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

••—7 



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 



OF 



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, ' r y- 
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^ 
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 Int e«.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^/pub 6 " 
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 toTh1a C a > ct t . 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 



10 



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 ^y t 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 J °^ 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 



12 



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 P roceededwlth - 
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- °* an y 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 mo r ney. 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. 



16 



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,ia l J ' *' 
FIELD RIVER. 

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



18 



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 P roceed - &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 ;f u n t ^I° e d gent8 
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. 



20 



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 ii 8 h b e ed. 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^ P to e serve US 
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 . cmc t or p dr i s h i s 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^itT 11 
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 money r '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?och C iai'n a f - a 
into two or more Precincts or Parishes, any engagements [nt r o'before e divi- 
or contracts entered into by such town or district before ?i° n of J?b° 8 8 or 
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, 



24 



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 aUy B To%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 



26 



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^n 60 * 
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'crea 11 . 1 
pay the cost, occasioned by impounding them, then, and l B oid 8maybe 
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, 



28 



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 ^ru g of 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°d r e. 
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. f 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 ^°}^ , u t r h 8 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, po r ° t r e d how 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 



32 



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 mdu e °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 in g any coin 
wash or materials producing a colour resembling that of r 8 Xer. 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 



34 



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, mone y- 
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. 
licteTa 8 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. 
i L gSin t 8 h t e co a u C n t ter. ^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. 



37 



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, 
29th S Aprii ) I i"83 e 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^n P thei6ih 
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 
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 

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 [ e h 7;™? 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 on e Collector for each County, of the 

pointed by the sa j ( { r r ax s }j a }] ij e 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°d C eatb, 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( | t ne 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 ™. h f n 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 



54 



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 b y 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 : 



56 



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 (JJ ia > 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 any e obstruc ec 
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- 



58 



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 third 6 
shall or may be set, drawn or used, under the penalty of |. c c rosBan y rlver > 
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^y 1 
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 



60 



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 



62 



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 A CT 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- (Jh a7} 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. 



64 



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 



68 



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. 



70 



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 



72 



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 emplo3 r ed 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 ^P leton 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 | b e t ^ ni t | 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, w T ithin 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. 
™'i ishm „ en A 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^o f r disre- tor ' Art. Third. Whatsoever Officer or soldier shall pre- 
spectfui words. sum e 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'^o 11 - 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 £t h ^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 ^°^f t r s 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 ^K n C g«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. 



80 



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 {^ in i8 o me "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, g ua?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, P unished - 
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°arm g 8. 
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 
provi8i r onf!&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 
urae n o g f an 8t e 8 n m 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 
enemy n with e 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^onhe 01 enemy by the forces in the service of this Commonwealth, 
commonwealth. s ] ia ]j j )e secure d 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 . r f courts 

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- 



84 



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, A n >' 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 



86 



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- Z anceof gm 
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- nJ wn 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~ower C e C d, 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 " w 5 B ? 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)IN g 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* th e a spe 8 wealth, who are deficient in the payment of the said 
ex e p S reLed. 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. 



92 



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. 



94 



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. ™" 
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- co e mmUsary the 

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 



96 



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 P roviBO - 
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\ C inUd!°&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 JJf d k f ** 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 house WeUing 
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, pre P hended. 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^rlc 1 * * 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. 
?e q u 1 P r t ed < to n B e ee al Be il enacted, That the Comptroller-General be and he 
that they dis- j s 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 [heTr D boo!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°hed are 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. 

techments fat " ^nd an y 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 eV ery 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 ne y 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, w r rits 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 sll8 P ended - 
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\ r y°b e a [ e e *_ 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 r n which case 
of suit or interest that may arise on the said debt, after bfheid^pay ' 
the time the said tender was made. J,K' t J- ,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, 

h S w C ex 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 jg e 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° p 9 ro- 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, ?haVthose g men. 
are contained in any particular package, they, or either | n v n ®c e ! , D the e 
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, ° c f a u n r ^ 
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 dutied ' 
his arrival in port, manifest them at the Naval Office, any f n !°n 8 ° n th 1 e°ir rd ' 
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 
feUure8 Dt n f w* ^° " )e f° r f e ft 5 an d 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" M e 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. k een 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, H they 
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 w T as made, d'uty was pafd. 
or that they were not landed or brought into this State 
contrary to Law 7 , 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 w T ithin 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°e n ceTve they 
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 
w r ith 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- ^wKe 11 " 
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 i l »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, n to f the l8e 
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°m e ay°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- jg e 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 take U ph> ce, in its full force on and after the first day of January next. 

a ( l|fducti t o n make 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 G f 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 ^ enac ted 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 k on( j ^ ^| 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 ex i ,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 tQ e 

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. J3 e 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 _fi e 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?guee r shaii shall, previous to unlading the same, give bond to the Col- 
cciiec b t o" 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- inth esameform. 
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 ^™ n e c 8 e ^, e e d rs f ° n r s 
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 J c ° co b u a ^ B n ^! 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 ™ r r e ~ 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 to g su r garboiiers. 
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 

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,, 

The notes for which Eastern lands have been sold, & which 
have not yet been received in the Treasury, will amount to . 30,693,, 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 g U m 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„ 

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 
Mr. Appletons Certificates, received for taxes, which are not 

yet paid to the Continental Receiver 12,894,, 18„ 

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„ 

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„ 

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,, 

Certificate money redeemed and now in the Treasury . . 9,987 
Allowance to Peter Savory on account, for supplies from 

France 982,, 16„ 

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„ 
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 

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„ 

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„ 



1786. — Address to the People. 149 

Committee for revising the Laws, and their Clerk . . . 209 ;/ 16 ; , 

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 Dec r 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 receiv tl £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 Nov r 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 Gen 1 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 rec d 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, Nov r . 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- ^ jlia V' 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 r eldy e indicted". 
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 
moved b b y e a re " 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 re P ealed - 
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- a iTedged g in any 
quence of the said Act, are controverted, by any of the Stion° n in° 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 , f n t I . 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 s an re 8 p e e g c u t"- 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 "Jf Iudg ' 
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 f ur ther 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^red b uyo e n n any 
tors, and the party or parties against whom such judgment ^ b the 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, fh e n «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 tionsT lifica ' 
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 &c P . 
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 ? ^™ u to em " 
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 th e e oath U of 8 a"e. e 
shall not within the term to be limited as aforesaid, de- h^as rebels 06 
liver up their arms, and take and subscribe the oath of ^ n jg g ° 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 ce P t 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 t h at 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 f the same, that each Clerk of the Supreme Judicial 
ciafco™ rt, here- Court, that may hereafter be appointed to that Office, 
shall ^ P ve bond d ' 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°e n rs 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- w ithin 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 gi ven 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 rectedVglve 1 ' 
seven hundred and sixty three, are hereby directed and bXl4Vrtc\ed r . 
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^pectuie 6 
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 be 8 " °f ^ ie gfflWl 6, 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 fr e 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, r thede- 
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 „^ ?i f w h H, „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. f 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%am a e't C othe y °f an y insurrection existing or apprehended, as aforesaid, 
Major-General, i n 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 an y 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 °^P e ° 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 sam e, 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 > 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 &c k ° f 
stock of Powder, and other Town's property, shall be ^and^Sd 11 " 
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, A nc i 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 alterin g 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- 
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™?xuesdS e of 
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 
to C 8Mve at the Judicial Court, may issue from his Office, Writs of Venire 
at Gr t eat B h a e r ld 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 arl y 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^to 6 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,ill l ) ' 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- pea ied. 



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 p reventing persons serving as jurors, 

Kj I JJ. O WHQ m C0NSE q UEN cE 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°jud B ge 
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 
shan e ha P ve r the ^ ie mm e, 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\X e n°trfnd al 
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, 
ta2 e defe n n y da?t g " 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°um givunin 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- 
a n g y part"}! l\m\\ menced, shall not be an inhabitant of this Commonwealth, 
t n a ntof a this n com! the Writ may be served upon such person as appeared for 
monweaith. ^im j Q 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- 
re h viewthec e a U se. ages are given, shall choose to review the cause, he or 
h fve r bo h n e d y &c a11 ' ^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 ^particular 7 
personally, or by such other Person or Persons, as they w a d y ^ 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. 
^ a h sonab7 n de D ' -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 
grieved S may a ap- Selectmen thereof, or their order, and put the same on 
of y se88ioQ 8 ?° 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^fhe 136 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 damages 1 , 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, 
aIdfen b c U e8 ld shan that where Buildings or Fences have been erected, front- 
be considered as ' m g 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 REG ULATION OF LICENCED HOUSES. 

Be it enacted by the Senate, and House of Representa- 
tives, in General Court assembled, and by the authority 
in e g r to n be P in e n- um * °f ^ ie same, That no person whosoever, may presume to 



1780. — Chapter 68. 207 

be a common Victualler, innholder, taverner, or seller of er 8 ld &c S ' 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, ^] e aTl\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 Cornmonw T ealth 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 tow r n (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 i °beln\ c 'de npain 
and travellers, pasturing and stable room, hay and prov- P riTed 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'a 11 * 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, a ct, a shan be US 
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- W eaith mmon 
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 b e f ore 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 e by"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- 
weaittiftopay 11 " 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°ore per!!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 Tneirdut y- 
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 Law T , accrues to 
the informer. 



216 1786. — Chapter 69. 

ridlsTow P du- And be it further enacted by the authority aforesaid, that 
posed of. a ]i fi nes 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 
exce a edftur h uot exceed four pounds, and not otherwise : and every Justice 
pounds. f tj ie p eace 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 incor p° 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 

cor p P o r rated! '"' 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- roiL e and b regu. 
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 the e rate 8 e of 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, e flrfour 
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^uHsdkUon 06 
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- 
to h is8u°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 f urf her 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 & se p era t e 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 



Register of Probate's Fees. 

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 l n 9">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 p ar ties 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 wmia 0f 
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 court eDera 
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 • t ers 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- 
23hSlJf rUn 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 
w e of° f the U8 ' °f th e 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. 
^mputenlns ' 11 And be it further enacted, That the Officer to whom 
shaii be deiiv- suc h 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-^ ]Q e 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 f n r ° c v ^ 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 hi Ur hwa°8 8 sh f aii 
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 
?ame mng 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 "™!^!!f e * 

*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- . . . _, _ _ __, . . ~ •* 

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*htii f iMne. 
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 gna n 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 Inve8t ed 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. t j ie 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 weiis n Es 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 B e 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- Kjfla P' 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 Muzzj 7 , 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} T es, 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 Esq 1- 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. 



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 R ES0LVE 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 T YNG 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 s d 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*Jj ar) 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 s d 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 (TL nYi 1 7 
SAMUEL BAKER, AND OTHERS, APPOINTING A COMMITTEE ^ na P' 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 lodg 1 - 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,al P' ^ 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 paj r 
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 s ci land. 

June 14, 1786. 



284 1786. — May Session. 



Chapter 27. 

Chart 27 re solve 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, nh nr} 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 ' ta l } ' 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- rij jnri 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 R ES0LVE 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 KjliU l'' ^° 
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 afor s . 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 CjJi a7) 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, Coll 9 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 QJ l(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 RES0L VE 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 wou d 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- frk nn 7() 
ING THE FOURTH OF JULY, 1786, REQUESTING HIS EXCEL- Kj ' la l } ' * 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, 
Jun r both of Boston, Merchants, and Owners of the 
Ship Boston packet, JSTath 1 - 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. j un e 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,ia V* * ° 
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 " jU Jf* 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 3 r . 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 Rev 1 - 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- rrL nir . 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 Honb 1 . 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 3 rd 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 ^' lUj L J ' 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} r stem 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 ^ au F' 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\ T o. 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 Qh an 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 Hon r 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- ni inY) 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]i ar> \\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 R ESOLVE 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} r er 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- Kyaa P' 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 Rev 1 ?. 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 Octo r - 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, jn r . 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 ' lll l J ' 
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 KjUil P' 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 ; Commis y . Gen 1 - 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 (Jh a7) 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 Kjfla P' ^ 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 CoU 1 . 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. 



22 



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 2 nd 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 Decem r . 
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 10 th 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 s c 3 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 s d Adam, 
October 22'. ld , 1771, by Timothy Mower, deceased, may 
be authenticated by the Oath of Witnesses to the hand 
writing of the s d 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 s d Timothy, and if upon such Exami- 
nation, the s d 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 
W l 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 ' la F' 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 m ffl|) 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 y e 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, frL nn £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 res olve 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] ia y) 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 SMEAD r 
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 th e 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 impow T ered, 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 y e - said third Tuesday in February, any 
Law, Usage, or Custom to y f - 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 RES0L VE 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<7 m7) 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 s 1 - 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, (Jh a7) g7 
RESPECTING JAMES BOYD, TO BE SIGNED AND FORWARDED Kj,lUj P' 
BY THE GOVERNOR. 

On the petition of James Boyd, esq r ; — a Letter of 
instruction to the Delegates of this Commonwealth at 
Congress : 

IT having been represented to this Court by James 
Boyd, esq 1 :, 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 Hon b -l e 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 (Jh ar) 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 afores 1 ? 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 R ES0L VE 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 Theop 1 . 
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- ^ na P' 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 re solve 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}i a ^ 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 

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 

To the Hon b [ e Cotton Tufts, Esqr ; for his Service in the 
last Recess of y e = 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 

To Caleb Manning, for Supporting Eliz".' Sweetser, one 
of the poor of Charlestown, to y? 26th of Oct':, 1786, . 13 10 



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 

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 

To James Kettle, for Boarding Sarah Call, one of the 

poor of Charlestown, to Nov: 8, 1786, . . . 9 18 

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 

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 
Dec T 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 RES0L VE 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 

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 

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 flJj ar) 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, Esq 1 : 8 , with such 
as the Hon b i e 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 frL n/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- Qh ar) \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 s 1 - 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- (Jh an 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 Com 1 -?- 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<J 7nn Qfi 
JOSEPH TWITCHELL, TO CONFIRM, SAID PERRY'S TITLE TO Kj ' ia V % 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 afores d , 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 (rL n , n AC) 
OF THE BANK, ONE THOUSAND AND FIVE HUNDRED ^ ,la P' ^ 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 articl