussian Minister, the 10th of September last, at the
Hague. It was ratified by Congress the 17th of May ;

922 1786. — Governor's Messages, Etc.

and is to be in force during the term of ten years from the
exchange of the Ratifications.

The Letter, Journal and Treaty, Gentlemen, will be
laid before you by the Secretary.

JAMES BOWDOIN.

Council Chamber, June 20, 1786.

Chap. 45 Chapter 45.

[May Session, ch. 45, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives ,

The last Evening I had a Letter from our Delegates in
Congress, dated the 18th instant ; by which you will ob-
serve they had applied to one of the Agents of New York,
to agree in the nomination of two Judges to compleat a
federal Court for determining the controversy between
this State and that, relative to the Western territory.
But no intelligence had been received from them on that
head : occasioned probably by their desire to procrastinate
a settlement, until they had disposed of all the lands in
controversy.

This idea is suggested by the letter, in which our Dele-
gates say, they should be wanting to the duty they owe
the State, if they neglected to give information, that very
large quantities of the lands in controversy had, within a
few days, been sold at Publick Auction in the City of
New York, pursuant to an Act of the legislature of that
State. And they add, that the silence of Massachusetts,
more especially as the sales are publick, may hereafter be
urged against our right.

After adopting such measures as you shall judge suit-
able for the present, would it not be requisite, Gentlemen,
to invest our Delegates with certain powers relative to
that territory, whereby they might be enabled as occasion
should offer, to counter-act without delay the proceedings
of New York, both publick & private, calculated to
invalidate our right, and engross the whole territory to
themselves ?

The said letter enclosed a Letter from the Commis-
sioners appointed by Congress to run the Eastern line of

1786. — Governor's Messages, Etc. 923

the State of New York, which last letter, is directed jointly
to our Delegates, & those of New York.

You will observe, Gentlemen, by those letters, which
accompany this Message, that one of the Commissioners,
Mr. Ilutchins, cannot attend on this business, which must
be postponed for some short time ; that they have pro-
posed another Commissioner in his stead : and that our
Delegates will give the earliest information of the result.
This will be communicated as soon as it shall be received.

JAMES BOWDOIN.

Council Chamber, June 23, 1786.

Chapter 66. Chap. 66

[May Session, ch. 66, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

A Committee from the Selectmen of the town of Boston
have informed me, that agreeably to a vote of the Town,
an Oration will next Tuesday, the fourth of July, be de-
livered at the Chapel-Church, in commemoration of the
Freedom & Independence of the United States of Amer-
ica; that seats will be reserved for the Gentlemen, com-
posing the several branches of the Government ; & that
the hour of Assembling for the purpose, will be such, as
shall be most convenient to them.

As it has been a constant practice, founded on the
strictest propriety & fitness, for the Government to com-
memorate that great Event, which it is most earnestly to
be wished, the future annals of America may demonstrate
to be, not only great, but, in its consequences, glorious
& happy ; (for effecting which, wisdom & exertion in the
present Generation are, under Providence, essentially
necessary.) You will probably judge it suitable, that it
should be done upon the approaching Anniversary of the
Event ; & in that case will determine in what manner it
shall be commemorated. At the same time, Gentlemen,
you will please to let me know what return shall be made
to the Message of the Selectmen.

JAMES BOWDOIN.

Council Chamber, June 28, 1786.

924 1786. — Goveknor's Messages, Etc.

Chap. 85 Chapter 85.

[May Session, ch. 85, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Rep resen tatives,

On the subject of the navigation Act I have just re-
ceived a Letter from the Naval Officer of the Port of
Boston. By his Letter and by conversing with him, it
appears he has some doubts respecting the operation or
the suspension of that Act, as it regards his conduct in
Office.

He also mentions, that we shall stand in great need of
additional funds to support our Light Houses. On this
head he has made several observations, proper for the
consideration of the Legislature.

The Letter will be herewith communicated, & you will
take such measures concerning the subject of it, Gentle-
men, as you shall judge suitable.

JAMES BOATOOIN.

Council Chamber, July 6, 1786.

Chap. 92 Chapter 92.

[May Session, ch. 92, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

The last evening, by Mr. Henry Thaxter, I received a
Letter from Stephen Jones and James Avery, Esqrs, dated
at Machias, the 29th of June. They mention in it, that
by letters from Col. Allan, and Mr. Delesdernier (a copy
of which was enclosed) they are informed of a most dar-
ing insult upon the dignity of this Commonwealth, and
the United States, committed on the 26th of that month,
by the civil and custom house Officers of the British
Province of Neiu Brunswick, in seizing two vessels, the
property of the Citizens of this Commonwealth, and
within the acknowledged jurisdiction of it. Col. Allan's
letter, dated at Dudley Island, the 27th of June, men-
tions, that the Acts of JVew Brunsioick, which are now
published, extends the western boundary of Charlotte
County, to the western shore of Passamaquoddy Bay ;

1786. — Governor's Messages, Etc. 925

that the seventh Parish, called the West Isles, includes
Moose, Dudley, and Frederick Islands, expressly ; and
consequently that the United States are wholly debarred
from all navigation in and into that Bay.

By enquiry of Mr. Thaxler, I find the two vessels were
seized, as they lay at anchor near the western shore of
the West Passage into Passamaquoddy . — This conduct
corresponds to those acts, and both together, shew a dis-
position to exclude us from the navigation of that bay,
and at the same time must be considered as a violation
of the definitive Treaty of Peace between the United
States and Great Britain.

I have lately received depositions from Mr. Avery,
abovementioned, dated the 12th of May, at Moose Island,
concerning the conduct of Sheriff Wier, an Officer of
New Brunswick: which have been obtained in conse-
quence of a Resolve of the General Court, passed at the
last Session. — These, with the letters above referred to,
will be laid before you, Gentlemen, for your information,
and determination concerning the subject of them.

JAMES BOWDOIN.

Council Chamber, July 7, 1786.

Chapter 93. Chap. 93

[May Session, ch. 93, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

The post of last night brought me a letter from our
Delegates in Congress, dated the 30th. ultimo, enclosing
a copy of a joint letter from them, and the Delegates of
New York, to Mess'rs. Ewing and Ritlenliouse, two of
the Commissioners appointed to settle the eastern bound-
ary line of that State.

It appears by the joint letter, that the Delegates of the
two States are of opinion, that the actual running of that
line may with greater facility be effected in the fall of the
year ; & therefore propose the beginning of October next
as a proper time to commence the executing it : but if
that time should not comport with the other engagements
of those Commissioners, they say they must submit to
its being deferred another year.

926 1786. — Governor's Messages, Etc.

They add, that they have such perfect reliance on their
integrity, and abilities, as, in case of Mr. Hutchins's in-
ability to attend, supercedes the necessity of any other
appointment.

You will probably think it proper, Gentlemen, that the
Agents on our part, appointed to attend those Commis-
sioners, should, as soon as possible, be notified of the
postponement of this business.

JAMES BOWDOIN.

Council Chamber, July 7, 1786.

Chap. 94 Chapter 94.

[May Session, ch. 94, 1786.]

Gentlemen of the /Senate, and Gentlemen of the House of
Representatives,

In my address to you at the beginning of the present
Session, among other matters of importance, I informed
you, that this State, with regard to a balance due to the
United States, is considerably in arrear ; & that the Loan
officer had been with me, requesting, that I would repre-
sent to the General Court the urgent necessity which
presses for the speedy payment of it. —

I have just received a Letter from the same officer, who
has been enjoined by the Commissioners of the Board of
Treasury, to renew his application to the Government
of this Commonwealth, that some effectual measures may
be adopted to hasten the collection of the Taxes appro-
priated to the United States. — Mr. Appleton's applica-
tion to me on the subject, together with Treasurer Ivers's
confirmation of the Statement of payments, made since
December 1783, will be delivered to you by the Secretary.

JAMES BOWDOIN.

Council Chamber, July 7, 1786.

1786. — Governor's Messages, Etc. 927

Chapter 1. Chap. 1

[September Session, ch. 1, 1786.]

Pursuant to the Governor's Proclamation of the 13th ult.
a number of the Members of both Branches of the
Legislature met at the State House in this Town yester-
day ; but there not being a Quorum of the Senate, they
adjourned to this Day. The Governor, being then duly
informed of the Court's readiness to proceed to business,
at twelve o'clock, met the two Branches in the Chamber
of the Representatives, when his Excellency thus ad-
dressed them :

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

Having received a Letter from Mr. Secretary Thomson,
enclosing the Requisition of Congress of the second of
August, and other Acts of that honorable Body, I laid it,
with those Acts, before the Council. After due deliber-
ation, they thought it adviseable, the General Court
should be convened earlier than the day to which they
were adjourned ; in order to consider the subject of that
requisition : and the Court's meeting was to have been at
a time less inconvenient, than the present, for the Mem-
bers to attend. It has been judged expedient, however,
to call the Court together on a still earlier day ; and
accordingly you now stand convened, Gentlemen, by
proclamation, in consequence of the unanimous advice of
the Council.

The occasion of it, as mentioned in the Proclamation,
are the tumults and disorders, which have lately taken
place in several Counties within this Commonwealth, and
the consequent obstructing the Courts of Common Pleas,
and General Sessions of the Peace, in those Counties. —
The particular facts will be communicated to you by
official letters from each of the Counties, excepting
Hampshire; from which no such letter has been yet
received. The High Sheriff of it however, has given me
a verbal account of them, as relative to that County.

In this business, Gentlemen, I will give you a short
sketch of the transactions of the Governour and Council,
and of the Governour and another advising body, specially
called for the purpose ; and then make a few observations,

928 1786. — Governor's Messages, Etc.

that may appear to result from the commotions, which
have happened.

It is however, to be previously observed, that in all
cases, where the detriment or annoyance of the Common-
wealth is attempted or enterprized, the Governor, ex
officio, by the Constitution is authorized, and it is thereby
made his duty, to call forth the inhabitants in martial
array ; and by force of arms to resist, and repel, all and
every such person or persons, as shall at any time, in a
hostile manner, attempt or enterprize such detriment or
annoyance.

In consequence of that authority, and with the advice
of the Council, orders were issued to the Major General
of each of those Counties, viz. Worcester, Berkshire,
Middlesex and Bristol, to hold in readiness such a number
of the Militia as the Sheriff, upon a previous consultation
with him, should judge needful : who, as a part of the
posse comitatus, were to march at the call of the Sheriff,
to assist him in the discharge of his duty : a letter of
instructions having been sent to each of them on the sub-
ject. At the same time, a Proclamation, occasioned by
the stopping the Court of Common Pleas in the County
of Hampshire, was issued by the like advice ; requiring all
Officers, civil and military, and most earnestly calling
upon the good people of the Commonwealth, for their aid
and exertions, to prevent and suppress all such violent
and treasonable proceedings. And the Governor was
directed to prosecute, and bring to condign punishment,
the Ringleaders and Abettors of such attrocious violations
of law and Government.

Those orders, together with the Proclamation, it was
hoped, would have prevented such lawless proceedings in
the County of Worcester : but, unhappily, they did not.
— An account of those proceedings being transmitted to
me, in the recess of the Council, by the honorable Artemas
Ward, esqr ; the first Justice of the Court of Common
Pleas for that County, I communicated it to a number of
Gentlemen of public character whom I convened for that
purpose, viz. such of the Council as were in Boston, the
Senators and Representatives of that town, the Judges of
the Supreme Judicial Court, and the Attorney-General :
to whom I also communicated the transactions of the
Governour and Council, in consequence of the proceedings
in the County of Hampshire. — I then requested their

1786. — Governor's Messages, Etc. 929

advice, what further measures were necessary to be taken,
in support of the Judicial Courts, that were the following
week to sit in three of those Counties. Their votes, upon
the occasion, will shew their opinion and advice : to which
the measures, that were pursued, were conformable. To
those votes, to the proceedings of the Council, and to the
several letters and papers, that relate to the transactions
of the Insurgents in the several Counties, you will please
to be referred for fuller information.

What led to the unwarrantable and lawless proceedings
of those insurgents will be a necessary subject of serious
Inquiry. The investigating the true causes of those pro-
ceedings may point out the proper remedy of them in
future. But whatever may be the causes, it is impossible
they should amount to a sufficient and justifiable reason
for them. Every complaint, or grievance, that can be
offered, as a reason to palliate them, is, from the nature
of the Constitution, redressible by the General Court, the
only body, within whose department it is, to redress public
grievances. The application, therefore, to all other bodies,
and all other modes of redress, are anticonstitutional, &
of veiy dangerous tendency, even when attempted in a
peaceable manner : but much more so, when attempted by
acts of violence, for preventing the execution of the laws,
and the due administration of Justice.

These observations are strictly just, where there is a
constitutional mode for the redress of grievances : and
especially where those in Government, who have the power
to redress, annually depend on the people for political
existence.

If at present, or in any future time, there should be any
real grievances subsisting, they ought to be, and there is
a moral certainty they Will be, redressed : for no tax or
burthen, of any kind, can be laid upon the people, that
does not equally affect, the persons who lay them ; and
if, through inadvertence, mistake, or any other cause,
their Acts are productive of any grievous or unsalutary
effect, they themselves must feel it ; and therefore will be
prompted, not only from a principle of duty to their con-
stituents, but from their own feelings, to repeal or alter
the obnoxious Act.

Hence appears the excellency of our Constitution of
Government, which, in this way, so effectually secures the
people of the Commonwealth from every species of op-

930 1786. — Governor's Messages, Etc.

pression and grievance. — To an inattention to this capital
and essential circumstance, it must be owing, that so many
of the good people of those Counties have been unhappily
and incautiously induced to support, or not oppose, the
destructive measures, which artful and wicked men have,
for some time past, been pursuing ; and which, with inde-
fatigable industry, they are still pursuing. Some of the
fruits of those measures have already appeared, by their
obstructing the Courts of Justice in several Counties ; by
their liberating the Prisoners from the Goal of one of
them ; and by their endeavouring to destroy all confidence
in Government ; and that security to life, liberty and
property, which results, and can result, only from the firm
union of the whole ; and from the application, if neces-
sary, of the strength of the whole to the protection and
preservation of any of its parts ; and for the obtaining
of which, this people have expended so much of their
wealth, and, what is more valuable, so much of their blood.

If that security, confirmed by the Constitution, and
which is the great object of it, was worth obtaining at so
much expence, it must be worth preserving : but the pres-
ervation of it must depend on the people themselves.

If in any County, upon any emergency — such an one
as hath lately happened, relative to the Courts of Justice
— the Militia, considered as the posse comitatus, are, in a
constitutional way, called upon to assist the Sheriff and
the Court, in the discharge of their duty, and refuse to
appear; or appearing, join the insurgents, the laws cannot
be executed, nor justice administered, in such County,
even by recurring to other Counties for assistance ; for
obtaining of which there could not be sufficient time.
The good people of such County must in that case be
liable to, and be in danger of, all the evils, that may arise
from a suspension, or prostration of law and justice.

If this be the unhappy case, in regard to any of the
aforementioned Counties, is it not adviseable for them to
consider, whether it be not the result of their own su-
piness or inattention ? Whether the evils that have arisen,
or may arise from such a cause, be not chargeable upon
themselves? whether any adequate and complete remedy
can be applied without their own exertion ? and whether,
in connection with it, the laws and Constitution do not
afford such a remedy ?

In fact, if the good people of the Commonwealth, when

1786. — Governor's Messages, Etc. 931

called upon by the civil authority, and especially by the
Supreme Magistrate, would duly exert themselves, the
remedy against such evils would be complete ; but without
such exertion, the best remedial laws, made upon the plan
of the Constitution, which has provided no other resource,
would be ineffectual ; and prove as baseless as the fabrick
of a vision. Upon this idea of non-exertion, the provision
made by the Constitution is a nullity, so far as it respects
the means of securing the public peace, and the due ex-
ecution of the laws : and the people will deceive them-
selves, if they expect any benefit from it in that regard,
independent of their own exertion.

But jealousy, or something worse, may suggest, that
such obedience to the calls of the Supreme Magistrate
may involve the Commonwealth in difficulties ; and pos-
sibly subject it to his arbitrary sway, or even to his caprice.

Jealousy, or rather circumspection, to a certain degree,
is a political virtue : but carried to excess, defeats its own
views ; and may deprive the Commonwealth of every
benefit, expected to be derived from such a Magistrate ;
especially in matters, that concern its internal peace.

If it should so far operate as to destroy the public con-
fidence in him, very little benefit could be expected from
his administration, especially in all important cases, where
that confidence might be necessary.

Such a confidence in Government is, in my estimation,
so necessary to its beneficial operation ; and so essential
to the happiness of the people, that, in justice to them, I
am obliged to declare, that it is the indispensible duty of
the people to elect no man for their Governour, in whose
rectitude and character they cannot place a firm and entire
confidence. And it must be the wish of every elected
Governour, guided by honest principles, and possessing
a proper independency of spirit, that unless the public
suffrage be accompanied with the public confidence, if in
fact they can be seperated, it might be transferred from
himself to some qualified man, who is the object of that
confidence.

In regard to the Constitution — ample powers, all of
which are necessary for the peace, security and welfare of
the Commonwealth, are vested by it in the Governour:
but the good effects, that might result from the exercise
of the most important of them, must be through the
medium of the people.

932 1786. — Governor's Messages, Etc.

If, for instance, by virtue of those powers, he should,
upon any emergency, call upon the people for their aid,
it is by the Constitution made their duty to give it : and
their refusing or neglecting to give it, might operate to
the sn-eat detriment of the Commonwealth, or of the
County, from which the aid was demanded : but no real
detriment could accrue to either, from the exercise"of that
power, if he had sufficient discretion to direct it. But
admitting, that through indiscretion or mistake, he should
make an unnecessary call, which is by no means probable,
the ill effects of it would amount only to an inconvenience :
the chance of Avhich must be risked rather than hazard the
peace and safety of the Commonwealth.

If these observations be just, it is, on the one hand, the
duty of the Governour to call upon the people for their
aid, when emergencies or the public safety, concerning
which he is constituted the Judge, shall require it : and
on the other hand, it is the duty of the people, and it may
be essential to their own peace and safety, to give the
demanded aid.

If these, and other reciprocal duties, be punctually
discharged, the Constitution will answer the great and
good purposes, for which it was made ; and which it is,
in that case well calculated to answer.

Whether these duties have been faithfully discharged
on the part of the present Governour, it is not for me to
determine ; but had the good people of some of the
Counties, above-mentioned, discharged the duty incum-
bent on them — the duty they owe to themselves, and to
the State at large, in reference to the late insurrections —
the Constitution and the laws would not, it is presumed,
have been so grossly violated ; the dignity of Government
would not have been insulted ; nor that essential part of
it, the honorable the Senate and House of Representatives,
now put to the trouble and inconvenience of assembling,
at this busy season of the year.

I have thus laid before you, Gentlemen, an important
part of the business, for which you are convened : and it
cannot be doubted, that you will take the most vigorous
measures, effectually to vindicate the insulted dignity of
Government ; enforce obedience to the laws ; and secure
the good people of the Commonwealth against all future
infractions upon their peace ; and in particular, against
every outrage upon their Courts of Justice.

1786. — Governor's Messages, Etc. 933

Among those measures, as respecting future emergen-
cies, the quickest in operation, and the most effectual,
would be, to insure from the people a ready and spirited
observance of the calls and orders of Government : and
in such measures — measures vigorous & effectual — you
may be assured, Gentlemen, of my hearty concurrence.

A speedy attention to such measures becomes more
important, as by letters I have just received from the
Major General, and the High Sheriff, of the County of
Hampshire, there were great appearances of an intended
attempt to obstruct the sitting of the Supreme Judicial
Court in that County.

Those letters, dated the 25th instant, at Springfield,
where that Court was to sit the next day, will, with the
other letters and papers, be laid before you by the Secre-
tary.

Another important business Gentlemen, which requires
your speedy attention, is the requisition of Congress for
the services of the present year : but this with other
matters, necessary for your consideration, will be com-
municated by message.

JAMES BOWDOIN.

Council Chamber, September 28, 1786.

Chapter 2. Chap. 2

[September Session, ch. 2, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

Since the recess of the General Court, I have received
a Letter from Mr. Secretary Thomson, of the 12* of
August, enclosing sundry Acts that had been lately passed
by Congress; Among them are — A resolve, containing
a requisition for the present year ; An ordinance for the
regulation of Indian affairs ; An Act, fixing the standard
of Gold and Silver, the weight and value of the money
unit ; the money account of the United States ; and the
different species of coins. And An Act, again recommend-
ing to the States of North Carolina, South Carolina, &
Georgia, the making to the United States, cessions of
their claims to Western territory, for the use of the United
States.

934 1786. — Governor's Messages, Etc.

With regard to the first, the resolve requires, that for
the services of the present year, 1786, for the payment of
the interest, and two instalments of principal on the
French and Dutch loans, that are payable according to
the contracts in the beginning of the year, 1787, and for
the payment of one year's interest on the domestic debt,
there shall be paid into the common treasury, on or before
the first day of January next, three millions, seven hun-
dred and seventy seven thousand, and sixty two dollars,
and forty three ninetieths of a dollar. Of that sum, the
quota assigned to be paid by this Commonwealth, is three
hundred tioenty four thousand, seven hundred and forty
six dollars in specie, and two hundred and forty thousand,
three hundred and seventy dollars in indents.

This requisition, when paid, will be passed to the
credit of the States, respectively, on the terms prescribed
by the resolve of Congress of the 6th day of October,
1779, one of which is, "that the several States be
respectively charged with annual interest of six per cent.
on all deficiencies in the payment of the several quotas,
which have been, or may be required of them."

As one million, six hundred and six thousand five hun-
dred & sixty dollars, of the sum called for, is to be
applied to the payment of the interest of the domestic
debt, the several States are allowed to discharge the same
by indents or certificates, for interest on loan office cer-
tificates, and upon other certificates of the liquidated
debts of the United States ; such interest to be settled,
and certified by the loan Officer, to the last day of the
year 1785.

Provided, that such loan Officer, shall not on any pre-
tence whatever, settle or issue any certificate for such
interest, until the state, for which he is continental loan
Officer, shall have passed an Act, providing adequate
funds for complying with this requisition.

And for preventing the depreciation of such certificates,
the Legislature of each State, is required to provide in
the act complying with this requisition, that if, on the
first day of July, 1787, the State's quota of the said cer-
tificates so to be issued, shall not be in the hands of the
State Treasurer, or other proper Officer, the deficiency
shall be collected and paid into the Continental treasury
in specie ; which, when so paid, is by the said resolve,
appropriated to the redemption of such Surplus certifi-

1786. — Governor's Messages, Etc. 935

cates. And the said resolve further provides, that the
State receiving such certificates, and paying the same into
the public treasury, with the proportion of one dollar, and
one third in Specie, for one dollar in such certificates or
indents, shall have credit therefor : and that such pay-
ment shall be considered, as a discharge of the interest on
the domestic debt, in the proportion that each State
avails itself of the said certificates of interest.

These appear to be the essential parts of the requisition,
to which the attention of the General Court is most neces-
sary.

The requisition is made, in virtue of the powers of the
Confederation ; and is declared by Congress, to be oblig-
atory on the States as such : which is a circumstance,
Gentlemen, that requires your particular attention.

In the last preceeding requisition, after the most solemn
deliberation, & under the, fullest conviction, that the pub-
lic embarrassments were such, as they had represented,
Congress thought it their duty, explicitly to declare, that
the crisis had arrived, when the people of these United
States, by whose will, and for whose benefit the federal
government was instituted, must decide, whether they
will support their rank as a nation, by maintaining the
public faith at home and abroad ? or whether, for want of
timely exertion, and thereby giving strength to the con-
federacy, they will hazard, not only the existence of the
Union ; but of those great and invaluable privileges, for
which they have so arduously, & so honorably con-
tended ?

And to the end, that Congress might remain wholly
acquitted from every imputation, of a want of attention
to the interest and welfare of those, whom they represent,
they further declare, that whilst they are denied the
means of satisfying those engagements, which they have
constitutionally entered into for the benefit of the nation,
they hold it their duty to warn their constituents, that the
most fatal evils will inevitably flow from a breach of pub-
lic faith, pledged by solemn contract, and from a violation
of those principles of Justice which are the only solid
basis of the honor and prosperity of nations.

Upon this occasion, Gentlemen, I would only observe,
that these sentiments of Congress, so important in them-
selves, and so lately expressed, appear to merit your
serious consideration; for which the aforesaid requisition,

936 1786. — Governor's Messages, Etc.

in connection with those sentiments, is now laid before
you.

JAMES BOWDOIN.

Council Chamber, September 29, 1786.
Chapter 4.

[September Session, ch. 4, 1786 ]

Chap. 4 Gentlemen of the Senate and Gentlemen of the House of
Representatives.

By the last Post, I received a letter of the 14th of Sep-
tember, dated at Annapolis in Maryland, from John
Dickinson, Esqr ; Chairman of the commissioners, lately
assembled there for the purpose of forming Commercial
regulations for the United States.

It was accompanied with a Copy of their report to the
Legislatures of those States, by whom they were de-
puted : & it appears by it, they had seperated, without
entering upon the business for which they were appointed.
The like information, I had some days before received by
a letter from the gentlemen appointed on our part, Com-
missioners in that business. The reason of the sepera-
tion, as given in the report, is, that the express terms of
the delegated powers, supposed a deputation from all the
states ; & having for its object the trade &> commerce of
the United States, they did not conceive it adviseable to
proceed on the business of their mission, under the cir-
cumstances of so partial & defective a representation :
there being only five States represented.

Deeply impressed however, with the magnitude & im-
portance of the object confided to them, they could not
forbear to express their earnest & unanimous wish, that
speedy measures may be taken to effect a general meeting
of the States, in a future convention for the same, & such
other purposes as the situation of public affairs may be
found to require.

Under that impression, the Commissioners beg leave to
suggest their unanimous conviction, that it may effectu-
ally tend to advance the interest of the Union, if the
States, by whom they have been respectively delegated,
would themselves concur, & use their endeavors to pro-
cure the concurrence of the other States in the appoint-
ment of Commissioners to meet at Philadelphia, on the

1786. — Governor's Messages, Etc. 937

second monday in May next, to take into consideration
the situation of the United States, to devise such further
provision, as shall appear to them necessary to render the
Constitution of the federal government, adequate to the
exigencies of the Union ; & to report to Congress, such
an Act for that purpose, as when agreed to by them, and
afterwards confirmed by the legislature of every State,
will effectually provide for the same.

The aforesaid Letters & report, will be laid before you,
Gentlemen, for your further information ; & for your con-
sideration of the subject mitter of them.

A letter from one of our Delegates in Congress, the
honorable Mr. King, dated Philadelphia, the 17th of
September, relative to the same convention, is herewith
also communicated.

JAMES BOWDOIN.

Council Chamber, October 2, 1786.

Chapter 5. Chap. 5

[September SessioD, ch. 5, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

On the subject of the insurrection in the County of
Hampshire, for preventing the sitting of the Supreme
Judicial Court, the last week, at Springfield, I have al-
ready communicated to you, letters from the Major Gen-
eral, and the high Sheriff of that County.

By the Post of last Saturday, I received another letter
from the Major General, giving a further account of his
proceedings : & yesterday two of the Judges of that
Court returned from Springfield ; who have given me a
circumstantial account, under their signature, of the pro-
ceedings of the Court ; of what passed between the Court
& the insurgents, and between a body of the militia, &
those insurgents.

To that letter & account, and to the papers accompany-
ing them, you will please, gentlemen, to be referred for
a full and particular information.

Upon this occasion it gives me pleasure to observe, that
the Court behaved with great firmness & propriety : & in
a manner that dignifies their dignified character. It is
equally just to observe also, that the major General in

938 1786. — Governor's Messages, Etc.

particular, the Officers in General, & the whole body of
militia, that assembled for the protection of the Court,
conducted like men impressed with a sacred regard for
the Laws & Constitution of their Country ; and deter-
mined at every risk to support them ; & their strict disci-
pline & military conduct, entitle them to singular honor :
to which the high Sheriff of the County, for his good con-
duct, is also entitled.

JAMES BOWDOIN.

Council Chamber, October 2, 1786.

Chap. 7 Chapter 7.

[September Session, ch. 7, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives .

The Commissioners appointed by a resolve of the Gen-
eral Court, of the sixth of July last, to treat with the
Penobscot tribe of Indians, respecting their claim to lands
on Penobscot River, have with their letter to me, dated at
Penobscot, the 30th of August, transmitted a report of
their proceedings with those Indians.

By the report it appears, that it was agreed by the said
Indians on their part, that they would relinquish all their
claims & interest to, & in all the lands on the west side
of Penobscot River, from the head of the tide, up to the
River Pasqualaquiss, being about forty three miles ; and
all their claims & interest on the east side of the River,
from the head of the tide aforesaid, up to the river Man-
tawomkeektook, being about eighty five miles ; reserving
only to themselves, the Island on which the Old Town
stands, about ten miles above the head of the tide, & those
Islands on which they now have actual improvements, in
the said river, lying from Sunkhaze River, about three
miles above the said old town, to Passadunkee island in-
clusively ; on which Island their new town, so called, now
stands.

In consideration hereof, the Commissioners, in the name
& behalf of the Commonwealth, engaged, that the said
Indians should hold & enjoy in fee, the islands reserved
as aforesaid, & the fee of two islands in the bay, called
& known by the names of white island, and black island,
near Naskeeg point. And the commissioners further agreed

1786. — Governor's Messages, Etc. 939

that the lands on the west side of the River Penobscot, to
the head of all the waters thereof, above the said river
Pasquataquiss, & the lands on the east side of the river,
to the head of all the waters thereof, above the said river
Mantawomkeeldooh , should lie as hunting ground for the
Indians, & should not be laid out or settled by the State,
or engrossed by any individuals thereof: and they further
agreed, to make the Indians a present of three hundred &
fifty blankets, and two hundred pounds of powder, with a
proportion of shot and flints.

And the Indians on their part further agreed & engaged,
that as soon as the agreement should be confirmed on the
part of the Commonwealth, & the blankets, powder, shot
& flints delivered, that they would sign a relinquishment
of all their right & interest to the lands, agreeably to the
above contract.

The sketch of the river from the head of the tide to its
source, will give an idea of what the Indians have sur-
rendered, and what they retain. — As the Commissioners
think it a matter of real importance, that the blankets &
other articles should be forwarded, as soon as may be, you
will probably think fit, Gentlemen, to make provision for
that purpose ; & appoint the Chairman, or some one of the
Commissioners, to compleat the negociation, by delivering
to those Indians the stipulated articles, upon his receiving
in behalf of the Commonwealth, a proper deed of the
ceded lands.

At the same time he should be instructed to attend to
their complaints, in regard to the fraudulent conduct of a
french priest among them.

The same Commissioners by another report, & letter of
the 12^ of September, have in consequence of their instruc-
tions, given it as their opinion, that it is a matter inter-
esting to the Commonwealth in general, as well as to the
inhabitants settled to the eastward of Penobscot river, that
a road should be opened therefrom, eighty feet wide, to
the Bay of Passamaquoddy , near the mouth of Schooduck
river: the lines of which road are particularly described.
That there is a number of plantations to the eastward of
Penobscot river, proper to be incorporated, and whose
circumstances require it. — That there is a number also to
the westward of Penobscot, to whom incorporation would
be beneficial ; but the Commissioners are restrained from
reporting as fully in favour of incorporations on that side

940 1786. — Governor's Messages, Etc.

of the river, because the limits & extent of several patents
& claims are not yet ascertained & agreed on.

That the great remove of the people in the eastern part
of the County of Lincoln, from the Courts of Justice
makes it needful, that two new Counties should be formed
there: the lines of which are described. — That many
marriages having been performed in that County, in a way
not agreeable to Law : a return of such should be made to
the Secretary's Office for confirmation by Acts of the
Legislature: — That for want of the late Tax- Acts, they
have not known in what mode to make assessments of
taxes — . That a new edition of the Laws, especially for
that Country, has become highly necessary : & that a
Proclamation should be issued, relating to, & forbidding
all trespasses on lands there, belonging to the Common-
wealth.

These matters, gentlemen, concerning which, the sev-
eral reports & letters of the Commissioners will give you
fuller information, appear to merit the attention of the
General Court. .

JAMES BOWDOIN.

Council Chamber, October 4, 1786.

Chap. 8 Chapter 8.

[September Session, ch. 8, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Rep rese n tatives .

In the recess of the General Court, I had a visit from
the Chiefs of the Moheakonuck, or Housatonach tribe of
Indians, who have lately removed from Stockbridge to
Oneida; after representing their faithful services during
the late war, in the cause of America, & their having
fought & bled in that cause, they expressed a great desire
that their children might be instructed in the english
language ; but being destitute of the means of instruction,
they requested a few books for that purpose, and such
other things as the General Court might think proper to
supply them with.

I promised them, that as soon as the Court convened,
I would lay before them their representation ; and that
the determination had thereon, should be communicated

1786. — Governor's Messages, Etc. 041

to the Hon. Jahleel Woodbridge, esq- or to the rev'1 Mr.
/Serjeant of Stockbridge, who would inform them of it.

The papers I received from them, and a copy of the
letter sent to them, dated the 31st of August last, will be
laid before you by the Secretary.

JAMES BOWDOIN.

Council Chamber, October 5, 1786.

Chapter 9. Chap. 9

[September Session, ch. 9, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives .

With a Letter from the Board of Treasury of the United
States, dated the 25th of September, I have received an
Act of Congress of the 18th of that month, stating that
the Legislatures of the States of Rhode Island and New
-Jersey, have by their Acts, made the paper currency of
those States receivable on the arrears of taxes due to the
United States.

On this statement it is observed, that no such deviation
can be admitted from the mode of payment established
by the requisitions of Congress, without exposing the
funds of the United States to great loss, and without de-
feating the object of those requisitions ; and that if such
precedents were admitted, the consequences would be
dangerous to the interests of the Union.

Whereupon, Congress Resolved, that as the annual re-
quisitions of the United States in Congress assembled,
were made by them in virtue of the powers of the Con-
federation, and for the necessary purposes of Govern-
ment, the same are obligatory on the States as such ; and
ought to be discharged by them, in the manner by the
said requisitions directed, and in no other.

And the}' further Resolved, that as the payment of the
interest and such parts of the principal of the foreign
debt of the United States, as are included in any of the
requisitions of Congress, and the maintenance of the fed-
eral Government, cannot be provided for, but by pay-
ments in specie, into the federal Treasury, of the sums
respectively required of the States therein, no payments,
either in bills of credit, or in any other mode than those

942 1786. — Governor's Messages, Etc.

pointed out by the said requisitions, can or ought to be
admitted in discharge of the same, and that the board of
treasury transmit a copy of the above resolutions to each
state, and issue instructions to the respective loan offices,
conformable thereto.

Upon this occasion, it is observed by the Board of
Treasury, and the observation, Gentlemen, you will
doubtless think very just, that the reasons which induced
Congress to enter into those resolutions, are so evidently
dictated by a regard to the great interests of the Confed-
eracy, it cannot be doubted, that the wisdom of the sev-
eral Legislatures will discern the propriety of acting in
strict conformity to them in all their proceedings, relat-
ing to the collection of the revenue appropriated for the
service of the United States.

JAMES BOWDOIN.

Council Chamber, October 5, 1786.

Chap. 14 Chapter 14.

[September Session, ch. 14, 1786.]

Gentlemen of the Senate and Gentlemen of the House of
Representatives.

I have lately received a letter from Mr. Peter Savary,
a French Gentleman, dated at Alexandria in Virginia, the
12th of September, concerning a debt due from this Com-
monwealth, to Mess'rs. Penet, De Costa and Company, in
Prance.

For that debt the Treasurer, pursuant to a resolve of
the General Court of the 9th of October, 1783, gave five
notes to the said Savary, as attorney to that Company,
dated the 10th of that month ; four of which notes are
now payable, amounting to nine thousand eight hundred
forty nine pounds twelve shillings, and the other for three
thousand two hundred eighty tltree pounds four shillings,
payable the 10th of October, 1787 : the whole being
thirteen thousand one Jtundred thirty two pounds sixteen
shillings, lawful money, principal, payable with interest
from the date, as appears by the Treasurer's certificates.

On the subject of this debt, I had a letter from Monsr
Savary, of the 30th of July last, soliciting with great
warmth, the payment of it. To that letter I sent him an
answer, dated the 14th of August, to which the first men-
tioned letter is a reply.

1786. — Governor's Messages, Etc. 943

The several letters and the certificate, will accompany
this message : in consequence of which, you will take,
Gentlemen, such measures for paying the debt, as you
shall think proper.

JAMES BOWDOIN.

Council Chamber, October 6, 178G.

Chapter 15. Chap. 15

[September Session, ch. 15, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives .

I am informed there is now an opportunity of pur-
chasing at a reasonable rate, several pair of brass field
pieces, four pounders, very suitable for our artillery com-
panies, and of which the Government is not possessed of
a sufficient number, to supply those companies. I would
recommend it to your consideration, Gentlemen, whether
it would not be proper to empower the Commissary
General, to make a purchase of them for the use ef the
Commonwealth.

JAMES BOWDOIN.

Council Chamber, October 10, 1786.

Chapter 23. Chap. 23

[September Session, eh. 23, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

A letter has been lately received from Mr. William
Cleveland, Collector of Impost & Excise, for the western
District of the County of Essex: signifying his resignation
of that Office, or his non acceptance of the new appoint-
ment. —

As it is needful the vacancy should be supplied as soon
as may be, you will doubtless think proper, Gentlemen,
to proceed to the appointment of a suitable Officer for
that purpose.

JAMES BOWDOIN.

Council Chamber, October 11, 1786.

944 1786. — Governor's Messages, Etc.

Chap. 24 Chapter 24.

[September Session, ch. 24, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representat ives .

The deBciency in the representation of the United
States in Congress, occasioned their resolution of the 14th
of July last, transmitted to me by Mr. Thomson, with his
letter of the 26th of that month.

It respects the claim, which, by the Confederation, the
whole Union has on its parts for the formation of the
Sovereignty ; and the duty of the States, seasonably to
send forward their Delegates : and it concludes with the
declaration, that the State, neglecting so to do, becomes
responsible to the Union for the delays and evils, which
may ensue from such neglect.

Since that Resolution, whether influenced by it or not,
the States have been much more fully represented than for
several months before it, as appears by the State of the
Representation for the months of July, August and Sep-
tember, exhibited by the Secretary of Congress, with his
several Letters, accompanying this message.

He has also transmitted the Continuation of the Journal
of Congress, from the first of June, to the 20th of Sep-
tember: which, Gentlemen, with his letters enclosed with
it, will be laid before you.

JAMES BOWDOIN.

Council Chamber, October 11, 1786.

Chap. 25 Chapter 25.

[September Session, ch. 25, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

A few days ago I received a Letter of the 2 2d of Sep-
tember, from the honble John Jay, Esqr ; Minister of
the United States, for foreign affairs, accompanied with
an extract of a Letter to him, from the Honble Mr.
Adams, the Minister of the United States in London,
dated the 15th of July last.

By that part of Mr. Adam's Letter respecting the con-
duct of Captain Stanhope, when in Boston the last year,

1786. — Governor's Messages, Etc. 945

in the British Frigate Mercury, it appears, that the Lords
of the British admiralty, had called upon Capt Stanhope,
for a justification of his conduct to Governour Bowdoin,
and had received from him, a Letter intended for that
purpose, which their Lordships however thought no
apology for it. That their Lordships had accordingly
signified to Captain Stanhope, their sensible displeasure
at his conduct ; and as the Mercury had been ordered
home from the American Station, their Lordships would
take special care, that he should be no longer continued
in that service.

By the same Letter, it also appears, that the Secretary
of State, the Marquis of Oar mar than, had informed Mr.
Adams, that he would speak to Lord Sidney, concerning
the affair of the eastern line, in order that Sir Guy Carle-
ton, might have instructions concerning it, before he went
out for his Government of Canada.

What the nature of those instructions will be, does not
appear to have been mentioned to Mr. Adams. But it is
observed by Mr. Jay, that as it is the interest of Neigh-
bours, to have all questions of Boundary amicably and
finally settled, there is reason to hope they will be such
as may promote that desirable end.

With respect to the affair of Captain Stanhope, a mes-
sage was sent the 7th of February last, to the General
Court, concerning it. In consequence of the Message, a
Committee was appointed to frame and report a bill for
settling a mode of process against delinquents, in cases
wherein the Government of the Commonwealth should be
insulted, and for providing an adequate redress ; but
nothing was compleated upon the subject.

Permit me, Gentlemen, to refer you to that message,
and the papers which accompanied it ; and to repeat the
observation, that unless some special provision be made
in such cases, it may be expected, that the same man, or
others of a like disposition, will be encouraged to insult
the Executive Government of the Commonwealth : the
honour of which is so intimately connected with that of the
Legislative, that in cases like the present, they are inseper-
able.

JAMES BOWDOIN.

Council Chamber, October 12, 1786.

946 1786. — Governor's Messages, Etc.

Chap. 28 Chapter 28.

[September Session, ch. 28, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

This serves £o introduce to you, a Letter from the hon-
orable Nathaniel Gorham, Esqr ; dated the ninth instant,
at New York.

You will observe by it, Gentlemen, that he accepts
your appointment of him, as a Delegate in Congress for
the coming year ; and that he will endeavour to serve the
Commonwealth, according to the best of his ability.

JAMES BOWDOIN.

Council Chamber, October 13, 1786.

Chap. 29 Chapter 29.

[September Session, ch. 29, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

In the afternoon of yesterday I received a letter from
Colonel Ezra Badlam; giving information, that on the
night of the tenth instant, a number of persons, with five
teams, attempted to take away the Cannon in the Forts,
on the heights of Dorchester Neck; that one Joel Eaton,
from Taunton, was the Conductor of those Teams ; and
that Doctor Holden, Captain Thomas Williams, and Lieu-
tenant Aaron Bird, detected them in the fact, and pre-
vented the completion of their felonious design.

This high handed offence, by which it was intended to
rob the Commonwealth of the means of its safety and
defence, merits, Gentlemen, your immediate attention.

JAMES BOWDOIN.

Council Chamber, October 13, 1786.

Chap. 47 Chapter 47.

[September Session, ch. 47, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

I have received from James Apthorp, Esqr ; four new
Maps of the State of New Hampshire, which have been

1786. — Governor's Messages, Etc. 947

sent to him by Paul Wentworth, esqr ; of London, & which
Mr. Wentworth, desires may be presented to the Governor,
the Governor & Council, the Senate, & the House of
Representatives ; one to each.

Those presented to the Honoble Senate & House, are
now sent to you, Gentlemen, by the hand of the Deputy
Secretary.

JAMES BOWDOIN.

Council Chamber, October 21, 1786.

Chapter 55. Chap. 55

[September Session, ch. 55, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

In consequence of your Message delivered to me in the
afternoon of last Saturday, respecting an apprehended
opposition to the sitting of the Supreme Judicial Court at
Taunton to morrow, I convened the Council ; to whom I
communicated the said Message, together with such verbal
information upon the subject, as the Gentlemen, your
Committee, furnished me with. After a due deliberation,
the Council thought it adviseable, that a letter, then written
under their direction, should, with a copy of the message,
be immediately forwarded to Major General Cobb, at
Taunton. Accordingly the Letter was sent the same
evening by Express, who has returned, with the General's
answer dated yesterday ; in which he says, he shall make
use of every exertion to support the dignity of Govern-
ment, that the shortness of the time will permit ; and that
in case of failure, there shall be no cause to complain of
the want of exertion in the friends of Government there.

It is hoped, from the known spirit of that officer, that
notwithstanding the shortness of the time, he will be able
to collect a sufficient force, under the direction of the
high Sheriff, to support the Court.

A copy of the letter, with the answer, is herewith com-
municated.

Upon this occasion Gentlemen, it is my duty to remind
you, that the Supreme Court, are the next week to sit at
Cambridge, in the County of Middlesex, and that there is
now sufficient time for the carrying into execution, any
measures you shall judge proper to be taken, to insure

948 1786. — Governor's Messages, Etc.

the due administration of Justice in that County ; and to
vindicate the honour of Government.

JAMES BOWDOIN.

Council Chamber, October 23, 1786.

Chap. 63 Chapter 63.

[September Session, ch. 63, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

The post of last evening brought mca letter from Mr.
Thomson, Secretary of Congress, enclosing an Act of
that honorable body, dated the 20th instant, for augment-
ing the troops in the service of the union, to the num-
ber of two thousand and forty men, non-commissioned
Officers and privates : the same being passed by the
unanimous vote of the ten States, then represented.

The intelligence, on which the Act is grounded, is, that
there is a combination of a number of Indian nations, for
the purpose of making war upon the United States ; that
they are labouring to draw in other nations to unite with
them in the war ; that from the motions of the Indians
to the Southward, as well as the Northward, and the
exertions made in different quarters, to stimulate the
various nations, there is the strongest reason to believe,
that unless the speediest measures are taken, effectually
to counteract and defeat their plans, the war will become
general ; and may be attended with the most dangerous
and lasting consequences. That Congress therefore deem
it highly necessary, that the troops in the service of the
United States, be immediately augmented, not only for
the protection and support of the frontiers of the States,
but to establish the possession, and facilitate the survey-
ing and selling of the Western lands, which have been so
much relied on, for the reduction of the debts of the
United States.

The additional troops, which are to be raised for the
term of three years, unless sooner discharged, and which
with the troops, now in service, are to be formed into a
legionary corps are to consist of thirteen hundred and
forty non-commissioned officers and privates.

1786. — Governor's Messages, Etc. 949

They are to be raised by several States, in the following
proportions, viz.

New Hampshire, 260 ")

Massachusetts, 660 ! T ,. . P . ..,, 100n

Rhode MaudS 120 \ ^fantrj & Artillery, . . 1220

Connecticut, 180 J

Virginia and Maryland, each 60 Cavalry, making . 120

134!)

and those States are requested by Congress, to use their
utmost exertions, to raise with all possible expedition, the
quota of troops respectively assigned to them.

Agreeably to the said Act, the Secretary at War, by
his letter of the 21st instant, has informed me, that the
proportion of commissioned officers for the men to be
raised in this State, will be as follows, viz.

Infantry, — One Lieutenant Colonel, Commandant,

Three Majors,

Nine Captains,

Nine Lieutenants,

Nine Ensigns,

One Surgeon,

Three Surgeons Mates,
Artillery, — Two Captains,

Four Lieutenants.

The pay and allowances to the troops will be the same
as established by the Act of Congress, of the 12th of
April, 1785.

As it is of great importance, that the United States
should be prepared against so formidable a combination,
you will take such measures, Gentlemen, as the im-
portance of the occasion makes necessary.

JAMES BOWDOIN.

Council Chamber, October 27, 1786.

Chapter 77. Chap. 77

[September Session, ch 77, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Rep resen ta tives .

I have just had delivered to me, a letter from the
County of Hampshire, dated a few days ago : which, as
it gives information of measures the insurgents are taking
there, that are very dangerous to the peace & safety of

950 1786. — Governor's Messages, Etc.

the Commonwealth, I think it highly necessary should be
immediately communicated to you. —

It appears by it, that circular letters are sent to many
towns in that County, directed to the Selectmen, & re-
quiring them to assemble immediately the inhabitants of
their respective Towns ; & to see that they are furnished
with ammunition & arms, & are organized with officers
according to law ; and that some of those letters have
this addition, that the Militia be furnished with sixty
rounds of Cartridges, & stand ready to march at a min-
ute's warning.

It also appears, that a County Convention is to be
holden at Hadley, on the first Tuesday of November,
which is to-morrow : for the purposes mentioned in the
notification ; a copy of which with the aforesaid original
letter, is herewith communicated.

These proceedings, Gentlemen, are of a very alarming
nature, & require your immediate attention.

JAMES BOWDOIN.

Council Chamber, November 6, 1786.

Chap. 78 Chapter 78.

[September Session, ch. 78, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

The mode pointed out by your resolve of the 8'.h of
July last, for augmenting the garrison at the Castle, by
Government Pensioners, having proved ineffectual, and
the commanding Officer there, having represented the
necessity of augmenting the garrison, by reason of the
encreased number of Convicts, I directed him by advice
of the Council, to inlist for that purpose, not exceed-
ing fifteen men, for the security and protection of the
garrison and stores there, until the further order of the
General Court.

Most of those men have been inlisted, and will be
needed there at least until the Goal, now building on that
Island, shall be compleated.

You will please, Gentlemen, to make an establishment
for them, and for such a length of time, as you shall judge
necessary.

1786. — Governor's Messages, Etc. 951

An extract from the minutes of Council relative to
this business, will accompany this message.

On this occasion, Gentlemen, you will permit me to
remind you of the exhausted state of the public magazines,
in regard to powder.

In order to the procuring a sufficient quantity of it, you
passed a resolve the eighth of Jul//, in consequence of
my messages to the General Court, of the 21st of Feb-
ruary, and the 8th of June last, in which resolve you
declare, that it will be expedient to grant a tax upon the
polls and estates in this Commonwealth, sufficient to pro-
cure fifty tons of Salt Petre, to be paid in money or Salt
Pet re, on or before the first day of July next.

This matter, Gentlemen, respecting a sufficient supply
of Powder in the public magazines, is of so much impor-
tance to the safety of the Commonwealth, that you will
probably think, an immediate attention to it necessary.

JAMES BOWDOIN.

Council Chamber, November 7, 1786.

Chapter 79. CJiaj), 79

[September Session, ch. 79, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representa lives .

A few days ago arrived here from France, by the way
of JSTew York, Monsieur Gregoire & his Lady. They
claim in her right, a tract of land in the County of Lincoln,
fronting on the Sea two leagues, & extending from thence
into the land two leagues ; together with the Island of
Mount Desert, & the neighbouring Islands : the said tract
of two leagues square having Mount Desert in its front.

They represent their claim to be founded on a Grant
made to her Grandfather, Monsieur La Motte Cadillac,
in 1688, under the authority of Louis XIV. then King of
France.

I received by Monsieur Gregoire, a Letter from the
Marquis La Fayette, dated at Paris, in August last, & a
Letter from MonsF Otto, charge de Affairs to Congress,
from our illustrious Ally, the King of France, dated at
New York, the 23d of October, in which Letters they
recommend the Claim of Madame Gregoire to the con-

952 1786. — Governor's Messages, Etc.

sideration of this Government ; as the land claimed is
within its Jurisdiction.

A memorial in behalf of the Claimants, was presented
to the General Court, by the Consul of France, in June
1785 : but nothing final was done thereon.

As the Claimants are come hither from France, for the
purpose of settleing this claim with the Government, it is
their earnest prayer, that the General Court would give
an immediate attention to it ; agreeably to their Petition
herewith exhibited.

JAMES BOWDOIN.

Council Chamber, November 7, 1786.
Chap. 82 Chapter 82.

[September Session, ch. 82, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

By the Post I received a letter from our Delegates in
Congress, in answer to one from me, which was written
at your request. The letter will be laid before you, and
you will observe by it, that in obedience to the resolve of
the General Court, they had requested of Congress a
prolongation of the time, for receiving Indents of interest,
on the requisition of the 27th of September, 1785.

A report on that request, is now before Congress : but
no decision can be had, until their next meeting after
their dissolution, which was to take place in a few days.
Our Delegates however say, they can discover no certain
inconvenience which will arise from the want of a present
decision, as in most of the States, which have passed
legislative Acts on that requisition, the collection is
equally in arrear with Massachusetts. There is therefore,
they apprehend, the highest probability, that a large
majority of the States, will be in favour of extending the
time, within which such Indents may be received, and it
seems to be their opinion, that the General Court may
extend it within reasonable limits accordingly : confiding,
that in such case, the Indents will, by a proper Act of
Congress, be admitted to be passed to the credit of the
Commonwealth, upon their quota of that requisition.

JAMES BOWDOIN.
Council Chamber, November 8, 1786.

1786. — Governor's Messages, Etc. 953

Chapter 84. Chap. 84

[September Session, ch. 84, 1786.1

Gentlemen of the Senate, and Gentlemen of the House of
Representatives .

I have this day received a letter from Major General
Cobb, dated at Taunton, the 30th of October; giving an
account of his proceedings in calling forth the Militia, for
the protection of the Supreme Judicial Court, in their late
Session there.

The conduct of the Volunteers, and of several com-
panies of Militia that were called forth for that purpose,
deserves great commendation ; & it gives me pleasure to
communicate the letter, that you may be informed, how
well, & with what spirit they distinguished themselves
upon that occasion.

For the particulars you will please, Gentlemen, to be
referred to the letter of General Cobb; whose vigilance,
spirit, & activity, in this & other services, do him great
honor.

JAMES BOWDOIN.

Council Chamber, November 9, 1786.

Chapter 89. Chap. 89

[September Session, ch. 89, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

In consequence of the resolve of the General Court,
relative to the Penobscot Indians, General Lincoln was
appointed, by advice of the Council, to compleat the
agreement, which he and the other Commissioners, con-
nected with him in that business, had made with those
Indians in August last.

Unfortunately, the Indians were gone upon their Fall
Hunt : by which means he had an opportunity of speak-
ing with only one of their chiefs, to whom he communi-
cated the Government's confirmation of the agreement
with them ; and informed him of the quantity of Blankets
and ammunition he was charged with, and which were to
be delivered to them, on their fulfilling their part of the
agreement ; and signing the Deed by which they were to

954 1786. — Governor's Messages, Etc.

relinquish to this Commonwealth, all claims to the lands
stipulated in the agreement.

In the report of his proceedings, General Lincoln men-
tions, that he had placed those goods in the hands of Mr.
John Lee, of Majabagwaduce, whose abilities, integrity,
fortune and attention to business, he could, from his own
knowledge of him, depend upon. He has taken Mr.
Lee's receipt for the Goods ; which, as appears by the
receipt, he has engaged to deliver to those Indians, agree-
ably to General Lincoln's written directions to him.

The said Report and Receipt, with the several Papers
accompanying them, are herewith, Gentlemen, laid before
you.

JAMES BOWDOIN.

Council Chamber, November 11, 1786.
Chap. 94 Chapter 94.

[September Session, ch. 94, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Rep resenta t ives .

I have lately received several letters, which it is proper
should be communicated to you.

One of them is from the honorable Mr. Jay, Secretary
for foreign affairs, of the 23d of October, transmitting,
pursuant to an order of Congress, of the ninth of August
last, an account of all the Negroes belonging to this State,
that appear to have been carried away by the british, in
contravention of the late Treaty of peace, when they
evacuated New York.

It appears by the said order, that a like account was to
be sent to each of the United States, of the Negroes be-
longing to them respectively, and which were at the same
time carried away by the british. The probable reason
of that order seems to be, that the several States, or the
individuals whose property they were, might take such
measures as they should judge suitable, for recovering the
value of the Negroes carried away. In this business,
Gentlemen, you will pass such order as you shall think
proper.

There are two of those letters from Mr. Thomson, of
the 27th of October and 4th of November : the first enclos-
ing Resolves of Congress of the 23d of October, which

1786. — Governor's Messages, Etc. 955

represent the substance of the acts of the several States,
respecting certain commercial powers vested in Congress.
By that representation it appears, that if the States of
New Hampshire and Worth Carolina, had conformed their
Acts to the recommendations of Congress, the commercial
powers therein requested, might immediately begin to
operate.

Congress have therefore, again earnestly recommended
to the Legislatures of those two States, at their next
session, to pass acts in such conformity with the resolu-
tions of Congress of the 30th of April, 1784, as to enable
them to exercise those powers as soon as possible. If the
requested acts should be passed, there will be room to
hope for an establishment of such regulations as will serve
to revive commerce, and again place it on a broad and
solid foundation.

Mr. TJiomson's other letter mentions, that Congress,
previous to their rising, had commanded him to inform
the executive of each State, that the present critical situ-
ation of public affairs, requires the immediate assembling
of the States in Congress, agreeably to the fifth article of
the Confederation ; and that it is their earnest desire, that
the Delegates for each State, be urged to give their at-
tendance with all possible dispatch.

The other letter, with the accompanying papers, is from
our Delegates in Congress, dated the 31 of October; by
which it appears, that Congress have received from Mr.
Hutchins, the Geographer General, a confirmation of the
hostile disposition and intention of the western Indians,
not only against the persons employed by Congress, in the
Survey of the Territory of the United States, northwest-
erly of the Ohio; but against the frontier inhabitants of
the States bordering on that river. In consequence of that
intention, the Geographer and Surveyors, on the 18th
of September, abandoned the surveys, retreated to the
Ohio, and there threw up redoubts for their protection.

On this occasion, Gentlemen, I would inform you, that
in consequence of your resolves for raising a body of
troops, for the service of the United States, the necessary
measures for that purpose are in execution : and the Com-
manding Officer, Col° Jackson, is busily employed in
effecting it. He has represented to me, that it is usual on
such occasions, and the service requires, than an allowance
should be made to the enlisting Officers, for defreying the
necessary expence attending the inlistment.

956 1786. — Governor's Messages, Etc.

You will please to take this matter into consideration ;
and make such allowance, on account of the United States,
as you shall judge suitable.

The several letters and Papers, to which this message
refers, will accompany it.

JAMES BOWDOIN.

Council Chamber, November 13, 1786.
Chap. 05 Chapter 95.

[September Session, ch. 95, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives .

I have just received a letter from James Sullivan &
Theophilus Parsons, Esq'rs. two of our Agents for settling
the controversy, between this State & New York, relative
to the Western Territory.

You will observe by it, that the Agents of the two
States, have agreed to meet at Hartford, on the 30th
instant, to compromise the controversy, without a federal
Court : that our other Agents, Mr. Lowell and Mr. King,
being at New York, expect to meet Mr. Sullivan and Mr.
Parsons there ; & that these Gentlemen purpose to pro-
ceed thither, in case the treasurer is enabled to furnish
them upon the warrant already issued in favor of the
Agents, with money necessary to bear their expences in
this business.

The Sum requested, is mentioned in their said Letter ;
which will herewith be laid before you.

JAMES BOWDOIN.

Council Chamber, November 14, 1786.

Chap. 96 Chapter 96.

[September Session, ch. 96, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

A few days ago General Brooks, the Major General for
the County of Middlesex, sent enclosed in his letter to
me, an exact return of the Troops, that were assembled at
Cambridge, on the first of the current month, for the
support of the Supreme Judicial Court.

1786. — Governor's Messages, Etc. 957

It appears by the return, that besides volunteers, there
were more than two thousand of the militia then assembled
in military order, for that laudable purpose.

Upon your signifying your earnest desire, that effectual
measures should be taken, to prevent any interruption to
the sitting of the Court, I immediately issued orders,
with advice of the Council, to General Brooks, that several
of the Regiments, with four of the Companies of Artillery
within his division, should be held in readiness to march,
& some of them had marching orders to appear at Cam-
bridge, at a given time. The two contiguous Regiments
in the County of Suffolk, besides a number of companies
in Boston, & the artillery companies of Roxbumj and
Dorchester, had orders to be in readiness. Orders were
likewise sent to Major General Titcomb, for two of the
nearest Regiments in the County of Essex, to hold them-
selves in readiness : All the said Regiments & Companies
being to march in case of necessity, signified by orders
from General Brooks, under whose command the whole
were to be.

As none of the insurgents made their appearance, I
hope from a conviction of the extreme impropriety and
unlawfulness of their former conduct, there was no occa-
sion for issuing marching orders to those Regiments and
companies, which had been only ordered to be in readiness.
But such however, was their ardor, to distinguish them-
selves in support of Government & the Constitution, that
several of them, voluntarily marched to Cambridge;
where they joined the Middlesex Militia, & all together,
formed an excellent body of troops, which reflected great
honor on that County, & on the several Corps to which
they belonged. The regiments & companies of which
that body was composed, you will observe, Gentlemen,
by the return.

So favorable an opportunity offering for a review, I
reviewed them, accompanied by his Honor the Lieutenant
Governor, and the Council, the Chief Justice & the other
Justices & Officers of the Supreme Judicial Court, the
President of the University, several General Officers and
other Gentlemen : who all expressed a high satisfaction in
the order, appearance & discipline of the troops ; which
being afterwards formed into solid columns, a short address
to them by the Governor, finished the review.

It is with pleasure, I inform you, Gentlemen, that the

958 1786. — Governor's Messages, Etc.

spirited conduct of the troops on that occasion, merited
the applause and thanks of every friend to the Constitu-
tion ; & that Major General Brooks, who distinguished
himself by his attention, activity and animated exertion
in the whole conduct of this business, has in a particular
manner merited them.

His letter & return, and also General TitcomVs letter,
will accompany this message.

JAMES BOWDOIN.

Council Chamber, November 14, 1786.

Chap.IOZ Chapter 103.

[September Session, ch. 103, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives .

The Post of the last Evening, brought me a letter from
the Board of Treasury, dated at New York, the seventh
instant. It inclosed a resolution of Congress of the 21st
of October, which was passed unanimously ; that the
several States in the Confederacy, be required to pay
into the federal Treasury, on or before the first day of
June 1787, their respective quotas of the sum of five hun-
dred & thirty thousand dollars, in specie, for the pay &
support of the Troops of the United States, on the present
establishment.

Among the quotas of the several States, the quota of
Massachusetts is seventy nine thousand, two hundred and
eighty eight dollars; which sum when paid, will be passed
to the credit of this State, on the terms prescribed by the
resolve of Congress of the 6th of October, 1779.

The Board of Treasury are authorized and directed, to
open a loan immediately, to the amount of five hundred
thousand dollars, at six per cent, per annum, on the credit
of the foregoing Requisition ; which they are authorized
to pledge to the lenders, for the faithful Re-imbursement
of the money loaned, and of the interest of it.

As this business, Gentlemen, requires dispatch, you
will permit me to recommend it to your immediate
attention.

JAMES BOWDOIN.

Council Chamber, November 16, 1786.

1786. — Governor's Messages, Etc. 959

Chapter 1. Chap. 1

[January Session, ch. 1, 1786.]

Wednesday, the 31st ult. was the day to which the Hon-
ourable the General Court, stood adjourned ; but there
not appearing a sufficient number of Members to form
a quorum of the House, the Court could not proceed
on business until this day ; when a Committee from the
two Branches of the Legislature waited upon his Excel-
lency the Governour, to acquaint him they were ready
to receive any communications from him. In conse-
quence of which, his Excellency immediately proceeded
to the Senate-Chamber, where the Honourable Senate
and the Honourable the House being convened, he ad-
dressed them in the following Speech, viz.

Gentlemen of the Senate, and Gentlemen of the House of
Represen tat ives ,

It was expected by the General Court, that their pro-
ceedings at their last session, respecting the insurgents,
would have answered the purposes for which they were
intended. By those proceedings, there were held forth
to them, punishment, on the one hand, and pardon on the
other. — Punishment, in case of perseverance in their
criminul conduct ; Pardon & indemnity, if they desisted
from it ; & by a given time, should take the oaths of alle-
giance, This application to their feelings, & to that
actuating principle, a desire of personal safety, it was
apprehended would have had a forcible influence to bring
them to their duty. But unhappily, it did not produce
any good effect, except upon a very few individuals of
them. On the contrary, the lenity & forbearance of Gov-
ernment were treated with contempt, & imputed by them
to an inability of defending itself: and some of your last
acts have been added to their list of grievances.

But the clearest & most unequivocal evidence of their
perseverance, in opposition to Government, is deduced
from their proceedings, respecting the Judicial Courts, in
several of the Counties, since the last session of the Gen-
eral Court. — They twice, with an armed force, stopped
those Courts in Worcester ; & would not suffer them to
open in Hampshire. They attempted it, though unsuc-
cessfully, in Middlesex : and in consequence of that at-

960 1786. — Governor's Messages, Etc.

tempt, several of them were taken into custody by virtue
of State warrants ; in the execution of which, the Sheriff
& other persons to whom the warrants were directed, had
the aid & support of a number of spirited gentlemen of
that County & Suffolk.

At the last time of their assembling in Worcester, there
were nearly a thousand of them in Arms, who, to the
great annoyance & terror of that vicinity, continued em-
bodied for several days after the Court had adjourned :
meditating, as it was apprehended, further outrages ;
which were providentially prevented by the continued
storms of that week.

These violent & treasonable proceedings of the insur-
gents were perpetrated after the publication of the last
Acts of the General Court respecting them ; and demon-
strated, not only a total disregard of those Acts, & the
authority by which they were enacted, but a contempt of
all constitutional government, and a fixed determination
to persevere in measures for subverting it.

This determination, & these measures, were also mani-
fest by their printed declarations ; & by some of the
private transactions of their leaders, when the main body
of the insurgents were last assembled at Worcester : by
which it appeared, the insurgents were formed into Regi-
ments, and that a committee was appointed for each
regiment, to see that it should, without delay, be prop-
erly officered & equipped ; and compleatly ready when-
ever called upon.

That this was the state of things in the western Coun-
ties, was further confirmed by letters I received from
some of the most respectable characters in those Coun-
ties ; & by the oral testimony of many intelligent persons
from thence : who all agreed in the necessity of speedy
& vigorous measures being taken, for the effectual sup-
pression of the insurgents : without which the well-
affected might, from a principle of self-preservation, be
obliged to "join them; and the insurrection become
general.

The safety & well-being of the Commonwealth being
thus in hazard, & the lenient, conciliating measures of
the General Court, having been rejected by the insurgents,
I conceived myself under every obligation, of honor &
duty, to exert the powers vested in me by Law & the
Constitution, for the protection & defence of the Com-

1786. — Governor's Messages, Etc. 961

mon wealth, against the hostile and nefarious attempts of
those lawless men.

Pursuant to this idea, I laid before the Council all the
information and intelligence I had collected, relative to
the proceedings & designs of those men : & the Council
were unanimously of opinion, & accordingly advised, that
vigorous & effectual measures should be taken to protect
the Judicial Courts, particularly those, that were then to
be next holden at Worcester; to aid the civil magistrate
in executing the Laws ; to repel all insurgents against the
Government ; and to apprehend all disturbers of the pub-
lic peace : particularly such of them as might be named
in any State warrant or warrants.

For these purposes, upon the effecting of which all
good government, & indeed the happy existence of the
Commonwealth, do essentially depend, I have called forth
from several Counties, a respectable body of the militia,
the command of which I have given to Major General
Lincoln, with orders to carry those purposes into effectual
execution.

Those orders are now in operation, & will be laid before
you, with the general orders, containing the plan of
measures by which the Commonwealth was to be defended
against its present assailants.

I congratulate, you, Gentlemen, on the success of those
measures hitherto, and hope it is a prelude to final suc-
cess, and to the re-establishment of perfect tranquility.
The despatches concerning it, which I have received from
General Lincoln and General Shepard, will be laid before
you.

Thus, Gentlemen, from a principle of duty to the Com-
monwealth, and in conformity to your resolution of the
24th of October, in which you express a full confidence,
" that I will still persevere in the exercise of such powers
as are vested in me by the Constitution, for preventing
any attempts to interrupt the administration of Law &
justice, & for enforcing due obedience to the authority &
laws of Government," I have taken the measures above
represented. I trust they will meet with your entire
approbation, & with that support, which is naturally to be
expected from the guardians of the public safety.

On my part, I have done, in this business, what the
duty of my office, & the oath of qualification, indispen-
sibly require : and I have the fullest confidence, that on

962 1786. — Goveiinor's Messages, Etc.

your part, nothing will be wanting to carry into complete
effect, the measures that have been taken, or that may be
further necessary, to suppress the present insurrection ; &
to ensure a strict obedience to the Laws. This is so
essential to the peace & safety of the Commonwealth,
that it requires your immediate attention ; & the speedy
application of further means, if those already taken should
be deemed insufficient, for that purpose. Among those
means, you may deem it necessary to establish some cri-
terion, for discriminating between good citizens & insur-
gents, that each might be regarded according to their
characters : the former as their Country's friends, and to
be protected ; and the latter as public enemies, & to be
effectually suppressed. At such a time as the present,
every man ought to shew his colours, & take his side : no
neutral characters should be allowed : nor any one suf-
fered to vibrate between the two.

Vigour, decision, energy, will soon terminate this un-
natural, this unprovoked insurrection ; & prevent the
effusion of blood : but the contrary may involve the Com-
monwealth in a civil war, & all its dreadful consequences :
which may extend, not only to the neighbouring States,
but even to the whole confederacy ; & finally destroy the
fair temple of American liberty : in the erecting of which,
besides the vast expence of it, many thousands of valuable
citizens have been sacrificed.

There are several things, resulting from the measures
in operation, which require your immediate attention.

The money immediately wanted for carrying them into
execution, was supplied by a voluntary loan from a
number of gentlemen, & in a manner, which does them
much honor. I must earnestly recommend to you to
provide for its reimbursement, which upon the principles
of policy as well as justice, should be made as speedily as
possible. Provision also should be made for defreying
the general expence.

Should the time be too short to effect the great pur-
poses, for which the militia were called forth, it may be
necessary that General Lincoln should be empowered to
continue them in service by enlistment, until those pur-
poses shall be accomplished. The men being already
embodied, & the arrangements for supporting them per-
fected, the expence of such a continuance, will be much
less than that of raising a new body for the same service.

1786. — Governor's Messages, Etc. 963

There are defects in our militia act, which require an
immediate remedy ; & which I shall mention to you in
a seperate message.

These, Gentlemen, are matters of importance ; but the
general subject of this address is of the first magnitude,
& demands your immediate & most serious attention. If
it be taken up with proper spirit — if the measures in
operation be seconded with firmness & decision — and
if the powers of the several branches of government be
united in a wise & vigorous exertion, we may reasonably
expect a speedy & happy issue to the present insurrec-
tion : to which happy issue every exertion on my part has
been, & shall be, applied.

But, on the contrary, if indecision, langour or disunion
should on this occasion pervade our public Councils, insur-
rection, though checked for the present, would gain new
strength, &, like a torrent, might sweep away every
mound of the Constitution ; & overwhelm the Common-
wealth in every species of calamity. — In such a case, if
brought on by remissness, or relaxation, on our part, we
should be, not only involved — most essentially involved,
in that calamity, but justly chargeable with betraying the
trust reposed in us by our fellow citizens ; and chargeable
with ignominiously deserting the posts assigned us, as
guardians of the peace, the safety & happiness of the
Commonwealth.

But, very happily — this is only a possible case: for
your patriotism, your virtue, your regard for your own
liberties & property, and for those of your families &
posterity, must induce you to call forth every power of
Government into vigorous exertion for preventing such a
complication, such an accumulation of evils.

On this occasion, it is proper, Gentlemen, to inform
you, that I have received from several towns, petitions,
directed to the Governor & Council, and also to the Gen-
eral Court, relative to the insurgents. The petitions, be-
ing eight in number, do disapprove of the proceedings of
Government, in regard to those people.

But as the things prayed for, were, for the most part,
not cognizable by the Governor & Council ; & such as
were so, could not be granted by them, consistently with
the duty they owe to the Commonwealth ; the petitions
will be laid before you for your consideration.

There are other matters, to which your attention, Gen-

964 1786. — Governor's Messages, Etc.

tlemen, is necessary; and they will be communicated by
message.

JAMES BOWDOIN.

Council Chamber, February 3, 1787.

Chap. 2 Chapter 2.

[January Session, cb. 2, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

There is a capital defect in our militia Acts, which re-
quires an immediate remedy.

As the Acts now stand, a few indolent or disaffected
Officers may, by neglecting, or refusing to do their duty,
defeat the purposes of Government in the most critical
situation, and perhaps endanger the public safety : and
this without incurring any other inconvenience than the
loss of their commissions. On the present occasion,
though the towns in general, have with alacrity furnished
their quotas of men, a few of them are deficient. The
deficiencies, I am informed, have generally arisen from
the neglect, or refusal of the militia Officers, to do their
duty. Some further penalty seems necessary to prevent,
in future, such delinquencies on the part of the Officers :
and some additional provision should be made for raising
the men required, in case the Officers should prove event-
ually delinquent.

Other defects in those Acts may be remedied at the
same time.

As further detachments from the militia may be soon
necessary, you will permit me, Gentlemen, to recommend
an immediate attention to this business.

JAMES BOWDOIN.

Council Chamber, February 3, 1787.

Chap. 3 Chapter 3.

[January Session, ch. 3, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

I have received a Letter from General Lincoln, dated
at Hadley, the 30th of January, enclosing a copy of two

1786. — Governor's Messages, Etc. 965

Letters which had passed between him and Shays; who,
with a large body of Insurgents, was then posted at
JPelham.

The General's Letter to me strongly recommends some
further measures, as necessary to be taken for the effect-
ual suppression of the Insurgents : And those measures
can be settled & determined on, by no less, nor any other
authority than the General Court.

This, Gentlemen, is a business of great importance,
and claims your immediate attention.

The Letters & Papers will be laid before you by the
Secretary.

JAMES BOWDOIN.

Council Chamber, February 3, 1787.

Chapter 10. Chap. 10

[January Session, ch. 10, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

Mr. Cabot is this moment arrived with a Letter from
Genl. Lincoln, dated ye 4th instant at Petersham, from
which place, on the preceeding day, he obliged the Main
Body of the Insurgents to retreat with great Precipitation,
having taken about one hundred & fifty of them prisoners.

For further particulars, you will please to be referred
to the Letter, and in the mean time will permit me to con-
gratulate you on this important Success.

Orders have been issued to reinforce General Lincoln,
with twenty six hundred of the Militia. I should be glad
to know, gentlemen, whether you would think it ex-
pedient that those orders, should, in consequence of this
Success, be countermanded either in whole, or in part.

JAMES BOWDOIN,
Council Chamber, February 6, 1787.

Chapter 15. Chap. 15

[January Session, ch. 15, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

By General Lincohi's letter of the sixth instant, which
has been communicated to you, after mentioning the dis-

966 1786. — Governor's Messages, Etc.

persed state of the insurgents, he supposes the sending
out any other troops, will be altogether unnecessary at
present ; and thinks we had better attempt to re-inlist a
sufficient number out of those troops now in the field, as
they have obtained some knowledge of duty ; and says he
shall wait the Governor's direction before he takes any
measures for that purpose.

As it is necessary a re-inlistment should be made certain
as soon as may be, you will please, Gentlemen, to take
this matter into immediate consideration, and let me know
your mind, respecting the time and terms, for and upon
which, the General may be authorized to re-inlist the
men : and what number should be re-inlisted.

In consequence of your message of yesterday, founded
on the last intelligence from General Lincoln, I have
countermanded the orders, for making a further detach-
ment from the militia, at present.

JAMES BOWDOIN.

Council Chamber, February 8, 1787.

Chap. 20 Chapter 20.

[January Session, ch. 20, 1786.]

Gentlemen of the Senate, and Gentlemen of othe House of
Representatives,

By Mr. Lush, a Member of the Honorable House, I
yesterday received a letter from General Lincoln, dated
the 8th instant, at Hadley, and which will be herewith
communicated. He mentions in it, that the four Regi-
ments, with which he marched from the lower Counties,
were then at Northampton, where they had made a halt,
on account of the weather ; that he should leave one
Regiment there, and move on to Berkshire with the rest,
in which there are as many men, as he can cover in any
of the upper Towns, when joined by General Patterson's
Troops ; and he is confident, they will be fully competent
to bear down all opposition in that County.

One Regiment, he says, will be employed under the
direction of General Shepard, to apprehend the most
dangerous and influential characters in the County of
Hampshire; and with respect to the County of Worcester,

1786. — Governor's Messages, Etc. 967

that General Warner has with him about fifteen hundred
men, which he will throw into the different parts of that
County, to apprehend or disperse all those, who are
there in arms against the authority of Government.

General Lincoln has been furnished with duplicate
copies of all the proceedings of the present Session of the
General Court, that have any respect to the insurrection,
or his conduct concerning it.

With regard to your resolves of the 8th instant, in
particular, which relate to the enlistment of a number,
not exceeding fifteen hundred men, to be continued in the
public service, an authenticated copy of them was, as soon
as possible, made out and forwarded by express to the
General, with a letter from me : instructing him, that as
his situation enabled him to form the best judgment of
the proper number to be enlisted, he would accordingly
settle what the number should be, within the limit pre-
scribed by the resolve : and to form them into one or two
regiments, under such Officers, as he knew were best
qualified for the service.

To guard against accidents, a duplicate copy has been
forwarded by another express : by which I again wrote,
and informed him, that the General Court had under
consideration, a bill declarative of the disqualifications, to
which the insurgents were to be subject : and when
finished, a Proclamation would be issued, declaring the
terms of the pardon, intended by the Court's resolve of
the fourth instant : and that as soon as may be after, and
agreeably to his desire, the Proclamation would be trans-
mitted to him.

You will observe, Gentlemen, that the General thinks
no time should be lost in settling those disqualifications,
and the terms of Pardon, in order that the Proclamation
may be issued, and sent to him and the other Generals,
as soon as may be, for their direction.

This business, Gentlemen, claims your speedy atten-
tion.

I have this minute received a letter from General
Warner, at Worcester, dated the tenth instant, which is
sent for your information.

JAMES BOWDOIN.

Council Chamber, February 12, 1787.

968 1786. — Governor's Messages, Etc.

Chap. 21 Chapter 21.

[January Session, ch. 21, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Rep resen tatives ,

The Commissioners on the part of this Commonwealth,
viz. the Honorable John Lowell, James Sullivan, Theo-
philus Parsons, and Rufus King, esq= ; and those on the
part of New York, have very happily settled the dispute
between the two Governments, in regard to lands lying to
the Westward of Hudson's River.

They have mutually agreed, in behalf of those Govern-
ments respectively, to the mutual cessions, Grants, Re-
leases, and other provisions, contained in eleven articles,
written on an indented Parchment, dated at Hartford, in
the State of Connecticut, the 16th of December, 1786, and
by them mutually Signed.

The two first of those articles being the most material
ones, run thus :

"First, the Commonwealth of Massachusetts doth hereby
cede, grant, release and confirm, to the State of New York,
forever, all the claim, right and title, which the Common-
wealth of Massachusetts hath, to the Government, Sov-
ereignty and Jurisdiction, of the lands and territories so
claimed by the State of New York, as herein before stated,
and particularly specified.

" Secondly, The State of New York doth hereby cede,
grant, release and confirm to the Commonwealth of Mas-
sachusetts, and to the use of the Commonwealth, their
Grantees, and the heirs and assigns of such Grantees,
forever, the right of pre-emption of the soil from the
native indians, and all other the estate, right, title and
property (the right and title of Government, Sovereignty
and jurisdiction excepted) which the State of New York
hath of, in or to, two hundred and thirty thousand, and
four hundred acres, to be located by the Commonwealth
of Massachusetts, and to be situate to the northward of,
and adjoining to, the lands granted respectively to Daniel
Cox and Robert Lettice Hooper, and their respective asso-
ciates, and between the Rivers Owego and Chenango : and
also of, in or to, all the lands and territories, within the
following limits and bounds, that is to say, Beginning in
the North boundary line of the State of Pennsylvania, in

1786. — Governor's Messages, Etc. 969

the parallel of 42 Degrees of North latitude, at a point
distant 82 miles West from the Northeast Corner of the
State of Pennsylvania, on Delaware River, as the said
boundary line hath been run and marked by the Commis-
sioners appointed by the States of Pennsylvania and
New York, respectively, and from the said point or place
of beginning, running on a due meridian north, to the
boundary line, between the United States of America, and
the King of Great Britain; thence westerly and southerly
along the said boundary line, to a meridian, which will
pass one mile due east from the northern termination of
the Streight, or waters, between Lake Ontario, and Lake
Erie; thence south, along the said Meridian, to the South
shore of Lake Ontario; thence on the eastern side of the
said Streight, by a line always one mile distant from, and
parallel to the said Streight, to Lake Erie; thence due
West, to the boundary line between the United States and
the King of Great Britain; thence along the said boundary
line, until it meets with the line of cession from the State
of New York to the United States ; thence along the said
line of cession, to the Northwest corner of the State of
Pennsylvania; and thence east, along the northern boun-
dary line of the State of Pennsylvania, to the said place
of beginning : " and which said lands and territories, so
ceded, granted and released, and confirmed, are parcel
of the lands and territories described in the petition of
Massachusetts to Congress, in the said indented parch-
ment referred to.

This last described tract, as I am informed by Mr.
Lowell and Mr. Sullivan, whose letter accompanies this
Message, does probably contain between five and six
millions of Acres ; and will be more or less, according to
the true situation of the great Lakes Erie and Ontario;
upon which it is bounded on the West and North, includ-
ing a part of those Lakes, as you will observe, Gentlemen,
by the plan herewith exhibited : with which there will be
also exhibited the aforesaid Indenture, together with the
Instrument on parchment, signed by Governor Clinton,
impowering the New York Commissioners to compleat
this business, on the part of that State.

On this occasion, I cannot but mention, that the conduct
of our Commissioners in this business, merits, and without
doubt will meet with, the approbation of the General Court.

I wish I could inform you, Gentlemen, that the other

970 1786. — Governor's Messages, Etc.

matter in dispute with New York, was also settled. I
mean the Eastern boundary line of that State, so far as it
respects this State.

In regard to it, I have received a letter from the Rev.
Doct. Williams, herewith communicated, giving an account
of the state of that business ; and to which you will please
to be referred.

The mutual Acts passed by the two States for effecting
the settlements of that line, are nearly expired ; and before
any thing further can be done for that purpose, some
further Acts must be passed by the Legislatures of those
States.

This business, Gentlemen, requires your attention.

JAMES BOWDOIN.

Council Chamber, February 13, 1787.

Chap. 22 Chapter 22.

[January Session, ch. 22, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives ,

There are two Requisitions of Congress, which I laid
before you, with my messages of the 29th of September
and 16th of November; and which you referred over to
the present Session, for further consideration.

The latter requisition was for our quota of the sum
required for the pay and support of the troops of the
United States, on the present establishment ; to be paid
into the federal treasury, on or before the first of June
next. With respect to the additional troops, to which
that requisition has in part a reference, you made some
provision for the raising our quota of them ; and of that
quota, I am informed by the commanding officer, there
are about 150 men enlisted ; the most of which are now
in barracks at Castle William, without employ. In
regard to the other requisition, which respects the services
of the year 1786, I received since the last Session of the
General Court, a second authenticated copy of it, accom-
panied with a letter from the board of Treasury, dated
the 13th of November; which they request me to lay
before the legislature.

They also enclosed a Schedule of requisitions on the

1786. — Governor's Messages, Etc. 971

several States, of the 10th of September, 1782, the 30th
of October, 1781, and 27th and 28th of April, 1784, of
the 27th of September, 1785, and of the 2d of August,
1786 ; shewing the quotas assigned to each, the amount
paid thereon, and the balances due on the 30th of June,
1786 ; by which it appears, that the amount of the de-
ficiencies, then due from the several States, is eight
million Jive hundred twenty three thousand, tivo hundred
and fifty two dollars, and %^ths of a dollar ; and that the
deficiency on the part of this State, then amounted to
twelve hundred ninety six thousand, six hundred and forty
nine dollars, and ^ths of a dollar.

They observe, that as these requisitions, are made for
the express purpose of defreying the interest of the
foreign and domestic debt, and the charges of the Civil
government, the legislative bodies of the several States
will easily judge to what embarrassments the Union must
necessarily be reduced, for want of sufficient funds to
discharge these essential engagements.

They then make a statement from the several requi-
sitions and estimates, and from the specie payments into
the general Treasury ; and observe upon it, that the sur-
plus of the receipts, beyond what was necessary to defrey
the charges of the Government in two years and an half;
that is, from the 31st of December, 1783, to the 30th of
June, 1786, is only thirty nine thousand and thirty two
Dollars, and %^lhs of a dollar, to be applied towards the
discharge of the specie engagements above mentioned.

The result of the stated facts, they say, is, that unless
the several States adopt without delay, a more efficient
mode of supplying the general treasury, than has hitherto
been adopted, the confederacy of the States, on which
their existence, as an independent people, too probably
depends, must inevitably be dissolved.

In considering the acts of those States, which have
complied with the several requisitions, they mention the
principal causes of the extraordinary deficiency resulting
from the operation of those acts. But for these, with
other observations of great importance, you will please to
be referred to the letter itself.

In the mean time, Gentlemen, permit me to recom-
mend to your serious consideration, the state of the fed-
eral debt, so far as it respects this Commonwealth ; that
ways and means may be found, which shall with certainty,

972 1786. — Governor's Messages, Etc.

operate to the speedy dimunition, and final extinguish-
ment of it.

JAMES BOWDOIN.

Council Chamber, February 14, 1787.
Chap. 26 Chapter 26.

[January Session, ch. 26, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

By the post I received from New York two Letters,
dated the second instant : one from Mr. Thomson, men-
tioning, that on that day, the United States in Congress
assembled, had appointed their President for the current
year.

There were enclosed with it, two volumes of the
Journals of Congress for 1786 : one for the Legislature,
and the other for the Executive. The former will be
delivered to you by the Secretary.

The other Letter is from the board of Treasury, trans-
mitting, for the information of the Legislature, a particular
statement of the contingent expenditures of the United
States, from the first of January, to the last day of De-
cember, 1786 : amounting to sixty thousand, two hundred
and sixty nine dollars, and \\ths of a dollar.

They also transmitted a General Account of receipts
and expenditures of the United States, from the first of
November, 1785, to the 30th of June, 1786: the balance
of which is fourteen thousand, two hundred and thirty five
dollars, and %\ths of a dollar : being the amount of specie
payments beyond the receipts : or an anticipation of the
public credit.

These several letters and papers, will be laid before
you, Gentlemen, for your information.

JAMES BOWDOIN.

Council Chamber, February 15, 1787.

Chap. 31 Chapter 31.

[January Session, ch. 31, 17S6.]

Gentlemen of the Senate, and Gentlemen of the House of
Rep resentatives ,

Pursuant to your Resolve of the 17th instant, I for-
warded the same night to General Lincoln, three hundred

1786. — Governor's Messages, Etc. 973

pounds, with proper orders and instructions for enlisting
men into the public service, and carrying the said resolve
into full execution.

By Major Rice, who is employed in the business of
enlisting the men, I yesterday received a letter from
General Warner, at Worcester, giving information, that
agreeably to a letter to him from General Lincoln,
measures were taken for raising a regiment in the County
of Worcester, to be commanded by Colonel Timothy
JSfeivell; that he has no doubt the regiment may be
immediately raised, provided the advance pay of twenty
shillings to each man, be sent on, and ready to be delivered
to them at the time they engage. If you think proper to
order any money to be sent to General Warner, for
raising the proposed regiment, Major Rice is ready to
proceed with it.

General Warner, mentions in his letter, that it is
thought advisable, and would be of public benefit, to raise
a small company of horse, to assist the civil officers in
arresting the leaders of the rebellion, and their abettors.
On this matter also, you will please, Gentlemen, to
express your mind.

By Major Seward, I have had a letter from General
Lincoln, dated at Pittsfield, the 14th instant.

You will observe by it, he was taking measures for
apprehending some of the principal characters in the
rebellion ; and for that purpose had by his letters applied
to the Governors of the neighbouring States for their
assistance. These letters, in the design of them, concur
with my own to the same Gentlemen ; to whom I some
time ago wrote for the same purpose.

The letters from General Lincoln, & General Warner,
will be laid before you Gentlemen by the Secretary.

JAMES BOWDOIN.

Council Chamber, February 19, 1787.

Chapter 32. Chap^ 32

[January Session, ch. 32, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

In the recess of the General Court, I received two
letters from Governor Randolph, of Virginia, dated at
Richmond in that Commonwealth, the first & sixth of

974 1786. — Governor's Messages, Etc.

December last ; transmitting an Act of the Legislature of
that State, for appointing Deputies to a convention, pro-
posed to be held in Philadelphia, on the second day of
May next ; for the purpose of revising the federal Con-
stitution.

By the last post, I also received a letter from Governor
Caswell, of North Carolina, dated the 12th of January,
inclosing an Act of the Legislature of that State, for
appointing deputies for the same purpose.

A Convention of Commissioners from several States
was held at Annapolis, in September last, for the purpose
of devising & reporting the means of enabling Congress
to provide effectually for the Commercial interest of the
United States ; but they finding their Commission too
much limited, did in their report, represent the necessity
of extending the revision of the federal system to all its
defects ; and recommended, that deputies for that purpose
should be appointed by the several legislatures of the
United States to meet in Convention, in Philadelphia, as
above mentioned.

The report of the aforesaid Commissioners was laid
before you at your last Session, together with my Message
of the second of October, upon the subject of it ; to both
of which, you will please to be referred.

The Letters from the two Governors, warmly recom-
mend a Co-operation on the part of this State.

The subject is important, & merits an attentive con-
sideration.

JAMES BOWDOIN.

Council Chamber, February 19, 1787.

Chap. 62 Chapter 62.

[January Session, ch. 62, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Rep resen ta tives ,

Agreeably to your desire, expressed in your resolve
of the ninth of February, I wrote to our Delegates to in-
form Congress of the Commotions that had taken place
in this Commonwealth ; of the consequent declaration,
that a rebellion existed in it, and of the measures, that
had been pursued for suppressing it. I also desired them
to request Congress, that such measures might be taken,

1786. — Governor's Messages, Etc. 975

as they should judge proper, for the security of the federal
Arsenal at Springfield ; in order that the troops of this
State, then stationed there, might be employee! in other
service.

By their answer, received by the last Post, they in-
form me, that the Secretary at war, had ordered the
Troops, raised in Connecticut, under the resolutions of
Congress, of the 20th of October, to repair to Springfield,
for the protection of that Arsenal ; that he had authority
to direct those raised in Massachusetts, to take post at the
same place ; and that he should direct them so to do, as
soon as Massachusetts shall make such provision, on the
credit of the union, as will enable him to effect that
measure.

I transmitted to them a letter for the Governor of JVetv
York, in which I enclosed our proclamation, offering a
reward for apprehending certain rebels ; and requested
him to issue a like proclamation for the same purpose ;
and to take the most effectual measures in his power, for
preventing the rebels from obtaining any aid within his
Government.

They say upon this head, they have reason to suppose,
that the Legislature of New York, to whom Governor
Clinton, communicated my letters, will order that business
to be conducted entirely conformable to the wishes of this
Government. I wrote similar and duplicate letters to the
Governors of the neighbouring States, as far as Pensyl-
vania, inclusive of it ; and the answers of such as have
returned answers, have been communicated to you.

By the same Post I received from Mr. Thomson, a
resolution of Congress, of the 21st of February, express-
ing the opinion of Congress that it is expedient a conven-
tion of Delegates from the several States should be held
on the second monday of May next, at Philadelphia, for
the sole and express purpose of revising the articles of the
Confederation ; and reporting to Congress, and the several
Legislatures, such alterations, and provisions, as shall,
when agreed to in Congress, and confirmed by the States,
render the federal Constitution adequate to the exigencies
of Government, and the preservation of the union.

The letters, Gentlemen, will be laid before you by the
Secretar}7.

JAMES BOWDOIN.

Council Chamber, March 2, 1787.

976 1786. — Governor's Messages, Etc.

Order of the House of Representatives, respecting the
Governor's objections to the bill for establishing a
salary.

Ordered, That the Governor's objections, made this
day, to the bill for establishing a Salary of a fixed and
permanent value for the Governor ; and repealing a Law
heretofore made for that purpose, be published ; and that
the Secretary send copies thereof to the several towns and
plantations within this Commonwealth.

March 10, 1787 *

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

The bill you passed the last evening, relating to the
Governor's Salary, has been laid before me. I find by it,
that it is your opinion, the Salary is too high, and that
you propose to reduce it from eleven hundred pounds, to
eight hundred.

The opinion of the General Court is, and ought to be,
of great weight : and in most cases, when such is their
pleasure, has the sanction of, and is in fact law. But you
are sensible, Gentlemen, that according to the Constitu-
tion, which is the Supreme law, there are cases, to which
the Legislative power does not extend ; and it is appre-
hended the object of the present bill is one of them.

In order to have a right conception of this matter, we
must recur to the Constitution, which declares, that " it is
necessary the Governor should have an honorable stated
Salary, of a fixed and permanent value, amply sufficient
for the purposes mentioned in it : and established by
standing laws : and that it shall be among the first acts of
the General Court, after the commencement of this Con-
stitution, to establish such Salary by law accordingly," —
"And if it shall be found, that any of the Salaries aforesaid,
so established, viz. the salaries of the Governor and the
Justices of the Supreme Judicial Court, are insufficient,
they shall from time to time be enlarged as the General
Court shall judge proper."

Permit me, Gentlemen, upon this occasion, to ask,
whether by this article of the Constitution, the right of
settling the quantum of the Salary was not confined to the

* Original dated February 9, 1787; manifestly an error.

1786. — Governor's Messages, Etc. 977

first General Court, after the commencement of the Con-
stitution ? Whether any power is given to any succeeding
General Court, to alter that quantum, unless it should be
insufficient : in which case it may be enlarged as the Court
shall judge proper? Whether, if it be alterable by dimi-
nution by the present General Court, it may not, in the
same manner be altered by the next General Court ; and
again further altered by succeeding General Courts ; and
thus instead of being established, will it be any thing more
than an annual grant, constantly subject to variation and
change? Whether, in that case, it can be deemed a stated
Salary ; or of a fixed and permanent value ; or established
by any standing or permanent law ; or can be depended
on as amply sufficient for the purposes intended? And
whether those purposes, as expressed in the Constitution,
would in that case be answered ; namely, " that the Gov-
ernour should not be under the undue influence of any of
the Members of the General Court, by a dependence on
them for his support ; that he should in all cases act with
freedom for the benefit of the public ; that he should not
have his attention necessarily diverted from that object to
his private concerns ; and that he should maintain the
dignity of the Commonwealth in the character of its chief
Magistrate ? " Whether the proper answers to these queries
do not shew that the bill is unconstitutional ? and whether
in that case it is not incumbent on me to refuse my signa-
ture to it ; especially as I have, pursuant to the Oath of
Office, solemnly sworn, that I will faithfully discharge and
perform all the duties of my Office, agreeably to the rules
and regulations of the Constitution ?

In fact, Gentlemen, I apprehend the bill to be contrary
to the Constitution ; and that for that reason, as well as in
consequence of the oath, I am compelled to return the bill
to you for your reconsideration of it, agreeably to the
Constitution.

It gives me pain to object to a measure, which appears
to be a favorite one, with many Gentlemen of the Court :
but from my ideas of your candour, I persuade myself you
will not attribute it to any dishonorable or pecuniary
motives : especially when I assure you, that no interested
considerations relative to myself, have in any degree in-
fluenced me to it ; and as it must be very uncertain,
whether I shall be again called to the chair.

Such a call I shall esteem a great honour, as it will fur-

978 1786. — Governor's Messages, Etc.

ther evince the good will of my fellow citizens : but as the
honour was originally conferred without any solicitation
on my part, so the continuance of it, if that should take
place, will be equally unsolicited.

My inclination would lead me to retirement : but if it
should be thought, I can be further serviceable to the
Commonwealth, I will not desert it : especially at a time,
when it is under the pressure of so many embarrassments.

To relieve it in any degree, from such pressure, would
give me the highest satisfaction ; and should there be a
future opportunity for it, and the General Court should
then think the proposed reduction of the salary worthy
of their notice, I would, so far as it may respect myself,
consent to it : although my annual expenditures do much
exceed the whole amount of the Salary. But it is not in
my power, for the reasons above suggested, nor does it
comport with my inclination, to diminish, or in any way,
render precarious, the Salary of my successors : Knowing,
by my own experience, that it would be inadequate to the
support of them in proper character.

JAMES BOWDOIN.

Council Chamber, March 9, 1787.

In consequence of the foregoing Message, the Honour-
able House of Representatives re-considered the said bill,
and cancelled it : the bill having originated in the House.

Chap. 1 Chapter 1.

[April Session, ch. 1, 1786.]

Yesterday was the day on which the General Court, pur-
suant to the Governour's proclamation, of the 12th in-
stant, were to meet at the State House : Many Members
accordingly attended ; but not in sufficient numbers to
form a quorum of both Houses till this day, when his
Excellency, at twelve o'clock, met the two Branches in
the Senate-Chamber, and addressed them as follows :

Gentlemen of the Senate, and Gentlemen of the House of
Representatives ,

At the time of your last recess, there was no expecta-
tion of any further meeting of the present General Court :
But another meeting has been thought necessary, in con-

1786. — Governor's Messages, Etc. 979

sequence of the death of Thomas Ivers, Esquire, by which
the office of Treasurer has become vacant. As there is
no law authorizing the Governor and Council, in such a
case, to make a temporary appointment; and it being ap-
prehended the Constitution would not warrant it, the
Council advised, that the General Court should be con-
vened, as soon as might be, for the purpose of supplying
the vacancy, and accordingly you are now convened for
that purpose.

An interruption of business at the Treasury must be at
all times inconvenient to the public ; but especially so,
at the present time, when there is such a multiplicity of
it to be transacted, and the fulfilment of the engagements
of Government depends upon its being speedily done.
It is probable, therefore, you will proceed to the choice
of a Treasurer, as soon as you can obtain sufficient infor-
mation and satisfaction, respecting the persons, who may
be candidates for that office. The character of Mr. Ivers's
successor should be, like his, distinguished by an indus-
trious application to business ; by a happy facility in
transacting it ; and by the strictest integrity. This de-
scription, at the same time it shews what ought to be the
character of such an Officer, is but a just tribute to the
memory of the deceased.

There are several other matters, which also require the
consideration of the General Court.

You are sensible, Gentlemen, that the facilities, allowed
by Congress to discharge a part of the requisition of Sep-
tember, 1785, are not now receivable at the Treasury : the
time of receiving them having expired the first day of the
present month. A letter has therefore been written to
our Delegates, recommending a speedy application to that
honorable body, to lengthen out the time for receiving
those facilities. You will consider, Gentlemen, what is
proper to be further done in regard to them.

Another matter for your consideration, respects the
jurisdiction line between this State and New York.

I transmitted to Governour Clinton, with my letter of
the 3d of March, an authenticated copy of our late act,
allowing the Commissioners further time for settling that
line, and informed his Excellency, that the Massachusetts
Delegates, to whom I wrote upon that head, would, in
concert with the Agents of JSTeiv York, settle the neces-
sary preliminaries, and jointly request the Commissioners

980 1786. — Governor's Messages, Etc.

to appoint a time for finishing that business. Soon after
transmitting that act, and since the prorogation of the
General Court, I received, through the hands of our Del-
egates, a new act for the same purpose, passed by the
Legislature of that State ; repealing their former acts, and
making the appointment of two additional Commissioners
necessary. As there was then no expectation of a meet-
ing of the General Court for several months, and the
Legislature of New York continued sitting, I apprehended
it would expedite the settlement of the line, if they should
pass an act, conformable to ours, for that purpose : and
accordingly, on the 15th of March, I wrote to, and de-
sired, our Delegates to represent this matter to Governor
Clinton, for his consideration. But I have not since had
any information upon the subject. — The act of the Legis-
lature of New York, will be laid before you for your con-
sideration.

As a considerable part of the federal troops, ordered
by Congress, in October last, to be raised in this State,
have been enlisted, and cloathing was preparing for them,
they would have been soon fit for service : in which case
they might have relieved a like number in our two Regi-
ments, employed in the Western Counties : or, if needful,
have supplied the place of those Regiments at the expi-
ration of their time of service. But Congress have thought
proper to discharge those Troops, excepting two Com-
panies of Artillery, who are ordered to be stationed at
the Federal Arsenal in Springfield; as you will observe
by several resolutions of theirs, dated the ninth instant.

With respect to those two Regiments, General Lincoln,
informs me, that the several companies, of which they are
composed, are compleated ; and that they are stationed
as the nature of the service made necessary.

The Supreme Judicial Court are proceeding in their
business in those Counties ; and the Commissioners,
empowered to promise indemnity to a certain description
of criminals, have been going on with theirs. The pro-
ceedings of each, contained in their respective letters to
me, will be laid before you.

Having thus made the necessary communications, I
would so far bring back to your recollection the late
measures of Government respecting the rebellion, as to
congratulate you upon the success of them ; and upon the
hopeful prospect there is, if those measures are continued,

1786. — Governor's Messages, Etc. 981

that the western Counties, will in a short time, be restored
to a state of tranquility. This is the happy result of your
cordial and spirited co-operation with the Executive in
those measures : which were planned and executed, pur-
suant to your recommendations ; and have been honoured
with your repeated approbation.

It has been my lot to pass through the several grades
of political life, during a period the most interesting, that
America ever saw : and it is with real satisfaction, I can
take a review of it, in the solitary hour of reflection.

As I have been so long versant in it, and have had so
large a share of the honours of my Country, it is certainly
decent to wish for retirement, that younger men, and of
more ability, might succeed to the chair of Government.

I am happy, that with this wish the voice of the people
co-incides ; as in the contrary case, I could not have
indulged it, without the imputation of deserting them in
the present critical situation of affairs.

Permit me, Gentlemen, to thank you for the confidence,
with which you have honoured me ; and for the favourable
opinion you have, on several occasions, expressed of my
administration ; and be assured, that the recollection of
them, in future, will be to me a source of real pleasure.

You will have the goodness to accept of my sincere and
ardent wishes for your welfare and happiness : and will, I
am persuaded, with equal ardour, join with me in the
further wish, — that the people of this Commonwealth
may have just ideas of liberty, and not lose it in licentious-
ness, and its natural consequent, — despotism: That they
may revere the Constitution of their own framing ; and
govern their conduct by the principles of it, especially in
the choice of the men, to whom, when chosen, the Con-
stitution has delegated the powers of Government. That
their Delegates, actuated by the same principles, may be,
not the violators, but the guardians of liberty and prop-
erty ; may ever pay a sacred regard to public faith ; and
by all their acts, in the best manner, promote the public
happiness.

Under the uniform influence of such principles, the
Commonwealth, will rise superior to its present embarrass-
ments ; and evince to the world the mistake of those
politicians, who declare, that a republican Government,
founded, like ours, on the principles of equal liberty,
cannot long subsist.

982 1786. — Governor's Messages, Etc.

May this Commonwealth, and the United States in
general, be lasting monuments of the truth of a counter-
declaration.

JAMES BOWDOIN.

Council Chamber, April 26, 1787.
Chap. 2 Chapter 2.

[April Session, ch. 2, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

By the last Post I received a Letter from Mr. Secretary
Thomson, transmitting sundry resolutions of Congress,
passed the 21st of March, respecting the treaty of peace
between the United States and Great Britain: and also a
Letter to me of the 13th inst, unanimously agreed to in
Congress, and signed by the President, on the same
subject.

The resolutions declare, that national treaties do, in
virtue of the Confederation, become the law of the land ;
and are not only independent of the will and power of the
Legislatures of the several States, but also binding and
obligatory on them ; that all such Acts, or parts of Acts,
as may be now existing in any of the States, repugnant to
the treaty of peace, ought to be forthwith repealed ; and
that it be recommended to the several States, to make
such repeal ; and for that purpose to pass an Act, declaring
in general terms, that all such acts, and parts of acts,
repugnant to the said treaty, shall be, & are repealed.

The letter from Congress is written, to explain the
principles, on which they have formed the several reso-
lutions ; and that the repealing acts of the several States
may be as nearly alike as possible, the form of them is
given, & recommended, in the said Letter.

In the letter it is observed, that it is certainly time,
that all doubts respecting the public faith, be removed;
and that questions & differences between us, and Great
Britain, be amicably and finally settled : that the States
are informed of the reasons, why his Britannick Majesty
still continues to occupy the frontier posts, which by the
treaty he agreed to evacuate ; and that we have the strong-
est assurances, that an exact compliance with the treaty
on our part, shall be followed by a punctual performance
of it on the part of Great Britain.

1786. — Governor's Messages, Etc. 983

The letter concludes with the declaration, that it is im-
portant, that the several legislatures of the States should,
as soon as possible, take these matters into consideration :
And I am requested to transmit to Congress, an authen-
ticated copy of such acts and proceedings of the Legisla-
ture of this State, as may take place on the subject,
and in pursuance of that Letter ; you will therefore, Gen-
tlemen, please to give an early attention to this important
business ; and take such measures respecting it, as the
national faith, & sound policy require.

JAMES BOWDOIN.

Council Chamber, April 27, 1787.

Chapter 8. Chap. 8

[April Session, ch. 8, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Represen tatives.

Your resolution of the ninth of March last, empower-
ing the Governour and Council, to examine and adjust
all accounts for supplies of provisions, &c. has been under
consideration of the Council ; and as they find themselves
greatly embarrassed in the settlement of those accounts,
I would, agreeably to their request, suggest to you,
whether it would not be expedient, that the accounts be-
longing to the department of the Quarter Master Gen-
eral, should be referred to the Quarter Master General,
for liquidation ; and that the accounts for supplies of pro-
visions and utensils, and for transportation of the same,
furnished by the Selectmen and others, and belonging to
the department of the Commissary General, who marched
with the troops, should be referred to him for the same
purpose : they being, from their knowledge of circum-
stances, best qualified to judge of those accounts, and
most able to detect errors in the settlement of them.

I have received a letter, Gentlemen, from Gen. Lin-
coln, upon that subject ; which will be laid before you by
the Secretary.

JAMES BOWDOIN.

Council Chamber, April 28, 1787.

984 1786. — Governor's Messages, Etc.

Chap. 9 Chapter 9.

[April Session, ch. 9, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

The Commissioners appointed by the General Court,
to promise indemnity to a certain description of persons,
concerned in the rebellion, have made a report of their
proceedings in that business ; and it is now communicated
to you for your information.

The last Post brought me a Letter from our Delegates,
dated at JSfeio York, the 22d instant : by which you will
observe, that the Legislature of the State of New York,
had passed a law in conformity to ours, respecting the
running of the Jurisdiction-line between the two States,
notwithstanding they had previously enacted a law in
some measure different.

As the Commissioners appointed to execute that busi-
ness, propose to proceed upon it in the months of June
and July, you will consider, Gentlemen, whether any
further provision is necessary to be made for its com-
pletion ; and in that case you will be pleased to make it.

JAMES BOWDOIN.

Council Chamber, April 30, 1787.

Chap. 10 Chapter 10.

[April Session, ch. 10, 1786.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

I have just received by the last ship from London, a
letter from the honorable Mr. Adams, the American
Minister there. It was accompanied by a letter from
Doctor Jeffries, dated in London, the loth of December
hist ; in which he says, that the late Province, now State
of Massachusetts, are indebted to him, for acknowledged
professional services, as Physician to the Provincial poor in
the years 1774 and 1775, the sum of ,£63.4.. 19.. 10= law-
ful money ; that the accounts and vouchers have all been
examined, approved, and reduced to that amount; and
also certified by the signatures of the then proper persons,
authorized to take cognizance of, approve and certify them ;

1780. — Governor's Messages, Etc. 985

and that by his attorney and Agent he has been continually
soliciting payment.

The Letters will be laid before you ; and you will do in
this business, Gentlemen, what shall appear to you just
and right.

JAMES BOWDOIN.

Council Chamber, April 30, 1787.

986 1787. — Governor's Messages, Etc.

SPEECHES AND MESSAGES.
1787.

[May Session, 1TS7.]

The Governor and Lieutenant Governor elect, having
been previously notified of their respective elections,
came into their Representatives' Chamber, where the
two Branches of the General Court were convened,
when His Excellency the Governor was pleased to ad-
dress them as follows : *

Gentlemen of the Senate, and Gentlemen of the House of
Represen tatties ,

A very respectable committee, by you appointed, have
notified me that the citizens of this Commonwealth have
elected me Governor for the year ensuing.

To promote the happiness of my native country, hath
always been the great object of my pursuit, and to merit
the approbation of my fellow citizens, was ever my
highest ambition — Defective as I may have been in the
pursuit of the first, I should feel myself ungrateful to an
high degree, did I not, upon the present occasion, ac-
knowledge the kind partiality of my countrymen in grant-
ing me so great a share of the second.

When from a want of health, I retired from the place
of Chief Magistrate of this Commonwealth, I did not
expect to be aguin called to the important trust, but since
my fellow-citizens have, without any solicitations of mine,
seen fit in the present day to call upon me for my exer-
tions, I cannot abuse that partiality which they have so
often manifested towards me, by declining the office.

The suffrages of a free people, would in common times
render an apology for my appearing in this place, quite
unnecessary, but in the present situation of public affairs,
it becomes necessary for me to declare, that I am so far
from accepting the office from a dependance upon my own
ability, to restore the government to its needed tranquil-
ity, that it is, Gentlemen, on your wisdom and prudence

* Taken from court record.

1787. — Governor's Messages, Etc. 987

alone, I rely, for those measures which may lead us to
public safety ; from you the people will look for those
laws and ordinances which will secure the blessings in-
tended for them by the happy constitution of government
they have established. Of me they have a right to expect
that I shall exert the powers vested in me for their benefit
and advantage, and it shall be my highest ambition not to
disappoint them. To preserve, Gentlemen, sacredly and
inviolate, our excellent Constitution of government ; to
relieve as much as possble the burdens of the people, and
to maintain a strict adherence to private and public justice,
shall be the great objects of my administration, and in the
pursuit of them, I doubt not of your assistance and sup-
port, as well as those of all good men.

Having declared, Gentlemen, my acceptance of the
office to which I am elected, I am now ready to comply
with the qualifying requisitions of the Constitution.

JOHN HANCOCK.

His Honour the Lieutenant-Governor then addressed the
Legislature as follows : *

Gentlemen of the Senate, and Gentlemen of the House of
Represen t a fives ,

I have been informed by a very respectable committee
of both Houses, that you have been pleased to elect me
to the office of Lieutenant-Governor for the year ensuing.
I have a due sense of the honour you have conferred upon
me in this appointment. I consider it as a mark of your
esteem and confidence. It has been my constant aim,
while I have had the honour of being employed in the pub-
lic service, to consult, and to the utmost of my abilities
to promote, the best interests of the people ; and it has
afforded me the highest satisfaction, that my conduct has
generally met their approbation. I am obliged to you for
the polite manner in which you have acquainted me with
this appointment — I now declare my acceptance of it,
and you may rest assured, I shall endeavour to discharge
the duties of this office with faithfulness and impartiality,
and am ready to take the oaths and subscribe the declara-
tions required by the Constitution.

THOMAS CUSHING.

June 2, 1787.

* A careful search fails to produce either a court record or any original paper of
this address.

988 1787. — Governor's Messages, Etc.

Chap. 2 Chapter 2.

[May Session, ch. 2, 1787.]

Gentlemen of the Senate, & Gentlemen of the House of
Representatives.

The Secretary will lay before you a Letter I have just
received from Colonel Badlam, commanding Officer of
the Troops stationed in the County of Hampshire, repre-
senting his situation, and the complexion of our public
affairs in that quarter, by which it appears, that after the
time for which the Troops stationed there is expired, the
inhabitants in, and near that County, will live very uncom-
fortably. You will find upon perusing this Letter, that
those who have been in opposition to Government, have,
from Vermont and New Hampshire, repeatedly made in-
cursions into this State, with an intention to plunder, and
carry off the Friends to Government, and in two instances
have accomplished their purpose, by taking off Doctor
Pomeroy &, Mr. Metcalf, both respectable characters ;
that the Colonel has been obliged to station a detachment
of his Regiment in particular Towns, to guard the friends
of Government, and that he has had application from
other Towns for the like protection : I therefore submit
it, Gentlemen, to your consideration, whether it will riot
be absolutely necessary for the support and protection of
Government, to continue in service the Troops now sta-
tioned in the Counties of Hampshire & Berkshire, for so
long a time, after the term of their enlistment expires, as
you may judge necessary to restore peace, tranquility &
security to those Counties.

JOHN HANCOCK.

Council Chamber, June 5, 1787.

Chap. 3 Chapter 3.

[May Session, ch.3, 1787.]

Gentlemen of the Senate, and gentlemen of the House of
Representatives.

I have just received a Letter from Mr. Dane, one of
the Delegates in Congress, which the Secretary will
deliver you, enclosing a resolve of Congress of the 3rd
of May, ordering all monies accruing from the requisition
of 21st October last, or advanced by any of the States for

1787. — Governor's Messages, Etc. 989

the service of the Federal Troops, shall be credited to
such States on the specie Requisitions of 1784, 1785 or
1786, at the option of the States respectively.

Mr. Dane, also mentions that Mr. Hittchins, one of the
Commissioners appointed to run the Jurisdiction Line
between Massachusetts & New York, informs, that the
Commissioners will be ready to attend that Business by
the middle of June. You will please to take such order
on this subject, as you judge necessary.

JOHN HANCOCK.

Council Chamber, June 6, 1787.

Chapter 5. Chap. 5

[May Session, ch. 5, 1787.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives ,

I have this day received several Letters, which the
Secretary will deliver you. One from Mr. Secretary
Thompson, inclosing an Act of Congress of 23d of
March last, for reducing the public expenditures, & a
state of the representation for that month.

One from the Board of Treasury, inclosing an ordinance
of 7th of May, for settling the Accounts between the
United States & individual States ; By which you will
observe that the several States are limited to a period for
exhibiting their respective claims against the Union : I
submit to you the propriety of adopting measures for
facilitating the execution of this business.

Also a Letter from his Excellency Governor Huntington,
giving information of certain persons from the County
of Berkshire, and other places, endeavouring to raise
Insurrections in the Northwestern parts of the State of
Connecticut, & the happy effects of his exertions in the
suppression of them.

One other Letter from the Sheriff of the County of
Hampshire, respecting a designed attack upon the Goal
at Northampton, which by the vigilance of the Militia was
prevented.

JOHN HANCOCK.

Council Chamber, June 7, 1787.

990 1787. — Governor's Messages, Etc.

Chap. 33 Chapter 33.

[May Session, ch. 33, 1787.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

By your resolution of the 13th instant you have extend-
ed the clemency of Government to all the unhappy and
deluded people, who have been concerned in the late
insurrections, excepting nine of the principal leaders.
This Act of benignity and mercy, I conceive cannot fail
to induce those unhappy men, to return to the open arms
of their Country, and again to enjoy the blessings of a
free Government : but should their delusion and infatua-
tion be still continued ; shall the honest and loyal part of
the community be burthened with taxes for supporting a
force to defend the State against a few citizens, who
depart from the original compact, and refuse to be gov-
erned by a majority of the Representatives, annually
elected by the people ? Surely no man who loves the peace
and tranquility of government, will suppose that the whole
force of the Commonwealth, if necessary, should not be
exerted to reduce such of them as shall hereafter continue
unreclaimed !

But you are sensible, Gentlemen, that by the Constitu-
tion, it is out of my power, as Governor, to transport any
of the Inhabitants of the Commonwealth, or oblige them
to march out of the limits of the same, without their free
and voluntary consent or the consent of the General
Court ; and therefore, should a very small force be con-
tinued to annoy the State, without the limits of the same,
I cannot march the forces you have ordered to oppose
them, unless you make provision for the same.

Besides this, should a number of men, who have relin-
quished their connection with all Government, be suffered
to collect on the borders of this State, their accumulation
offeree, from Thieves, Debtors, & other fugitives, would
very soon render them troublesome, if not formidable to
other States, as well as this.

You will also please to consider the difficulty of march-
ing Troops into another sovereign State, without the
consent of the Government there, and that this may
render it necessary to treat with some of the other States
on that subject.

1787. — Governor's Messages, Etc. 991

As the effect of your Act of Indemnity, cannot be soon
fully known ; and as the Citizens of the State may be
endangered by new hostilities, before the next meeting of
the General Court, I think it my Duty to suggest these
ideas, that you may pay them such attention as you may
think they deserve.

The object of my measures shall be, to restore peace
and good order to the Commonwealth, and I cannot doubt
of your countenance and support in every measure which
you may think is pointed to that great and desireable end.

JOHN HANCOCK.

Council Chamber, June 19, 1787.

Chapter 42. Chap. 42

[May Session, ch. 42, 1787.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

As it has always given me the highest pleasure to meet
the wishes of the people ; and as the Governor's Salary
has been among those objects which engaged the attention
of the last Court, and has already attracted the notice of
the present, — To prevent a Decision on a subject, the
Constitutionality of which must, in its nature, be attended
with some uncertainty ; You will permit me Gentlemen,
to make a voluntary offer of Three hundred pounds to the
community, to be deducted from my Salary for the pres-
ent year. — I shall, with pleasure, confine myself to the
remaining sum, which the last Assembly determined to
be sufficient to sustain the importance of that Station to
which I have had the Honor of being appointed. And
when we may rationally presume that the future situation
of our affairs will be less perplexed than the present, I hope,
that it will not be considered as a precedent to affect any
Successor in Office, nor, that I have any view, but that
of contributing, as far as in me lies, to relieve the bur-
thens of the people.

JOHN HANCOCK.

Council Chamber, June 21, 1787.

992 1787. — Governor's Messages, Etc.

Chap. 1 Chapter 1.

[October Session, ch. 1, 1787.]

Thursday the 18th October , His Excellency the Governor
went to the State-House, where, in presence of the two
Branches of the Legislature, who had met in the Rep-
resentatives Chamber for the purpose, he addressed
them in a Speech, as follows :

Gentlemen of the Senate, and Gentlemen of the House of

Representatives.

I have directed the Secretary to lay before you several
Letters which I have received in the recess of the Court :
among them you will observe a letter from His Excellency
the Governor of New York, wherein he expresses his ap-
prehension of a wicked combination entered into by a
number of persons, with an intention to deprive this Com-
monwealth, & that State, of the Lands which have been
lately the subject of a compact between them. I need
not enlarge on this subject, as it will appear to you that
the pretentions of these people are rather an insult upon
this Government, than an apology for their conduct. I
have no doubt of your immediate attention to a subject,
by which the interest & honor of the Commonwealth are
so much affected.

The General Convention having compleated the busi-
ness of their appointment, & having reported to Congress,
k-A Constitution for the United States of America" I
have received the same from that Honorable Body, & have
directed the Secretary to lay it, together with the Letter
accompanying it, before the Legislature, that measures
may be adopted for calling a Convention in this Common-
wealth, to take the same into consideration. It not being
within the duties of my office to decide upon this momen-
tous affair, I shall only say, that the Characters of the
Gentlemen who have compiled this system, are so truly
respectable, & the object of their deliberations so vasthT
important, that I conceive every mark of attention will
be paid to the report. Their unanimity in deciding those
Questions wherein the general prosperity of the Nation
is so deeply involved, & the complicated rights of each
seperate State are so intimately concerned, is very remark-
able ; & I persuade myself that the Delegates of this State

1787. — Governor's Messages, Etc. 993

when assembled in Convention, will be able to discern
that, which will tend to the future happiness & security
of all the people in this extensive Country.

By a resolve of the Legislature of the thirteenth of
June last, the Governor was requested to raise a Body
of troops, of not less than five hundred, nor more than
eight hundred men, as the public exigency, in his opinion,
should require, to be stationed in the Counties of Hamp-
shire & Berkshire, & to be continued in service for the
space of six months, unless sooner discharged, in the
whole, or in part, by the Governor with advice of Coun-
cil ; in pursuance of that resolve, I issued orders for rais-
ing five hundred men, rank & file, & appointed Lieutenant
Colonel Lyman to the command of them, but the recruits
never amounted to more than two hundred & fifty, which
were, as the event shews, fully adequate to the business
for which they were raised.

Soon after the General Court were adjourned, the in-
telligence from those Counties indicated a military force
to be unnecessary, but as you had, by your Act of the
twenty ninth of June, requested me to write to the Gov-
ernors of other States, for leave to march troops into their
Territories, if it should be found necessary to pursue any
number of men collected there, for the purpose of annoy-
ing this Commonwealth, there would have been an impro-
priety in disbanding the troops immediately upon writing
Letters in consequence of that request ; they were there-
fore continued in service until the thirteenth of September,
when, by the unanimous advice of the Council, I gave
orders for disbanding them.

But as some persons who were under charge for taking
an active part in the late commotions, were confined in
the Goal of the County of Berkshire, with advice of Coun-
cil, I gave orders to Major General Patterson to afford
such Guard to the prison, by drafts from the Militia, as the
Sheriff of that County should find to be necessary.

I have the pleasure to congratulate you, gentlemen, on
the return of peace & good order thus far ; & while I sin-
cerely lament those insurrections, which have greatly
injured the interest & character of our Country, I am
persuaded you will join with me in the sentiment, that
this unhappy occurence cannot be considered as a certain
mark of the indisposition of the people to good order &
government. Similar insurrections are found in the his-

994 1787. — Governor's Messages, Etc.

tory of all Countries ; & although in this State, where no
Tax can be levied or law made, but by the consent of the
immediate Representatives of the people, & where every
grievance can be redressed in a Constitutional way, they
are inexcusable, yet from my knowledge of the great de-
gree of intelligence, which our fellow citizens at large
possess, I am obliged to believe, that a sense of their own
reputation, & the regard they have to their own interest
& happiness, will produce a due subordination to Govern-
ment, & a regular obedience to the laws, without a further
application of Military force.

The Legislature having by their Act of the thirteenth
of June, indemnified from criminal prosecution all the
persons concerned in the late Commotions, excepting those
convicted of crimes, & nine others specially named in the
Act ; the Supreme Executive, on similar sentiments, con-
ceived that a pardon to Jason JParmenter, Henry McCul-
lock, Henry Gale, & Job Shattuck, who were then under
sentence of death for treason, might be granted consist-
ently with the dignity & safety of the Government, &
that such a measure would have a tendency to restore the
publick tranquility, to conciliate the affections of the peo-
ple, & to establish peace in the State. Accordingly, by
& with the advice of Council, on the thirteenth day of
September, I sealed a pardon for those persons.

As a Tax in the course of the year will become neces-
sary, an attention to the mode of taxation may tend to.
the peace as well as to the prosperity of the Common-
wealth. While we were a part of the british empire we
necessarily acquired a habit of fixing our attention upon
Taxes levied from Polls & Estates to supply the Treas-
ury this we were then, from the peculiarity of our situ-
ation, compelled to, but I earnestly recommend it to your
consideration, whether, that, as the wealth & power of
the State must depend upon the cultivation of the Soil,
& the encouragement of the useful arts, it has not become
our duty to lessen, as far as we possibly can, the taxes
upon Polls & Estates, & to raise the necessary supplies,
in a great measure, by imposts on foreign goods, by
Excises on luxuries imported, & by Taxes on those su-
perfluities which can never be an advantage to the Com-
munity, unless it be by producing funds to support the
public burdens.

In consequence of an Act made in October 1786, a Mint

1787. — Governor's Messages, Etc. 995

has been erected for coining Cents, & a very considerable
amount of copper coin will soon be ready for circulation.
I wish your attention to the subject, & that a law may be
made to prevent the daily frauds & impositions arising
from the circulation of foreign copper coin in this Com-
monwealth.

I have not gone minutely into all the communications
which are necessary to be made, but shall by particular
messages make such as may be for the publick interest ;
& shall be very ready to unite with you in all measures
tending to a proper regulation of our Finances, the pro-
moting of virtue & knowledge, to the establishing of good
order & government, securing the liberties & increasing
the happiness of the United States in general, & those of
this Commonwealth in particular.

JOHN HANCOCK.

Council Chamber, October 17, 1787.

[This message was printed in previous editions at end of October Session, 1787.]

Gentlemen of the Senate and Gentlemen of the House of
Representatives ,

By the post last Evening, I received a Letter from Mr.
Secretary Thomson, dated the 18= inst, inclosing an Act
of the United States in Congress Assembled, touching the
grant of favors to foreign Nations, & a requisition for the
year 1787 : also an Act for keeping up a body of seven
hundred troops, which the Secretary will lay before you.

The Letter from the Board of Treasury mentioned by
Mr. Thomson is not yet come to hand.

JOHN HANCOCK.

Council Chamber, October 26, 1787.

[This message was printed in previous editions at end of October Session, 1787.]

Gentlemen of the Senate and Gentlemen of the House of
Representatives,

I have just received the report of the Agents on the
part of Massachusetts, appointed to attend the Com-
missioners of the United States in runing the line of
Jurisdiction between this Commonwealth and the State of
New York, which the Secretary will lay before you, for
your information.

JOHN HANCOCK.

Council Chamber, November 8, 1787.

996 1787. — Governor's Messages, Etc.

[February Session, 1787.]

Wednesday the 27th February, His Excellency the
Governour went to the State-House, where, in presence
of the two Branches of the Legislature, who had met
in the Representatives Chamber for the purpose, he
addressed them in a Speech, as follows :

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

The Letters which I have received in the recess, the
Secretary will lay before you, they are not of such im-
portance, as to claim any particular notice from me at
this time.

The adjournment of the General Court, for the space of
one week, became necessary, in order to give the Mem-
bers, who were also Members of the late Convention, an
opportunity of returning home before the meeting of the
Legislature. I could have wished that the Proclamation
of adjournment had been of an earlier date, but the Session
of the Convention, by the importance of the business
before that Body, was protracted beyond what was ex-
pected. I flatter myself that this will be satisfactory, as
well to those of you, Gentlemen, who having not heard
of the adjournment, have been some days waiting in Town,
as to those who may be apprehensive that the business of
the present Session will demand a longer time, than can
be conveniently afforded at this Season of the year.

I have nothing of more importance at this time, to
recommend to your deliberation, than the Lands of the
Commonwealth. It is scarcely necessary to remark that
this State, from its particular situation, as well as from
the noble ardor of its citizens in defence of their liberties
& independence, hath accumulated a very heavy debt ;
the interest of which arises to Ninety thousand pounds
annually ; this consideration alone, Gentlemen, should
induce us by every possible exertion consistent with the
peace of the Commonwealth, to diminish the principal.
In order to do this, the great quantities of unappropriated
territory both in the eastern part of the Government, as
well as the immense tract lately ceded to us by the State
of New York, afford ample resources, if wisely & expe-
ditiously improved by that spirit of uuanimity & discern-

1787. — Governor's Messages, Etc. 997

merit which I flatter myself will always distinguish your
conduct, when the interest of the people is so deeply &
essentially engaged in the result of your deliberations.

I am sorry that my duty urges me to mention to you
the necessity of a small tax, but the Treasury is so far
exhausted, that the business of the Government must
cease its progress unless a Tax is granted.

Since the last Session, Luke Day, one of those persons
for whose arrest a bounty was offered in consequence of
an act of the Legislature, has been taken by some of the
Citizens of JSfeio Hampshire, to whom one hundred pounds
has been paid, upon their delivering him into the Custody
of the Sheriff of the County of Suffolk. Could the late
unhappy commotions be thrown into oblivion, consistently
with the honor of Government, & the safety of the people,
I persuade myself it would give satisfaction.

In the beginning of your last Session, I laid before you
the Constitution & Frame of Government for the United
States of America, agreed upon by the late General Con-
vention, and transmitted to me by Congress. As the
System was to be submitted to the people, & to be decided
upon by their Delegates in Convention, I forbore to make
any remarks upon it. The Convention which you ap-
pointed to deliberate upon that important subject, have
concluded their Session, after having adopted & ratified
the proposed plan, according to their resolution, a copy
whereof, I have directed the Secretary to lay before you.

The obvious imbecility of the Confederation of the
United States, has too long given pain to our friends, &
pleasure to our enemies ; but the forming a new System
of Government, for so numerous a people, of very
different views, & habits, spread upon such a vast extent
of Territory, containing such a great variety of Soils, &
under such extremes of climate, was a task, which nothing
less than the dreadful apprehension of losing our national
existence, could have compelled the people to undertake.

We can be known to the World, only under the
appellation of the United States ; if we are robbed of the
idea of our Union, we immediately become seperate
nations, independent of each other, & no less liable to the
depredations of foreign powers, than to Wars & bloody
contentions amongst ourselves. To pretend to exist as a
nation without possessing those powers of Coerce, which
are necessarily incident to the national Character, would

998 1787. — Governor's Messages, Etc.

prove a fatal solecism in politicks. The objects of the
proposed Constitution, are defence against external ene-
mies, & the promotion of tranquility & happiness amongst
the States. Whether it is well calculated for those im-
portant purposes, has been the subject of extensive &
learned discussion in the Convention which you appointed.
I believe there was never a Body of men assembled, with
greater purity of intention, or with higher zeal for the
public interest. And although when the momentous
Question was decided, there was a greater division than
some expected, yet there appeared a Candor, & a spirit
of Conciliation, in the Minority, which did them great
honor, & afforded an happy presage of unanimity amongst
the people at large. Tho' so many of the Members of the
late Convention could not feel themselves convinced that
they ought to vote for the ratification of this System, yet
their opposition was conducted with a candid & manly
firmness, & with such marks of integrity & real regard to
the publick interest, as did them the highest honor, &
leaves no reason to suppose that the peace, & good order
of the Government is not their object.

The amendments proposed by the Convention, are
intended to obtain a Constitutional security of the princi-
ples to which they refer themselves, & must meet the
wishes of all the States. I feel myself assured, that they
will very early become a part of the Constitution, & when
they shall be added to the proposed plan, I shall consider
it as the most perfect System of Government, as to the
objects it embraces, that has been known amongst man-
kind.

Gentlemen ,

As that Being, in whose hands is the government of
all the Nations of the Earth, & who putteth down one, &
raiseth up another according to His Sovereign Pleasure,
has given to the people of these States, a rich & an exten-
sive Country ; has in a marvellous manner, given them a
name & a standing among: the Nations of the World has
blessed them with external peace, & internal tranquility ;
I hope & pray, that the gratitude of their hearts may be
expressed by a proper use of those inestimable blessings,
by the greatest exertions of patriotism, by forming & sup-
porting institutions for cultivating the human understand-
ing, & for the greatest progress of the Arts and Sciences,

1787. — Governor's Messages, Etc. 999

by establishing Laws for the support of Piety, Religion,
& Morality, as Avell as for punishing vice & wickedness,
& by exhibiting on the great Theatre of the World, those
social, public and private virtues, which give more Dignity
to a people, possessing their own Sovereignty, than Crowns
and Diadems afford to Sovereign Princes.

Every matter of a public nature, which may occur
worthy of your notice, shall be communicated by Mes-
sage, & in every concern tending to promote the publick
welfare, I shall be happy to concur with you, & be ready
at all times, to give every possible dispatch to the business
that may come before you.

JOHN HANCOCK.

Council Chamber, February 27, 1788.

Chapter 35. Chap. 35

[February Session, ch. 35, 1787.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

The Secretary Avill lay before you a letter which I re-
ceived from the Honorable Benjamin Lincoln, esqr. with
a Memorandum to which it refers for some facts ; & also
another Letter from John Lee, of Penobscot; a Gentleman
mentioned in Geni Lincoln's Letter.

By these Letters it appears that the line of property
between the Commonwealth's land, & those of the Penob-
scot tribe of indians, is not formally settled, & that a
difficulty & dissention may take place unless some further
attention is paid to that affair.

By the same Letters & by papers remaining in the
Clerk's office of the Supreme Judicial Court it appears,
that Andrew Oilman, Archibald McPhetres & James
Page, have been committed upon suspicion of having
murdered Peeal, an indian of that Tribe, but no Evidence
appearing against them, they were enlarged on recog-
nizance to appear at the next term : least there should be
a failure in the prosecution I have by advice of Council
requested Joseph Hibbert & Charles Jay, esq'rs, two
Justices of the peace near the place where the unhappy
affair is said to have been transacted, to convene before
them & to recognize such witnesses as may be had, And
have also requested them to give that Tribe of indians,

1000 1787. — Governor's Messages, Etc.

notice when the Trial will take place, that such of them
may attend as shall choose to be there. I have also given
the Attorney General notice of these measures, & urged
his attention to the business as a matter on which the peace
& safety of some part of the County of Lincoln, may
very much depend.

This is all that lays within my department in this busi-
ness, but I conceive it to be my duty, Gentlemen, to
request your attention to it as a matter that is of great
consequence to the Commonwealth, for though perhaps a
very small force may subdue or extirpate that Tribe of
natives, if they should commence hostilities, yet the effect-
ing it, would be more expensive & troublesome, than the
compleating a Treaty respecting their Lands, can be. I
need not observe, that it is much more consistent with
humanity to conciliate their affections than to subdue them
by force.

JOHN HANCOCK.

Council Chamber, March 17, 1788.
Chap. 49 Chapter 49.

[February Session, ch. 49, 1787.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives.

The Secretary will lay before you, a Letter, which I
received last evening from Governor Clinton, with sundry
Inclosures, respecting our Western Lands. I have taken
the earliest opportunity of communicating them to you ;
as I have understood the subject of them, is now under
your consideration, and as they are very important, I
have not retained the Papers, to make any observations
upon them, but earnestly recommend them to your serious
attention.

JOHN HANCOCK.

Council Chamber, March 20, 1788.
Chap. 50 Chapter 50.

[February Session, ch. 50, 1787.]

Gentlemen of the Senate, and Gentlemen of the House of

Representatives.

The Secretary has laid before me, a Resolve, granting
to Capt. Benjamin Heywood, the sum of One hundred

1787. — Governor's Messages, Etc. 1001

& Tiventy Pounds, in full compensation for services by
him performed. I conclude the General Court did not
recollect, that a resolve passed, & a warrant was drawn
by me, for the same sum, & for the same services, on the
second day of March, lfS7. I have therefore sent by the
Secretary, the Petition & Resolve passed this day, in
order that they may be cancelled.

JOHN HANCOCK.

Council Chamber, March 20, 1788.

INDEX.

Page

Aaron, Joseph, Indian, resolve on the petition of 681, 737

Absentees' estates, committee for the sale of, county of Berkshire,

to execute quit claim 817"

committee for the sale of, county of Worcester, to execute

deed 752

committee for the sale of, county of Plymouth, relating to . 353
committee on, county of Bristol, may pay securities into

treasury 367

committee on, county of Suffolk, to sell house and land at

auction 418

committee on, county of Worcester, to sell land . . . 318

Academy, American, of Arts and Sciences, allowance to . . . 467

Academy, Phillips, to be exempt from taxation 509

Accounts for ammunition, quartermaster general to settle . 786, 808
Accounts and books of Thomas Ivers, late treasurer, to be ex-
amined 797

Accounts, time for returning, extended 756

Accounts of commissary and quartermaster generals, for supplying

troops under General Lincoln, relating to ... 527

Accounts, committee on, to audit accounts of John Allan . . 861

allowance to 514, 544, 703, 723, 888

to examine accounts of committee on unappropriated lands . 877

report on roll number one, accepted 407

report on roll number two, accepted 422

report on roll number three, accepted 490

report on roll number four, accepted 504

report on roll number five, accepted 505

report on roll number six, accepted 550

report on roll number seven, accepted 708

report on roll number eight, accepted 728

report on roll number nine, accepted ..... 774

report on roll number ten, accepted 822

report on roll number eleven, accepted 884

treasurer to pay accounts allowed by 820'

1006 Index.

Page

Accounts, committee for methodizing, to adjust claims of Common-
wealth against United States 796

allowance to 765

to call on all persons having charge of public stores or

money, and also on the selectmen of towns for vouchers . 732

pay established 732

to prepare claims against the United States . . . .681
to prepare statement of money advanced for raising federal

troops 673

relating to 787

Accounts of persons who furnished supplies, etc., to the army em-
ployed in suppressing the rebellion, rates established for

settling 537

Accounts of quartermaster and commissary generals, governor's

message relative to 983

Accounts of treasurer for county of Barnstable, allowed . • . 754

for county of Bristol, allowed . . . . . . . 785

for county of Middlesex, allowed 444

for county of Plymouth, allowed 481

for county of York, allowed 456, 477, 784

Ackley, John, resolve on the petition of ..... 279

Actions, civil, privilege of review in 200

personal, limitation of 168

real, limitation of 29

Adams, town of, allowed further time for discharge of arrears in taxes 883

Adams and Nourse, acts and resolves to be printed by 726

printers to general court, pay established .... 289

relating to ". . 733,757,800,804

Adams, Benjamin, resolve on the petition of 687

Enoch, resolve on the petition of 854

Dr. Joseph, absentee, relating to 781

Joseph, resolve on the petition of 781

Love, relating to 781

Mr., relating to . . .■ 944

Samuel, member of committee .... 365, 368, 428, 542
Samuel, president of senate, pay established . . 706, 784, 861

Samuel, relating to estate of 687

Address of general court in answer to speech of governor relative

to restoration of peace ........ 542

to governor relative to rebellion 426

to governor relative to removal from office of Ephraim Fitch

and John Hurlbut 715

to governor relative to removal from office of Lieut. Col.

Joshua Farrington 827

to governor relative to removal from office of certain persons, 479

relative to governor's salary ....... 701

to the people . . " 142

Index.

1007

Page

Address of James Bowdoiu 271

Address of Thomas dishing 271

Adjutant-general to procure blank warrants for sergeants . . 670
Administrators and executors to make sale of real estate of de-
ceased persons in certain cases 13

African slave trade, act to prevent 615

Agawam or Westfleld river, protection of fish in . . . . 17

relative to catching fish in 618

Agents to ascertain boundary line between Commonwealth and state

of New York, appointed 18

Agents of Commonwealth and state of New York, secretary to

record agreement entered into by 794

Agents for determining value of certain notes, discharged . . 382
Agents for running boundary line between this state and New York,

governor's message relative to report of ... 995
Agents to settle claims of Commonwealth to territory west of Hud-
son's river, to -agree with commissioners from New York . 53
Agents to settle controversy between this state and New York, gov-
ernor's message relative to letter from 956

Agents to settle controversy between this state and New York to

receive sum of money ........ 394

Agents, regimental, Massachusetts line, relating to . . . . 373

Agreement by commissioners appointed to settle controversy between
Commonwealth and New York, relative to lands west of

Hudson's river 460

Agreement entered into by agents of Commonwealth and state of

New York, secretary to record 794

Alby, William, relating to 869

Alexander, James, and Robert Morris, naturalized .... 5

Allan, John, superintendent of Indians, resolve on the petition of . 860

John, township number twelve granted to, conditionally . 869

Alliance, frigate, relating to 355

Allen, Ichabod, relating to 282

James, relating to 335

John, relating to ......... 480

Joseph, relating to 574

Nathaniel Coit, allowance to 473

Samuel, relating to 574

Solomon, resolve on the petition of 767

Almy, Christopher, relating to 879

Job, relating to farm of 561

Almsbury, town of, tax abated 797

American Academy of Arts and Sciences, allowance to 467

Ames, Fisher, resolve on the petition of 877

Moses, resolve on the petition of 894

Amherst, town of, First Parish in, to show cause .... 898
Ammunition, quartermaster general to settle accounts for . 786, 808

1008

Index.

Amory, John, relating to ...

John, and others, naturalized .

Jonathan, relating to .
Andrews, Amos, resolve on the petition of

Benjamin, relating to

John, relating to ....

Samuel, relative to land of
Androscogin river, relating to Uppermost Great Falls in
Annapolis, commissioners to convention at, allowance to

instructed as to specie imports ....
Annapolis, governor's message relative to convention at

relating to vacancies in commission, to attend convention at

Appleton, Nathaniel, relating to

Apthorp, James, relating to

Arithmetic, Nicholas Pike's system of, exempted from duties

Armstrong, Samuel, allowance to

Army notes, constables and collectors to receive, in payment o

taxes

Army notes and certificates, treasurer to receive in payment of tax
Army notes and indents, to be received by constables and collectors

in payment of taxes ....
Arsenal at Springfield, relating to defence of

governor's message relative to .
Articles of confederation, relating to .

governor's message relative to .
Artillery companies, governor's message relative to
Artillery pay established

officers of, pay established
Arts and Sciences, American Academy of, allowance
Ashley, John, Jr., resolve on the petition of

Moses, land granted to ... .
Aspinwall, Caleb, relating to ... .
Assessors of Lebanon, to assess lands for ministerial char

of Eoxbury, treasurer to suspend executions against

of Shutesbury, to assess a certain part of town of Wendell

of Sylvester, to assess taxes

of Windsor, assessments ratified

Atherton, Israel, resolve on the petition of ....

Peter, relating to estate of

Athol and Templeton, part of, incorporated as the town of Gerry
Athol, town of, to be assessed

Ebenezer Knight, Jacob Stevens and Isaac Knight, set oft' to

Attorneys' fees, etc., established

Attorney-general, allowance to

pay established

provision for payment of

Auchmuty, Robert, absentee, relating to estate of

Page
568
241
568
764
574
568
198, 457
496

304
320
974
312
785
946
536
473

751

822

730
430, 671
975
484, 517
975
915
458
494
467
362
759
606
223
791
570
278
285
363
363
74
833
831
232
468
257'
847
856

Index.

1009

Auctioneers, revenue arising from, to be used for payment of loan
Austin, Benjamin, Jr., member of committee, appointed
Averell, Ezekiel, soldier, resolve on the petition of
Avery, James, member of committee .

James, relating to

John, Jr., secretary, allowance to
Ayer, Elijah, relating to

750
827
296

291
869
470
870

Bacon, John, relating to

Badger, Henry, member of committee, appointed
Badlam, Colonel, relating to ....

Colonel, relating to regiment of

Bagg, Roger, relating to

Bagley, Abner, relating to

John, relating to

Bailey, Capt. John, resolve on the petition of .

John, resolve on the petition of
Baker, John, relating to

Samuel, relating to

Samuel, to sell land

Thomas, relative to land of
Bakerstown, plantation of, resolve on the petition of
Baker's Town, relating to boundaries of . .
Baldwin, Samuel, and others, resolve on the petition
Ball, Isaac, Jr., relating to

Peter, resolve on the petition of
Ballard, William Hudson, resolve on the petition of
Bancroft, Rev. Aaron, relating to

Ebenezer, and others, resolve on the petition

Bangs, Edward, relating to

Banister, Christopher, resolve on the petition of
Bank, Massachusetts, treasurer to borrow money frc

treasurer to repay money borrowed of

treasurer to repay money borrowed and to
loan from ....
Banks, Moses, relative to land of
Bark, Light Horse, relating to .
Barnard, John, relating to .

Lemuel, relating to, .

Samuel, Jr., and others, tolls granted to

Samuel, soldier, allowance to .
Barnes, Henry, absentee, relating to estate of
Barnstable county, courts holden in, adjourned

supreme judicial court for, adjourned

tax granted

secure further

362, 514
870
988
764
899
606
606
280
353
606
279
336
198
727
799
285
75
813
832
573
757
574
688
446
719

716
198
825
574
893
63
536
437
431
196
754

1010 Index.

Page

Barr, Alexander, relating to 606

Eobert and Alexander, allowance to, for completing machines 396
Eobert and Alexander, granted six lottery tickets as gratuity

for building machines 545

Robert and Alexander, relative to machines under construc-
tion by 498

Barre, town of, fine abated 685

to revive suit against town of Southboro .... 756

Barret, James, resolve on the petition of 828

Joseph, Jr. , relating to ........ 566

Barrett, Amos, notified to show cause 401

Samuel, relating to 811

Barry, John, relating to ........ . 355

Bartlet, John Herd, relating to 828

Bartlett, Enoch, and others, resolve on the petition of, declared null

and void 343

George, allowance to 537

"William, relating to 577

William, resolve on the petition of 539

Bath, town of, to be assessed 803

Bazin, Abraham, naturalized 579

Bean, Joseph, relative to land of 198

Beaver skins, relating to ........ 366

Beef and pork, clause in act regulating the exportation of, repealed 576

weight of barrel, regulated 575

Beeman, Abraham, relating to 606

Belcher, Sarson, resolve on the petition of ..... 779
Belchertown and Greenwich, resolve on the petition of the inhabit-
ants of 372

Belchertown, town of, part of, to be included in town of Greenwich 556

Belfast, town of, resolve on the petition of 388

Belinda, African, allowance to 816

Bell, William, and others, may sell lands 77

Bellamy, Abner, soldier, allowance to 771

Bement, Asa, land granted to 759

Asa, Jr., land granted to 759

Bemis, Josiah, resolve on the petition of 398

Josiah, Jr., resolve on the petition of 483

Benson, Egbert, relating to 460

Joshua, relating to ... • 311
Sarah, resolve on the petition of . . . . . .311

Berkshire county, adjournment of courts of common pleas for . 391
committee for the sale of absentees' estates in, to execute

quit claim 817

persons confined for treason in, may be admitted to bail . 456

provision for election of grand jurors in 770

secretary to publish in certain newspapers acts, etc., re-
lating to 694

Index.

1011

Page

Berkshire county, sheriff of, treasurer to suspend issuing execution
acrainst

supreme judicial court in, time and place for holding

troops to be stationed in .

unappropriated lands in, relating to
Berlin, district of, to pay proportion of expense for support of

of town of Bolton
Bethune, George, relating to estate of

George, relative to will of

Mary, resolve on the petition of

Nathaniel, resolve on the petition of
Beverly and Salem, certain persons incorporated to build bridge

between

Bickford, Mr., member of committee
Bicknall, Zachariah, relating to .
Biddeford, town of, tax abated .

selectmen of, to make warrant .
Bigelow, Daniel, resolve on the petition of

David, relating to

Timothy, relating to .
Bill of lading not signed by naval officer, to be null and void
Billings, George, member of committee

Joseph, resolve on the petition of
Bills of lading, etc., provision for enforcing payment of duties on
Bingham, Anna, land granted to .
Bisco, John, resolve on the petition of
Bishop, Elkanah, land granted to

Nathaniel, land granted to
Birch, William, absentee, relating to estate
Bird, Lieut. William, relating to .
Black Prince, ship, allowance for loss of
Blair, Robert, resolve on the petition of
Blake, Ellis Gray, relating to
Blanchard, Aaron, relating to

Lemuel, resolve on the petition of
Blanford, town of, tax abated
Blin, Elisha, land granted to
Board of treasury, governor's message relative to letter from

governor's message relative to statement of
Bodman, William, member of committee, appointed

William, resolve on the petition of .
Bolton, town of, relating to support of poor in .

Bond, William, relating to

Bond, form of, to be given by treasurer and receiver general
Bonds on goods exported to other states, to be cancelled .
Bonds, probate, addition to act regulating proceedings on, and
form of

. 772

194, 390

. 677

299

poor

. 620
. 856
272
272, 856
272, 856

582
428
314
297
357
299
574
574
619
291
302
62
759
470
759
760
739
946
786
298
574
738
812
298
759
958, 989
972
671
387
620
606
525
839

610

1012

Index.

Page

Bonds, proceedings on, and form of, regulated 173

Bonney, Benjamin, resolve on the petition of 688

Books, allowance for purchase of, for Housatonuck Indians . . 361
Books for Housatonack Indians, governor's message relative to . 940

Boott, Frances, naturalized 579

Kirk, naturalized 579

Mary, naturalized . 579

Boston, delegates to be chosen for convention at state house . . 740
naval officer for the port of, allowance to .... 499
naval officer for the port of, pay established .... 739
Boston newspapers, secretary to publish resolve in . . . . 800
Boston, title to certain lands confirmed to Second church in . 76

Boston, town of, resolve on the petition of the selectmen of . 355, 523

Boston and Roxbury boundary line, confirmed 260

Boundary line between Boston and Roxbury, confirmed . . . 260
Boundary line, eastern, between this state and New York, commis-
sioners on, to be notified of postponement of meeting . 333
governor's message relative to commissioners on . . .919
Boundary line between this state and New York, governor's message

relative to commissioners on 984, 989

Bounty allowed for return of prisoners to Castle island

on government securities discontinued

due Ezekiel Hallet, relating to .

to be given to all who enlist

on hemp, relating to .

on hemp, duck, etc., granted

on oil to be discontinued .
Bowditch, Jonathan, relating to .
Bowdoiu, town of, incorporated .
Bowdoin, Governor, resolve for paying salary ol

James, address of ... .

Mr., member of committee, appointed
Bowdoinham, town of, relating to

tax abated ......

Patten's point set off from
Bowers, Jerathmeel, to appear and show cause

Jerathmeel, relating to
Bowes, William, absentee, relating to estate of
Bowker, Joseph, relating to
Boyd, James, relating to ... .

Joseph, allowance to, for oxen .

Joseph, resolve on the petition of
Boyer, Peter, allowance to .

Peter, member of committee

Peter, resolve on the memorial of
Bradbury, Wimand, relating to .

Wymond, relating to . .

302
338
368
433
382
880
800
309
614
539
271
489
809
291
654
334
371
531
802
385
421
707, 780
765
443
732
606
566

Index.

1013

Bradford, Samuel, and others, resolve on the petition of
Bradish, John, resolve on the petition of
Bradley, Asa, land granted to

Elisha, land granted to

Josiah, land granted to
Bradshaw, Henry, relating to
Brasee, John, resolve on the petition of
Brattle, William, absentee, relating to
Brazer, Samuel, relating to .
Brazier, Moses, relating to .
Breck, Mr., member of committee, appointed .

Samuel, relating to

Brewster, Jonathan, member of committee, appointed
Briant, Jonathan, resolve on the petition of
Bridge, Edmund, resolve on the petition of

Francis, resolve on the petition of .

Matthew, resolve on the petition of . . f

Samuel, relating to

Bridge between Salem and Beverly, certain persons incorporated to
build

over Charles river in Dedham, relating to

over Charles river to be rebuilt ....

over Deerfleld river, permission to build .

Maiden, proprietors of, incorporated
Bridges and private ways to be kept in repair .
Bridgeton, plantation of, to choose assessors
Bridgham, John, and others, resolve on the petition of
Brigantine Harmony, relating to .

Brigantiue Nancy, relating to

Briggs, Seth, guardian of Plymouth Indians, appointed
Brigham, Joel, relating to

Joel, to show cause

William, resolve on the petition of . ' .
Brigs, Seth, guardian of Plymouth Indians
Brimmer, Andrew, may enter action against James Swan

Martin, resolve on the petition of
Brinley, Edward, resolve on the petition of
Bristol county, committee on absentees' estates in, may pay securi
ties into treasury

courts holdeu in, adjourned ....

preservation of fish in certain rivers in .

tax granted

Bristol, town of, resolve on the petition of the selectmen

treasurer to credit, with sum of money .

Broad, Aaron, relating to

Brooks, Eleazer, allowance to

Eleazer, resolve on the petition of .

Page
360
305
760
760
760
288
285
273
574
606

542, 827
568
671
828
828

547, 842
722
574

582
693, 770
482
63
216
572
454
799
539
532
840
712
672
840
842
791
363
748

367
418
602
785
704
780
472
855
307

1014

Index.

the petition of

Brooks, Daniel, relating to estate of .

•General, relating to letter from

John, allowance to

John, manager of lottery .

Major General, relating to .

Mr., member of committee
Brown, Aaron, resolve on the petition of

Abigal, resolve on the petition of

Andrew, Grafton Indian, resolve on

Beulah, land granted to

David, relating to

Elijah, land granted to

Enoch, relating to estate of

John, allowance to

John, land granted to

Col. John, relating to estate of

Jonathan, resolve \5n the petition of

Samuel, and others, purchase of land by, confirmed

Samuel, and others, resolve on the petition of

Samuel, relating to .....

Samuel, relating to purchase of land to be made by

Samuel, Jr., land granted to

Stephen, land granted to .

Thomas, resolve on the petition of .

Timothy, relating to .

William, absentee, relating to .

William, relating to .

William, land granted to .
Brownfleld, plantation of, to choose assessors
Brunswick Great Falls, relating to
Bryan, Bartholemy, relating to .

Davis, relating to ...

John, relating to ....

Buck, Jonathan, member of committee
Buckland, town of, to pay fine .

tax abated ......

Buckmau, Benjamin, relating to .

Buffington's, Capt. Samuel, pay-roll of, company of ca\
examined .....

Burges, Benjamin, resolve on the petition of
Burnam, Aaron, resolve on the petition of .

Francis, allowed three months to settle his accounts

Job, relating to estate of .

John, resolve on the petition of
Burnap, Isaac, resolve on the petition of .
Burnee, Fortune, resolve on the petition of
Burr, Jonathan, relating to .

Page
307
956
493
100
913

365, 428
535
309
283
760

284, 305
759
309
442
760
731
288
758

370, 477
421
670
760
760

810
768
606
759
454
496
870
870
870
291
773
696
566

airy,

to be

539

688

690, 767

S13

690, 767

. 819

. 788

. 807

Index.

1015

Burroughs, Mr., to appear and show cause
Bush, Joseph, resolve on the petition of

Jotham, resolve on the petition of .

Jotham, resolve in favor of, suspended
Butman, Benjamin, relating to .
Buxton, town of, resolve on the petition of

tax abated

Page
. 815
. 301
704, 745
. 727
. 574
. 699
. 297

Cabot, George, commissioner, appointed ....

George, relating to

John, relating to

Cadet companies, governor to commission officers to
Cadets, independent company of, rank of officers determined
Cadillac, De la Motte, relating to

La Motte, relating to
Cagnahew, Israel, Indian, relating to estate of
Calf skins, exportation of green, relating to
Cambden, township of, relating to

Cambridge, committee of First Parish in, resolve on the petition of
Cambridge university, students preparing to enter, excused from

military duty

Cammet, Thomas, relating to

Campbell, Lieut. "William, to be paid sum of money for service
Canaan, relating to incorporation of

plantations numbers 1, 3, 4, 5, 6 and 22 of, to choose assessors
Canaan and Hancock, plantations of, resolve on the petitions of
Cannon at Dorchester Neck, governor's message relative to
Cannon, commissary-general to purchase .

unserviceable, relating to .
Cape Cod, harbor of, allowance for viewing

preservation of harbor of .
Capen, Joseph, to collect assessments

Lemuel, sentence of court-martial against, reversed
Captain of Castle William, fee to be paid to
Card wire, duty on, to cease
Cargill, James, soldier, resolve on the petition o
Carleton, Sir Guy, relating to
Carlisle, district of, part of, to be assessed
Carmathan, marquis of, relating to
Carnes, John, allowance to .

John, resolve on the petition of
Carter, Benjamin, Jr., resolve on the petition of

Timothy, relating to .
Cary, Eliphalet, resolve on the petition of .
Castle, captain of, to make return of unserviceable cannon

514, 544, 723,

286
583
583
337
360
714
951
275
658
862
673

476
606
380
815
454
388
946
18, 372
393
353
26
288
845
237
841
841
945
846
945

471

347
347
720
393

1016 Index.

Page

Castle island, bounty allowed for return of prisoners to . . . 302

captain of castle on, to make return of unserviceable cannon, 393

commissary -general to furnish clothing and pay to invalids on, 708

commissary-general to make repairs at 320

Gardner Gi'ay sentenced to 413

garrison at, to be strengthened 405

governor requested to order pensioners to ... 338

pensioners doing duty on, relating to 447

relating to garrison at 766

resolve on the petition of soldiers at 670

Castle "William, fee to be paid to captain of 237

pay allowed pensioners at 796

Caswell, Governor, governor's message relative to letter from . . 974
Cavalry, compensation for use of horses by persons employed as . 533

pay established 458

pay-roll of Capt. Samuel Buffinton's, to be examined . . 539
Certificate, form of, to be given to keeper of jail, relative to debtor's

oath 591

given to certain offenders against the constitution . . . 529
Certificates for interest on federal debt, relating to . . . .351
for pay due officers and soldiers, relating to . . . 373

for interest on federal debt, time extended for receiving, 392, 522
secretary to give, of payment of beef tax .... 790

treasurers', to be received for taxes 295

Certificates and army notes, treasurer to receive in payment of

taxes 822

Chadbourn, Joseph, resolve on the petition of 358

Chadwick, David, relating to 574

Chaloner, John, resolve on the petition of 474, 670

Chamberlain, Enoch, released from ministerial taxes . . . 672

Jason, released from ministerial taxes 672

William, released from ministerial taxes 672

Champney, Ebenezer, relating to 787

Chandler, Charles, and others, resolve on the petition of . . 278, 292

Charles, relating to 674

Clark, relating to 574

Elizabeth, relating to 278, 292

John, relating to estate of 278, 292

Lucretia, relating to 278, 292

Samuel, relating to 278, 292, 574

Thomas, relating to 278, 292

"Winthrop, relating to 574

Chapin, Eli, relating to 574

Chapman, John, land granted to 760

Chaplain of general court, Eev. Peter Thacher, allowance to . . 890

Charles river, bridge over, in Dedham, relating to 693, 770

bridge over, to be rebuilt 482

Index.

1017

Charlton, town of, Congregational parish in, relating to .
Charter party, not signed by naval officer, to be null and void
Charter parties, etc., provision for enforcing payment of duties

Chase, Francis, relating to

Cheney, Josiah, resolve on the petition of .

Cherokee Indians, governor's message relative to treaty with

Chester, town of, fine abated

Chesterfield, town of, execution against, discharged .

Chever, Joseph Mann, relating to

Chickasaw Indians, governor's message relative to treaty with
Child, Mary, resolve on the petition of ...

Thomas, relating to estate of

Choctaw Indians, governor's message relative to treaty with
Civil actions, forms of writs in

privilege of review in

Civil causes, determination of, by referees ....

forms of writs in

Civil lists

Clafiin, John, released from ministerial taxes

Claims against estate of Peter Atherton ....

to estate of Peter Oliver and Peter Oliver, Jr., relating

of Commonwealth against United States to be adjusted

territorial, on St. Croix river, relating to

Clap, Daniel, relating to

Clark, Caleb, to issue warrant

Rev. John, relating to

Capt. Matthew, admitted to bail

Mr., member of committee, appointed

Nahum, released from ministerial taxes .
Clarke, Hobart, resolve on the petition of .

Thomas, resolve on the petition of .
Clerk of common pleas, fees established .

of court of general sessions for county of Worcester, to
licenses

of the house of representatives, allowance to '.

of the senate, allowance to ...

of supreme judicial court, allowance to .

in treasurer's office, to be discharged
Clerks of committee for auditing accounts, allowance to

of courts, to give bonds .....

of judicial courts, to account for fees

of the sessions, fees established

in secretary's office, allowance to

in secretary's office, provision made for payment of

in treasurer's office, allowance to

in treasurer's and secretary's office, allowance to

in supreme judicial court, fees established

265

749

grant

Page
69
619
62
606
752
920
352
688
455
920
828
828
920
106
200
55
105
663
672
363
363
796
341
574
557
586
439
489
672
311
791
230

807
807

335

, 890
, 890
795
732
864
180
301
231
864
727
, 864
481
231

1018 Index.

Clerks, treasurer to borrow money to pay 743

Cleveland, William, governor's message relative to resignation of . 943

Clinton, Governor, governor's message relative to letter from . 975, 1000

Cobb, Daniel, relating to 606

Major general, governor's message relative to letter to . . 947

Major general, relating to 914, 953

Codman, John, Jr., resolve on the petition of 304

Coffin, Josiah, resolve on the petition of 509

Lemuel, soldier, allowance to 865

Coin, gold and silver, counterfeiting, or uttering counterfeit, relat-
ing to 33

Coinage of gold, silver, etc., mint established for .... 71

Colburn, Jeremiah, soldier, resolve on the petition of 488

Reuben, resolve on the petition of 332

Cole, Peter, relating to 836

Coleman, Dudley, land granted to 760

Collector of impost and excise for Suffolk county, to deliver hats to

Joseph Greenough 734

Collectors and constables to receive army notes in payment of

taxes 751

and constables to receive army notes and indents, in payment

of taxes 730

and sheriffs may pay officers and soldiers of regiments sta-
tioned in Worcester, Hampshire and Berkshire counties . 547
to exert themselves to collect specie tax ..... 440
to receive payment of duties in treasurers' orders . . . 479

to be released from confinement 809

treasurer to issue orders on, in favor of members of general

court 713

Collectors of excise and impost, duties continued .... 408

oath to be taken by 718

to settle accounts with, and make return to comptroller general 703
Collectors of rates and taxes, powers of, in cases of absconders,

defined 618

of taxes, orders drawn by treasurer on 397

of taxes, treasurer to receive sums clue from, Avithout obliging

them to take oath 872

of town of Shutesbury, to assess a certain part of town of

Wendell 570

of town of Marblehead, relating to 378

to be chosen by town of Groton ...... 436

College, students preparing to enter any, exempt from military duty 476

Collins, Abigail, relating to 686

Colt, Benjamin, relative to will of 683

Daniel, relating to 683

Lucretia, resolve on the petition of . . . . . . 683

Commerce, governor's message relative to regulation of . . 917, 955

Index.

1019

342.

Commerce and navigation, act regulating, suspended
Commissary and quartermaster generals' departments, relating to
Commissary general, additional allowance to, for purchase of

blankets, etc., for Penobscot Indians ....

allowance to

allowance to, for expenses of his department .
allowance to, for expense incurred in suppressing rebellion
allowance to, for tinishing jail, etc., on Castle island
allowance to, for purchase of oil, provisions, etc. .
allowance to, for procuring blankets, etc., for Penobscot

Indians

allowance to, for supplies to garrison at Castle island
governor's message, relative to accounts of
relating to .........

relating to accounts for supplying troops under General Lin

coin, by ......... .

to assist in building lighthouses on Plum island

to call on selectmen of towns, to make returns of all tools

stores, etc., belonging to Commonwealth
to contract for rations for the army .....
to furnish blankets to invalids on Castle island
to furnish clothing and pay to invalids on Castle island .
to furnish provisions to committee on unappropriated land;

for county of Lincoln

to furnish vouchers to committee for methodizing accounts

to give certificate to James Lyon

to make repairs at Castle island

to pass upon accounts for supplies .....

to purchase cannon

to receive copper belonging to Commonwealth

to receive powder from selectmen of town of Marlborough

to repair state house ........

to sell cannon

to sell a certain quantity of tobacco ....

to sell storehouses in Waterbury and Sudbury .
to settle ration accounts of John Allan ....
Commissary of pensioners, John Lucas, allowance to . . 294
allowance to, for discharge of sums due pensioners at Castle

William

relating to .......... .

to certify pension received by each pensioner on Castle island
to return names of pensioners able to do garrison duty .
Commissioner to carry into execution treaty with Penobscot Indians,

relating to

to meet Penobscot Indians, instructions to ... .
Commissioners for forming commercial regulations, governor's mes-
sage relative to ........ .

318

Page
36

789

359
830
855
533
430
349

352
766
983
820

527
577

406
502
447
708

317
733
340
320
681
, 372
387
762
534
393
765
290
861
750

796
769
447
338

873

874

936

1020 Index.

Page
Commissioners on eastern boundary line between this state and New

York, allowance to 680

on eastern boundary line between this state and New York,

relating to 873

on eastern boundary line between this state and New York, to

be notified of postponement of meeting .... 333
on eastern boundary line, governor's message relative to, 919, 925
to be appointed to meet commissioners of other states at
Philadelphia, to consider trade and commerce of the United

States 448

to convention at Anuapolis, instructed as to specie imposts . 320

to convention at Annapolis, allowance to 304

to determine boundary line between Commonwealth and state

of New York, time granted 219

to proceed to western counties and promise indemnity to cer-
tain persons who have been concerned in rebellion, ap-
pointed 515

■ to promise indemnity to certain persons who have been con-
cerned in rebellion, allowance to 516

to promise pardon to certain offenders against the constitu-
tion, report of 528

to settle boundary line between this state and New York,

guards to be furnished for 673

to treat with Penobscot Indians, appointed . . . .315
to treat with Penobscot Indians, relating to . . . 873

to treat with Penobscot Indians, governor's message relative

to report of 938

trade, appointed 286

Committee for auditing accounts, clerks of, allowance to . . 864

Committee for dividing the county of Lincoln into three districts,

report of 394, 674

Committee for methodizing accounts, allowance to .... 765

relating to 732, 756, 787

to adjust claims of Commonwealth against United States . 796
to call on all persons having charge of public stores or money,

and also on the selectmen of towns, for vouchers . . 732
to prepare accounts of money advanced for raising federal

troops 673

to prepare claims against United States ..... 681

to settle with John Lowell 332

Committee for preservation of fish in rivers and streams in town of

Rehoboth, appointed 11

Committee for sale of eastern lands, to adjust claims of settlers on

Mount Desert 715

to deliver deed 870

Committee for sale of absentees' estates, county of Berkshire, to

execute quit claim . . . . . . . . .817

Index.

1021

514,

544, TOE

Committee for sale of absentees' estates, county of Essex, relating to

county of Plymouth, to return security to John Bailey, condi-
tionally

county of Worcester, to execute deed ....
Committee on absentees' estates, county of Bristol, may pay secur
ties into treasury ........

county of Suffolk, to sell house and land at auction

county of Worcester, to sell land

Committee for settling with the army, to pay widows and orphans
of deceased officers of state's line ....

Committee of finance, allowance to

Committee of First parish in Cambridge, resolve on the petition of
Committee of Phillips Academy, resolve on the petition of
Committee of sequestration, relating to
Committee on accounts, allowance to .

report of, roll number one, accepted

report of, roll number two, accepted

report of, roll number three, accepted

report of, roll number four, accepted

report of, roll number five, accepted

report of, roll number six, accepted .

report of, roll number seven, accepted

report of, roll number eight, accepted

report of, roll number nine, accepted

report of, roll number ten, accepted .

report of, roll number eleven, accepted

to audit accounts of John Allan

to examine accounts of committee on unappropriated lauds

treasurer to pay accounts allowed by
Committee on finance, allowance to
Committee on manufactures, report of
Committee on sale of lands in counties of Cumberland and Lincoln

to establish road from Penobscot river to Scooduck river
Committee on unappropriated lands, may sell land in certain counties

relating to accounts of ......

in the counties of Cumberland aud Lincoln, further power:
granted to

in the counties of Cumberland aud Lincoln, to make and exe
cute deed

in county of Lincoln, may sell land .

in county of Lincoln, to provide minister

in the county of York, appointed
Committee, report of, on governor's message relating to requisitions

report of, on governor's speech respecting finances

to ascertain value of certain land, appointed .

to be appointed to adjust accounts of committee on unappro-
priated lands ..........

25,

676

353

752

367
418
318

312

864
673
509
442

888
407
422
490
504
505
550
708
728
774
822
884
861
877
820
855
410

862
S67

877

866

854
317
341
866
453
321
790

865

1022

Index.

and

Alex

Committee to destroy bills and other securities, appointed

to examine books and accounts of late treasurer, appointed
to examine condition of certain grants, and report
to examine Fort Majorbagwaduce, appointed .
to examine machines under construction by Robert

ander Barr, appointed

to proceed to Bowdoinham, appointed

to repair to plantation of Lewistown, appointed

to repair to town of Dudley, allowance to

to repair to town of Eastham and report .

to repair to town of Hancock, appointed .

to repair to town of Hancock, to complete their business

to receive description of manufacture of potash and pearlash

appointed

to sell land in Hampshire county, appointed .

to sell land in Worcester county, appointed

to settle east line of town of Cummington, appointed .

to settle controversy between Commonwealth and New York

relative to lands west of Hudson's river, report of
to wait on governor relative to sitting of supreme judicial

court at Taunton, appointed ....
to wait on governor with address of general court relative to

removal of Lieutenant Colonel Farringtou .
to wait on governor with answer to his speech relative to

restoration of peace, appointed
to wait on governor with address from general court, ap

pointed ..........

to view beach at Marshfield, appointed ....

Committees for preservation of fish in certain towns in Plymouth

county, relating to

of the towns of Dorchester, Stoughton and Sharon, resolv

on the petition of .......

Common pleas, clerk of, fees established

court of, justices' fees established .....

courts of, appeal from judgment of

courts of, times and places for holding ....
Commonwealth, agents to ascertain boundary line between, and

state of New York, appointed . . ,
and state of New York, commissioners to determine boundary

line between, time granted ....
provision for support of light-houses in .
report of committee to settle controversy between, and New

York, relative to lands lying west of Hudson's river .
secretary to publish in certain newspapers, acts, etc., rela

tive to ......... •

tax granted United States by

Comptroller general, allowance to

Page
379
797
870
291

498
809
790
356
835
773

489
331
336
671

459

366

827

542

428
279

655

8S0
230
229
399
239

219
66

459

694

37
404

Index. 1023

Page
Comptroller general, collectors of impost and excise, and naval offi-
cers, to settle accounts with, and make return to . . 703

office of, established 103

Condy, Thomas Hollis, allowance to . . . .v. . . 473

Cone, Ashbel, land granted to 759

Coney, Dr. Daniel, allowance to 855

Dr. Daniel, member of committee, appointed .... 866

Confederation, articles of, governor's message relative to . . 975

relating to 484, 517

Confessions of judgment, clause in act imposing duties on, repealed, 63

Congregational parish in Charlton, relating to 69

Congregational society in New Salem, incorporated .... 609

act incorporating, repealed 609

Congress, delegates in, allowance to 720, 751

delegates to, pay established 300

governor's message relative to representation in . . 918, 944
members of, treasurer to borrow money to pay . . 789, 864

relative to a resolution of 740

requisitions of, governor's message relative to . 933, 941, 970

requisition of, governor's message relative to payment of . 952

requisition of, governor's speech relative to . . . . 979

Connecticut river, protection of lands adjoining .... 65

relative to catching fish in 618

Consolidated notes, treasurer to receive, from William Pyncheon . 695
Constables and collectors, to receive army notes and indents in pay-
ment of taxes 730

to receive army notes in payment of taxes .... 751

Constables' fees established 233

Constitution of the United States, governor's speech relative to 992, 997

Constitution, convention to be called for ratification of . . 740
Continental array, paymasters of, to make return of final settlement

notes 478

Continental convention, members of, treasurer to borrow money to

pay 789

Continental dollars, treasurer to receive, from Jonathan Burr . . 807

Continental securities, treasurer to exchange 379

Convention at Annapolis, allowance to commissioners to . . . 304

governor's message relative to . . . . . . . 974

governor to fill vacancies in commission attending . . . 312

Convention at Philadelphia, delegates to, appointed .... 517

allowance to delegates to . . . , . . . . 519

delegates to, pay established 872

governor's message, relative to 974

Convention at state house, Boston, delegates to be chosen to . . 740

Cony, Daniel, resolve on the petition of 273

Cook, Ebenezer, land granted to 760

Phillip, land granted to 759

1024 Index.

Page

Coombs, William, relating to 577

Cooper, Samuel, clerk of the senate, allowance to, 310, 396, 494, 545, 721,

807, 890

Copper, etc. , coinage of 71

to be delivered to commissary general 387

Copper and silver, governor's message relative to coinage of . . 916

Copps, Moses, to appear and show cause 367

Corbin, Capt. Lemuel, guardian to Dudley Indians, appointed . . 294

Coroners' fees established 228

Correction, houses of, to be built for the confinement of rogues,

vagabonds, etc 623

Costs in criminal suits, provision for payment of ... 607

Cotton goods, relating to the manufacture of 497

Council, governor's, treasurer to borrow money to pay . . . 789

members of, allowance to 863

messenger of, pay established 732

Councillors, time of service, extended 668

Counterfeiting, or uttering counterfeit gold and silver coin, relat-
ing to 33

County of Barnstable, courts holden in, adjourned .... 431

supreme judicial court for, adjourned 196

tax granted .......... 754

County of Berkshire, adjournment of court of common pleas for . 391
committee for the sale of absentees' estates in, to execute

quit claim 817

provision for election of grand jurors in 770

secretary to publish in certain newspapers, acts, etc., re-
lating to 694

sheriff of, treasurer to suspend issuing an execution against . 772

supreme judicial court in, time and place for holding . . 390

time for holding supreme judicial court in .... 194

troops to be stationed in 677

unappropriated lands in, relating to 299

County of Bristol, committee on absentees' estates in, may pay

securities into treasury ........ 367

courts holden in, adjourned 418

preservation of fish in certain rivers in . . . . 602

tax granted 785

County of Cumberland, further power granted to committee on

unappropriated lands in 866

resolve on the petition of selectmen of certain towns in . 445

tax granted 284, 773, 898

two or more justices of supreme judicial court in, may hold

sessions 555

County of Essex, courts holden in, adjourned 439

sheriff of, to stay execution against Charles Furbush . . 738

tax granted . 734

Index.

1025

Page
County of Hampshire, courts holclen in, adjourned . . • 384, 428

divided into three districts 220

governor's message relative to letter from sheriff of . . 989
justices of the peace, to grant license to Paul Whitney . . 540
secretary to publish acts, etc., in certain newspapers in . . 694

tax granted 685

time for holding supreme judicial court in ... 194

towns in, to be assessed 387

troops to be stationed in 677

County of Lincoln, further powers granted to committee on unap-
propriated lands in 866

proprietors and settlers of certain townships and plantations
of, to show cause why their townships should not be in-
corporated 861

report recommending division of 394, 674

1!),-,

resolve on the petition of towns in .

tax granted

to be divided into three districts ....

two or more justices of supreme judicial court in, may hold
sessions .........

plantations in, to be provided with a minister .
County of Middlesex, tax granted

court of general sessions of the peace and court of common
pleas in, adjourned ........

judge of probate for, to make commission

judge of probate for, to recall decree ....

supreme judicial court for, adjourned ....

time for entry of actions in courts in, extended
County of Plymouth, committee on absentees' estates in, relatin

supreme judicial court for, adjourned ....

tax granted

treasurers' accounts for, allowed

County of Suffolk, tax granted ........

County of Worcester, committee to sell land in, appointed

justices of the peace for, to grant licenses

supreme judicial court for, adjourned ....

tax granted .........

County of York, committee on unappropriated lands in, appointed

resolve on the petition of several towns in

tax granted

treasurers' accounts for, allowed

County registers' fees established

Court of common pleas, justices' fees established

Lincoln county, resolve on the petition of three justices of
Court of general sessions, county of Suffolk, to order bridge rebuilt

over Charles river

Court of general sessions of the peace, fees established .

477,

805
722
626

555
341
444

539
774
812
882
389
353
196
702
481
792
335
808
195
469
866
297
784
456
237
229
354

482
230

1026 Index.

Page
Court of general sessions of the peace, for county of "Worcester, to

act upon reports 747

and court of common pleas, county of Middlesex, time for

entry of actions in, extended 389

and court of common pleas, county of Middlesex, adjourned 539

Court of probate in Lincoln county, to be established . . . 628
Court, supreme judicial, relating to appeal from court of common

pleas to 399

county of Berkshire, time and place for holding . . . 390

clerks' fees established 231

at Taunton, governor requested to take measures to prevent

opposition to sitting of 365

judges of, to grant affirmation of judgment .... 356

justices' fees established 231

justices of, to appoint assistant attorney general . . . 477

at Cambridge, relating to sitting of 365

time for holding, in Hampshire and Berkshire counties . . 194

two or more justices of, may hold sessions .... 555

Courts, clerks, and registers of, to give bonds 180

holden in Essex county, adjourned 439

holden in Hampshire county, adjourned .... 384, 428

Plymouth, adjournment of 393

Courts of common pleas, appeal from judgment of . . . . 399

county of Berkshire, adjournment of 391

times and places for holding 239

and general sessions of the peace, county of Barnstable, ad-
journed 431

Courts of general sessions of the peace, times and places for

holding 239

to grant licenses to certain persons 746

Courts of general sessions and court of common pleas, county of

Bristol, adjourned 418

Courts of probate in Hampshire county, places for holding . . 222

Cowing, Abishai, relating to 273

Cox, Daniel, relating to 758

Daniel, relating to land of 968

Lemuel, soldier, resolve on the petition of ... 513

Coxhall, town of, resolve on the petition of 405

Crafts, Colonel, relating to 860

Ebenezer, resolve on the petition of . . . . . . 533

Thomas, relating to 738, 782, 791

Craige, Thomas, and others, naturalized 241

Cranch, Richard, member of committee, appointed .... 498

Richard, member of committee 379, 489

resolve on the petition of 495

Richard, relating to 586

Crane, Vose, soldier, resolve on the petition of . . . . . 764

Index.

1027

committee

court in

Crawford, John, soldier, allowance to, for loss of horse

Criers' fees etablished

Criminal suits, provision for payment of costs in
Crittenden, Ebenezer, relating to
Crocker, Ezekiel, land granted to
Cud worth, Nathaniel, relating to
Cumberland county, further powers granted to
propriated lands in .

resolve ou the petition of the selectmen of certain

tax granted

two or more justices of supreme judicial

sessions

Cumberland and Lincoln counties, regulation of fisher

and streams in ....
Cummington, town of, certain lands annexed to

relating to dividing line of

resolve on the petition of selectmen of

relating to east line of

tax remitted

to show cause

Curson, Jonathan, naturalized
Curtis, Elnathau, land granted to

Joseph, guardian of Natick Indians .

Joseph, resolve on the petition of

Isaac, land granted to

Samuel, allowance to .

Samuel, relating to .
dishing, Appollos, relating to

Captain, brigantine Nancy, relating to

Elmer, resolve on the petition of

Thomas, address of .

Thomas, first councillor of Commonwealth, relatin
Cutler, Ebenezer, released from ministerial taxes

Elisha, resolve on the petition of

Jonas, relating to estate of

Jonas, relating to

Moses, and others, resolve on the petition of

Timothy, relating to petition of

Timothy, resolve on the petition of .

towns in

284, 773,
may hold

g to

S66
445

898

555

57
G14
306
795
671
743
700

53
760
806
524
760
356
712
606
532
295
271
522
672
899
774
486
672
838
789

Dalton, Edward, may enter action against Benjamin Moses . . 853

Peter Roe, relating to 335

Tristram, member of committee .... 365, 368, 715

Dalrymple, Thomas, resolve on the petition of 700

Dana, Francis, allowance to 519

1028 Index.

Page

Dana, Francis, commissioner 286, 517, 549

Francis, resolve on the petition of 453, 673

Francis, relating to 586

Dane, Joseph, resolve on the petition of 420

Nathan, accounts of, referred to committee .... 403

Nathan, allowance to 352

Mr., relating to letter from 988

Danforth, Joshua, relating to 373

Joshua, allowance to 713

Darbey, Samuel, to show cause 828

Darling, Joseph, to appear and show cause 896

Dartmouth, town of, act to prevent the destruction of oysters and

other shell fish, in the harbors, etc., of 593

part of, incorporated as town of New Bedford . . . 190

part of, to be incorporated as town of Westport . . . 561

relating to 860

resolve on the petition of selectmen of . . . 879

Davis, Amasa, quartermaster general, allowance to, for expense in-
curred in suppressing rebellion 533

allowance to, for completing settlement of account . . 785

discharged of a certain sum of money 843

pay of, to cease 804

resolve on the petition of 686

relating to accounts for supplying troops under General Lin-
coln by 527

Davis, Edward, and others, late guardians of Dudley Indians, report

on accounts of 435

Edward, guardian of Dudley Indians, discharged . . . 293

Mr., member of committee 365, 428

Jonathan, relating to 850

Joshua, relating to 802

Rowland, relating to 606

Dawes, Mr., member of committee 369,379

Thomas, Jr., relating to 568

Day, Ezra, relating to 686

Luke, governor's speech relative to 997

Luke, relating to 515, 679

Susanna, relating to 686

Dean, Eliphalet, relating to 606

Josiah, allowance to 855

Josiah, member of committee, appointed .... 835

Samuel, relating to land of 32

Samuel, relating to 606

Deane, James, to superintend purchase of land 669

John, relating to 747

Debt due Penet, De Costa & Co., from Commonwealth, governor's

message relative to . " 942

Index. 1029

Debt, national, estimate of 37

poor prisoners who are committed for, relating to 590

public, governor's speech relative to 907

Debts, between citizens of this and other states, I'elating to . 68

private, act for suspending collection of, continued . . 5G0

act for suspending laws for the collection of, continued . 576, 622

suspension of laws for collection of 113

Debtors oath, form of 591

Declaration, form of, to be subscribed to, by offenders against the

constitution 529

Declaration of rebellion by the general court ..... 424

Decoster, Catherine, i'elating to 844

Temple, soldier, resolve on the petition of ... . 844
Dedham, town of, Daniel Kingsbury set off from First Parish to

Third Parish in 015

resolve on the petition of 482

relating to bridge over Charles river in 770

to show cause 693

relating to land in 880

Deed from Werumbee and sis Indian sagamores, relating to . . 496

Deed, mode of transferring real estate by 559

Deed of land in favor of Joseph Bush, legalized .... 301

Deeds, registry of, to be established in Lincoln county . . . 626

Deerfield and Montague, protection of land lying between . . 66

Deerfield river, permission granted to build bridge over ... 63

Deering, James, relating to 606

Deer Island, in county of Lincoln, grant of, to Joseph and George

Tyler, confirmed 858

grant of, to Joseph Tyler and others, repealed . . . 857

relating to . 862

De Gregoire, Bartholomy, naturalized 572

Bartholomew, resolve on the petition of 818

Maria, naturalized 572

Maria Theresa, natiu'alized 572

Mary Theresa, resolve on the petition of 818

Monsieur and Madame, resolve on the petition of . . . 714

Nicholas, naturalized 572

Pierre, naturalized 572

De La Motte, Cadillac, relating to 714

Delegates in congress, allowance to 720, 751

governor requested to write, relative to funds for supplying

federal troops ......... 497

governor requested to write, relative to a mint . . . 340

governor to transmit letter to 385

pay established 300

relative to paying 412

1030 Index.

Page
Delegates in congress to be directed to move that the benefits ex-
tended to officers who fell in the service of their country

may extend to their widows and orphans .... 502
to procure copy of plan of eastern boundary line, between this

state and New York 873

to remonstrate against sale of contested lands in New York . 311

to represent the case of John Chalouer 475

Delegates to be chosen to convention at state house, Boston . . 740

Delegates to convention at Philadelphia, allowance to 519

appointed 517

pay established 872

Delesdernier, Gideon, relating to 870

Lewis Fred'k, relating to 869

Delleway, Joseph, relating to 870

Deming, John, allowance to 765

John, member of committee 443

John, relating to 418

John, resolve on the memorial of ..... 732

Dench, Gilbert, resolve on the petition of 308, 778

Denuie, Thomas, resolve on the petition of .... . 400

Denny, Mr., member of committee, appointed ..... 827

Deputy commissary general's department, pay established . . 536

Deputy quartermaster general, allowance to, for services . . . 807

Derby, Elias Hasket, resolve on the petition of 825

Desertion of French sailors, act to prevent 242

Devens, Richard, and others, incorporated as proprietors of Maiden

bridge 216

Devens, Richard, commissary general, allowance to, for expense in

suppressing rebellion ........ 533

allowance to, for expenses of his department .... 855

allowance to, for procuring blankets, etc., for Penobscot

Indians 352, 359

allowance to, for services 830

allowance to, for supplies to garrison at Castle island . . 766

relating to . 527, 534

resolve on the memorial of 349, 430

to make repairs at Castle island 320

to sell a certain quantity of tobacco 765

Deverell, John, naturalized 579

Devereux, Burrill, and Richard Harris, allowance to . . . . 334

Dexter, Aaron, allowance to ... . .... 537

John, and others, set off to South parish in Maiden . . 566

John, Jr., relating to 566

Richard, relating to 566

Dickinson, John, relating to letter from 448

John, relating to 936

Dingley, Thomas, resolve on the petition of 279

Index.

1031

Dinsdale, Henry, relating to

Districts :

Berlin, to pay proportion of expense for support of poor in
town of Bolton

Carlisle, part of, to be assessed

Dover, resolve on the petition of
to be assessed for bridge ....

Lynnfield, fine abated

Newashford, relating to lands in

Plainfield, relating to dividing line of

relating to tax on

to show cause

Doane, Nathan, relating to

Doble, John, relating to estate of ... .

Joseph, resolve on the petition of

Richard Rolason, relating to ... .
Dorchester, town of, preservation of marshes in

may sell land

Dorchester Neck, governor's message relative to cannon at
Dorchester school farm, relating to .

Dockindorf , Jacob, relating to

Dodge, Barnabas, relating to

Mark, guardian to Dudley Indians, appointed .

Dole, John, relating to

Dover, district of, to be assessed for bridge

resolve on the petition of

Drake, William, resolve on the petition of .

Duane, James, relating to

Duck and sail cloth, bounty on, granted
Dudley Indians, resolve relating to guardians of

relating to

Dunbar, Elijah, relating to

Dunham, David, relating to .....

Gideon, not David, to be excepted from resolution of in
demnity ........

Dunstable, town of, resolve on the petition of .

Durrell, Thomas, to show cause

Duston, Paul, relating to

Duties, impost and excise, relating to
Duties on advertisements, writs, and executions, repealed
Duties, revenue from impost and excise, appropriated
Dwight, Henry Williams, land granted to .

Page
606

620

846
693, 770
482
471
299
306
795
700
353
895
895
895
653
880
946
880
780
613
294
606
482
693, 770
307, 360
460

881
293
435
319
679

699
680
695
749
67, 479
620
116
759

Eames, Jesse, to show cause ....
John, may enter action against Levi Thayer

849

1032 Index.

Page
Eastern boundary line, governor's message relative to commission-
ers on 925

Eastern counties, unappropriated lands in, relating to 365

Eastern department, quartermaster of, allowance to . . . . 508
Eastern lands, committee for the sale of, to adjust claims of settlers

on Mount Desert 715

to deliver deed 870

Eastern lands, lottery granted for sale of 97

managers of lottery for sale of, to distribute maps . . . 518

Eastham, town of, resolve on the petition of ... 813, 835

Eaton, Joel, relating to 946

Eckly, Rev. Joseph, relating to 586

Eddy, Colonel, relating to township of 613

Edson, Caleb, relating to 721

Josiah, relating to 720

Josiah, relative to estate of 720

Edwards, Dr., relating to 870

Jonathan, land granted to 760

Timothy, agent, appointed 19

Timothy, allowance to 286, 289, 690

Timothy, relating to 919

Eggleston, Azariah, relating to 373

Egleston, Azariah, land granted to 760

Elam, Emanuel, relating to 791

Emanuel, to appear and show cause ...... 738

Elliot, John, relating to 586

Ellithorp, Melison, resolve on the petition of 834

Ely, Justin, to issue warrant -54

Emery, Jonathan, relating to 295

Emmons, John, relating to ........ . 606

Rev. Nathaniel, relating to 586

English, Thomas, and others, naturalized ...... 261

Ensign, Jacob, to appear and show cause ...... 770

Ephraim, Betty, Indian, resolve on the petition of ... . 794

Erving, George, relating to 509

John, absentee, relating to estate of 418

Essex county, courts holden in, adjourned 439

sheriff of, to stay execution against Charles Furbush . . 738

tax granted 734

Essex and Portland newspapers, relating to 800

Estate, real, partition of 171

Estates, absentee's, committee for the sale of, county of Worcester,

to execute deed . . . 752

county of Berkshire, to execute quit claim .... 817

relative to 676

county of Worcester, to sell land 318

Estates and polls, report on governor's message concerning tax on . 322

Index. 1033

Estates : 1>ase

Adams, Samuel 687

Atherton, Peter 363

Auchmuty, Robert, absentee 856

Barnes, Henry, absentee 437

Bethuue, George 856

Birch, William, absentee 739

Bowes, William, absentee 531

Brooks, Daniel 307

Brown, Enoch 309

Brown, Col. John 731

Burnam, Job 690, 767

Child, Thomas 828

Coffin, Josiah 509

Colt, Benjamin 683

Cutler, John 774

Doble, John 895

Edson, Josiah 720

Erving, John, absentee 418

Gardiner, Henry 409, 705

Gay, Martin, absentee 694

Gearfleld, Joseph 350

Godfrey, Solomon 835

Goldthwait, Ezekiel 713

Gould, John, absentee 676

Gould, Robert 376

Hemingway, Ebenezer 683

Hill, Obediah 446

Hubbell, Ithamer 486

Hutchinson, Eliakim 748, 752

Inches, Henderson 524

Jones, Elisha 871

Kingsbury, Nathaniel 615

Martin, John, absentee 682

McNeil, Archibald 830

Minot, Beulah 816

Moses, Eleazer 852

Murray, Daniel, absentee 845

Oliver, Peter 363

Peter, Jr 363

Thomas, absentee 856

Parsons, Edward 486

Pease, Abraham 487, 801

Richardson, Benjamin 820

Royall, Isaac, absentee 512

Ruggles, Benjamin 311

Timothy, absentee 402, 871

1031

Index.

Estates — Concluded. Page

Sargent, Epes 889

Sherburne, Joseph 371

Smith, Bradyl 669

Snelling, Jonathan 712

Sprake, Samuel 812

Warner, Mary 686

Philemon 686

White, William 364

Whitmore, John 783

Wilkins, Mary 871

Elijah 871

Willard, Aaron 310, 725

Benjamin 692

Winslow, Isaac 829

Witherbee, Nathan 836

Eustis, Dr. William, allowance to 537

Excise, addition to act for raising public revenue by . . . . 581

Excise laws, secretary to publish additional 346

Excise and impost collector for Suffolk county, to deliver hats to

Joseph Greenough 734

Excise and impost, collectors of, oath to be taken by 718

relating to .......... 408

to receive duties in treasurers' orders 479

to settle accounts with, and make return to comptroller gen-
eral 703

Excise and impost duties, relating to 67

revenue from, appropriated 116

Excises, addition to act for raising public revenue by 655

public revenue to be raised by 130

Executions, state, relating to issue of 313

alias, time for issuing, extended 403

Executors and administrators, to make sale of real estate, in certain

cases 13

Exportation of green calf skins, relating to 658

Fairbank, Silas, relating to ....
Fairbanks, Ephraim, relating to .

Reuben, released from ministerial taxes
Fairfield, relating to incorporation of.
Falmouth, First Parish of, relating to tax on

to sell lands .....

ministerial lands in, annexed to Portland
Falmouth, town of, part of, incorporated as town of Portland

826

755

672

815

298

Index. 1035

Page

Falmouth, resolve on the petition of the selectmen of 445

tax abated 514

Falmouth and Portland, treasurer of, relating to ... . 822
Fanning, Barclay, resolve on the petition of ... . 432, 548

Farley, Michael, relating to 712

Michael, resolve on the petition of 348

Farrer, Samuel, and others, invalids on Castle island, resolve on the

petition of 708

Farrington, Lieut. Col. Joshua, address of general court relative to

removal from office of 827

Faulkner, Francis, resolve on the petition of 307

Fay, David, soldier, resolve on the petition of 511

Hezekiah, resolve on the petition of 724, 787

Jonathan, to show cause, etc 284

Fearing, Benjamin, resolve on the petition of 848

Israel, resolve on the petition of 848

Federal convention, members of, treasurer to borrow money to

pay 864

Federal debt, certificates for interest on, relating to . . . . 351
Federal troops, governor requested to write delegates in congress,

relative to supplies for 496

money taken from treasury for subsistence of, not to exceed

a certain amount ......... 499

Fees, clerks of judicial courts to account for 301

for court officers, etc., established 226

in secretary's office, etc., established 659

Fessenden, John, allowance to 356

John, resolve on the memorial of ..... . 871

Finance, committee on, allowance to 855

treasurer to borrow money to pay 864

Finances, report on governor's speech relating to ... . 321

Fire in town of Boston, relating to 523

First Parish of Amherst, to show cause 898

First Parish of Falmouth, may sell lands 16

ministerial lands of, annexed to Portland 32

relating to tax on 298

First and Second Precincts, town of Leominster, to be united in one

parish 578

Fish, barreled and dried, clause in act regulating exportation of,

repealed 576

in Agawam or Westfield rivers, relative to catching . . 618

in Ipswich river, preservation of 238, 649

in Merrimac river and tributary streams, penalty for illegally

catching 649

in Neponset river may be taken with seines .... 604
in Three and Ten Mile rivers, in county of Bristol, preserva-
tion of 602

1036 Index.

Page
Fish in Wewewantett river, act repealing paragraph in, and making

addition to, an act for preservation of 654

Fisher, Jabez, resolve on the petition of 481

Fisheries in Agawam or Westfield river, regulated .... 17

in Mattapoiset river, in Rochester, regulated .... 599

in Saco river, regulated 24

in streams in town of Harwich, regulated .... 563
in streams and rivers in the town of Rehoboth, regulated . 11
in rivers and streams in the counties of Lincoln and Cumber-
land, regulated 57

in town of Weymouth, regulated 604

Fisk, Benjamin, relating to 745

David, resolve on the petition of 688

John, relating to 583

Samuel, resolve on the petition of 336, 669

Samuel, relating to 350

Fitch, Ephraim, relative to removal from office of ... 715

Fitchburg, town of, treasurer to recall execution against . . . 763

Flag, Josiah, relating to 870

Flagg, Benjamin, relating to 574

Samuel, relating to 574

Flax seed, alteration of clause in act regulating exportation of . 76

clause in act regulating the exportation of, repealed . . 576

Fogg, Moses, Jr., soldier, resolve on the petition of . . . . 483

Forbes, Eli, resolve on the petition of 518

Forces of Commonwealth, permission to march, within limits of

state of New York, to be requested by governor . . . 485

Form of bond to be given by treasurer and receiver general . . 525
Form of certificate, to be given to keeper of jail, relative to debtor's

oath 591

to be given to certain offenders against the constitution . . 529

Form of debtor's oath 591

Form of declaration to be subscribed to by offenders against the

constitution 529

Form of probate bonds and proceedings on, regulated . . • 173

addition to act regulating 610

Form of writ de horniue replegiando, established .... 182

Forms of writs in civil actions 106

Fort at Majorbagwaduce, concerning 291

Foss, James, relating to 560

Foster, Ilopestill, resolve on the petition of 721

James, member of committee, appointed 797

John, relating to 834

Rev. Joel, relating to 610

Samuel, allowance to 335

Susannah, relating to 721

Fourth of July, celebration of, governor's message relative to . 923

Index.

103^

Fourth of July, celebration of, relating to .
Fowler, Bildad, resolve on the petition of .

Samuel, relating to

Samuel, to issue warrant .
Fox, Isaac, judgment against, reversed

Isaac, resolve on the petition of

Jacob, relating to ... .

John, relating to ....

Mr., member of committee, appointed
Fox islands, relating to ... .
Fox island, time allowed inhabitants of, for paying sum of money
Foye, John, relating to ....

Framingham, town of, relating to
Francisboro', plantation of, to choose assessors
Frankfort, township of, relating to
Franklin, town of, sum of money granted to
Frazier, Phoenix, resolve on the petition of

Thomas, relating to .
Freeborn, Esther, Indian, resolve on the petition of
Freeland, James, may enter complaint

John, resolve on the petition of
Freeman, James, relating to

Joshua, relative to land belonging to

Joshua, to collect tax

Joshua, and others, to settle dispute

Samuel, resolve on the petition of

Solomon, member of committee

Solomon, resolve on petition of

Solomon, allowance to
Frigate Alliance, relating to
Frisbee, Rev. Levi, relating to . .
Frobisher, William, resolve on the representation of
Frost, William, Jr., relative to land of
Frye, Joseph, resolve on the petition of

Joseph, Jr., relating to
Fryeburg, proprietors of, land confirmed to

town of, tax abated ....
Fuller, Robert, resolve on the petition of .

Robert and Amos, resolve on the petition of
Fullerton, Samuel, relating to
Furbush, Charles, resolve on the petition of
Furuess, John, relating to .

303
899
309
613
534
361
679
606
790
862
442
722
881
454
862
481
541
418
828
356
819
892
32
298
768
298
279
53, 671
855
355
587
489
198
510
276
510
894
891
300
574
738
409

Gale, Henry, governor's speech relative to pardon of
Gardiner, Ann, naturalized

994
571

1038

Index.

Gardiner, Henry, relating to estate of

Dr. Joseph, allowance to .
Gardner, Henry, relating to estate of .

Joseph, resolve on the petition of

Robert, review of action in case of, allowed

Thomas, relating to

Gardner, town of, relating to ...

relative to farm in

Garrison at Castle, governor's message relative to
Garrison at Castle island, relating to .

to be strengthened

Gates, William, relating to .

Gay, Martin, absentee, relative to the estate of .

Ruth, resolve on the petition of
Gearfleld, Joseph, relating to estate of
General court, resolve of, that no further acts of clemency be
made

members of, treasurer to draw orders in favor of

members of, treasurer to borrow money to pay

members of, to be paid out of specie tax .

messenger of, fees established ....

pay established . . . . 309, 381, 451,

protection granted to persons attending .

provision for payment of .

printers to, pay established ....

treasurer to issue orders on collectors in favor of members of
Geceral court's address to the governor relative to rebellion

relative to i-emoving certain persons from office

relative to removal from office of Lieut. Col. Joshua Far
rington

relative to removal from office of Ephraim Fitch and John

Hurlbut

General court's address to the people .

address, relative to governor's salary

answer to speech of governor, relative to
peace

declaration of rebellion
General sessions of the peace, fees established

times and places for holding
Georgetown, town of, to be assessed .

credited with tax ....

resolve on the petition of the selectmen of
Gerry, Elbreclge, allowance to

commissioner .....
Gerry, town of, to appear and show cause .

to be assessed

incorporated . . .

409
409
705
705
381
300
847
241
950
766
405
574
694
694
350

698
875
789, 864
451
237
544, 706, 784, 861
739
392
289
713
426
479

restoration of

827

715
142
701

542

424

230

239

813

508

802

519, 549

286, 517

. 890

. 833

Index.

1039

utter

Gerry, town of, relating to .
Gill, Moses, relating to
Gillson, Sam'l, relating to .
Gilman, Andrew, relating to

David, relating to
Glass, act for raising money by lottery for manufacture of, repealed

right to manufacture, allowed to certain persons
Glover, John, resolve on the petition of
Goalers' fees established
Goddard, Asahel, relating to

Ebenezer, relating to .

Elizabeth, relating to

Giles, relating to

Henry, relating to

James, relating to

Salmon, relating to .

Samuel, resolve on the petition of
Godfrey, Daniel, relating to

David, resolve on the petition of

Mercy, resolve on the petition of

Solomon, relating to estate of .
Gold and silver coin, act against counterfeitin

terfeit

Gold, silver, etc., coinage of
Golding, Isaac, relating to .

Isaac, to appear and show cause
Goldthwait, Elizabeth, relating to

Ezekiel, relating to heirs of

Ezekiel, relative to estate of
Goodale, Timothy, resolve on the petition of
Goodell, Abner, resolve on the petition of .

Timothy, resolve on the petition of .
Goodman, Noah, member of committee, appointed

Noah, allowance to
Goodrich, Charles, resolve on the petition of

Joseph, to show cause
Goodwin, John, relating to .

Major General, relating to .

Samuel, relating to .
Gordon, Capt. William, relating to
Gore, John, naturalized ....

John, relating to ....
Gorham, Nathaniel, allowance to

Nathaniel, commissioner .

Nathaniel, governor's message relative to letter from

Nathaniel, relating to

Nathaniel, right of preemption to western lands, granted to

t:.:;

284,

723,

Page

781
587
401
999
850
567
568
767
235
380
878
380
877
380
380
380
380
483
835
835
835

71
548
432
713
792
713
779
305
850
671
888
870
893
574
914
606
493
561
568
452
517
946
917
900

1040

Index.

769

Gorhara, town of, resolve on the petition of the selectmen of
Goshen, town of, to pay amount due on requisitions .
Gospel, society for propagating the, incorporated
Gould, Daniel, resolve on the petition of .
John, absentee, relative to estate of .
Eobert, relating to estate of
Goulding, Daniel, relating to
Ignatius, relating to .
Palmer, relating to
Gouldsborough, grant of township of, confirmed

township of, relating to

Government, officers in arms against, relating to petition of
Government securities, bounty on, discontinued
treasurer to give, in place of notes lost .
treasurer to receive, from Benjamin White
Governor, address of genei'al court to, relative to removal from

office of Lieut. Col. Joshua Farriugton
address of general court relative to salary of .
to grant clemency to certain classes of insurgents
desired to call for contributions for relief of sufferers by fire

in Boston

grant to, for establishing a mint

may order troops into other states .

requested to apply for authority to enforce compliance of

regimental agents, with requisition
requested to apply for more time to obtain certificates for

interest on federal debt .
requested to appoint commissioner to repair to Penobscot

river and treat with Indians .
requested to ask permission to march troops into other states
requested to direct delegates in congress to move that troops

raised in other states, assist in securing persons who have

been in rebellion

requested to direct delegates in congress, to move that the

benefits extended to officers who fell in the service of their

country, may extend to their widows and orphans
requested to direct commanding officers of troops, to arrest all

persons concerned in rebellion who attempt to move out of

this state

requested to express to General Lincoln the general court's

approval of his conduct

requested to fill vacancies in commission to attend convention

at Annapolis

requested to forward sum of money to General Lincoln, for

completing enlistment

requested to direct commanding officer in Hampshire and

Berkshire counties, to furnish guards to commissioners

Page
445
688
586

, 892
676
376
574
574
574
376
862
434
338
689
494

827
701
424

523
387
495

373

351

874
697

497

502

513
475
312
449
673

Index. 1041

Page
Governor requested to inquire into conduct of Caleb Hyde . . 337

requested to issue proclamation against purchase of land from

state of New York • . . 311

requested to issue proclamation, appointing a day of fasting
and prayer 431

requested to issue proclamation, forbidding trespass on unap-
propriated lands in eastern counties 365

requested to issue proclamation, publishing indemnity and

pardon 680

requested to issue pi'oclamation, warning persons against pur-
chasing real estate from any one concerned in rebellion . 513

requested to offer reward for apprehending ringleaders of the
rebellion 433

requested to order pensioners to Castle island .... 338

requested to prevent opposition to sitting of supreme judicial

court at Taunton 365

requested to raise troops for protection of western counties . 677

requested to send General Lincoln sum of money, for enlisting
men 441

requested to send sum of money to General Shepard, for enlist-
ing men 456

requested to send sum of money to General Warner, for enlist-
ing men 443

requested to transmit to congress, account of proceedings by

New Brunswick officials ....... 341

requested to write congress, for commission to General Lincoln
to march to any part of the United States .... 498

requested to write delegates in congress, relative to funds for
supplying federal troops 496

requested to write delegates in congress, relative to a

mint 340

requested to write for supply of indents 339

requested to write General Lincoln 475

requested to write governor of Vermont for permission to,
and assistance in, apprehending rebels who have taken refuge
in that state 500

requested to write governor of New York, relative to certain
persons lately engaged in rebellion 484

requested to write governor of New York, relative to western

lands 899

requested to write executives of other states, relative to re-
peal of resolve for apprehending Daniel Shays and others . 897

requested to write to those states in which insurgents have

taken refuge 697

report on message of, relative to tax on polls and estates . 322

report on speech of, relative to finances 321

resolve on message of 681

1042

Index.

Governor, resolve on message of, relative to commemoration of
fourth of July

resolve on message of, relative to fort at Majorbagwacluce

resolve on message of, relative to Housatonuck Indians .

resolve on message of, relative to sitting of supreme judicial
court

to commission officers to cadet companies

treasurer to borrow money to pay .

to draw on treasurer for amount to defray expense
ing agreement with Penobscot Indians .

to give orders to publish acts and resolves

to raise troops for suppression of rebellion

to strengthen garrison at Castle island
Governor aud council, messenger of, pay established

treasurer to borrow money to pay .
Governor's message, relative to account of Dr. Jeffries for profes-
sional services

relative to accounts of quartermaster and commissary generals

relative to arsenal at Springfield, troops, letter to governor of
New York, and convention to meet at Philadelphia

relative to artillery companies .....

relative to balance due United States

relative to books for Housatonack Indians

relative to cannon at Dorchester Neck

relative to celebration of fourth of July .

relative to Captain Stanhope

relative to choice of militia officers ....

relative to coinage of copper and silver .

relative to commissioners on commercial regulations for the
United States

relative to commissioners on eastern boundary line between
this state and New York 919,

relative to commissioners to promise indemnity to certain per-
sons concerned in rebellion, and commissioners to run boun-
dary line between this state and New York .

relative to conduct of militia at Taunton .

relative to debt of Commonwealth due Penet, De Costa &
Co

relative to enlistment of men for suppression of rebellion

relative to fort at Majabagaduce

relative to garrison at Castle

relative to indemnity and marching troops into other states

relative to insurrection .......

relative to insurgents .......

relative to letter from agents for settling controversy between
this state and New York, concerning western territory

relative to letter from board of treasury ....

Page

974
915
926
940
946
923
944
913
916

936

925

984
953

942
972
921
950
990
937
949

956

958

Index. 1043

Page
Governor's message, relative to letter from General Lincoln, concern-
ing insurgents 965

relative to letter from Governor Clinton, concerning western

lands . . 1000

relative to letter from Governor Randolph, and Governor

Caswell 973

relative to letter to Major General Cobb 947

relative to letter from Mr. Thomson, concerning Nathaniel

Gorham 917

relative to letter from Secretary Thomson, enclosing act of

congress, etc 995

relative to letters from Benjamin Lincoln, and John Lee, con-
cerning Penobscot Indians 999

relative to letters from board of treasury, Governor Hunting-
ton, and sheriff of the county of Hampshire . . . 989
relative to letters mentioning appointment of president, and

containing statement of board of treasury .... 972
relative to letters which passed between General Lincoln and

Shays 964

relative to maps of state of New Hampshire .... 946

relative to militia acts 964

relative to Monsieur and Madame Gregoire .... 951
relative to movements of troops against insurgents, and en-
listment of men 966

relative to navigation act and light houses .... 924

relative to Nathaniel Gorham ....... 946

relative to negroes carried away by British, regulation of com-
merce, and western Indians ....... 954

relative to payment of requisition of congress . . . 952

relative to purchase of field pieces 943

relative to report of General Lincoln 953

relative to regulating commerce of the United States . . 917

relative to re-enlistment of troops 965

relative to requisitions of congress 941, 970

relative to requisitions of congress, and commissioners on

boundary line between this state and New York . . . 988

relative to requisition of congress, etc. ..... 933

relative to report of agents for running boundary line between

this state and New York 995

relative to report of commissioners to treat with Penobscot

Indians 938

relative to representation in congress 944

relative to resignation of Mr. William Cleveland . . . 943

relative to salary 976, 991

relative to settlement of controversy between this state and

New York, concerning lands west of Hudson's river . . 968

relative to seizure of vessels by New Brunswick officials . 924

1044

Index.

Page

Governor's message relative to treaty of peace with Great Britain . 982
relative to treaty of peace with Great Britain, representation

in congress, and number of inhabitants .... 918

relative to treaty with Prussia 921

relative to treaties with Indians 920

relative to troops assembled at Cambridge .... 956

relative to troops ......... 948

relative to troops in Hampshire and Berkshire counties . . 988

relative to western territory 922

Governor's salary, resolve for paying 539

Governor's speech, at opening of May session 1786, relative to west-
ern territory, Harvard college, and public debt . . . 905

at the opening of May session 1787 986

relative to lands of Commonwealth, tax, Luke Day, and con-
stitution of the United States 996

relative to letter from governor of New York, constitution of

the United States, troops, pardon, tax, and mint . . . 992
relative to measures for suppression of insurrection in certain

counties 959

relative to rebellion 927

relative to Thomas Ivers, boundary line between this state and

New York, troops, and requisition of congress . . . 978

Graffam, Caleb, relating to 755

Grafton Indians, guardians of, may sell land 788

trustees of, to sell land 283, 737

to pay Esther Freeborn, Indian, part of her right of dower . 828

Grammar school in Ipswich, law regulating 172

Grand jurors' fees established 236

Grand jurors in county of Berkshire, provision for election of . 770

Gray, town of, taxes abated 799

Gray, Aaron, to be paid wages due 471

Gardner, resolve on the petition of 413

Harrison, relating to 287, 510

Great Britain, concerning treaty of peace with 259

governor's message relative to treaty of peace with . 918, 982

Great Falls, Uppermost, relating to 496

Greaton, Colonel, relating to 771

Greaves, Thomas Russell, relating to 567

Green, Bernard, relating to 566

Benjamin, relating to 574

Jonas, relating to 566

Greene, David, and others, naturalized 261

Greenfield and Deerfield, bridge to be built between .... 63

Greenlaw, Jonathan, relating to 858

Greenleaf, Joseph, relating to 853

William, relating to 704

William, to pay Jotham Bush a sum of money . . . 745

Index.

1045

Greeuleaf, William, resolve on the petition of . . . . 746
Greenough, Joseph, resolve on the petition of .

Greenwich, town of, to be divided

Greenwich and Belchertown, resolve on the petition of the inhabit
ants of

Greggs, Ebenezer, relating to

Gregoire, Bartholomew de, resolve on the petition of

Bartholomy cle, naturalized ....

Maria de, naturalized .....

Maria Theresa de, naturalized ....

Mary Theresa de, resolve on the petition of

Monsieur and Madame de, governor's message relative to

Monsieur and Madame de, resolve on the petition of

Nicholas de, naturalized

Pierre de, naturalized .....
Gregory, John, naturalized

William, to show cause

Groton, town of, resolve on the petition of

to choose a collector

Guardian of Plymouth Indians, appointed .
Guardians of Dudley Indians, relating to .

to pay balance due Edward Davis and others .
Guardians of Grafton Indians, may sell land

of Indians, may sell land

of Joseph Aaron, Indian, may sell laud .

of Natick Indians, to confirm deed to Daniel Travis and others

of Natick Indians, to provide support for Betty Ephraim

of Plymouth Indians, may sell land

Gunn, Capt. Ashael, protection of land of

Gurnet light house, Plymouth harbor, relating to

Page

, 818
734
556

372
837
818
572
572
572
818
951
714
572
572
579
753
436
744
840
293
435
788
281
681
806
794
842
65
404

Habeas corpus, writ of, suspended
Haggett, William, and others, naturalized .
Hale, Jonathan, resolve on the petition of .
Hall, George, allowance to .

Joshua, resolve on the petition of

Mary, resolve on the petition of

Stephen, relating to .

Willis, guardian of Grafton Indians

Willis, resolve on the petition of
Hallet, Ezekiel, soldier, relating to bounty due

Thomas, resolve on the petition of .
Hallowell, town of, notaries public established

taxes abated

102

241
. 881

669
. 837
. 806
. 774

788
512, 774
. 368
. 368
. 557
. 274

1046

Index.

as, to treasurer

Hamilton, Jonathan, relative to land of

Jonathan, resolve on the petition of .
Hamlin, Africa, relating to .

Perez, relating to ... .

Hampshire county, courts holden in, adjourned
divided into three districts
governor's message relative to letter from sheriff in
justices of the peace, to grant license to Paul Whitney
persons confined for treason in, may be admitted to bail
secretary to publish acts, etc., in certain newspapers in
tax granted ......

time for holding supreme judicial court in
towns in, to be assessed ....

troops to be stationed in .

Hancock, John, resolve on the petition of .
John, requested to renew application
John, to deliver note signed by Michael Hilli

Hancock, town of, relating to ... .
resolve on the petition of the selectmen of

Hancock and Canaan, plantations of, resolve on the petition of

Haring, John, relating to ....

Harmony, brigautine, relating to

Harris, Richard, and Burrill Devereux, allowance to
Samuel, relating to .... .
William, i-esolve on the petition of .

Harvard college, governor's speech relative to .
grants to president and professors of
president of, treasurer to borrow money to pay
trustees of, treasurer to pay money due on executions to

Harvard, town of, relating to ....

Harvey, Capt. Moses, relating to ...

Thomas, relating to . .

Harwich, town of, catching of fish in streams in, re;

fine abated

selectmen of, to sell land ....

Hasey, Isaac, -relating to salary of

Haskell, Roger, and others, resolve on the petition o

Haskins, Silas, relative to form of

Hasty, William, resolve on the petition of .

Haven, Samuel, resolve on the petition of .

Hawley, Joseph, commissioner, relating to

Haws, Daniel, and others, resolve on the petition of

Hayward, Thomas, soldier, resolve on the petition of

Haywood, Benjamin, allowance to

Healy, Jedcdiah, relating to

John, guardian to Dudley Indians, appointed
Nathaniel, relating to ....

ulated

384

Page
198
457
373
679
j 428
220
989
540
456
694
685
194
387
677
531
319
482
888
772
388
460
539
334
293
481
906
306
789
S20
837
454
870
563
671
438
222
804
20
764
819
286
756
480
473
574
294
293

Index.

1047

Page

Heard, Nathan, relating to 574

Heath, John, resolve on the petition 851

Major General, relating to 281

Hector, ship, allowance for loss of 786

Hemingway, Ebenezer, relative to estate of 683

Silvanns, resolve on the petition of 683

Hemp, bounty on, granted 880

relating to bounty on ........ 382

Henderson, John, relating to 418

Joseph, resolve on the petition of ... 418, 480, 815

Henry, Mr., member of committee 374

Hewes, Robert, relating to 567

Samuel, resolve on the petitiou of 287

Hey wood, Phineas, relating to 574

Hibbert, Joseph, relating to 999

Joseph, to issue warrant 192

Hinman, Mr. , member of committee, appointed .... 773

Hinckley, Richard, resolve on the petition of 890

Hinds, Lieut. Bartlett, resolve on the petition of ... . 447

John, resolve on the petition of 357

Highways, method for laying out 203

provision for repairing 247

Higgiuson, Henry, relating to ....... . 568

Stephen, trade commissioner, appointed 286

Hildrith, Ephraim, to show cause 787

James, resolve on the petition of ..... . 787

Hiligas, Samuel, relating to ........ 785

Hill, Asa, relating to 843

Jeremiah, to issue warrant 256

Jeremiah, resolve on the petition of . . . . 295, 357, 471

John, allowance to 469, 844, 892

John, to examine lines between Shapleigh and lands of Com-
monwealth, and Lebanon and Commonwealth . . . 457

Mr., member of committee 368

Obediah, relating to estate of ...... . 446

Sarah, and Stephen Jones, resolve on the petition of . . 446

Thomas, resolve on the petition of 829

Hilliard, Rev. Timothy, relating to 587

Hilligas, Michael, relating to note given by ... 319, 482

Hodgdon, Alexander, treasurer of Commonwealth, relating to . 549

Hodge, Michael, relating to 577

Hodges, Silas, to show cause 401

Hodgkins, Samuel, relating to 606

Hoit, Jonathan, and others, tolls granted to 63

Holbrook, Elijah, resolve on the petition of 837

Holden, Abner, allowance to 331

Abner, resolve ou the petition of 333

1048

Index.

ministerial

cavalry

Holden, Abner, to sell land

Dr., relating to

Holden, town of, resolve on the petition of

to choose collector

Holland, Park, relating to

allowance to

Holliston, town of, certain inhabitants released from

taxes

Holman, Abel, resolve on the petition of .

Holten, Mary, relating to

Samuel, allowance to

Samuel, relating to

Samuel, to pay treasui'er a sum of money
Hooper, Hezekiah, resolve on the petition of

Jacob, to be paid wages due ....

Eobert Lettice, relating to land of .

Robert Lettice, relating to ....

Samuel, and others, resolve on the petition of .
Hopkins, Edward, relating to donation of .

Thomas, relating to

Hopkinton, town of, execution against, stayed .
Horses, compensation for use of, by persons employed as
Hosmer, Jos , allowance to

Joseph, allowance to

Hossack, Charles, relating to

Housatonuck Indians, allowance to, for purchase of books
Housatonack Indians, governor's message relative to books for
Houses of correction to be built for the confinement of rogues, vaga

bonds, etc

Houses, licensed, for sale of liquors, etc., regulated
How, Artemas, relating to .

Isaac, resolve on the petition of

Joel, relating to

Howard, Jonathan, relating to .

Mr., member of committee

Samuel, relating to .
Howe, William, resolve on the petition of .
Hubbell, Ithamer, relating to estate of
Hudson's river, agents to settle claims of Commonwealth to terri
tory west of, to agree with commissioners from New York

governor's message relative to settlement of controversy con
cerning lands west of

lands lying west of, relating to
Hull, David, allowance to .
Hunt, Aaron, complaint may be entered against

Elijah, relating to ... .

John, judgment in favor of, vacated

672
711
686
350
686
750
720
471
968
758
378
778
606
402, 510, 714

335
946
300
472
373
713

533

514
544, 723, 888
606
361
940

623
206
402
302
574
566
368
850
845
486

968
70, 459
537
470
767
364, 696

Index.

1049

Hunt, John, resolve on the petition of ...

Mr. , member of committee, appointed

William, resolve on the petition of .
Huntington, Governor, governor's message relative to letter
Hurd, Jedediah, resolve on the petition of .
Hurlbut, John, relative to removal from office of

Hussey, Stephen, relating to

Huston, Samuel, resolve on the petition of

Hutchins, Gordon, relating to

Gordon, resolve on the petition of .

Mr. , relating to

Hutchinson, Eliakim, conspirator, relating to estate of
Hyde, Caleb, relating to

Caleb, resolve on the petition of ...
Hyslop, William, relating to

334, 371, 473

. 542

. 356

from . 989

. 817

. 715

487, 801

. 748

. 705

. 486

923, 989

748, 752

. 337

. 876

. 587

Ilsley, Enoch, to settle dispute .

Impost, bonds given to secure, to be cancelled

Impost duty on foreign hemp, established .

Impost duties, public revenue to be raised by

Impost and excise, collector of, for Suffolk county, to deliver hats to

Joseph Greenough ....
Impost and excise, collectors of, to settle accounts with, and make
return to comptroller general

to receive duties in treasurer's orders

oath to be taken by

relating to

Impost and excise duties, relating to .

revenue from, appropriated
Inches, Elizabeth, resolve on the petition of

Henderson, relating to ... .

Henderson, relating to estate of
Indemnity, commissioners appointed to promise, to
who have been concerned in rebellion .

governor's message relative to .

to certain offenders against the constitution, relating to

certain persons

Indents, governor requested to write for supply of .
Indents and army notes, to be I'eceived in payment of taxes
Independent company of cadets, rank of officers determined
Independent chronicle, secretary to publish resolves

relating to

Indian sagamores, relating to deed from .
Indians, guardians of, may sell laud .

relating to hostile intentions of

111,
176

531,

768
839
382
117

734

703
479
718
408
67
116
524
418
524

515
990
166,
528
339
730
360
718
757
496
281
374

1050

Index.

293

etc

:.2

54 ]

Indians, committee to repair to town of Dudley and inquire into
concerns of

governor's message relative to treaties with

Dudley, relating to guardians of

Grafton, guardians of, may sell land

Grafton, trustees of, to sell land
relating to .....

Housatonuck, allowance for purchase of books for

Housatonack, governor's message relative to books for
Indians, Natick, guardians of, to confirm deed .

to provide support for Betty Ephraim
Indians, Penobscot, commissary general to procure blankets
for

commissioners to treat with, appointed

governor's message relative to report of commissioners

relating to

relating to agreement with

relating to commissioners to treat with .

relative to complaint by

treaty with, confirmed

Indians, Plymouth, guardian appointed ....

guardians of, may sell land

Indians, western, governor's message relative to
Tngersol, Jared, and others, resolve on the petition of

Jonathan, land granted to

Ingraham, Joseph, relating to

In man, Ralph, resolve on the petition of .
Ipswich bay, light houses to be erected in .
Ipswich, grammar school in, law regulating

Ipswich river, preservation of fish in

Insurgents, clemency to be granted to certain classes of .

governor's message relative to .

governor's message relative to General Lincoln's letter

cerniug

Insurrection, governor's message relative to

governor's speech relative to suppression of, in certain counties
Insurrections, suppression of, act relating to
Ivers, Mary, relating to

Thomas, treasurer, to receive sum of money

to receive promissory note from Josiah Bemis

Thomas, allowance to executors of .

governor's speech relative to

relating to 335, 468, 510, 542, 724, 733, 787,

relatiug to heirs of

238,

Page

356
920
435

788
737
828
361
940
806
794

, 359
316
938

,953
359
873
366
70
840
842
955
731
760
606
831
577
173
649
424
949

965
937
959
187
535
283
483
535
979
899
797

Jackson, Elisha, resolve on the petition of
Ephraim, resolve on the petition of .

847
282

Index. 1051

Page

Jackson, Col. Henry, resolve on the petition of 821

William, resolve on the petition of 337

Jarvis, Leonard, manager of lottery 100

member of committee, appointed 398

Jauncy, James, relating to 770

Jay, Charles, relating to 999

John, relating to ......... 944

Jefferds, Samuel, relating to 373

Jeflery, Israel, Felix and Thomas, Indians, resolve on the petition of 281

Jeffries, Dr., governor's message relative to 984

Jenkins, Jonathan, relating to 487, 801

Jenks, Isaac, land granted to 760

John, resolve on the petition of 793, 878

William, relating to 606

Jenneson, William, relating to ....... . 574

Jennings, John, resolve on the petition of . . . . . 793, 807

Jennigan, William, resolve on the petition of 275

Jewell, Ezra, resolve on the petition of 322, 364, 668, 696

judgment against, declared valid 474

Jevvet, Solomon, to sell land 277

Jewett, James, relating to 606*

Jeddiah, and others, resolve on the petition of 476

Joseph, relating to 606

Johnson, Jesse, resolve on the petition of 352, 380

Micah, relating to 574

William, relating to 574

Johonnot, Gabriel, to appear and show cause 890

Jones, Elisha, absentee, relating to 817

Elisha, relating to estate of 871

Francis, soldier, allowance to 493

Ichabod, relating to 446

Israel, member of committee, appointed 514

Nathan, grant of township to, confirmed 376

Nathan, relating to 518

Stephen, and Sarah Hill, resolve on the petition of . . . 446

Jordan, James, relating to ........ . 606

Joslyn, Benjamin, resolve on the petition of 876

Judge of probate's fees established 228

Judge of probate, county of Middlesex, to make out commission . 774

to recall decree 812

Judge of probate, county of Worcester, to revise settlement of

estate of Timothy Ruggles, absentee 402

Judges of supreme judicial court, treasurer to borrow money to pay 864

Judicial courts, clerks of, to account for fees 301

Jurors, persons concerned in rebellion, disqualified from serving as . 198

Jurors for trial, fees established 236

Jurors, grand, fees established 236

1052

Index.

epre

Jurors, grand, in county of Berkshire, provision for election of
Justice of the peace, provision in case of death or removal of

Justices' fees established

Justices' fees, court of common pleas, established .

supreme judicial court, established ....
Justices of the peace, county of Cumberland, resolve on the r
sentation of .......

county of Hampshire, to grant license to Paul Whitney

county of Worcester, to grant licenses .
Justices of supreme judicial court, allowance to

authorized to adjourn

may license married women to sell real estate in certain

to appoint assistant attorney-general

treasurer to borrow money to pay ....

to examine and allow certain accounts

two or more, may hold sessions in the counties of Cumberland
and Lincoln

Page
770
653
227
229
231

898
540
808
4(58
195
597
477
789
783

555

746,

460, 517,

Keen, Joseph, resolve on the petition of

Kennebec river, regulation of fisheries in, and streams tributary to

Kennedy, Robert, resolve on the petition of

Kenduskeeg, township of, relating to .

Kent, Nathaniel, relating to ....

Kilham, Mr., member of committee, appointed .

Kimball, Samuel, resolve on the petition of

King, John, resolve on the petition of

Mr. , relating to

Rufus, commissioner, relating to
Kingman, David, guardian of Plymouth Indians

David, Indian guardian, may sell land
Kingsbury, Ebenezer, to show cause .

Ebenezer, relating to

Nathaniel, set off from First Parish, to Third Parish
Kingsley, Lieut. Calvin, relating to farm of
Kirkland, Rev. Samuel, to superintend purchase of wester
Kittery, town of, resolve on the petition of the selectmen of
Knight, Ebenezer, relating to

Ebenezer, resolve on the petition of .

Isaac, resolve on the petition of

Joseph, relating to

Knights, Joseph, resolve on the petition of

Knowles, Charles, and others, resolve on the petition of

Kollock, Lemuel, relating to

Kuhn, Jacob, allowance to

Jacob, messenger of general court, allowance to, for purchase
of fuel, etc 369,

u Dedham

n lands

753
57
273
862
858
542
283
818
956
968
842
281
754
853
615
556
901
810
75
831
831
768
838
473
319
840

726

Index.

1053

La Barrou, Rev. Mr., relating to

La Fayette, Marquis, relating to .

Lamphire, Pliinehas, resolve on the petition of .

Lancaster, Thomas, and others, to settle dispute

Land, adjoining town of Ashland, to be sold

Benjamin Wiser, Indian, may sell

committee to sell, in county of Hampshire, appointed

confirmed, to proprietors of Fryeburg

granted to David Marsh and others, conditionally

granted to Samuel Perly, confirmed .

granted to Capt. William Tyng ....

gore of, annexed to town of Longmeadow

in western country, relating to purchase of

in Worcester county, committee appointed to sell

of James Boyd, letter relative to

of Israel Cagnahew, may be sold

Capt. John Prentice to give deed of .

may be sold by guardians of Indians

purchase of, by Samuel Brown and others, confirmed

Samuel Perry's title to, confirmed

selectmen of Harwich to sell ....

sold at public auction, relating to

for use of seminary, relating to

unappropriated, in county of Lincoln, relating to
Land lottery, state, resolve on representation of manager;
Lands, belonging to Commonwealth near Shapleigh and
relating to ...... .

claimed by Plymouth company, relating to

committee on the sale of, to establish road from
river to Scooduck river

eastern, committee for the sale of, to adjust claims
on Mount Desert

ministerial, in First Parish of town of Falmouth
sold

incorporated as Second Parish in Pelham

in Lebanon, to be assessed for ministerial charges

in Second Parish of Scarborough, relating to .

lying west of Hudson's river, relating to .

on Penobscot river, relating to .

on Smead's island, protection of . . ' .

on St. Croix river, relating to .

of Commonwealth, governor's speech relative to

preservation of Province Town
Lands, unappropriated, in Berkshire county, relating to

in certain counties, committee to sell

of .
Lebanon

Penobscot

of settler

, may be

370
70

Page
600
951
769

768
378
288
331
510
414
799
276
578
670
335
385
275
348
281
758
443
438
367
866
317
691

457
496

862

715

223

560

, 459

, 316

65
341
996

26
299
867

1054

Index.

Lands, unappropriated, committee on, in counties of Cumberland and
Lincoln, to make and execute deed

Nathaniel

Gor

ial charges

in eastern counties, relating to taxes and sale of

relating to trespass on ... .
Lands, western, right of pre-emption in, granted to

ham and Oliver Phelps ....
Lane, Capt. John, relating to ... .

John, resolve on the petition of

Thomas, relating to

Langdon, John, resolve on the petition of .

Langley, Capt. Samuel, and company, allowance to

Larned, Simon, land granted to .

Laughton, Joseph, allowance to .

Leach, Micah, soldier, resolve on the petition of

Learned, Capt. Jeremiah, resolve on the petition of

Leathe, Jedediah, to collect assessments

Lebanon, town of, to assess tax on land for minister

John Hill to examine lines between, and lands sold to Samuel
Andrews

relating to land annexed to

tax abated

Lee, John, governor's message relative to letter from

John, relating to

Joseph, resolve on the petition of

Mr., member of committee
Le Gross, Francis, soldier, allowance to
Leland, Abner, released from ministerial taxes .

Asa, released from ministerial taxes .
Lenox, town of, fine abated ....
Leominster, town of, first and second precincts in,
one parish

relating to

Leonard, Simeon, relating to ....

Richard, relating to

Letter from Major General Lincoln, relating to .
Letter of instruction, relating to James Boyd .
Lewis, Ebenezer, relating to ... .
Lewistown, plantation of, resolve on the petition of

taxes abated ......

Libby, Josiah, relating to

Richard, relating to

License for sale of liquors, etc., relating to

granted Elmer Cushing to sell spirituous liquor
Licensed houses for sale of liquors, etc., regulated
Licenses to be granted retailers of spirituous liquors
Lieut. Gov. Thomas Cushing's speech, at the opening of May
sion, 1787 . . .-

to be

united in

Page

854
398
365

900
723
418
418
779
839
759
335
354
761
288
222

457
198
297, 485
999
874
310
374
882
672
672
876

450,
ses-

578
762
721
721
668
385
190
790
476
870
560
207
296
206

us;

Index. 1055

Light Horse, bark, relating to 825

Light house, Gurnet, Plymouth harbor, relating to . . . . 404

Light houses, governor's message relative to 924

laws heretofore made for building and maintaining, repealed . 597

provision for building and maintaining 595

provision for support of 66, 193, 766

to be erected on Plum island 577

Light infantry company, Boston, governor to commission officers of 372

Lillie, Theophilus, relative to estate of 290

Limerick, town of, incorporated 255

Lincoln, Abraham, relating to 574

Benjamin, allowance to 516, 541

commissioner, appointed 70, 316

governor's message relating to letter from .... 999

relating to memorial of . . . ... . . • 827

Benjamin, Jr., resolve on the' petition of . . . . 487, 801

General, conduct of, approved 424

governor's message relative to letter from . . 964, 965, 966
governor's message relative to report of ... 953

relating to 537, 973

relating to accounts for supplying troops under . . . 527
relative to, marching forces into other states . . . 498
governor requested to express to, the general court's approval

of his conduct 475

governor requested to send sum of money to . . 441, 449

governor requested to write to 475

troops under, to be re-eulistecl 433

Levi, to issue warrant 575

Major General, pay rolls of the army under, relating to . . 549

relating to 913

relating to letter from ........ 668

Lincoln county, further powers granted to committee on unappro-
priated lands in 866

lottery granted for sale of lands in 97

plantations in, to be provided with a minister .... 341
proprietors and settlers of certain townships and plantations
in, to show cause why their townships should not be in-
corporated 861

report recommending division of . . 394, 674

resolve on the petition of towns in 805

tax granted 722

to be divided into three districts 626

two or more justices of supreme judicial court in, may hold

sessions 555

Lincoln and Cumberland counties, regulation of fisheries in rivers

and streams in 57

Liquors , license for sale of 207

1056 Index.

Page

Liquors, spirituous, Elmer dishing licensed to sell .... 295

spirituous, Timothy Williams licensed to sell, in Watertown . 294

Lithgovv, Justice, proceedings of, legalized 354

Major General, relating to 914

Littlefleld, Simeon, released from ministerial taxes .... 672

Livingston, John, relating to ....... 900

K., relating to 460

Longmeadow, town of, gore of land annexed to ... . 578

Lord, Jeremiah, resolve on the petition of 488

Mark, resolve on the petition of . . . . . . 367

Lottery, act for raising sum of money for promoting manufacture of

glass by, repealed 567

drawing of, for townships between Penobscot and Schooduck

rivers, postponed 449

granted for sale of lands in Lincoln county .... 97

maps of townships to be sold by, to be distributed . . . 517

North Mills, resolve relating to, repealed .... 894

North Mills, managers of, to proceed to drawing . . . 788

State land, resolve on representation of managers of . . 691
tickets, granted to Robert and Alexander Barr, as a gratuity

for building machines 546

Louis XIV., relating to 714

Lovejoy, Abiel, resolve on the petition of 829

Lovel, Colonel, relating to 743

Lovell, Genera], relating to 421

James, relating to 319

Loveriug, Joseph, resolve on the petition of ... 689, 829

Low, Jacob, resolve on the petition of 336

Lowell, Abner, relating to 606

John, committee to settle accounts of 332

John, relating to 460, 606, 968

Mr., relating to 956

Lowther, George, relating to 606

Lucas, John, commissary of pensioners, allowance to . . 295, 750

resolve on the memorial of 796

resolve on the representation of 830

Ludlow, town of, assessed 793

Lusk, Elizabeth, land granted to 759

Mr., member of committee, appointed 773

Lyde, Nathaniel Byfleld, master of ship, Boston packet, relating to . 304

Lydston, John, relative to land of 198

Lyman, Samuel, allowance to 855

William, relating to 798

Lymeric, town of, tax abated 297

Lyndes, Laban, relating to 541

Mary, relating to judgment in favor of 541

Lynn, town of, fine abated . 471

Index.

1057

Lynnflelcl, district of, fine abated
Lyon, James, resolve on the petition of

471
340

Machie, Andrew, resolve on the petition of ...
Machines, allowance to Robert and Alexander Barr, for completing

built by Robert and Alexander Barr, relating to

for carding and spinning, relating to ...

for manufacture of cotton goods, relating to .
Majabagaduce, fort at, governor's message relative to

Majabigwaduce, relating to

Majorbagwaduce, fort at, relating to

Majorbigwaduce, plantation of, incorporated as town of Penobscot
Maiden bridge, proprietors of, incorporated ....
Maiden, John Dexter and others, set off to South Parish in
Managers of lottery for sale of eastern lands, to distribute maps

of North Mills lottery, to proceed to drawing .

of State land lottery, resolve on the representation of .

Mann, Elias, relating to

Manning, Elisha, relating to .......

Manufacture of cotton goods, relating to .
Manufactures and produce, relating to importation of

Manufactures, report of committee on

Maps of townships to be sold by lottery, to be distributed
Marblehead, town of, resolve on the petition of .

Marblehead, collectors of, relating to

Marchant, Abishai, relative to land of .....
Marlborough, town of, resolve on the petition of selectmen of

fine remitted .........

Mariam, Joshua, resolve on the petition of ....

Marriages, solemnization of

etc., fees established

Married women, justices of supreme judicial court, may license, to

sell real estate in certain cases

Marsh, David, and others, granted townships, 1, 2, 4, 5 and 6, con
ditioually

relative to settlers in townships, granted to . . .

land granted, conditionally

Marshall, Col. Thomas, relating to

Marshes in Squantum, town of Dorchester, preservation of
Marshfield, town of, part of Scituate, commonly called Two Mile

annexed to

Martin, John, absentee, relative to estate of

Mr., to appear and show cause .

William, and others, naturalized
Mason, Ebenezer, land granted to

511

396
546
498
497
921
414
291
192
217
566
518
788
691
574
679
497
320
410
517
755
378
275
762
331
743
7
236

597

343
502

414
834
653

601
682
815
241
760

1058

Index.

Mason, Jonathan, member of committee, appointed .

Jonathan, relating to

Thads, relating to

Massabesec, plantation of, incorporated as town of Waterborough
Massachusetts and state of New York, commissioners to determine

boundary line between, time granted
Massachusetts bank, treasurer to borrow money from

treasurer to repay money borrowed of

treasurer to repay money borrowed, and to secure further

loan from ....

Massachusetts line, paymasters of, to make return of final settle

ment notes ........

regimental agents, relating to

Mather, Samuel, and others, resolve on the petition of
Mattapoiset river, in Rochester, taking of fish in, regulated
Mauduit, Jasper, relating to accounts of .
Maxwell, Thomas, resolve on the petition of
May, Elisha, to issue warrant ....
Maynard, Stephen, guardian of Grafton Indians
McCarthy, Thadeus, relating to .
McClary, Maurice, relating to ... .
M'Clellan, Hugh, to sell land ....
McClench, John, and others, resolve on the petition of
McCobb, Samuel, agent, to account with treasurer
McCullock, Henry, governor's speech relative to pardon of
McElwain, James, to appear and show cause
M'Farland, Walter, resolve on the petition of
Mcintosh, Gideon, resolve on the petition of
McKinstry, James, resolve on the petition of
McLellan, Hugh, relating to

Joseph, relating to ...

Joseph, resolve on the petition of

Joseph, Jr., relating to

William, relating to .
McMaster, James, relating to
McNeil, Archibald, relating to estate of

Elizabeth, to execute deed to Abiel Lovej
McPhetres, Archibald, relating to
Medfield, town of, to be assessed for bridge

resolve on the petition of .
Mellish, Samuel, allowance to
Members of general court, pay established

treasurer to issue orders on collectors, in
Mendon, town of, execution against, stayed
Mercury, frigate, relating to
Merrell, John, resolve on the petition of
Merril, Daniel, resolve on the petition of .

favor of

696

402

693

Page
379
587
294
256

219
446
719

716

478
373
783
599
319
773
192
788
574
755
378
841
802
994
547
510
274
318
606
606
682
606
606
759
830
830
999
482
770
473
706
713
805
945
817
695

Index.

1059

* Page

Merril, Mr., member of committee, appointed 790

Merrimac river and tributary streams, penalty for illegally catching

fish in 649

Message of governor, relative to account of Dr. Jeffries for profes-
sional services 984

relative to accounts of quartermaster and commissary generals 983
relative to arsenal at Springfield, troops, letter to governor of

New York, and convention to meet at Philadelphia . . 974

relative to artillery companies 915

relative to balance due United States 926

relative to books for Housatonack Indians .... 940

relative to cannon at Dorchester Neck 946

relative to Capt. Benjamin Heywood 1000

relative to Captain Stanhope 944

relative to celebration of fourth of July 923

relative to choice of militia officers 913

relative to coinage of copper and silver ..... 916
relative to commissioners on commercial regulations for the

United States 936

relative to commissioners on eastern boundary line between

this state and New York 919,925

relative to commissioners to promise indemnity to certain
persons concerned in rebellion, and commissioners to run

boundary line between this state and New York . . . 984

relative to conduct of militia at Taunton 953

relative to debt of Commonwealth due Penet, De Costa & Co. 942

relative to enlistment of men for suppression of rebellion . 972

relative to fort at Majabagaduce 921

relative to garrison at Castle 950

relative to indemnity, and marching troops into other states . 990

relative to insurgents 949

relative to insurrection ........ 937

relative to letter from agents to settle controversy between

this state and New York concerning western territory . 956

relative to letter from board of treasury 958

relative to letter from Governor Lincoln, concerning western

lands 1000

relative to letter from Secretary Thomson, enclosing act of

congress, etc 995

relative to letter from General Lincoln, concerning insurgents 965

relative to letter to Major General Cobb 947

relative to letter from Mr. Thomson, concerning Nathaniel

Gorham 917

relative to letter mentioning appointment of president, and

containing statement of board of treasury .... 972
relative to letters from board of treasury, Governor Hunting-
ton, and sheriff of county of Hampshire .... 9S9

1060

Index.

Message of governor, relative to letters from Benjamin Lincoln and

John Lee, concerning Penobscot Indians ....
relative to letters from Governor Randolph, and Governor

Caswell

relative to letters which passed between General Lincoln and

Shays

relative to maps of state of New Hampshire .

relative to militia acts .......

relative to Monsieur and Madame Gregoire

relative to movements of troops against insurgents, and en

listment of men

relative to Nathaniel Gorham

relative to navigation act and light houses

relative to negroes carried away by British, regulation of com

rnerce, and western Indians

relative to payment of requisition of congress

relative to purchase of field pieces

relative to re-enlistment of troops .....
relative to regulating commerce of the United States
relative to report of agents for running boundary line between

this state and New York
relative to report of commissioners to treat with Penobscot

Indians

relative to report of General Lincoln

relative to representation in congress

relative to requisitions of congress .... 933, 941

relative to requisitions of congress, and commissioners on

boundary line between this state and New York .
relative to resignation of Mr. William Cleveland

relative to salary

relative to seizure of vessels by New Brunswick officials
relative to settlement of controversy between this state and

New York, concerning lands west of Hudson's river
relative to treaty of peace with Great Britain .
relative to treaty of peace with Great Britain, representation

in congress, and number of inhabitants
relative to treaties with Indians
relative to treaty Avith Prussia .
relative to troops .....
relative to troops assembled at Cambridge
relative to troops in Hampshire and Berkshire
relative to western territory
Messenger of general court, fees established
allowance to, for purchase of fuel, etc.
treasurer to borrow money to pay
Messenger of governor and council, pay established
treasurer to borrow money to pay

counties

369

Page

999

973

964
946
964
951

966
946
924

954
952
943
965
917

995

938

953

944

, 970

988
943
991
924

968

982

91S
920
921
948
956
988
922
237
726
864
732
864

Index.

1061

and

Page
743
877
753
753
988
894

Messengers, treasurer to borrow money to pay
Metcalf, Hannah, relating to

Hannah, resolve on the petition of .

Jonathan, resolve on the petition of .

Mr., relating to

Middleboroiigh, town of, assessment on, made valid .
Middlesex county, court of general sessions of the peace
of common pleas, in, adjourned .

judge of probate for, to make out commission

judge of probate for, to recall decree

supreme judicial court for, adjourned

tax granted

time for entry of actions in courts in, extended
Militia, act regulating

acts, governor's message relative to .

at Taunton, governor's message relative to conduct of

engaged in suppressing rebellion, provision for payment

laws to be printed

officers, acts confirmed

resolve for paying, engaged in suppressing rebellion

rules for governing, established ....
Miller, Eobert, pension granted

Samuel, relating to

Samuel, to show cause

Milliken, John A., resolve on the petition of

Minister to be provided for plantations in Lincoln county

Minot, Beulah, relating to estate of

George Richards, clerk house of representatives, allowance to 310,

396, 494, 545, 721, 807, 840, 890

539
774
812
195, 882
444
389
244
964
953
165
420
527
504
77
303
878
794
764
341
816

Minot's Grant, annexed to town of Cummington
Mint, allowance for the establishment of a

for coinage of gold, silver, etc., established

governor requested to write delegates in congress relative to

governor's speech relative to
Mirrick, Isaac, relating to .
Mitchel, Capt. Elisha, allowance to

Nathan, member of committee, appointed
Mitchell, Jonathan, resolve on the petition of

Nathan, member of committee .
Moch, William, and others, naturalized
Molton, William, and others, naturalized .
Money tax, new emission, relating to .
Monson, town of, resolve on the petition of selectmen of
Montague and Deerfleld, protection of land lying between
Moody, Benjamin, relating to

Enoch, relating to

William, relating to

614

387
71
340
994
75
855
835
474
353
241
241
730
692
66
606
606
606

1062

Index.

Moore, Alexander, naturalized ....

John, resolve on the petition of
Morell, John, land granted to ... .
Morey, David, and others, account allowed

David, resolve on the petition of

Samuel, to show cause ....
Morris, Robert, and James Alexander, naturalized
Morse, Eliphalet, relating to ... .

Enoch, relating to ....

Nathaniel, relating to ....

Samuel, resolve on the petition of .
Moses, Benjamin, resolve on the petition of

Eleazer, relating to estate of
Mount Desert, island of, granted to Monsieur and Madame Gre
upon certain conditions

relating to

Mower, Ephraim, relating to ... .

Timothy, handwriting of, to be authenticated
Murray, Daniel, absentee, relating to estate of .

John, relating to

John, resolve on the petition of
Murrayfield Grant, annexed to town of Cummington

Mussey, Daniel, relating to

Myrifield, town of, relating to

Page
. 579
. 471
. 760
. 404
. 481
. 883
5

GOG
. 606
. 606

761
. 852
. 852
re
. 714
862, 951
. 574
. 362
. 845
422, 712
. 871

614
. 606

719

39".

Nancy, brigantine, relating to 532

Nash, Jonathan, to admit Abel Holmau to bail 711

Stephen, land granted to 760

Nason, Major Samuel, allowance to 855

Mr. , member of committee, appointed 790

Natick Indians, guardians of, to confirm deed to Daniel Travis and

others 806

to provide support for Betty Ephraim 794

Natick, town of, execution against, stayed 794

National debt, estimate of 37

Naturalization, relative to 744

Naturalization of Foreigners :

Alexander, James 5

Bazin, Abraham 579

*Boott, Frances 579

Kirk 579

Mary 579

Curson, Jonathan 53

Deverell, John 579

Gardiner, Ann . . 571

Index. 1063

Page
Naturalization of Foreigners — Concluded.

Gregoire, Barthoholmy de 572

Maria Theresa de 572

Maria de 572

Nicholas de 572

Prene de 572

Gregory, John 579

Moore, Alexander 579

Morris, Robert 5

Oliver, William 53

Pickraan, Benjamin 579

Poignand, David 579

Delicia 579

Pratt, William 579

Smith, Anna 579

Catherina 579

Elizabeth 579

Henry 579

Henry Lloyd 579

Isaac 579

Rebecca 579

Navigation act, governor's message relative to 924

Navigation and commerce, act regulating, suspended ... 36

Naval officer for the port of Boston, allowance to ... . 499

pay established 739

Naval officers', duties, continued 408

Naval officers, to settle accounts with, and make return to comptroller

general 703

to transmit accounts of fees to treasurer 740

Naval offices, established 557

fees regulated 558

Needham, town of, additional tax on 300

may pay treasurer's certificates into treasury .... 891

resolve on the petition of 693, 770

to be assessed for bridge 482

Negroes carried away by British, governor's message relative to . 954

Negroes not citizens of the United States, relating to 626

Nelson, Henry, relating to 373

Col. John, Indian guardian, may sell land .... 281

John, guardian of Plymouth Indians, relating to . 842

Neponset river, fish in, may be taken with seines .... 604

Neptune, Col. Joseph, relating to complaint by 366

New Bedford, town of, assessment of taxes regulated in . . . 860

incorporated 190

New Braintree, town of, treasurer to stay further execution against 876

New Brunswick officials, relating to seizure of vessels by . . 341

governor's message, relating to seizure of vessels by . . 924

1064 Index.

Page

New emission money tax, relating to 730

New Gloucester, relating to boundaries of . . . . . . 799

New Hampshire, state of, governor's message relative to maps of . 946

New Salem, part of, incorporated as Second Parish in Pelham . 20
New Salem, town of, act for incorporating a congregational society

in, repealed 609

New "Worcester, plantation of, incorporated as town of Orrington . 613
New York, state of, agents appointed to ascertain boundary line be-
tween Commonwealth and 19

agents to settle claims of Commonwealth to territory west of

Hudson's river, to agree with commissioners from . . 53
agents to settle controversy between this state and, gov-
ernor's message relative to 956

agreement entered into by agents of Commonwealth and state

of, to be recorded 794

boundary line between this state and, governor's speech rela-
tive to 979

boundary line between this state and, governor's message rela-
tive to commissioners on 984, 989

commissioners to determine boundary line between this state

and, time granted 219

commissioners on eastern boundary line between this state

and, to be notified of postponement of meeting . . . 333
governor's message relative to commissioners on eastern

boundary line, between this state and .... 919
governor's message relative to settlement of controversy be-
tween this state and, concerning lands west of Hudson's river 968
governor's speech relative to letter from governor of . . 992
governor requested to write governor of, relative to certain

persons lately engaged in rebellion 484

governor requested to write governor of, relative to western

lands 899

relating to commissioners on eastern boundary line of . . 873
report of agents for running boundary line between this state

and, governor's message relative to 995

report of committee to settle controversy between Common-
wealth and, relative to lands west of Hudson's river . . 459

Newashford, district of, relating to lands in 299

Newell, Hiram, to issue warrant 75

Hyram, relating to 851

Col. Timothy, relating to 973

Timothy, resolve on the petition of 821, 863

Newhall, Allen, land granted to 760

Nichols, John, farm, quitclaimed to 380

Norridgewalk, relating to Incorporation of 815

Northampton paper, all acts, etc., passed by legislature to be pub-
lished in . . . 445

Index.

1065

Northampton, relating to newspaper printed in .

Northborongh, town of, resolve on the petition of inhabitants of

Northfleld, town of, resolve on the petition of .

North Mills lottery, managers of, to proceed to drawing .

resolve relating to, repealed

North Parish in Maiden, John Dexter and others, set off from
North Yarmouth, town of, resolve on the petition of the select

men of

Norwood, Abigail, relating to ...

Gustavus, relating to

Notaries public, established

Note given by Michael Hilligas, relating to

Note, state, treasurer to give, in place of one lost

Notes, consolidated, treasurer to receive from William Pyncheon

depreciation, agents to determine value of, discharged

final settlement, paymasters to make return of

treasurer to issue new, in place of those forged
Notes and indents, army, to be received in payment of taxes
Noyes, David, resolve on the petition of

Mr., member of committee, appointed

Peter, resolve on the petition of
Number Five, plantation of, relating to
Nutting, Jonathan, resolve on the petition of
Nye, Joseph, and others, resolve on the petition

Joseph, relating to ... .

Stephen, member of committee

Zenos, relating to ...
Nye's plantation, relating to
Nyles, Jonathan, relating to

Page
804

280
386

788
894
566

445
686
686
557
19, 482
689
695
382
478
701
730
514
790
298
700, 743
381
891
353
279
892
815
870

368
591

Oath, administered by Thomas Vinson, legalized

form of debtor's

Oath of allegiance, town officers allowed more time for taking . 888

town officers to take 518

Offenders against the constitution, indemnity granted . Ill, 166, 176

relating to 528

Officers, artillery, pay established 494

of cadet companies, to be commissioned by governor . . 337
deceased, committee to settle with the army, to pay widows

and orphans of 312

of militia, acts confirmed 527

of parishes and precincts, appointments regulated . . . 21

in arms against government, relating to petition of . . 434

in the service, pay established 452

non-commissioned, and privates, pay established . . . 432

town, to take oath of allegiance 518

1066

Index.

Officers and soldiers, treasurer to pay orders of .

stationed in Worcester, Hampshire and Berkshire counties,
may receive payment from collectors

treasurer to issue orders in favor of .
Oil, bounty on, to be discontinued
Oliver, Peter, claims to estate of, relating to

Peter, Jr., claims to estate of, relating to

Thomas, absentee, relating to estate of

William, naturalized .

Orphans and widows of officers who fell

country, relating to
Orr, Hugh, may exhibit machines built by Kobert
Barr

Hugh, relating to

Hugh, resolve on the petition of
Orrington, town of, incorporated
Osgoorl, Joshua Bayley, relating to .
Otis, Harrison G., resolve on the petition of

Samuel A., allowance to .

Samuel Allin, allowance to
Otistield, plantation of, to choose assessors

relating to boundaries of .
Ott, Monsieur, relating to .
Overseers of the poor of Marblehead, to

by collectors ....
Oxford, town of, tax abated
Oysters, etc., act to prevent destruction of

in the service of their

and

demand monies received

Alexander

Page
742

547
876
800
363
363
856
53

502

546
497
835
613
303
372
, 855
517
454
799
951

378
761
593

Packard, Abel, allowance to 364

Abel, Jr., resolve on the petition of 305

Isaac, relating to 299

Page, Benjamin, relating to 436

James, relating to ... 999

John, resolve on the petition of 290

Paine, Anthony, relating to 574

Anthony, resolve on the petition of 532

John, relating to 574

Nathaniel, relating to 574

Robert Treat, attorney-general, allowance to . . . . 468

Timothy, relating to 574

Palmer, town of, road between Scott's bridge and Wilbraham line,

to be kept in repair by 693

Pamphlets, descriptive of the manufacture of potash and pearlash,

to be published 489

Parchment paper, and licensed vellum, relating to duties on . . 619

Index.

1067

Page

Parish, congregational, in Charlton, relating to 69

Parishes and precincts, regulated 21

Parker, Edward, allowance to . . 335

Jacob Lakin, relating to 436

Jona., treasurer to issue execution against .... 763

Jonathan, relating to 801

Jonathan, resolve on the petition of 896

Jonathan, Jr. , to appear and show cause 419

Mary, relating to 686

Oliver, relating to 883

Samuel, relating to 535

Samuel, resolve on the petition of 797

Titus, resolve on the petition of 282

William, relating to 686

Parks, Warham, land granted to 760

Parmenter, Jason, governor's speech relative to pardon of . . 994

Parsons, Edward, relating to estate of 486

Eli, relating to 515,679

Elihu, land granted to 760

Eliphalet, land granted to 760

Isaac, to issue warrant ........ 62

Jacob, land granted to 759

Mr., member of committee 715

Theophilus, allowance to 855

Theophilus, relating to 394, 460, 968

Theophilus, relating to letter from 956

"William, resolve on the petition of 486

Parsonfleld, town of, to be assessed 854

Partition of real estate 171

Partridge, Oliver, land gi-anted to 760

Patch, Ephraim, resolve on the petition of 814

Samuel, relating to 814

Pattee, Ezekiel, member of committee, appointed .... 809

Patten, John, and others, resolve on the petition of . . . . 809

Patten's Point, set off to town of Topsham 654

Patterson, Amos, land granted to 759

General, relative to troops under 966

Joseph, soldier, resolve on the petition of .... 769

Major General, relating to 914

Paymasters, continental army, to make return of final settlement

notes .... 478

regimental, allowance to, for services 473

Payne, Edward, relating to 568

Stephen, relating to 566

Payson, Rev. Phillips, relating to 587

Pay roll of Captain Samuel Buffingtou's company of cavalry, to be

examined 539

1068

Index.

Page

Pay rolls of the army under Major General Lincoln, relating to . 549

Pay rolls, secretary to furnish committee on accounts with . . 383

Peabody, Benjamin, resolve on the petition of 871

Peace, treaty of, with Great Britain, relating to .... 259

Pearce, David, resolve on the petition of ..... . 469

Pearlash and potash, relative to manufacture of ... 489

Pearson, Eliphalet, professor at Harvard college, allowance to . 307

Moses, relating to estate of 32

Pease, Abraham, resolve on the petition of 419

Abraham, relating to estate of 487,801

Peckman, James, relating to 190

Peeal, Indian, governor's message relative to murder of . . . 999

Peirce, Abiel, resolve on the petition of 785

John, relating to 574

Josiah, relating to 574

Oliver, relating to 574

Peirson, Benjamin, land granted to 759

Jeremiah Hayley, land granted to 759

Joseph, land granted to 759

Josiah Gilbert, land granted to 760

Nathan, land granted to 759

Pelham, part of, incorporated as Second Parish .... 20

Penalty for importing or transporting slaves 616

Penet, De Costa & Co., governor's message relative to money due . 942

relating to money due 864

Penobscot, allowance for ships lost at 786

siege of, relating to 488

Penobscot Indians, commissary general to procure blankets, etc.,

for 352, 359

commissioner to treat with, appointed 316

governor's message relative to 999

governor's message relative to report of commissioners to

treat with 938

relating to 488, 541, 953

relating to agreement with 359

relating to commissioners to treat with ..... 873

relating to complaint by 366

treaty with, confirmed 70

Penobscot, town of, incorporated 192

Penobscot river, relative to road from, to Scooduck river . . 862
Penobscot and Schooduck rivers, lottery for drawing townships be-
tween, postponed 449

Pensioners at Castle William, pay allowed 796

Pensioners on Castle island, relating to 447, 708

Pensioners, commissary of, relating to 769

to return names of pensioners able to do garrison duty . . 338

allowance to 750

Index.

1069

Pepoon, Silas, land granted to

Pepperall, Lady Mary, tax on lands of, abated .

William, tax on lands of, abated
Pepperell, town of, allowed further time to complete collection

tax

Pepperil, town of, resolve on the petition of
Pepperrelborough, town of, tax abated
Perjepcut company, relating to .
Perjury, penalty for conviction of

Perley, Enoch, relating to

Perly, Samuel, grant of land to, confirmed
Perry, Ebenezer, relating to ....

James, relating to

James, resolve on the petition of

Samuel, resolve on the petition of
Personal actions, limitation of .
Petersham, town of, execution against, suspended

warrants against, stayed ....
Pettit, Mr., member of committee
Phelps, Abisha, to appear and show cause .

Eliphalet, resolve on the petition of .

Oliver, right of preemption to western lands, granted to
Philadelphia, commissioners to convention at, appointed

delegates to convention at, allowance to .

governor's message relative to convention at
Phillips Academy, to be exempt from taxation .
Phillips, Ezra, resolve on the petition of .

Samuel, allowance to

Samuel, manager of lottery

Samuel, Jr., president of senate, allowance to

Samuel, Jr., president of senate, relating to

William, member of committee

William, relating to

Phiuney, Edmond, and others, resolve on the petition of

Pickman, Benjamin, naturalized ....

Pike, Nicholas, resolve on the petition of .

Pilsbury, Capt. Daniel, relating to

Pinckney, Mr. , member of committee

Pittsfield, relating to newspapers printed in

Pitston, town of, execution against, stayed

Pittston, town of, treasurer to credit, with sum of money

Pixley, David, land granted to

David, resolve on the petition of
Plainfield, district of, relating to dividing line .

relating to tax on

to show cause

310, 382

Page
759
358
358

764
401
297
496
592
747
799
811
479

801, 883
443
168
299
812
374
293
826
900
517
519

974, 975
509
792
517
100

452, 545
522
368
568
747
579
536
4S8
374
804
332

444, 476
759

771, 807
306
795
700

1070

Index.

700

Plantations :

Bakerstown, resolve on the petition of

Canaan, taxes abated ....

Hancock, taxes abated

Lewiston, taxes abated

Lewistown, resolve on the petition of

Limerick, incorporated as town of Limerick

Majorbigwaduce, incorporated as town of Penobscot

Massabesec, incorporated as town of Waterborongh

New Worcester, incorporated as town of Orrington

Number Five, relating to .

Nye's, relating to

Shapleighton, relating to . '

Sterlington, incorporated as town of Union

Sylvester, incorporated as town of Turner
to be assessed

Wales, to choose assessors

West Bowdoinham, incorporated as town of Bowdoin
Plantations in Lincoln county, to be provided with a minister
Plantations in the counties of York, Cumberland and Lincoln, to
choose assessors .......

Plum island, light houses to be erected on .

Plummer, Asa, relating to

Plymouth company, lands claimed by, relating to

Plymouth county, committee on absentees' estates, relating to

supreme judicial court for, adjourned

tax granted ....

treasurer's accounts for, allowed
Plymouth courts, adjourned
Plymouth harbor, light house, relating to
Plymouth Indians, guardian appointed

guardians of, may sell land
Plympton, town of, relating to .
Poignand, David, naturalized

Delicia, naturalized .
Policy of insurance, not signed by naval officer, to be null and void
Policies of insurance, etc., provision for enforcing payment of

duties on

Pollard, Thaddeus, to complete collection of tax .

Polls and estates, report on governor's message concerning tax on .

Pomeroy, Dr., relating to

Poole, Abijah, relating to

Pope, James, sentence of court martial against, reversed.

Pork, act regulating exportation of

Pork and beef, clause in act regulating the exportation of, repealed .

weight of barrel of, regulated . . .
Porter, Adam, resolve on the petition of

Eleazer, to issue warrant

Page
727
388
388
476
790
255
192
256
613
, 743
815
485
73
61
277
727
614
341

454

577
606
496
353
196
702
481
393
404
840
842
763
579
579
619

62
837
322
988
606
845
116
576
575
362
220

Index. 1071

Page

Porter, Rev. Eliphalet, relating to 587

Thomas, resolve on the petition of . . . . . . 457

Portifield, William, relating to 822

Portland, town of, part of Falmouth incorporated as ... 30

resolve on the petition of the selectmen of ... . 445

religious society in, incorporated ...... 606

Portland and Essex newspapers, secretary to publish resolve in . 800

Portland and Falmouth, treasurer of, relating to ... . 822

Potash and pearlash, clause in act regulating the exportation of,

repealed 576

relative to manufacture of 489

Potash and pearlash works, allowance to Aaron Brown for rebuilding 535

Potter, Amos, resolve on the petition of 811

John, resolve on the petition of 896

Powers, Isaac, to issue warrant 20

Pownalborough, town of, naval office to be established in . . 557

Pratt, "William, naturalized 579

Preble, John, relating to 870

Precincts, first and second, town of Leominster, to be united in one

parish 578

Precincts and parishes, regulated 21

Preemption, right of, to western lands, granted to Nathaniel Gor-

ham and Oliver Phelps 900

Prentice, Capt. John, to give deed of land 348

Prescot, Oliver, relating to 669

Preston, Benjamin, relating to 75,831

Priest, James, to appear and show cause 818

Priest, relative to conduct of a, towards Penobscot Indians . . 366

Prince, John, relating to 755

Printers to general court, pay established 289

treasurer to borrow money to pay 864

Probate bonds, proceedings on, and form of, regulated . . .173

Probate court in Lincoln county to be established .... 628

Probate courts in Hampshire county, places for holding . . . 222

Probate, judge of, fees established 228

county of Middlesex, to make out commission . . . 774

county of Middlesex, to recall decree 812

Worcester county, to revise settlement of estate of Timothy

Ruggles, absentee 402

Probate, register of, fees established 229

Processes in law, addition to act for rendering, less expensive . 257, 652
Proclamation, governor requested to issue, appointing a day of fast-
ing and prayer . 431

forbidding trespass on unappropriated lands in eastern counties 365

offering reward for apprehending ringleaders of the rebellion 433
warning persons against purchasing real estate from any one

concerned in rebellion 513

1072

Index.

Proclamation, governor requested to issue, publishing indemnity and
pardon

Proprietors, of Fryeburg, land confirmed to

of Maiden bridge, incorporated ....
of private ways and bridges, to keep them in repair
of several towns to exhibit boundaries of their claims
of Shepardsfield and Bakerstown, to appear and show cause
of slitting mill in Taunton, granted certain privileges .
of slitting mill in Taunton, act granting certain privileges to
revived

of townships Nos. 1, 2, 4, 5 and 6, allowed further
distribution

of the town of Washington, resolve on the petition

of Tyng's town, relating to
Prout, James, to appear and show cause
Provincetown lands, preservation of .
Provincetown, town of, tax abated
Prussia, governor's message relative to treaty w
Purchase, Thomas, relatiug to
Putnam, Daniel, resolve on the petition of.

Rufus, allowance to .

Rufus, commissioner, relating to

Rufus, manager of lottery, appointed

Rufus, member of committee, appointed

Rufus, relating to . .

Pyncheon, William, relating to .

William, resolve on the petition of .

time for

70.

Page

680
510
216

572
799
800
243

613

502
422
757
746
26
478
921
496
763
541
316
100
398
859
853
695

Quartermaster eastern department, allowance to .... 508
Quartermaster general, Amasa Davis, allowance to, for completing

settlement of accounts 785

allowance to, for expense incurred in suppressing rebellion . 533

discharged of a certain sum 843

governor's message relative to accounts of ... . 983

pay of, to cease 804

resolve on the petition of 686

relating to 820

relating to accounts for supplying troops under General Lin-
coln by 527

to allow pay for horses impressed into public service . . 707

to pass accounts for supplies 681

to settle accounts for ammunition ..... 786, 808

Quartermaster general's department, pay established . . . 536

Quartermaster and commissary general's departments, relating to . 789

Quoye, Jane, resolve on the petition of 438

Index.

1073

Rainsford's island, relating to

Randolph, Governor, governor's message relative to letter from
Rates established for settling with persons who furnished supplies

etc., to the army employed in suppressing rebellion
Rates and taxes, duties of collectors of, in cases of absconders

defined

Rations to be supplied to troops

Rawson, Edward, guardian of Grafton Indians ....

Timothy, to appear and show cause

Timothy, may re-enter action

Timothy, to show cause

Raymond, Joseph, land granted to

Paul, resolve on the petition of

Raymondston, plantation of, to choose assessors

Raymondstown, relating to boundaries of

Read, John, member of committee, appointed ....

John, resolve on the petition of

Real actions, limitation of

Real estate, justices of supreme judicial court, may license married
women to sell, in certain cases

mode of transferring, by deed ....

Nomi Roper may sell

partition of .......

of John Chandler, relating to .

of William Watson, relating to
Rebellion, allowance to commissary and quartermaster generals, for
expenses incurred in suppressing

declaration of, by the general court .....

governor's message relative to commissioners to promise in
demnity to certain persons concerned in

governor's message relative to enlistment of men for suppres
sion of

governor's speech relative to

militia engaged in suppressing, to be paid sums due them

persons concerned in, disqualified from serving as jurors

persons concerned in, who attempt to move out of this state
to be arrested

rates established for settling with persons who furnished sup
plies, etc., to the army engaged in suppressing

ringleaders of, resolve for apprehending, repealed

troops to be raised for suppression of
Rebels who have taken refuge in Vermont, relating to
Records of courts of justice, relating to . .
Reed, Elijah, soldier, allowance to ...

Israel, resolve on the petition of

278,

500
973

538

618
503
788
377
849
819
759
827
454
799
866
791
29

597
559
277
171
292
301

533

424

984

972

927
504
198

513

537
897
433
500
180
834
274

1074

Index.

epealed

Referees, determination of civil causes by .
Register of probate, fees established ....
Registers, county, fees established ....
Registers of courts to give bonds ....

of deeds to be chosen in county of Hampshire
Registry of deeds in Lincoln county, to be established
Rehoboth, town of, regulation of fisheries in streams and rivers in

Representatives, list of

Revenue, from duties of impost and excise, appropriated

for support of light houses, relating to .

public, addition to act for raising, by excises .

part of clause in act to raise, by excise, r

to be raised by excises

to be raised by impost
Review, privilege of, in civil actions
Rice, Elisha, relating to

Joel, resolve on the petition of

Lemuel, relating to .

Major, relating to

Silas, resolve on the petition of

Stephen, and others, allowance to

Thomas, allowance to

Thomas, commissioner, appointed .

Thomas, relating to .
Rich, Zacheus, relating to .
Richardson, Benjamin, relating to estate of

Benjamin, resolve on the petition of.

Jeduthun, may turn the water of Richardson's r
canal

Jonathan, relating to land of .

Paul, resolve on the petition of

Rebecca, relating to land of

Rebecca, resolve on the petition of
Richardson's river, waters of, may be turned into canal
Rider, Asa, released from ministerial taxes
Ridgway, Samuel, and others, may sell lands
Ringleaders of rebellion, resolve for apprehend
Riots, routs, etc., provision for preventing
Road between Scott's bridge aud Wilbraham line, to be kept

pair by town of Palmer .
Robinson, Capt. James, relating to

Joshua, relating to ... .
Rochester, town of, catching fish in, regulated

naval office established
Rochester, Third Parish in, resolve on the petition of inhabitants of

Rockwell, Abner, land granted to

Rockwood, Ebenezer, may enter action against Timothy Goodell

repealed

iver into

266

581

70,
745, 838,

Page
55
229
237
180
220
626
11
664
116
193
655
581
130
117
200
830
821
574
973
401
335
541
316
850
75
820
826

580
580
810
580
820
580
672

77
897

692
764
606
599
557
804
760
851

Index.

1075

Rockwood, Ebenezer, to appear and show cause

Rocky Mountain, bridge over Deerfleld river to be built at

Rogers, John, minor, relating to

Silence, relating to ......

William, resolve on the petition of .
Rogues, vagabonds, etc., houses to be built for the confinement

Roper, Nomi, resolve on the petition of

Routs, riots, etc., provision for preventing
Rowe, John, and Sarah Shaw, resolve on the petition of .
Rowe, town of, resolve on the petition of the selectmen of
Roxbury, town of, treasurer to suspend issuing executions a;

assessors of .....
Roxbury and Boston boundary line, confirmed .
Royal, Isaac, absentee, relating to
Royall, Isaac, absentee, relating to estate of
Rudberg, John Nicholas, and others, naturalized
Ruggles, Benjamin, relating to estate of

Timothy, absentee, relating to estate of .
Runnells, Samuel, relating to ....
Russell, Benjamin, to issue warrant .

John, resolve on the petition of

Thomas, and others, proprietors of Maiden
porated

Thomas, resolve on the petition of .

Thomas Greaves, may change name .

bridge, incor

ainst

402

Page

779

868
868
868
623
277
87
376
718

791
260
816
512
241
311
871
870
563
694

216
304
567

Sackett, Adnah, relating to

Saco river, regulation of fisheries in .

Sail cloth and duck, bounty on, granted

Sailors, French, act to prevent desertion of

Salary, governor's, general court's address, relative to

governor's message relative to .

resolve for paying

Salem and Beverly, certain persons incorporated to build

tween

Saltpetre, to be received for payment of taxes .
Sampson, Crocker, relating to ....
Sanderson, Abner, relating to . .

Sandford, Thomas, relating to

Sandford, town of, relating to land annexed to .
Sandwich, town of, act to prevent destruction of oysters
shell fish in the harbors, etc., of .

relating to

tax abated ........

Sargeant, Erastus, land granted to ...

9
bridge be

and

other

783
24
881
242
701
6, 991
539

582
400
373
350
606
197

593

S91
297
760

1076 Index.

Page

Sargeant, Ezra, allowance to 514, 544

Sargent, Epes, relating to estate of 889

Nathaniel Peaslee, resolve on the petition of . . . . 893

Savary, Peter, relating to 942

Scarboro', relating to lands in Second Parish of .... 560

Scarborough, town of, relating to 764

School farm, Dorchester, relating to . . . . . . . 880

School, grammar, in Ipswich, law regulating 173

Schooduck and Penobscot rivers, lottery for drawing townships be-
tween, postponed 449

Scituate, town of, part of, commonly called Two Mile, annexed to

town of Marshfield 601

Scott, Ann, resolve on the petition of 689

John, relating to 606

Scott's bridge and Wilbraham line, road between, to be kept in repair

by town of Palmer 692

Scooduck river, relative to road from Penobscot river to . . . 862
Seabury, Margaret, resolve on the petition of . . . . 754, 853

Second Church in Boston, title to certain lands, confirmed to . . 76

Second Parish, in Amherst, resolve on the petition of 898

of Springfield, divided into two parishes 54

in Scarboro', relating to lands in 560

in Worcester, incorporated 574

Second and first precincts, town of Leominster, to be united in one

parish 578

Secretary of the Commonwealth, allowance to . . . . 342, 470

to deliver certain original papers to John Taylor . . . 726

to furnish committee on accounts with pay rolls . . . 383

to furnish vouchers to committee for methodizing accounts . 733

to give certificates of payments of beef tax .... 790
to inquire into accounts of Jasper Mauduit . . . .319
to notify commissioners on eastern boundary line between this

state and New York, of postponement of meeting . . 333

to publish additional excise laws 346

to publish apportionment of tax 323

to publish acts, etc., passed by legislature, in certain news-
papers 694

to publish acts, etc., passed by legislature, in Northampton

paper 445

to publish resolve in certain newspapers 804

to publish resolves in the Independent Chronicle . . . 718

to publish resolve in Portland and Essex newspapers . . 800

to publish resolves passed by general court .... 548

to purchase journals 273

to record agreement entered into by agents of Commonwealth

and state of New York 794

treasurer to borrow money to pay 789

Index.

1077

resolve on the

to conven

etc.

belonging

Secretary's office, fees established in .

clerks in, treasurer to borrow money to pay

provision made for payment of clerks in .
Securities, continental, relating to exchange of .
Securities, government, bounty on, discontinued

treasurer to give, in place of notes lost .

treasurer to receive, from Benjamin White
Securities, public, relating to ...
Sedition, prosecutions for, prohibited
Sedgwick, Mr., member of committee, appointed

Mr., resolve on letter received by

Theodore, resolve on the petition of .
Selectmen, in certain towns, in county of Cumberland
petition of ...

of several towns, acts of, legalized

of towns, to call meeting for choosing delegates
tion at Boston

of towns, to furnish vouchers to committee for methodizing
accounts

of towns, to make return of all tools, stores
to Commonwealth .....

penalty for neglect of duty by .

district of Carlisle, resolve on the petition of
Selectmen, town of Adams, resolve on the petition of

Almsbury, resolve on the petition of

Biddeford, to make warrant

Boston, resolve on the petition of

Bristol, resolve on the petition of

Bowdoinham, resolve on the petition of

Dartmouth, resolve on the petition of

Cummington, resolve on the petition of

Georgetown, resolve on the petition of

Gray, resolve on the petition of

Groton, resolve on the petition of

Hancock, resolve on the petition of

Harwich, to sell land .

Holden, resolve on the petition of

Kittery, resolve on the petition of

Lebanon, resolve on the petition of

Marlborough, resolve on the petition

Mendon, l'esolve on the petition of

Monson, resolve on the petition of

Natick, resolve on the petition of

Parsonfleld, resolve on the petition of

Petersham, resolve on the petition of

Pittston, resolve on the petition of .

Peppered, resolve on the petition of.

Page
236, 659
864

727
379
338
689
494
367
733
715
668
724

445

684

741
733

406
608
846
883
797
357

355, 523
704
291
879

743, 795
802
799
744
772
438
472
810
485
762
805
692
794
854
812
444
764

1078

Index.

allowed further time for

s aud estates .
lands of Common

Selectmen, town of Reading, may remove Timothy Brown to Boston

Rowe, resolve on the petition of

Shapleigh, to assess polls and estates

Templeton, resolve on the petition of .... 781,

Washington, resolve on the petition of

Westminster, to call a meeting .

Weymouth, to receive tax bills .

Windsor, resolve on the petition of

Woolwich, resolve on the petition of

Senators, list of 265,

Sequestration, committee of, relating to
Sergeant, Moses, may file complaint .
Settlers in townships Nos. 1, 2, 4, 5 and 6,
paying proprietors .

Sever, Mary, relating to 278,

Sewall, Dummer, allowance to .

Seymour, Ira, land granted to

Shallop Polly, to be delivered to David Pearce

Shapleigh, town of, selectmen of, to assess poll

John Hill to examine lines between, and
wealth

relating to land annexed to
Shapleighton, plantation of, relating to
Sharon, town of, may sell land ...

resolve on the petition of the inhabitants of
Shattuck, Abraham, resolve on the petition of

Job, governor's speech relative to pardon of

Job. relating to .
Shaw, Daniel, to issue warrant .

Francis, relating to will of

Joshua, resolve on the petition of

Sarah, and John Rowe, resolve on the petition of
Shawanese Indians, governor's message relative to treaty with
Shays, governor's message relative to letters from, to General
Lincoln

Daniel, relating to 515,

Daniel, and others, resolve for apprehending, repealed
Sheep island in county of Lincoln, grant of, to Joseph and George

Tyler, confirmed conditionally ....
Sheffield, town of, to be credited with sum in specie .
Sheldon, Thomas, resolve on the petition of
Shepard, General, conduct of, approved ....

General, governor requested to send sum of money to

General, relating to 474,

General, relative to troops under

James, relating to

Page
810
718
897
890
843
333
314
338
472
663
442
276

502
292
473
759
469
897

457
198
485
880
845
717
994
436
610
376
717
376
920

965

679

897

858
362
893
430
456
671
966
766

Index. 1079

Page

Shepard, Major General, relating to 914

Maj. Gen. William, resolve on the petition of . . . . 536

Mr., member of committee 365,428

Shepardsfteld, relating to boundaries of 799

Sherburu, town of, line abated 685

Sherburne, Joseph, relating to estate of 371

Sheriff, of Berkshire county, treasurer to suspend issuing execution

against 772

of Essex county, to stay execution against Charles Furbush . 738
of Hampshire county, governor's message relative to letter

from 989

of Lincoln county, to return executions against certain towns 805 ,

Sheriffs', fees established 233

penalty for neglect to return votes by 608

to release collectors from jail 809

Sherman, James, assistant to quartermaster eastern department,

allowance to 508

Ship, Boston Packet, relating to 304

Ships, Black Prince and Hector, allowance for loss of 786
Shutesbury, town of, assessors of the, to assess a certain part of the

town of Wendell 570

resolve on the petition of 757

Shurtleff, Francis, resolve on the petition of 763

Francis, member of committee ...... 279

Sidney, Lord, relating to 945

Silver and copper, governor's message relative to coinage of . . 916

Silver and gold coin, counterfeiting, or uttering counterfeit . . 33

Silver, gold, etc., coinage of 71

Simpson, Daniel, relative to land of 198

Jonathan, relating to 380, 534, 889

Jonathan, to show cause ........ 361

Jonathan, Jr., and others, proprietors of Maiden bridge, incor-
porated 216

Jonathan, Jr., resolve on the petition of 889

Skinner, Thompson J., member of committee, appointed . . 773, 870

Skins, exportation of green calf, relating to 658

Slave trade, African, act to prevent 615

Slitting mill in Taunton, act granting certain privileges to pro-
prietors of, revived 613

proprietors of, granted certain privileges .... 243

Sloan, Mary, relative to farm of 20

Smead, David, member of committee 331

David, to issue warrant 221

David, to sell land 378

Smead's island, protection of lands on ...... 66

Smith, Anna, naturalized 579

Benjamin, may sell land 275

1080

Index.

Page

Smith, Bradyll, relating to estate of 336, 669

Catherina, naturalized 579

David, and others, naturalized 241

Elizabeth, naturalized 579

Henry, naturalized 579

Henry Lloyd, naturalized 579

Hezekiah, resolve on the petition of . . . . . . 676

Isaac, naturalized 579

John, relating to 574

John, to be paid wages due 471

Joseph, member of committee 353

Melancton, relating to 460

Mr., member of committee 374

Rebecca, naturalized 579

Seth, resolve on the petition of ...... 848

Simeon, relating to 336

Stephen, resolve on the petition of 297

Rev. Thomas, relating to 606

Lieut. Col. William, relating to 679

Snelling, Elizabeth, resolve on the petition of . .... 712

Jonathan, relative to estate of . 712

Snow, Jacob, relating to 574

Society, congregational, act incorporating, in New Salem, repealed 609

congregational, in New Salem, incorporated .... 609

for propagating the gospel, incorporated 586

religious, in the town of Portland, incorporated . . . 606

Soldiers, at Castle island, resolve on the petition of . . . . 670

and officers' orders, treasurer to pay 742

and officers, stationed in Worcester, Hampshire and Berkshire

counties, may receive payment from collectors . . . 547

and officers, treasurer to issue orders in favor of 876

Somers, Thomas, resolve on the petition of 497

Soper, Capt. Amasa, relating to 834

Southboro', town of, relating to 756

South Parish in Maiden, John Dexter and others, set off to . . 566
South Parish of the town of Greenwich, part of Greenwich and

Belchertown to be called the 556

Southwick, Solomon, allowance to 298

Sowerdabscook, township of, relating to 862

Sparke, Samuel (see Sprake) 812

Speau, Lydia, resolve on the petition of 446

Spear, Joseph, relating to 811

Pool, to show cause 811

Specie taxes, provision for easier payment of 90

Specie imports of produce and manufactures, relating to . . . 320
Speech of governor at opening of May session, 1786, relative to

western territory, Harvard college, and public debt . . 905

Index. 1081

Page

Speech of Gov. John Hancock, at the opening of May session, 1787 . 986
relative to lands of Commonwealth, tax, Luke Day, and con-
stitution of the United States 996

relative to letter from governor of New York, constitution of

the United States, troops, pardon, tax, and mint . . . 992
relative to measures for suppression of insurrection in certain

counties 959

relative to rebellion 927

relative to Thomas Ivers, boundary line between this state
and New York, troops, and requisition of congress . . 978
Speech of Lieut. Gov. Thomas Cushing, at the opening of May ses-
sion, 1787 987

Spooner, Maj. John Jones, resolve on the memorial of 494

Nathaniel, relating to 190

Sprague, Israel, relating to 75

Phineas, relating to 566

Phineas, Jr., relating to 566

Samuel, relating to 566

Sprake, Isaac, resolve on the petition of 812

Samuel (see Sparke), relating to estate of .... 812

Springfield, Second Parish of the town of, divided into two parishes 54

relating to newspapers printed in 804

Sprout, Zebedee, member of committee 353

Squantum, town of Dorchester, preservation of marshes in . . 653

Standish, town of, taxes abated 296

Stanhope, Captain, governor's message relative to . . . 944

Stanten, John, relating to 574

Stanton, Sarah, relating to 278, 292

Starkweather, William, resolve on the petition of . . 299

State convention, members of, treasurer to borrow money to pay . 864

State executions, relating to issue of 313

State house, Boston, delegates to be chosen to convention at . . 740

to be repaired 534

prevention of disturbances about the ..... 6

State land lottery, resolve on the representation of managers of . 691

State note, treasurer to give, in place of one lost .... 689

State tax of £65,000 4s. apportioned and assessed .... 628

St. Croix river, territorial claims, relating to 341

Stearns, Dr. Samuel, relating to 833

Samuel, resolve on the petition of 711

Timothy, relating to 335, 762

Stephens, Thomas, resolve on the petition of 539

Sterling, town of, may choose collector 826

Sterlington, plantation of, incorporated as town of Union „ . 73

Stevens, Abraham, relating to 606

Jacob, resolve on the petition of 831

Stimson, Samuel, relating to 850

1082

Index.

800
759
434

293, 837
816
290

373, 587
406
480

Stinson, Samuel, to show cause .

Stoddard, Orringh, land granted to

Stone, Francis, paper signed by, relating to

Joseph, resolve on the petition of

Micah, resolve on the petition of
Store houses in Waterbury and Sudbury, relating to .

Storer, Ebenezer, relating to

Stores, tools, etc., belonging to Commonwealth, relating
Storey, William, judgment in favor of, i*eversed
Stoughton, town of, may sell land ....

resolve on the petition of the inhabitants of .
Stow, Simon, account of, referred ....

Simon, allowance to

Simon, discharged of sum of money
Stow, town of, resolve on the petition of .
Stowell. Abel, relating to .

Cornelius, relating to

Peter, relating to

Thomas, relating to .
Stowers, John, relating to .
Strong, Ashbel, land granted to. .

Caleb, agent

Caleb, allowance to .

Caleb, member of committee

Caleb, relating to
Sudbury and Waterbury, relating to store houses in
Suffolk, county of, tax granted ....
Suits, criminal, provision for payment of costs in
Sullivan, Ebenezer, relating to .

James, relating to ....

James, relating to letter from .

James, resolve on the petition of

John, resolve on the petition of
Sumner, Increase, relating to ...
Superintendent of Indian affairs, John Allan, resolve on the petition

Supreme judicial court, appeal from judgment of court of common
pleas to

clerks' fees established .....

for Berkshire county, time and place for holding

for county of Middlesex, adjourned .

in Hampshire and Berkshire counties, time for holding

judges of, to grant affirmation of judgment

judges of, treasurer to borrow money to pay

justices', fees established ....

justices of, may license married women to sell real estate in

certain cases 597

845
408
437
437
755
574
574
574
574
574
759

19, 331
519, 549

. 428

378, 517

290

. 792
607

. 801
394, 460, 968
956
534, 712
276

. 587

860

399
231
390
882
194
356
864
231

Index. 1083

Page
Supreme judicial court, justices of, to appoint assistant attorney-
general 477

justices of, to examine and allow certain accounts . . . 783

justices of, treasurer to borrow money to pay .... 789

relating to 368

Taunton, relating to 365

two or more justices of, may hold sessions in the counties of

Cumberland and Lincoln 555

Surveyors of highways to be chosen 247

Swan, James, relating to account of 705

James, resolve on the petition of 738, 791

Samuel, Jr., and others, proprietors of Maiden bridge, incor-
porated ■ 216

Swett, Jonathan, relating to 606

Sylvester, David, member of committee, appointed .... 809

Mr., member of committee, appointed 790

Sylvester, plantation of, incorporated as town of Turner ... 61

to be assessed 277

Taft, Reuben, relating to 479

Talbot, George, resolve on the petition of 739

Tarr, Seth, relating to 802

Taunton, town of, act granting certain privileges to proprietors of

slitting mill in, revived ........ 613

proprietors of slitting mill in, granted certain privileges . 243

Taunton, supreme judicial court, sitting at, relating to 365

Tax, additional, on town of Needham 300

apportionment of 323

bills, selectmen of town of Weymouth, to receive . . . 314

Tax granted, county of Barnstable 754

county of Bristol 785

county of Cumberland 284, 773, 898

county of Essex 734

county of Middlesex 444

county of Suffolk 792

county of York 477, 784

United States by Commonwealth 37

Tax, governor's speech relative to 994, 997

new emission money, relating to ..... . 730

number one, relating to 731

number two, relating to 731

number two, town of Pepperell allowed farther time to com-
plete collection of 764

number three, relating to 731

number four, time for payment of, postponed .... 761

1084

Index.

ve to

Tax number five, relating to 690

number five, relating to specie part of

number five, time for payment of, postponed .

number six, treasurer not to issue any paper security on

on polls and estates, report on governor's message relati
Tax on town of Almsbury, abated

Biddeford, relating to

Buxton, abated ....

Fryeburg, abated

Oxford, abated ....

Ware, abated ....
Tax, state, apportioned and assessed .

town of Georgetown, to be credited with

treasurer to receive soldiers' orders in payment of .
Taxes, assessment of, in towns of New Bedford and West Po

due town of Groton, relating to ... .

execution against Petersham, for deficiency in, suspended

ministerial, town of Holliston, released from .

on district of Plainfield, relating to .

-on lands of Mary and William Pepperall, abated

on plantations of Canaan and Hancock, abated

on several towns in county of York, abated

on town of Belfast, remitted

Cummington, abated .

Cummington, relating to .

Gray, abated ....

Lebanon, abated

Northfield, relating to

Provincetown, abated

Shutesbury, abated .

Standish, abated

Wareham, abated

Watertown, relating to
Taxes, on unappropriated lands in eastern counties, r

people urged to immediate payment of

provision for the easier payment of specie

sales of land for payment of, to be advertised in certain
papers

saltpetre to be received for payment of

treasurers' certificates to be received for
Taxes and rates, duties of collectors of, in cases of absconders, defined
Taylor, Gilham, liberty to enter action, granted

Capt. Holloway, relating to

John, judgment in favor of, declared null and void

John, resolve on the petition of ....

John, secretary to deliver certain original papers to
Templeton, town of, resolve on the petition of selectmen of . 781

elating to

Page
, 707
731
761
869
322
797
357
699
894
761
769
628
508
702
860
436
299
672
306
358
388
297
388
743
306
799
485
386
478
757
296
511
288
398
440
90

694
400
295
618
782
860
360
725
726
, 890

Index. 1085

Page

Templeton and Athol, part of, incorporated as town of Gerry . . 74
Ten and Three Mile rivers, in county of Bristol, preservation of

fish in 602

Thacher, Joseph, member of committee, appointed .... 809

Mr., member of committee, appointed 790

Rev. Peter, chaplain of general court, allowance to . . 889

Rev. Peter, relating to 587

Thatcher, George, allowance to 751

George, relating to 419

Peter, chaplain of general court, allowance to 494

Thayer, David, relating to 868

Ebenezer, Jr., member of committee, appointed . . . 835
Levi, resolve on the petition of . 360, 377, 798, 819, 849, 868

Mr., secretary to purchase journals of 273

Third Parish in Rochester, resolve on the petition of the inhabitants

of 804

Third Parish of West Springfield, part of Second Parish of Spring-
field, to be known as 54

Thomas, Amos, relative to farm of 20

Hannah, light house keeper, salary established . . . 404

Isaiah, relating to 574

Isaiah, resolve on the petition of 468

Stephen, relating to ........ 606

Waterman, quartermaster eastern department, allowance to . 508

Waterman, relating to 488

Thompson, Isaac, relating to 871

Joseph, resolve on the petition of 706

Samuel, appointed to establish lines on lands of Bartholomew

de Gregoire 819

Samuel, relating to 581,809

Samuel, resolve on the petition of 817

Thomson, Thaddeus, laud granted to 760

Thomdike, Israel, relating to 583

Thrasher, John, relating to 606

Three and Ten Mile rivers, in county of Bristol, preservation of fish

in 602

Thurston, Paul, resolve on the petition of 401

Thwing, Samuel, member of committee, appointed .... 797

Tileston, Lemuel, resolve on the petition of 302

Onesiphorous, allowance to 335

Tiley, John, to show cause 509

Tilton, John, execution against, stayed 524

Titcomb, Benjamin, resolve on the petition of 298

Major General, relating to 913, 957

Samuel, relating to 276

Tobacco, commissary general to sell 765

Tobey, Isaac, resolve on the petition of 685

1086 Index.

Tobey, Mr. , member of committee 369

Samuel, resolve ou the petition of 367

Toll established, over bridge to be built between Salem and Beverly 584

over Deerfleld river bridge 63

over Maiden bridge 218

Tools, stores, etc., belonging to Commonwealth, relating to . . 406

Topsham, town of, Patten's Point set off to 654

relating to 809

Torrey, Ebenezer, relating to 852

Ebenezer, resolve on the petition of 455

Ebenezer, Jr., relating to 852

Stephen, resolve on the petition of 852

Joseph, relating to 574

Towns :

Adams allowed further time for discharge of taxes . . 883

Almsbury, tax abated 797

Amherst, resolve on the petition of Second Parish in . . 898
Athol, Ebenezer Knight, Jacob Stevens and Isaac Knight set off

to 831

to be assessed 833

Barre, fine abated 685

to revive suit against town of Southboro' .... 756

Bath, to be assessed 803

Belchertown, part of, to be included in town of Greenwich . 556

Belfast, taxes remitted 388

Biddeford, tax abated 297

Blanford, tax abated 298

Bolton, relating to support of poor in 620

Boston, fine abated 355

relating to fire in 523

Bowdoin, incorporated 614

Bowdoinham, Patten's Point set off from 654

relating to 809

tax abated 291

Bristol, resolve on the petition of the selectmen of ... 704

treasurer to credit, with sum of money .... 780

Buckland, tax abated 696

to pay fine 773

Buxton, tax abated 297, 699

Chester, fine abated 352

Chesterfield, execution against, discharged .... 688

Coxhall, taxes abated 405

Cummington, certain lauds annexed to 614

dividing line of, relating to 306

relative to east line of . . . . . . .671

resolve on the petition of the selectmen of . . . . 795

tax abated . 743

Index.

1087

Towns — Continued.

Cummington, to show cause

Dartmouth, part of, incorporated as town of New Bedford

part of, to be incorporated as town of Westport

relating to

resolve on the petition of the selectmen of
Dedham, relating to bridge over Charles river

resolve on the petition of

to show cause

Dorchester, may sell land ....

preservation of marshes in . .
Dunstable, resolve on the petition of
Eastham, resolve on the petition of .
Falmouth, First Parish of, relating to tax on
Falmouth, tax abated ....
Fitchburg, treasurer to recall execution against
Framingham, relating to .
Franklin, sum of money granted to .
Fryeburg, tax abated ....

Gardner, relating to

Georgetown, credited with tax .

resolve on the petition of the selectmen of

to be assessed

Gerry, incorporated

relating to

to appear and show cause

to be assessed

Goshen, to pay amount due on requisitions

Gray, tax abated

Greenwich, to be divided ....
Groton, to choose collector
Hallo well, taxes abated ....
Hancock, relating to .

resolve on the petition of the selectmen of

Harvard, relating to

Harwich, catching of fish in streams in, regulated

fine abated

selectmen of, to sell land
Hoklen, fine abated

to choose collector . . . . .
Holliston, certain inhabitants of, released fr<

taxes

Hopkinton, execution against, stayed

treasurer to recall execution against
Kittery, resolve on the petition of the selectmen of
Lebanon, relating to land annexed to

tax abated ......

to assess tax on lands for ministerial charges

om ministerial

436

402

Page
700
190
561
860
879
770
482
693
880
653
680
, 835
298
514
763
881
481
894
847
508
802
814
74
781
890
833
688
799
556
744
274
888
772
837
563
671
438
300
472

672
510
714
810
198
297
222

1088

Index.

Two Mile, an

Towns — Continued.

Lenox, fine abated

Leominster, first and second precincts in, to be united in one
parish

relating to

Limerick, incorporated

Longmeadow, gore of land annexed to

Ludlow, assessed ....

Lymeric, tax abated ....

Lynn, fine abated ....

Maiden, John Dexter and others set off to South Parish in

Marblehead, relating to collectors of

resolve on the petition of
Marlborough, fine remitted

resolve on the petition of selectmen of
Marshfielcl, part of Scituate commonly called

nexed to

Medfield, resolve on the petition of .

to be assessed for bridge
Mendon, execution against, stayed .
Middleboro', assessment on, to be valid
Monson, resolve on the petition of selectmen of
Myrifleld, relating to .
Natick, execution against, stayed
Needham, additional tax assessed on

may pay certificates into treasury ,

resolve on the petition of

to be assessed for bridge
New Bedford, assessment of taxes in, regulated

incorporated .........

New Braintree, treasurer to stay further execution against
New Salem, act incorporating a congregational society in, re
pealed

part of, incorporated as Second Parish in Pelham
Northborough, execution against, stayed ....
Northfield, tax abated
Orrington, incorporated

een Scott's bridge and Wilbraham

Oxford, tax abated
Palmer, to keep road betwt

line in repair .

Parsonfield, to be assessed

Pelham, part of, incorporated as Second Parish
Penobscot, town of, incorporated ....
Pepperell, further time allowed for collection of tax

Pepperrelborough, tax abated

Pepperril, further time allowed for collection of taxes
Petersham, execution against, suspended

warrants against, stayed

Page
876

578
762
255
578
793
297
471
566
378
755
331
762

601
693
482
805
894
692
719
794
300
891
693, 770
482
860
190
876

609
20
280
386
613
761

693
854
20
192
764
297
401
299
812

Index.

1089

town

Towns — Continued.

Pitston, execution against, stayed

Pittston, to be credited with sum of money

Plympton, relating to ....

Portland, religious society in, incorporated

Pownalborough, naval office established .

Provincetown, tax abated ....

Reading, selectmen of, may remove Timothy Brown to Boston

Rochester, catching fish in, regulated

naval office in, established ....

relating to Third Parish in ...
Rowe, resolve on the petition of the selectmen of
Roxbury, treasurer to suspend executions against assessors of
Sandford, relating to land annexed to

tax abated ........

Sandwich, relating to

Scarborough, relating to assessors of

Scituate, part of, commonly called Two Mile, annexed to

of Marshfield

Shapleigh, relating to land annexed to

selectmen of, to lay assessment on polls and estates
Sharon, may sell land

resolve on the petition of the inhabitants of
Sheffield, credited with sum in specie

Sherburn, fine abated

Shntesbury, assessors of, to assess a certain part of the
of Wendell

taxes abated ........

Springfield, Second Parish in, divided into two parishes

Southboro', relating to

Standish, tax abated

Sterling, may choose collector

Stoughton, may sell land

resolve on the petition of the inhabitants of.
Stow, resolve on the petition of inhabitants of
Templeton, resolve on the petition of the selectmen of
Topsham, Patten's Point annexed to

relating to

Turner, incorporated ....
Union, incorporated ....
Washington, allowance to proprietors of

resolve on the petition of the selectmen
Ware, fine abated ....

tax abated

Wareham, tax abated

time extended for payment of tax .
Waterborough, incorporated
Watertown, relating to taxes in

332
444, 476
763
606
557
478
810
599
557
805
718
791
197
297
891
764

town

601
198
897
880
845
362
685

570

757

756

296

826

880

845

755

81, 890

654

809

422

843

892

769

511

256

288

1090

Index.

allegiance

Towns — Concluded.

Wells, tax abated 297

Wendell, assessors of the town of Shutesbury, to assess a
certain part of the

Westminster, selectmen of, to call a meeting .

West Port, assessment of taxes in, regulated .

Westport, incorporated

West Springfield, Third Parish in, incorporated

West Stockbridge, relating to .

Weymouth, selectmen to receive tax bills
taking and disposing of fish in, regulated

Williamsburgh, tax abated . . ...

Winchendon, relating to

Windham, resolve on the petitiou of

Windsor, assessments ratified ....
notices by selectmen of, confirmed
to show cause

Woolwich, tax abated

Worcester, a certain number of inhabitants in, incorporated

as Second Parish

Town clerks, penalty for neglect of duty by

Town officers, allowed more time in which to take oath of

of several towns in Commonwealth, acts legalized

to take oath of allegiance

Towns in county of Lincoln, resolve on the petition of
Township number one, east of Penobscot river, relating

east of Union river, relating to .

of Kenduskeeg, relating to ... .

Sowerdabscook, relating to ...
Township number two, east of Union river, relating to

east of Penobscot river, relating to .
Township, number three, granted conditionally to David
others

number four, on Blue Hill Bay, relating to

number five, on Blue Hill Bay, relating to

number six, lying on Union river, relating to .

number seven, lying on Union river, relating to

number twelve, granted conditionally to John Allan

of Cambden, relating to .

of Frankfort, relating to .
Townships between Penobscot and Schooduck rivers, lottery for
drawing, postponed

relating to road through

Townships, Nos. 1, 2, 4, 5 and 6, relative to settlers in

maps of, to be sold by lottery, to be distributed

resolve on the petition of non-resident proprietors
Trade commissioners, appointed .....
Travis, Daniel, and others, resolve on the petition of

Marsh and

of six

Page
485

570
333
860
561
54
285
314
604
387
847
755
285
338
700
472

573
608

888
684
518
805
862
862
862
862
862
862

414
862
862
862
862
869
862
862

449
862
502
517
342
286
806

Index.

1091

Treadwell, William, relating to •

Treason, persons confined in jail for, in the counties of Hampshire,
Worcester, and Berkshire, may be admitted to bail

persons guilty of, relating to

Treasurer, allowance to

not to issue any paper security on tax number six .

provision for repaying money borrowed by

to borrow £40,000

to borrow money to pay agents

to borrow money to pay clerks, messengers, etc.

to borrow money to pay delegates in congress

to borrow money to pay expenses of rebellion .

to borrow money to pay general court, etc.

to borrow money to pay governor and council, general
etc

to borrow money to pay members of general court .

to borrow money to pay troops ....

to borrow money for use of commissary general .

to credit plantation of Lewiston with sum of money

to credit town of Boston with fine ....

to credit town of Georgetown with tax .

to credit town of Northampton with sum of money

to credit town of Pittston with sum of money

to discharge execution against Hezekiah Fay .

to discharge warrant in favor of Hon. Timothy Edwards

to discharge warrants in favor of persons whose accounts

have been allowed

to draw orders in favor of members of general court

to exchange continental securities

to furnish vouchers to committee for methodizing accounts

to give bond

to give discharge to John Hancock, for balance due on note
to give government securities in place of notes lost

to give note to Samuel Hewes

to give note to Timothy Newell

to give state note in place of one lost ....
to issue alias executions against constables and collectors
to issue certificate to Nathaniel Peaslee Sargent

to issue certificates for pensioners

to issue execution against Jona. Parker ....
to issue new notes in place of those forged

to issue note to Ezra Phillips

to issue notes to Joseph Thompson

to issue and deliver notes to John Ackley

to issue orders on collectors in favor of members of general

court

to pay accounts allowed by committee

Page
574

456
176
342
869
749
166
394
743
751
445
545
court,

788, 863
400
691
430
476
355
508
386
444, 476
787
690

879
875
379
733
521
483
689
287
821
689
729
893
295
763
701
792
706
279

713

820

1092

Index.

Page

549

848
451
742
767
820
822
515
780
458
763
714
768

822
180
695
807

285
494

Treasurer, to pay commissioners to convention at Philadelphia cer-
tain sums .......

to pay interest on certain notes

to pay members of general court out of specie tax

to pay officers' and soldiers' orders .

to pay Solomon Allen a sum of money

to pay trustees of Harvard College money due on

to pay warrants to Henry Jackson .

to recall execution against David Noyes .

to recall execution against Joseph Boyd .

to recall execution against Thomas Porter

to recall execution against town of Fitchburg .

to recall execution against town of Hopkinton

to receive amount of bond from John Glover .

to receive army notes and certificates from treasurer of Port

land and Falmouth

to receive bonds from clerks and registers of courts

to receive consolidated notes from William Pyncheon

to receive continental dollars from Jonathan Burr .

to receive continental money from collector of West Stock

bridge

to receive government securities from Benjamin White .
to receive orders of officers and soldiers from collectors, in
payment of taxes ......

to receive soldiers' orders in payment of tax .... 702

to receive sums due from collectors of taxes, without obliging

them to take oath 872

to receive warrant from Joseph Boyd, tax collector for town

of Bristol 707

to renew note to Paul Raymond 827

to l'epay money borrowed from Massachusetts bank . 716, 719
to revoke execution against Jonathan Parker .... 896

to stay execution against Abiel Peirce 785

to stay execution against town of Hopkinton .... 510

to stay execution against town of Pitston .... 332

to stay executions against towns in county of Lincoln . . 805
to stay execution against town of Eastham .... 813

to stay further execution against town of New Braintree . 876
to suspend execution against town of Petersham . . . 299
to suspend executions against assessors of town of Roxbury . 791
to suspend issue of warrants for sums due .... 321

to suspend issuing execution against sheriff of Berkshire

county ........... 772

to withdraw action against Isaiah Thomas .... 468

Treasurer and receiver general, form of bond to be given by . . 525
Treasurer of Falmouth and Portland, to pay army notes and certifi-
cates to treasurer of Commonwealth 822.

Index.

1093

496

Treasurer's accounts, county of Barnstable, allowed

county of Bristol, allowed ....

county of Cumberland, allowed

county of Essex, allowed .

county of Lincoln, allowed

county of Middlesex, allowed

county of Plymouth, allowed

county of Worcester, allowed

county of York, allowed .
Treasurer's office, clerk in, to be discharged

clerks in, allowance to ... .

clerks in, treasurer to borrow money to pay
Treaty of peace with Great Britain, relating to .
Treaty with Penobscot Indians, confirmed .
Tredwell, Nathaniel, resolve on the petition of .
Tremain, Justus, soldier, resolve on the petition of
Trial jurors' fees established ....
Troops, additional, to be raised for guarding frontier against
Indians ....

allowance for, established .

assembled at Cambridge, governor's message relative to

federal, governor requested to write delegates in congress,
relative to supplies for .

federal, money taken from treasury for subsistence of, not to
exceed a certain sum

federal, relative to ...

governor may order, into other states

governor's message relative to 948, 975

governor's message relative to movements, and enlistment

of 966

governor's message relative to re-enlistment of 966

governor's message relative to marching, into other states . 990

governor's speech relative to 980, 993

governor requested to ask permission to march, into other
states

governor requested to raise, for suppression of rebellion

in Hampshire and Berkshire counties, governor's message
relative to ...... .

pay established

rules for governing, established

to be raised for the protection of western counties

to be re-enlisted for suppression of rebellion .

to be supplied with rations by contract .

treasurer to borrow money to pay
Trull, David, relating to

John, resolve on the petition of
Trumbell, Joseph, resolve on the petition of

698
698

988
735
77
677
433
503
691
336
336
S59

1094

Index.

Truro, town of, cattle, etc., not to run at large in
Trustees of Grafton Indians, may sell land

to sell land

to pay Esther Freeborn part of her right of dower
Tucker, Daniel, relating to

John, clerk of supreme judicial court, allowance to

John, resolve on the petition of ...

Joseph, allowance to .

Josiah, relating to

Samuel, resolve on the petition of

William, relating to

William, resolve on the petition of .

Tuckey, Stephen, relating to

Tudor, John, and others, may sell lands ....

William, and others, proprietors of Maiden bridge

porated

Tufts, Andrew, relating to

Cotton, member of committee, appointed

Cotton, resolve on the representation of .

David, relating to

Tupper, Benjamin, wages allowed

Turner, Charles, allowance to

Charles, member of committee .....

John, Indian guardian, may sell land

John, resolve on the petition of ....

relating to boundaries of .

town of, plantation of Sylvester incorporated as the
Twenty Miles Falls, Androscogin river, relating to .
Twichel, Joseph, guardian of Natick Indians, to sign deeds

Twine, bounty on, granted

Twitchell, Capt. Joseph, relating to

Joseph, to confirm Samuel Perry's title to land
Two Mile, to be annexed to town of Marshfleld
Tyler, Edward, resolve on the petition of .

Elisha, relating to

George, grant of Deer island and Sheep island to, confir

Joseph, grant of Deer island and Sheep island to, confirmed . 858

Tyng, Capt. William, land granted to.
Tyng's Town, proprietors of, relating to

Page
27
283
737
828
606
795

745, 838
473
606
273

279, 814
685
606
77

216
574
542
314
566
536
514
715
281
840, 842
799

61
496
806

881
358
443
601
800, 850
800, 850
med . 858

276

757

Union, town of, incorporated 73

United States, claims of Commonwealth against, to be adjusted . 796

tax granted, by Commonwealth 37

Uppermost Great Falls, Androscogin river, relating to . . . 496

Index.

1095

Varmaver, Edward, allowance to .

Van Schaack, Mr., member of committee .
Vermont, relative to rebels who have taken refuge in
Vinal, John, resolve on the petition of
Vinson, Thomas, resolve on the petition of

Volentine, Captain, relating to

Votes for governor, etc., relating to .

Page
840
715
500

442
368
771
608

"Wade, Edward, relating to 566

Wainwright, John, relative to land of 198

Wait, Jabez, relating to 566

Nathan, relating to 566

Waldoborough, notaries public established in 557

Wales, plantation of, to choose assessors 727

Walker, Caleb, land granted to 760

John, relating to 574

John, resolve on the petition of 683

William, land granted to 760

Walley, Thomas, member of committee 443

Thomas, relating to 568

Wamseon, Esther, Indian woman, resolve on the petition of . . 358
Ward, Artemas, speaker of the house of representatives, allowance

to 310, 382, 452, 545

relating to 522

William, resolve on the petition of 671, 700

Warden, Samuel, relating to 574

Ware, town of, fine abated 892

tax abated 769

Wareham, town of, act to prevent the destruction of oysters and

other shell fish, in the harbors, etc., of the .... 593

tax abated 511

time extended for payment of tax 848

Warner, Daniel, resolve on the petition of 686

Elias Elwell, relating to 686

Ezekiel, relating to 686

General, governor requested to give orders, respecting money

in the hands of 449

General, governor requested to send sum of money to . . 443

General, relating to letter from 973

General, relative to" troops under . . 4 . . . 967

Major General, relating to 914

Levi, relating to 762

1096

Index.

pay e

to as

stablished
784

•:>:',\

Warner, Mary, relative to estate of

Nathaniel, resolve on the petition of

Philemon, relative to estate of .

Philemon, minor, relating to

Susanna, relating to

Susanna, minor, relating to

William, minor, relating to
Warrants, adjutant general to procure blank
Warren, George, relating to ....

James, speaker of the house of representatives,
allowance to

William, relating to

Warton, Richard, relating to ...
Washburn, Seth, allowance to ... .

Seth, resolve on the petition of .
Washburne, Seth, member of committee .
Washington, Lieutenant Colonel, relating to
Washington, town of, allowance to proprietors of

resolve on the petition of the selectmen of

Wastroat, John, relating to

Waterborough, town of, incorporated
Waterman, Thomas, to issue warrant
Watertown and Sudbury, relating to store houses in
Watertown, town of, relating to taxes in .

Timothy Williams licensed to sell liquor in
Watson, Susannah, relating to .

William, estate of

Ways, private, and bridges, to be kept in repair
Webber, John, resolve on the petition of .

Seth, soldier, allowance to
Webster, Thomas, relating to ... .

Weeks, Lemuel, relating to

Wells, Nathaniel, manager of lottery .

Nathaniel, to issue warrant

town of, tax abated .....
Wendell, Isaac, to be notified to show cause

Oliver, relating to

town of, assessors of the town of Shutesbury,

tain part of the

Wentworth, Paul, relating to ... .
Werumbo, Indian, relating to deed from .

West, Eleazer, relating to

West Bowdoinham, plantation of, incorporated as town of Bowdoin
West Springfield, part of Second Parish of Springfield, to be known

as Third Parish of '

West Stockbridge, relating to

Western lands, governor's message relative to letter from Governor
Clinton concerning

Page
686
686
686
686
686
686
686
670
606
706

, 861
288
496

, 703
356
428
865
422
843
844
256
74
290
288
294
301
301
572
783
851
606
606
100
257
297

, 3G0
587

570
947
496
772
614

54
285

1000

Index.

1097

of oyster

s and

Western lauds, governor requested to write governor of New York
relative to

right of preemption to, granted to Nathaniel Gorham and

Oliver Phelps

Western territory, governor's message relative to

governor's message, relative to letter from agents to settle con
troversy between this state and New York, concerning

governor's speech relative to
Westfield or Agawam river, protection of fish in

relative to catching fish in ...

Westminster, selectmen of town of, to call a meeting
Weston, Jabez, resolve on the petition of .
Westport, town of, act to prevent the destruction
other shell fish, in the harbors, etc., of the

assessment of taxes regulated in

incorporated

Wetherbe, Shadrack, relating to .

Wetherbee, Nathan, relating to .

Wetherell, Sampson, Jr., resolve on the petition of

Wetrnore, William, resolve on the petition of

Wewewantett river, act repealing paragraph in, and making additiou

to, an act for preservation of fish in
Weymouth, town of, selectmen of, to receive tax bills

taking and disposing of fish in, regulated
Wheeler, Adam, relating to

David, to show cause ....
Whipple, Dr. Joseph, allowance to

Whitbeck, Thomas L., action concerning, may be re-entered
White, Benjamin, resolve on the petition of

James, relating to

Capt. John, relating to ...

Joseph, relating to

Joshua, resolve on the petition of

William, resolve on the petition of .
Whiting, Oliver, relating to ....

William, relating to

Whitmore, John, relating to estate of
Whitney, Daniel, guardian of Natick Indians .

John, resolve on the petition of

Paul, resolve on the petition of

William, relating to

William, relative to farm of
Whittemore, Israel, resolve on the petition of .
Whitwell, Mary, to show cause ....
Wicker, James, resolve on the petition of .
Widows and orphans of officers who fell in the service of their coun
try, relating to

494

Page

899

900
922

956
905
17
618
333
357

593
860
561
357
333
540
509

654
314
604
515
787
500
308
816
791
802
583
894
364
738
479
783
806
846
540
847
241
350
813
687

502

1098

Index.

Wigglesworth, Kev. Edward, professor at Harvard college, allow
ance to

Edward, relating to .
Wight, Rev. Ebenezer, relating to
Wilbraham line, road between Scott's bridge and, to be kept

pair by town of Palmer .
Wilder, Abel, relating to ...

Caleb, resolve on the representation of

David, resolve on the petition of
Wilkins, Elijah, relating to estate of .

Mary, relating to estate of
Willard, Aaron, relative to estate of .

Benjamin, relative to estate of .

Elias, resolve on the petition of

Rev. Joseph, president of Harvard college, allowance to

Rev. Joseph, relating to

Levi, relating to ....

Nahum, relating to

Naomi, resolve on the petition of

William, resolve on the petition of .
Williams, Ebenezer, land granted to .

Elijah, member of committee, appointed

Elizabeth, relating to ...

George, resolve on the petition of

John, relating to ... .

John, and others, tolls granted to

Jonathan, and others, resolve on the petition of

Rev. Docter, relating to letter of

Robert, allowance to .

Samuel, relating to

Dr. Samuel, agent, appointed .

Rev. Samuel, professor at Harvard colle

Capt. Thomas, relating to .

Timothy, resolve on the petition of .
Williamsburgh, town of, tax abated .
Wilson, John, soldier, allowance to .
Winchendon, town of, farm of William Whitney annexed

relating to

Windham, town of, resolve on the petition of
Windsor, town of, assessments ratified

notices by selectmen of, confirmed .

to show cause

Winslow, Isaac, relating to estate of .

Job, resolve on the petition of .

Nathan, relating to ... .

town of, to be credited with taxes .
Wise, Elizabeth, relative to land of

e, allowance to

Page

306

587
587

692

842
489
762
871
871
310, 725
692
282
306
587
486
574
692
310
760
870
280
672, 711, 786
280

63
280
970
473
587

19
307
946
294
387
723
241
847
755
285
338
700
829
844
829
388

Index.

1099

Wiser, Benjamin, Indian, resolve on the petition of

Wis wall, John, relating to

Witham, Jeremiah, resolve on the petition of .
Witherbee, Elizabeth, resolve on the petition of

Nathan, relating to estate of
Withington, Daniel, resolve on the petition of .

Ebenezer, resolve on the petition of

Phillip, relating to
Witt, Oliver, resolve on the petition of
Wood, Aaron, relating to

Abiel, resolve on the petition of

Abiel, to appear and show cause

Jonathan, resolve on the petition of
Woodbridge, Jahleel, agent, appointed

Jahleel, relating to

Jonathan, land granted to .
Woolwich, town of, tax abated .
Worcester county, committee to sell land in, appoiuted

justices of peace in, to grant licenses

persons confined for treason in, may be admitted to bail

supreme judicial court for, adjourned

treasurer's accounts for, allowed ....
Worcester, town of, a certain number of inhabitants in, incorporated
as Second Parish .

Second Parish in, incorporated .

relating to newspapers printed in

Writ of habeas corpus, suspended

Writ de homine replegiando, right to, and form of, established

Writs in civil actions, forms of

Writs of execution, clause of act imposing duties on, repealed

Writs of review, relating to

Wyer, Edward, and others, naturalized ....

287
789
891
836
836
782
782
782
833
771
838
745
740
19
711
760
472
335
808
456
195
469

573
574
804
102
182
106
63
201
261

Yates, Robert, relating to 460

York, county, committee on unappropriated lands in, appointed . 866
resolve on the petition of several towns in ... 297

tax granted 477, 784

treasurer's accounts for, allowed .... 456, 477, 784
Young, Robert, Jr., relating to 75

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