(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

n 



I 



I 



ACTS AND RESOLVES 



MASSACHUSETTS 



1788-89. 



[Published by the Secretakt 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 COURT. 

M,DCC,LXXXVIII. 



Reprinted by Wright & Potter Printing Compan\^, State Printers. 

1894. 



ACTS AND LAWS, 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS; 
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-EIGHTH DAY 
OF MAY, ANNO DOMINI, 1788. 



1788. — Chapter 1. 

[May Session, ch. 1.] 

AN ACT IN ADDITION TO AN ACT. INTITLED "AN ACT TO 
PREVENT THE DESTRUCTION OF THE FISH CALLED SHAD 
AND ALEWIVES, IN THEIR PASSAGE UP THE RIVERS AND 
STREAMS IN THE TOWN OF REHOBOTH, IN THE COUNTY 
OF BRISTOL. 

Whereas it is necessary for the preservation of the fish ^'eambie. 
called Shad & Aleivives, in their passage up the River 
called and known by the name of Palmer's or Miles's 
River, in the County of Brhtol, that some further provisio7i 
should be made: 

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 no person or persons whatsoever, Penalty for Ash- 
shall be allowed, from and after passing this Act, to catch o'J-^d^ag-nets!''^ 
any Shad or Alewives, by fishing with Seines or Drag- 
Nets, in the River running through Rehoboth and Swan- 
zey, in the County of Bristol, known by the name of 
Palmer'' s or Miles's River, from the first day of April, to 
the first day of June, annually ; and if any person or per- 
sons, shall l)e found fishing with a seine or seines or a 
Drag-Net or Nets, in said River, or by drawing them to 
the land within the limits aforesaid ; he or they so oftend- 
ing, shall forfeit and pay the sum of ten pounds, for every 
such oflence, to be recovered and applied in the same 
manner as fines for a breach of the Act, to which this is 
an addition, are recovered & applied, June 9, 1788. 



Acts, 1788. — Chapter 2. 



1788. — Chapters. 

[May Session, ch. 2.] 

AN ACT FOR THE BETTER REGULATION OF THE INDIAN, 
MULATTOE AND NEGRO PROPRIETORS IN MARSHPEE, IN 
THE COUNTY OF BARNSTABLE. 



Preamble. 



Guardians em- 
powered. 



WJiereas it appears necessary, that there should be made 
a further regulation of the Indian, Mulattoe, & Negro 
Proprietors, in Marshpee, in the County of Barnstable, 
than is already provided by law. 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the au- 
JeVsons to^'be thority of the same, that there be three proper Persons 
chosen as Guar- appointed, near to the Indian Plantation in Marshpee, in 
the County of Barnstable, Guardians to the Indian, Mu- 
lattoe & Negro Proprietors, of said Marshpee, who are 
hereby impowered, to take into their hands the said In- 
dian, Mulattoe, & Negro Lands, and allot to the several 
Indian, Mulattoe & Negro Proprietors of said Lands, such 
parts of said Lands & meadows, as shall be sufficient for 
their particular improvement, from time to time, during 
the Continuance of this act : And the remainder, if any 
there be, shall be let out by the said Guardians, to suita- 
ble Persons, for a Term not Exceeding the Continuance 
of this Act ; and such part of the Income thereof, as is 
necessary, shall be applied for the support of such of the 
said Proprietors, as may be sick, or unable to support 
themselves ; and the surplusage thereof (if any there be) 
shall ho, distributed amongst them according to their re- 
spective rights or Interest, for providing necessaries for 
themselves & families, and for the Payment of their just 
debts, at the discretion of their said Guardians ; and that 
the respective Guardians aforesaid, or the Major part of 
them, be hereby Impowerd and Enabled, in their own 
Names and in their capacitys as Guardians, to bring for- 
ward and maintain any Action or Actions, for any Tres- 
]iass or Trespasses, that may be committed on the said 
Lands, or any Action or Ejectment against any person or 
persons, who may illegally enter into the possession of 
said Lands : and that any liberty or pretended Liberty 
obtained from any Indian, Mulattoe or Negro Proprietor 
for Cutting oif any Timber, Wood, or Hay, milking pine 
Trees, carrying off any ore or grain, or planting or im- 



Acts, 1788. — Chapter 2. 7 

proving said Lands, shall not be any bar to said Guard- 
ians in their said Action or Actions : 

Provided, that nothing in this Act, shall be understood Proviso. 
to l)ar any Person or Persons, from letting Creatures run 
upon the said Lands, that arc unimproved, and lie in 
Common and Contiguous to Other Towns or Proprietors. 

And be it further Enacted by the Authority aforesaid, 
that from and after the passing of this Act, no Indian, saies or leases 
Mulattoe, or Negro Proprietor of said Lands, in his or out the consent 
her right, or in right of Another, shall sell or lease out ehairbrvoid!"*' 
any of his or her Lands, without the Consent of the said 
Guardians, or a major Part of them; and all Sales or 
leases of said Lands, for any Term or Terms of years, 
that shall at any time hereafter during the continuance of 
this Act, l)e made by any Indian or Indians, Mulattoes or 
Negroes, shall be utterly void and of none Eflect, unless 
the same be made by and with the consent of the Guard- 
ians as aforesaid, or the major part of them. 

And be it further Enacted by the Authority aforesaid, 
that no Action shall be l)rought against any of the Indian, Guardians to 

.~ /.•TTii' examine actions 

Mulattoe, or Negro Proprietors or said Lands, tor any brought against 
del)t hereafter to be by them contracted, with any Person p''°p"^'°'"^- 
or Persons, for any sum Whatsoever, unless the same be 
first Examined and allowed, by the said Guardians, or a 
Major Part of them. 

And be it further Enacted by the Authority aforesaid. 
That no Indian, Mulattoe or Negro Proprietor of said S'eMndingout 
Lands, shall bind out his or her Children, to any person of children. 
or persons whatsoever, by Indenture or in any other way, 
without the approbation of the said Guardians, or a Major 
Part of them, and that every Indenture or any Instrument, 
in Writing, whatsoever, or Parole agreement, whereby 
such Child or Children, shall be liound out, contrary to 
the true intent and meaning of this Act, Shall be adjudged 
Null and void. 

And be it further Enacted, that if any of said Indian, Proprietors who 

./ ' 1 11 1 • 1 shall be com- 

Mulattoe, or Negro Proprietors, shall be committed to mitted to goai, 
Goal for Debt, he or they shall have the same benefit from benefits of a 
an Act, entitled " An Act for the relief of poor prisoners certain act. 
who are committed by executions for Debt," as any white 
Person by Law now hath, who hath no estate, he, she, or 
they being Proprietors of the aforesaid Lands notwith- 
standing, and the Oath shall be varied accordingly. 

And be it further Enacted, That the said Guardians, or Guardians em. 

•^ ' 1 • 1 n • powered to per- 

the Major Part of them, are hereby authorized and im- ambulate. 



8 



Acts, 1788. — Chapter 2. 



To keep a fair 
account of their 
proceediags, &c. 



Former leases 
Bhall remain & 
be in full force. 



Guardians em- 
powered to com- 
mence and pros- 
ecute actions. 



Guardians ap- 
pointed. 



Former act re- 
pealed. 



powered, to perambulate the Bounds of the aforesaid 
Lands, with such Towns as are adjoining, 

And be it further Enacted by the Authority aforesaid, 
that the said Guardians, shall keep a fair account of their 
Proceedings, relative to the trust in them reposed, by this 
Act, to ])e by them laid before the General Court, from 
year to year ; and each of the said Guardians, before he 
proceeds to perform the duties hereby devolved on him, 
shall give bond to the Treasurer of this Commonwealth, in 
the sum oifour hundred pounds, for the faithful perform- 
ance of his trust. 

And be it further Enacted, That nothing in this Act, 
shall be understood to defeat any lease or leases, here- 
tofore made by the Overseers of the said Indians & 
Mulattoes, agreeable to An Act, intitled "An Act for 
Incorporating the Indian & Mulattoe Inhabitants, of 
Marshpee, with their Lands there, into a District with 
Certain Privilidges, and for their better regulation," but 
all such leases so made, shall remain and be in full force, 
for the full term of Time, for which they were made, any 
thing in this Act, to the contrary notwithstanding. 

And be it farther Enacted, that the said Guardians, 
which are or may hereafter be appointed to carry this Act 
into Execution, or the Major Part of them, are hereby 
authorized to Commence and Prosecute to final Judgment 
and Execution, any Action or suit against any Person or 
Persons who may withhold or detain the property of any 
of the aforesaid Indian, Mullatoe or Negro Proprietors, 
and also to defend any action or suit, that may hereafter 
be commenced against them, or any of them. 

And be it further Enacted by the Authority aforesaid, 
that The Reverend Gideon Hawley, of said Marshpee, and 
Mess'rs John Persivall and Reuben Fisk, both of Barn- 
stable, shall be Guardians over the said Indians, Mulattoe 
& Negro Proprietors. 

^Vllereas by Experience, it has been found, that the Act, 
intitled ^^ An Act, for incorporating the Indian and Mulat- 
toes, Inhabitants o/" Marshpee, 2^zY/i their Lands there, into 
a District, loith certain privilidges and for their better reg- 
ulation,^'' made and passed. In the thirteenth year of the 
Reign of George the Third, hath not ansiver'd the good 
purposes therein designed: 

Be it therefore further Enacted by the Authority afore- 
said, that the Act afoi^esaid, be, and. it is hereby repealed. 



Acts, 1788. — Chapter 3. 9 

and every Clause and Paragraph therein, except so far as 
it may respect any Actions already commenced, or offences 
committed. 

This Act to continue & be in force, for the term of ten Limitation, 
years from the passing thereof, and no longer. 

June 12, 1788. 

1788. — Chapters. 

[May Session, ch. 3.] 

AN ACT FOR SETTING OFF A CERTAIN TRACT OF LAND, 
BELONGING TO THE TOWN OF BELCHERTOWN, IN THE 
COUNTY OF HAMPSHIRE, AND FOR ANNEXING THE SAME 
TO THE TOWN OF PELHAM. 

Whereas a number of the inhabitants of the Town of Preamble. 
Belchertown, have petitioned this Court, to be set off from 
said Belchertown, and annexed to the Toivn of Pelham, 
and it ajjjjearing to this Court, to be reasonable, that the 
prayer of said petition shoidd be granted. 

Be it therefore enacted by the Senate & House of Repre- 
sentatives in General Court assembled, and by the autJior- 
ity of the same; That the land lielonging to Belchertown, BoundaneB. 
with the inhabitants thereon, contained within the l^onnda- 
ries hereafter mentioned and descrilied, to loit, beginning 
at a stake and stones upon Pelham south line, at Paul 
Thusten^s north east corner, then running southwardly, 
upon the east side of said Paid Thusten's, Thomas Thus- 
ten^s & Francis Stratton's land, until it comes to said 
Francis Stratton^s south east corner, then westwardly on 
the south line of said Stratton, John Glass, Elisha Mwisel 
& John Peso, until it comes to said John Peso's southwest 
corner, then running northerly a parallel line with the east 
line to Pelham. south line, then east on Pelham south line, 
to the first mentioned corner or bound, l)e, and hereby 
are set off from the town of Belchertown, and annexed to 
the Town of Pelham, and shall forever hereafter, lie con- 
sidered as belonging to, and making part of the said ToAvn 
of PelJiam : 

Provided nevertheless, that nothing in this act, shall in rroviBo, 
any manner affect or discharge the taxes already assessed 
or ordered to be assessed, in the Town of Belchertown, 
but the inhabitants aforesaid, shall be considered as held 
to pay all such taxes, which remain- due and unpaid, from 
the said inhal)itants respectively : Reserving however, the 



10 



Acts, 1788. — Chapter 4. 



right of the Town of Belchertown^ of taxing the inhabi- 
tants aforementioned, their proportionable part of all pub- 
lic taxes, that shall be ordered to be assessed on the Town 
of Belchertoivn, until a new valuation shall take })lace in 
this Commonwealth, & no longer. June 10, 1788. 



Preamble. 



Inhabitants con- 
sidered as be- 
longing to that 
parish where 
they attend 
public worship, 
&c. 



Taxes already 
assessed, how 
collected. 



1788. — Chapter 4. 

[May Session, ch. 4.] 

AN ACT IN ADDITION TO AN ACT INTITLED, "AN ACT FOR 
INCORPORATING A NUMBER OF THE INHABITANTS OF THE 
TOWN OF AMHERST, IN THE COUNTY OF HAMPSHIRE, INTO 
A SEPARATE PARISH, BY THE NAME OF THE SECOND PAR- 
ISH, IN THE TOWN OF AMHERST. 

Whereas further' J) )'OVision is necessar'i/ for the support 
of public worship), in the said toion of Amherst, and to 
promote the peace & mutual good will of the inhabitants 
thereof. 

Be it therefore Enacted by the Senate & House of Rep- 
resentatives in General Court assembled, & by the author- 
ity of the same, that the inhabitants of the said town of 
Amherst, shall be taken and considered as belonging to 
that Parish, in the said town, where they have usually 
attended public worship for the term of one year, next 
before the passing of this Act, and that in future the in- 
habitants of the said town, with their heirs and successors, 
shall have liberty to attend public worship at that Parish 
in the said town, which they shall prefer, and shall pay 
parochial taxes where they shall so attend, they producing 
to the respective Assessors, a Certificate from the minis- 
ter of the Parish to which they shall remove, or from the 
Parish Clerk, in case there be no minister, that they have 
generally attended public worship there, for the space of 
one whole year together, next preceeding the date of such 
Certificate ; and previous to such removal, entering their 
names, expressing their intention, with the Clerk of the 
Parish from which they shall remove. 

And be it further Enacted by the authority aforesaid, 
that all taxes or arrears of taxes, which have been assessed 
in consequence of, and agreeably to the incorporation Act 
of the said second Parish, shall be collected in the same 
manner, as if this Act had not been made : Provided that 
the sons of the inhabitants of the second Parish, that have 
been taxed by the first Parish, and those who have re- 



Acts, 1788. — Chapter 5. 11 

moved into the said town, and have attended worship at 
the second Parish, and have been taxed by the first Par- 
ish, shall not be held to pay such assessments. 

Aiid be it further Enacted by the authority aforesaid, 
that any person removing into said town, may attend pub- ^,°prf/toK?^ 
lie worship, and pay parochial taxes at either Parish, he how taxed. 
entering his name with the Clerk thereof, for that purpose. 

And be it further Enacted by the authority aforesaid, 
that the real estate owned by non-resident proprietors, 
shall be taxed for the use of the Parish where the occu- 
pier belongs, according to the regulations aforesaid ; and 
if there be no occupier who is an inhaljitant in said town, 
then the taxes of it shall be paid to the Parish, which such 
proprietor shall direct. June 17, 1788. 



1788. — CliJipterS. 

[May Session, ch. 5.] 

AN ACT FOR DIVIDING THE COUNTY OF BERKSHIRE INTO 
THREE DISTRICTS, FOR THE PURPOSE OF CHOOSING REG- 
ISTERS OF DEEDS IN THE SAID DISTRICTS. 

Whereas a great part of the inhabitants of the County Preamble. 
of Berkshire, by reason of their distance from the place 
luhere the office of Register of Deeds, by the laws novj 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, atid by the authority oj 
the sam.e, That the Towns of Lenox, Pittsfield, Richmond, oth"e°''town8 
/Stockbridge, Lee, Tyringham, Becket, Washington and ^9"^^//^ "^^f f,,g 
Partridgefield, and such gores or tracts of land unincor- registry of 
porated, as may lie between any ot the said Towns, be, & 
they hereby are constituted a District for the Registry of 
Deeds ; and the inhabitants of the said Towns & Districts, 
are hereby authorized to choose a Register of Deeds for Authorized to 
the said District, in the manner provided by law; and tc'rV^" '^'^^'^ 
the Register so chosen, shall keep his office within tlic 
said Town of Lenox; and Jahleel Woodbridge, Escjuirc Jahieeiwood- 
of Stockbridge, is hereby authorized and empowered, to issue ws war*° 
issue his warrants, directed to the Selectmen of the sev- meeUngs.''"'""^ 
eral Towns aforesaid, ordering them forthwith to convene 
the inhabitants of their respective Towns, qualitiod to vote 
for Representatives, that they may proceed to the choice 



12 



Acts, 1788. — Chapter 5. 



Towns & plan- 
tations which 
lie north, con- 
stituted a sep- 
erate district. 



William Town- 
er, Esq. to issue 
his warrant for 
calling meet- 
ings. 



Persons chosen 
shall be subject 
to the rules & 
disqualifica- 
tions of other 
Registers, &c. 



of some meet person, qualified by law, for the oflfice of a 
Register of Deeds, and ordering the Selectmen, to seal up, 
and transmit a transcript of the record of the number of 
votes, and of the person or persons voted for, in their 
respective Towns, together with the said warrants, to the 
Court of General Sessions of the Peace, next to be holden 
at Lenox ^ within & for the County of Berkshire, on the 
second Tuesday of September next, to be opened & com- 
pared with the like returns from other Towns in such Dis- 
trict ; and the person having the majority of votes, after 
being sworn, & giving bond as by law directed, shall be 
the Register of Deeds in the said District, and shall con- 
tinue in said office, untill the last day of il/arcA, one thou- 
sand seven hundred & ninety one, & until another is 
chosen. 

Be it further enacted, That the Towns, Plantations and 
all other lands in said County of Berkshire, which lie 
north of the Towns above enumerated, be, and they 
herel^y are constituted a seperate District for the registry 
of Deeds; and the inhabitants of the said Towns, Planta- 
tions and other lands, are hereliy 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 Lanesborough, within the said 
District ; and William Towner, Esqr. of Williamstown, 
within the said District, is hereby authorized, to issue his 
warrant, to the Selectmen of the several Towns, & to 
some principal inhabitant of each of the Plantations in 
said District, in manner & returnable as aforesaid, & the 
votes being opened and compared in the said Court of 
General Sessions of the Peace, the person having a ma- 
jority of votes after being sworn, and giving bond as 
aforesaid, shall continue in the said office, untill the last 
day of March, abovcmentioned, & untill 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 ])e subject to the rules and disqualifications 
to which Registers of Deeds, for the several Counties are 
subject ; & from and after the first day of January next, 
shall be fully authorized to Register and record all Deeds 
or other conveyances of lands or other real estate, lying 



Acts, 1788. — Chapter 6. 13 

within the District for which they are respectively chosen ; 
& the record of any Deed or other conveyance of lands or 
other real estate, which after the first day of January 
next, shall be made by any other than the persons chosen, 
and qualified as aforesaid, for the said Districts respec- 
tively, shall be void & of no eflect ; and the Registers to 
be chosen as aforesaid, shall be intitled to the same fees, 
in the execution of their respective ofiices, as Registers of 
Deeds in the several Counties are intitled to. 

And be it further enacted, that the Towns, Districts, Towns &pian- 
Plantations & Lands in the said County of Berkshire, ue'eouth, bLu 
which lie south of the Towns above enumerated, shall be ^fsufcT^'^**^ 
a seperate District, for the Registry of Deeds, in which 
District, the oflice of Register shall be kept, in the Town 
of Great Barrington: and nothing in this Act, shall be 
taken in any manner to afiect the choice of the present 
Register of Deeds for the said County, so far as it respects 
the District last aforesaid. 

A.nd be it further enacted, that all the records of Deeds Deeds and con- 
& other conveyances of lands in said County, which have be^rtmoTCdto 
been made or shall be made, before the first day of Janu- omceln Lenox. 
ary next, shall be removed and deposited in the Regis- 
ter's Office, herein provided for, in the said Town of 
Lenox, to be kept by the Register aforesaid, for the first 
mentioned District. June 18, 1788. 



1788.— Chapter 6. 

[May Session, ch. 6.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED LEWIS- 
TOWN IN THE COUNTY OF LINCOLN, INTO A TOWN BY 
THE NAME OF GREENE. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, & by the authority of 
the same, that the northerly part of the plantation hereto- Boundaries. 
fore known by the name of Leivistoivn, in the County of 
Lincoln, l)ounded as follows, viz. beginning at the south 
west corner of Lot Number One, thence running south- 
east, to the Plymouth line so called, thence northerly 
by said Plymouth line, to the north-east corner of the 
said plantation or lot, Number One hundred and ninety, 
thence northwest to Androscoggin river, thence southerly 
by said river, so as to brins; the first mentioned bounds to 



14 



Acts, 1788. — Chapter 7. 



Daniel Cony, 
Esq. to call a 
meeting. 



bear south east, thence south-east to the first mentioned 
bounds, with the inhabitants thereon, be & hereby are 
incorporated into a town by the name of Gr^eene, and 
shall have all the powers, privileges & immunities, which 
other towns in this Commonwealth do, or may by law 
enjoy. 

And be it further enacted, that Daniel Cony, Esquire be, 
and he is hereby directed to issue his Warrant, directed to 
some suitable inhal:)itant of the said town, requiring him 
to notify the said inhabitants to meet at such time & 
place, as he shall appoint in the said Warrant, to choose 
such officers as other towns are by law empowered to 
choose, in the months of March or April, annually. 

June 18, 1788. 



Penalty for 
drawing any 
seine, &c con- 
trary to this act. 



How 



1788. — Chapter 7. 

[May Session, ch. 7.] 

AN ACT TO .PREVENT THE DESTRUCTION AND REGULATE 
AND LIMIT THE CATCHING OF FISH, IN THE RIVERS AND 
STREAMS IN THE TOWN OF WESTPORT, IN THE COUNTY 
OF BRISTOL. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same. That no seine or net shall be drawn at any time 
of the year, any where in the rivers within the said Town 
of Westport, below the south end of an Island, called 
Lahe's Island, striking a line of an east & west course, 
from the south end of said Island, or within half a mile 
from the entrance of the harbour of said Town : and that 
in the months of October &, November, yearly, and every 
year, no seine or net, shall be drawn any where in either 
of the rivers, arms or creeks, within the said Town ; and 
if any person or persons, after the passing of this Act, 
shall presume to draw any seine or net at any place or 
time, which is not allowed as abovementioned & de- 
scribed, he or they so ofiending, shall forfeit and pay the 
red. sum oi three p)ounds, for each ofience, to be recovered by 
action of debt, in any Court proper to try the same, the 
one moiety thereof to him or them, who shall sue for the 
same, and the other moiety to the use of the Town of 
Westport; and every such seine or net, with its append- 
ages so drawn, shall be forfeited to the use of said 
Town. 



Acts, 1788. — Chapter 8. 15 

And he it further enacted hy the authority aforesaid, 
that the Town of Westport, shall be, and hereby arc em- westport em- 
powered and directed, at their meeting for the choice of choose a com- 
Town Officers, in March or April annually, to choose t^^^^thT^V 
three or more suitable persons in said Town, to see that obaervwi'.^ 
this Act be duly ol)served ; and each person so chosen, 
shall be sworn faithfully to discharge the duties required 
of him, agreeal)ly to this Act. June 18, 1788. 



1788. — Chapters. 

[May Session, ch. 8.] 

AN ACT TO INCORPORATE A PLANTATION IN THE COUNTY 
OF LINCOLN, KNOWN BY THE NAME OF FAIRFIELD, INTO 
A TOWN BY THE NAME OF FAIRFIELD. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court asse?7ibled, and hy the authority of 
the same, That the tract of land described, and bounded BouDdaries. 
as foUoweth, to wit, beginning at Kennehech river, at the 
south east corner of the Proprietors mile lot marked C. I. 
in the northerly line of Winslow, thence running West 
North West, the course of the north line of said Winsloiv, 
six miles, thence north, eight degrees and an half west, 
about six miles and a half, unto a line running an east 
course & striking the south east corner of lot number 
thirty four, in Canaan, on Kennehech River, then run- 
ning on the last mentioned line, to said river, and thence 
down said river to the first mentioned bounds, together 
with the inhabitants thereon, be and they hereby are in- 
corporated into a Town by the name of Fairfield; and 
the inhaljitants of the said Town, are hereby invested with 
all the powers, privileges and immunities, which the in- 
habitants of Towns within this Commonwealth, do, or 
may by law enjoy. 

And he it further enacted, that Daniel Cony, Esqr. is Daniel cony, 
hereliy empowered to issVie his warrant, directed to some meeiinV" ^ 
suital)le inha])itant of the said Town of Fairfield, direct- 
ing him to notify the inhabitants of the said Town, to 
meet at such time & place, as he shall appoint, to choose 
such Officers, as other Towns are empowered to choose at 
their annual meetings in the months of March or April 
annually. June 18, 1788. 



16 



Acts, 1788. — Chapters 9, 10. 



Boundaries. 



Daniel Cony, 
Esq. to call a 
meeting. 



1788. — Chapter 9. 

[May Session, ch. 9.] 

AN ACT FOR INCORPORATING CERTAIN TRACTS OF LAND IN THE 
COUNTY OF LINCOLN, WITH THE INHABITANTS THEREON, 
INTO A TOWN BY THE NAME OF CANAAN. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, & by the authority of 
the same, that the tracts of land bounded as followeth, 
Viz. bcijinnin"' at the south east corner of lot Number 
thirty four, in said Canaan, on Kennebeck river, at the 
north easterly corner of Fairfield, thence running west, 
four miles and two hundred and eight poles, then north, 
about three miles & an half, to Kennebeck river, then 
down said river, to the head of 8coioheg an falls, so called, 
thence north about one mile & one hundred and ninety 
six poles, to Noridgewock north line, or a line runing east 
from JSToridgewock point, thence east nine miles & forty 
poles, thence south, about six miles & an half, until it 
meets a line runing a west course across Kennebeck 
River, to the first mentioned bounds, then west on said 
line to said bound, together with the inhabitants thereon, 
be, & they hereby are incorporated into a town by the 
name of Canaan, & the inhabitants of the said town are 
hereby invested with all the powers, privileges & immu- 
nities which the, inhabitants of towns within this Common- 
wealth do or may by law enjoy. 

And be it further Enacted, that Daniel Cony, Esqr. be, 
& he is hereby empowered to issue his Warrant, directed 
to some principal inhabitant of the said Town of Canaan, 
directing him to notify the inhabitants of the said town, 
to meet at such time & place, as he shall appoint, to 
chuse all such Officers as other towns are empowered to 
choose, at their annual meetings in the months of March 
or April annually. June 18, 1788. 



Boundaries. 



1788. — Chapter 10. 

[May Session, ch. 10.] 

AN ACT TO INCORPORATE A PLANTATION, KNOWN BY THE 
NAME OF NORIDGEIVOCK, IN THE COUNTY OF LINCOLN, 
INTO A SEPERATE TOWN BY THE NAME OF NOniDGEWOCK. 

Be it enacted by the Senate & House of Representatives 
in General Court assembled, <& by the authority of the 
same, that the tract of land described & l)ounded as fol- 
loweth, viz. begining at the head of Scowheg an falls, on 



Acts, 1788. — Chapter 11. 17 

Kennebeck River, thence running north, about one mile & 
one hundred & ninety six poles on Canaan line, thence 
west about six miles & a half to Kennebeck inver, at JVb7'- 
idgeivock point, thence South about six miles, & one hun- 
dred & twenty poles, unto a line running east al)out five 
miles & striking the Southwest corner of Canaan, then 
East on said line to said Corner, thence north about three 
miles & three quarters, on the westerly Ijound of Canaan 
& across Kennebeck river, thence down said river, to the 
head of Scorohegan falls beforementioned, together with 
the inhabitants thereon, be, & hereby are incorporated 
into a town by the name of Noridgewock, & the inhabi- 
tants of the said town, are hereby invested with all the 
powers, privileges & immunities, which the inhabitants of 
towns within this Commonwealth do, or may by law enjoy. 

And be it further enacted, that Daniel Coney, esqr. is oaniei Coney, 
hereby empowered, to issue his warrant, directed to some meeting!^ 
suitable inhaliitant of the said town, directing him to no- 
tify the inhabitants of the said town, to meet at such time 
& place as he shall appoint, to choose such ofiicers, as 
other towns are empowered to choose at their annual 
meeting, in the months of March or April annually. 

June 18, 1788. 

1788. — Chapter 11. 

[May Session, ch. 11.] 

AN ACT EMPOWERING THE JUSTICES OF THE SUPREME JUDI- 
CIAL COURT, TO GRANT WRITS OF REVIEW IN CERTAIN 
CASES. 

Whereas the Justices of the Supreme Judicial Court, Preamble. 
are by law empowered in certain cases, to set aside verdicts 
and grant new trials; but are not empoivered by latv, to 
set aside judgments, ivhen I'endered on such verdicts; — 
And forasmuch as the said Justices have no poiver to set 
aside such judgments, many inconveniencies have happened 
and may hereafter happen, unless some remedy be provided : 

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 wherever there hath been or Justices of the 

1 n. 1 11 rj-T 'iTi* Supreme Judi- 

hereaiter may be, any legal cause tor the said Justices ciai court. em- 
before judgment, to set aside any verdict, but neverthe- gra^^t re'li^ews 
less judgment hath been or hereafter may be rendered on ^° certain cases. 
such verdict, the party aggrieved by such judgment, (and 



18 



Acts, 1788. — Chapter 11. 



Whenever by 
reason of acci- 
dent or mistake 
judgment hath 
been or here- 
after may be 
rendered, &c. 



Justices em- 
powered to 
grant a review 
of the action. 



When similar 
cases happen in 
the Courts of 
Common Pleas, 
or before Jus- 
tices of the 
Peace, writs of 
review may be 
granted. 



Proviso. 



not otherwise entitled to a review of the cause) may peti- 
tion the Justices of the aforesaid Court, at any of their 
terms, for a review of such cause ; and the said Justices, 
on due notice to the adverse party, and full consideration 
of such petition, are hereby empowered (if they see fit) to 
grant a review of the said cause, on such terms and con- 
ditions as to them may seem just and reasonable between 
the said parties. 

And whereas by reason of accident, mistake, or some 
unforesee7i cause, judgments have been & hereafter may be 
rendered in the said Court, on discontinuance, non suit, 
nil dicit, non sum informatus, rejport of referrees, or de- 
fault, and suits have been a7id hereafter may be, discon- 
tinued without judgment, to the hindrance or subversion of 
justice : W herefore , 

Be it further enacted by the authority aforesaid, that 
whenever by reason of any accident, mistake, or any un- 
foreseen cause, judgment hath been, or hereafter may be 
rendered, on discontinuance, non-suit, nil dicit, non sum 
informatus, report of referrees, or default, or suits have 
been, or hereafter may be discontinued without judgment, 
to the hindrance, or subversion of justice ; the said Jus- 
tices on petition as aforesaid, are further empowered to 
grant a review of the action in manner as aforesaid. 

And whereas sitnilar cases do happen, m the Courts of 
Common Pleas, & before Justices of the Peace: 

Be it therefore enacted by the authority aforesaid, that 
wherever by reason of any of the causes mentioned in the 
last enacting clause, any judgment in the said Court of 
Common Pleas, or before any Justice of the Peace, hath 
been, or hereafter may be rendered in manner as in the 
same clause is mentioned ; or any appeal hath been or 
hereafter may be prevented, or lost, to the hindrance or 
subversion of justice as aforesaid ; and the party aggrieved 
shall produce in & file with the Clerk of the Supreme Ju- 
dicial Court, a copy of record of the cause duly attested, 
and shall petition the Justices of the same Court, for a 
review of the cause in manner as aforesaid, the said Jus- 
tices may grant a review of the said cause, in manner 
aforesaid, to be heard and determined in the said Supreme 
Judicial Court. 

Provided alivays, that no petition for review, shall be 
sustained after one year and six months from the time of 
rendering judgment in the action, and only one review, 
shall ever be granted in any action, by virtue of this Act. 



Acts, 1788. — Chapter 12. 19 

And be it further enacted by the authority aforesaid ^i\vAt ^J^^l^ll^^'^"^' 
whenever a review is granted by virtue of this Act, a writ &c. 
of review shall be sued out and prosecuted to final judg- 
ment & execution, in the same manner as is provided in 
other actions of review. 

Be it further enacted by the authority aforesaid, that the Justices em- 

*/ */ ^ T)ow6rGd to stav 

Justices aforesaid, to whom any petition shall be preferred executions, &c. 
in manner aforesaid, are further empowered to stay exe- 
cution in the cause, on such conditions as are beforemen- 
tioned ; and whenever the same Justices shall adjudge, 
that the petitioner shall take nothing by his petition, they 
are also empowered to award the respondent his reason- 
able costs, & execution may be sued out accordingly. 

June 18, 1788. 



1788. — Chapter 12. 

[May Session, ch. 12.] 

AN ACT FOR THE EASE OF THE CITIZENS CONCERNING AC- 
TIONS UPON PENAL STATUTES. 

Be it enacted by the Senate and House of Representa- 
tives in General Court asse?nbled, and by the authority of 
^/«e same, that all actions, suits, bills or informations, which ^c.*'°hi;;h"haii 
shall hereafter be had, brought, sued or commenced, for hereafter be 

' '^ ' ' . commenced, for 

any forfeiture, upon any penal statute, made or to be any forfeiture 
made, the benefit whereof, is or shall be by the said Stat- statSte^sh^a^be 
ute, limited in whole or in part, to the person or persons, one"y?arlfter 
who shall inform and prosecute in that behalf, shall be miuedf &c! ''°'"' 
had, brought, sued or commenced, by any person that 
may lawfully pursue the same, as aforesaid, within one 
year next after the oflence committed, or to be committed, 
against the said statute, and in default of such pursuit, 
then the same shall be had, brought, or prosecuted for the 
Commonwealth, at any time within two years after the 
offence committed ; and if any action, suit, indictment or 
information, for any offence against any penal statute, 
shall be brought after the time in that behalf limited, the 
same shall be void, & of none effect, any act to the con- 
trary notwithstanding. 

Provided always, That when any action, suit or infor- Proviso. 
mation, is or shall be limited, by any penal statute, to be 
had, sued, commenced or In-ought within a shorter time, 
than is abovementioned, in every such case, the action, 



20 



Acts, 1788. — Chapter 12. 



Further proviso. 



When hiforma- 
tions are ex- 
hibited, or 
actions com- 
menced, — the 
offence shall be 
laid and al- 
ledged to have 
been committed 
in the county 
where the same 
was in truth 
committed, &c. 



Huit or information, shall be brought within the time lim- 
ited by such statute. 

Provided also, That this Act, or any clause contained 
therein, shall not extend to any action, suit, indictment 
or information, which shall hereafter be had, brought, 
sued or commenced for oflences heretofore committed, by 
any ])erson or persons, against any act or acts, for re- 
straining the taking of excessive usury, if the person or 
persons, who may be sued or prosecuted therefor, have 
for the space of one year from the passing this Act, re- 
fused or neglected to make restitution of the full amount 
of the excessive usury, by him or them, so heretofore 
taken or received, and the lawful interest thereof, from the 
time the same was taken, to the person or persons, his or 
their executors or administrators, or to his or their lawful 
agents or attornies, from whom such excessive usury has 
been taken, or received as aforesaid, if by them thereunto 
required, in person, at any time within the said year, or 
by writing left at his or their last and usual place of abode, 
fourteen days at least, before the expiration of the said 
year ; the cost of travel to make such request, to be paid 
by the person or persons guilty of taking the excessive 
usury ; but in all such cases, the action, suit, indictment 
or information, had, sued and commenced, for the offences 
aforesaid, shall and may be sustained and prosecuted to 
final judgment, any thing in this Act to the contrary not- 
withstanding ; provided the same be commenced within 
two years after the passing this Act, & not otherwise. 

And be it further enacted hy the authority aforesaid, 
that in all informations to be exhibited, & in all actions, 
or suits to l)e commenced, against any person or persons, 
on the l^ehalf of any informer, or on the l^ehalf of the 
Commonwealth, and any informer, for or concerning any 
offence committed or to be committed against any penal 
statute, the offence shall l)e laid and alledged to have been 
committed, in the County where such offence was in truth 
committed, and not elsewhere, and if the defendant in any 
such information, action or suit, pleadeth that he owes 
nothing, or that he is not guilty, and the plaintiff or in- 
former in such information, action or suit, upon evidence 
to the Jury, that shall try such issue, shall not both prove 
the offence laid, in the said information, action or suit, 
and that the same offence was committed in that Count}^ 
the issue shall be found for the defendant or defendants. 



Acts, 1788. — Chapter 13. 21 

Aiid be it further enacted hy the authority aforesaid, 
that if any information, suit or action, shall be brought or Defendants may 
exhibited against any person or persons, for any offence eiaiiBlulflc". 
committed or to be committed, against the form of any 
penal Law, on behalf of any informer, or on behalf of the 
Commonwealth and any informer, it shall T)e lawful for 
such defendants, to plead the general issue, and give any 
special matter in evidence to the Jury, which shall be as 
available to him or them, as if he or they had sufficiently 
pleaded the same matter in bar, or discharge of such infor- 
mation, suit or action. 

Provided ahvays, that this act or any clause contained Proviso. 
therein, shall not extend to any information, suit or 
action, grounded upon any Law or statute, concerning 
the concealing or defrauding the Commonwealth of any 
customs, duties, impost or excises. June 19, 1788. 

1788. — Chapter 13. 

[May Session, ch. 13.] 

AN ACT IN ADDITION TO THE SEVERAL ACTS, FOR RAISING 
A PUBLIC REVENUE BY EXCISES. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that every Collector of Impost & Excise, shall collectors of 

' "^ >- IT- Impost and Ex- 

yearly and every year, before he enters upon the duties cise, shaii give 
of his Office, give bond, with sufficient sureties to the comptroller- 
Comptroller General, payal>le to him, or his successor in ^^^nerai, yearly. 
office, for the use of this Commonwealth, in a sum not 
less than the amount of the collections of the County or 
District, for which he may be chosen the year preceeding 
his election, conditioned for the faithful performance of 
the duties of his office, and to answer for the defaults of 
his Deputies, and he shall also make oath before some 
Magistrate, that he will diligently, ftiithfully & agreeably 
to Law, i)erform all the duties of his Office, during his 
continuance therein ; and the said Collector shall trans- 
mit to the Comptroller General, a Certificate from the 
Magistrate, administering said oath, that he the said Col- 
lector hath taken the oath aforesaid ; and if any Collector 
of Impost or Excise, shall enter upon the duties of his 
Office, without giving bond and making oath as aforesaid, 
he shall forfeit and pay the sum of tJiree hundred jjounds, Forfeiture for 
to be recovered by the Comptroller General for the use bonfr&c! ^"''^ 
of this Commonwealth, by action of debt or information. 



22 



Acts, 1788. — Chapter 14. 



Clause respect- 
ing receipts or 
certificates 
wtiicli may be 
forged, or given 
by persons 
under feigned 
names. 



Times fixed for 
Collectors to 
render their ac- 
counts to the 
Comptroller- 
General, &c. 



And ivhereas it appears that Receipts or Certificates, 
pi'omising to account for the duties on excised articles, have 
been given hy persons under feigned na77ies, or forged by the 
persons producing the same; for the preve7itio7i whereof: 

Be it enacted, that if aii}^ person authorized to sell excised 
articles, shall produce to the Collector of excise, a Cer- 
tificate, purporting to be the Certificate of a licenced or 
permitted person, and the Collector of the County or Dis- 
trict, where it is said the signer of such Certificate lives, 
shall certify on the back of such Certificate, that he has 
made diligent enquiry, and cannot find within his District, 
the person whose signature such Certificate shall bear, in 
such case the Collector of the County where the person in 
whose favour such Certificate was given lives, & who was 
discharged from the duties in consequence thereof, shall 
be held to pay on demand, the duties on the articles con- 
tained therein, & twenty per centum in addition thereto, 
and on failure thereof, the Collector shall deliver such 
Certificate to the Attorney General, to be proceeded upon 
according to law. 

And be it further enacted, that every Collector of Im- 
post and Excise, shall once in every six months, to wit, 
some time lietween the eleventh day of June, and thirty 
first day of July, and between the eleventh day of Decem- 
ber and thirty first day of January, render to the Comp- 
troller General, an accurate account under oath, of all the 
collections he has made the preceeding term, together 
"with the names of all Delinquents, and a statement of their 
respective Delinquencies : And the Comptroller General 
shall lay before the General Court, at their session, next 
following the said thirty first days of July & January, a 
General account of the collections made by the several 
Collectors of Impost and Excise, with the names of all 
such Collectors, as shall neglect to render their accounts 
as aforesaid. June 20, 1788. 



Town of Well- 
fleet, authorized 
to choose a 



1788.— Chapter 14. 

[May Session, ch. 14.] 
AN ACT FOR PREVENTING THE DESTRUCTION OF ALEWIVES 
• IN THE TOWN OF WELLFLEET, AND REGULATING THE 
FISHERY OF THEM IN THE SAID TOWN. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that it shall & may be lawful for the freeholders 
and other inhabitants of the Town of Wellfieet, qualified 



Acts, 1788. — Chapter M. 23 

by Law to vote in town aflairs, at their annual meeting, Committee, 
by law appointed for the choice of Town Officers, to 
choose a Committee of three or more persons l)eing free- 
holders of said Town, to inspect the said fishery of Ale- 
wives, who shall be duly sworn to the faithful discharge 
of their duty :— And the said Committee shall have full JheiyP"^^'-^ 
power and authority, to meet, agree & determine, upon 
rules and regulations respecting the taking the said fish, 
at what time, place or places the same shall be taken, 
within the limits of the said Town ; and of the rules and 
reguhitions, agreed and determined upon ])y the said 
Committee or the major part of them, they shall cause 
fair copies to be posted up in three ditierent parts of the 
said Town, within fourteen days at the least, after their 
having lieen chosen as aforesaid, and shall also fix marks 
or bounds in the place or places allowed for fishing. 

A.nd be it further' enacted, that if any person or persons, Penalty for tak- 
shall take any of the said fish in the rivers, streams or time or piacef 
ponds, within the said Town, at any other time or place, by\hecI)m-°^ 
than shall be allowed 1w the said Committee, as aforesaid, ™i"ee. 
each person so offending, for each and every such ofience, 
shall, on conviction thereof, pay a fine not exceeding 
tiuenty shUUngs, nor less ihviXifive shillings, if the quantity 
of fish so taken, is less than one barrel ; but if the quan- 
tity so taken, shall be one barrel, or more, such person or 
persons so ofi'ending, shall forfeit and pay for each and 
every barrel of fish so taken, the sum of twenty shillings. 

And be it further enacted, that if the Committee afore- Penalty when 
said, or either of them, shall detect any person in attempt- deLcted^^n^t-"^^ 
ing to take any of the said fish, at any time or in any take^fis^if ^° 
place, other than is allowed l)y the said Committee, as 
aforesaid, or shall find such fish with such person or per- 
sons, he or they shall be deemed to have taken the fish 
unlawfully, and shall Ije subject to the penalties of this 
Act, as before-mentioned, unless 'such person or persons 
can make it appear on trial, that they came by the said 
fish in some other way. 

And be it further enacted, that no person shall presume Penalty for pre- 
to take, catch or haul on shore, any of the said fish within or catch fish, 
the limits of the said Town, with any other nets than with ^^'u than scoop 
scoop or dip nets, on pain & penalty, of forfeiting for each o>" dip-nets. 
and every offence, a sum not exceeding /b7-/y shillings, 
nor less than thirty shillings. xVnd the said Committee 
shall, during the passing of the said fish up the rivers and 



24 



Acts, 1788. — Chapter 14. 



Committee to 
cause obstruc- 
tions to be re- 
moved, &c. 



No inhabitant 
of any other 
town, shall take 
any fish, with- 
out leave from 
the town of 
Wellfleet. 



Proviso. 



Fines and for- 
feitures, how 
recovered and 
applied. 



streams Avithin the said Town, as well as during the return 
of the said fish, & of the passing of their fry, from the 
ponds to the sea, cause all obstructions to their passage, 
whether by wares, fences, walls, or otherwise, to be re- 
moved, & may make wider or deeper the said passage 
ways, when they shall judge it necessary, the said Com- 
mittee paying a reasonable consideration therefor, if de- 
manded ; and shall have authority for those purposes, to 
go on the land or meadow of any person, through which 
any of the said streams run, without being considered as 
trespassers ; and any person who shall molest or hinder 
the said Committee, in the execution of their duty, or 
shall in any way or manner, obstruct the passing of the 
said fish, by wares, fences, walls or otherways, shall for- 
feit & pay a sum not exceeding forty shillings, nor less 
than tliirty shillings. 

And be it further enacted, that no inhabitant of any 
other Town, than the said Town of Wellfleet, shall catch 
or take any of the said fish, in any of the rivers, streams 
or ponds, within the said Town of Wellfleet, without leave 
had therefor in writing, of the said Town of Wellfleet, or 
of their said Committee. 

Provided nevertheless, that during the fishing season, 
any inhabitant of the neighbouring Towns, shall be sup- 
plied by the Committee, or some person by them ap- 
pointed for that purpose, to the number of three hundred 
of the said fish, or any less quantity, if thereto requested, 
such inhabitant paying therefor at a rate not exceeding 
one shilling per hundred ; and in case of neglect or refusal 
to supply such inhalutant as aforesaid, upon application 
of the aggrieved person, to any Justice within the County 
of Barnstable, not an inhabitant of Wellfleet, such Justice 
may authorize and appoint some suitable person to catch 
and take the said fish, and supply the inhabitants of the 
neighbouring Towns therewith, the person so appointed, 
to conform to the rules established by the said Committee, 
respecting the time &, place of taking the said fish, and to 
be allowed by the said Justice, from the sale of the fish he 
shall so take, a reasonable sum, for his time and trouble ; 
& if any overplus remain after being paid as aforesaid, 
the same shall be by him paid to the Treasurer of the said 
Town of Wellfleet. 

And be it further enacted, that all fines and forfeitures 
incurred by any breach of this Act, may be sufed for & 



Acts, 1788. — Chapter 15. 25 

recovered, before any Justice of the Peace in the said 
County of Barnstable; and all fines recovered for any 
breach of this Act, shall enure^ one moiety thereof to the 
said Town of WeJJfleet, and the other moiety to him or 
them that shall sue for & recover the same. And no per- 
son l)y reason of his being one of the said Committee or 
an inhabitant of the Town of WeUjieet, shall thereby be 
disqualified from l)eing a witness in any prosecution for a 
breach of this Act. June 19, 1788. 

1788. — Chapter 15. 

[May Session, ch. 15.] 

AN ACT FOR NATURALIZING WILLIAM MENZIES, AND OTH- 
ERS, THEREIN NAMED. 

^V7lereas William Menzies, late of Great Britain, noiv Preamble. 
residing in Douglass, in the Conn h/ of Worcestev, Paul 
Crocker, and Lydia Crocker, his wife, and their three 
minor grand children, namely, Joanna Crocker Chute, 
Paul Crocker Chute, & George Washington Chute, late of 
Annapolis, in the Province of Nova Scotia, noio residing 
in Lunenburg, in the County of Worceatev, and Common- 
2vealth aforesaid, and Francois Bertodi, of the Kingdom 
of Persia, have petitioned the General Court, that they may 
he naturalized, and he therehy entitled to all the rights and 
jjrivileges of free citizens of this Commomvealth : 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assetnhled, & hy the authority of 
the same, that the aforenamed William Menzies, Fixincois wmiamMen- 
Bertodi, .Paid Crocker, and his aforenamed grand chil- naturalized. 
dren, (they the said Willia7n Menzies, Paul Crocker & 
Francois Bertodi, first severally paying to the Secretary, 
such fees as may be by law required of them, & taking 
and subscribing the oath of allegiance to this Common- 
wealth, before two Justices of the Peace, quorum unus) 
shall be deemed, adjudged and taken to be free citizens 
of this Commonwealth, and intitled to all the liberties, 
privileges & immunities of natural born subjects. 

And he it further enacted by the authority aforesaid, 
that the eTustices before wdiom the persons aforenamed, oaths'ufife^'et 
may respectively take the oaths aforesaid, shall return a turned. 
certificate, of the same, into the Secretary's oflice, to be 
entered on the records of the Commonw^calth. 

June 19, 1788. 



26 



Acts, 1788. — Chapter 16. 



No action shall 
be brought 
against any 
person, upon 
any special 
promise, &c. 
unless the agree- 
ment shall be in 
writing, and 
signed by the 
party. 



No contract for 
the sale of 
goods, shall be 
allowed to be 
good, except the 
purchaser shall 
accept a part of 
such goods, &c. 



Clause respect- 
ing fraudulent 
transactions of 
debtors in exe- 
cution. 



1788. — Chapter 16. 

[May Session, ch. 18.] 
AN ACT TO PREVENT FRAUD AND PERJURY. 

Be it enacted by the Senate and House of Rej)resenta- 
tives in General Court assetuhled, & by the autliority of 
the same. That no action, shall be brought, whereby to 
charge an executor or administrator, upon any special 
})romise to answer damages out of his own estate ; or 
whereby to charge the defendant, upon any special prom- 
ise, to answer for the debt, default or misdoings of 
another person, or to charge any person upon any agree- 
ment made upon consideration of marriage, or upon any 
agreement that is not to be performed within the space of 
one year, from the making thereof, unless the agreement 
upon which such action shall be brought, or some memo- 
randum, or note thereof, shall be in writing, and signed 
by the party, to be charged therewith, or some other per- 
son thereunto by him lawfully authorized. 

And be it further enacted by the authority aforesaid, 
that no contract for the sale of any goods, wares or mer- 
chandize, for the price of ten pounds or more, shall be 
allowed to be good, except the purchaser shall accept part 
of the goods so sold, and actually receive the same, or 
give something in earnest to bind the bargain, or in part 
payment, or that some note or memorandum in writing 
of the said bargain be made and signed, hy the parties to 
be charged l)y such contract, or their agents, thereunto 
lawfully authorized. 

And be it further enacted by the autliority aforesaid, 
that whenever a debtor in execution, having goods, effects 
or credits, to the amount of ten j)ounds or more, (that 
are unattachable by the common & ordinary process of 
law) shall spend or use the same, or so much thereof for 
his subsistence, as shall amount to the sum upon which he 
is committed in execution, without giving the creditor, 
his agent, factor or attorney, notice where, and of what 
kind they are, and enabling him, if he thinks proper, to 
accept the same, or such i)art of them, as will amount to 
the debt, for which he is in execution, in satisfaction 
thereof, such neglect shall be esteemed and taken, as a 
fraudulent transaction in the debtor ; and every person 
who shall knowingly aid and assist a debtor, in such 
fraudulent transaction, shall be answerable and chargeable 



Acts, 1788. — Chapter 17. 27 

to the creditor, to double the full value of the money, 
goods, or effects, by him or them thus secreted, spent or 
embezzled, in a special action on the case. 

And be it further enacted hy the authority aforesaid, 
that whenever a judgment creditor, shall discover ji-oods, when a judge- 
effects or credits of his del)tor, that are unattachable by ehaii discover' 
the common and ordinary process of law, he shall be en- ws^debfo'V.'that 
titled to the process provided in the act, made to enable ^b^e"— pro- 
creditors to receive their iust debts, out of the effects of vision in such 

. «' ' cases. 

their absent or absconding debtors ; and upon the agent, 
factor or trustee's Ijeing summoned in the manner the said 
act directs, all the money, goods, effects and credits in his 
hands, shall be secured to respond the judgment that niaj^ 
be given thereon, and he shall answer thereunto, at the 
first term, in case his principal has personal or other sufli- 
cient and legal notice of the suit, fourteen days before the 
Court's sittino-. 

Provided ahvays, that upon a judgment creditor's pur- Proviso. 
suing such remedy to recover his debt, he shall within 
seven days after the same process on the supposed agent 
is served, discharge the body of the debtor (in case he is 
taken in execution upon the same judgment) by a note or 
memorandum in writing, directed and delivered to the 
Officer, who has him in custody, stating the reason & oc- 
casion of the discharge of the person of the delator ; and 
such a discharge shall not vacate, annul or in any manner 
injure the original judgment ; l)ut in case the judgment 
creditor, shall not within the seven days discharge the 
person of the debtor, in manner aforesaid, the process 
commenced as aforesaid, shall abate, and the debtor shall 
recover treble costs. Jvne 19, 178S. 

1788. — Chapter 17. 

[May Session, ch. 16.] 
AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO 
BRING INTO THE PUBLIC TREASURY, THE SUM OF ONE 
HUNDRED AND SIXTT-THREE THOUSAND AND TIVO HUN- 
DRED POUNDS, IN PUBLIC SECURITIES, BY A SALE OF A 
PART OF THE EASTERN LANDS, AND TO ESTABLISH A LOT- 
TERY FOR THAT PURPOSE." 

Whereas some of the j^^'ojjrietors of the j)rize lots drawn Preamble. 
in the Lottery aforesaid, have represented, that their said 
lots are scattered over a great extent of territory, belonging 
to the Commonwealth, and are desirous of exchanging the 
same ivith the CommomoealtJi, in such manner that their 



28 Acts, 1788. — Chapter 18. 

lots may lie together: And ivJtereas it is for the interest of 
the (Jommonwealth, that their request should be granted: 
Therefore he it enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the au- 
prTz^"ot8r°^ iliority of the same, That upon application of any number 
chairge'\he same ^^ pi'oprietors wlio liavG clrawu, or are intitled to prize- 
withtheCom- lots as aforesaicl, equal to the contents of a Township, to 
the Committee on the subject of unappropriated lands, in 
the Counties of York, Cumberland and Z/incoln, for either 
of the Townships within and upon the borders of the tract 
appropriated to the said Lottery, they shall be intitled to 
receive a deed of the same ; reserving however, the lots 
appropriated to public uses in such Township ; and also 
reserving, the lots therein, which are drawn by advent- 
urers, to the persons who drew them, or to their heirs or 
assigns, agreeably to the plan in the Secretary's Office ; 
also reserving to any settler on the said lands, or person 
who may have actually made improvements thereon, pre- 
vious to the passing of this act, a right to purchase the 
same of this Commonwealth, at any time within twelve 
months from the date hereof; the residue of such town- 
ship, to be divided in such manner, as the said associators 
or adventurers, may agree upon. 
Proviso. Provided however, that application to the Committee 

aforesaid, be made within six months from the passing 
this Act, and that the said adventurers, bear the expence 
of causing the said Township so applied for, to be sur- 
veyed under the inspection of the said Committee. 
prizeJotsTAe And be itfurtJter enacted, that upon the execution of a 
revested in the deed, by the Committee as aforesaid, to the adventurers 
" applying therefor as aforesaid, and their endorsing the 
Tickets, entitling them to such prize-lots, & releasing the 
same to the Commonwealth, the title to such prize-lots, 
for which such township shall be exchanged as aforesaid, 
shall be vacated, & become void ; and the same shall be 
revested in, and enure to the Commonwealth, as fully, to 
all intents & purposes, as if the same had not been granted 
to, or drawn by such adventurers. June 20, 1788. 

1788. — Chapter IS. 

[May Session, ch. 17.] 

AN ACT TO PREVENT THE DESTRUCTION OF SALMON AND 

SHAD, IN CONNECTICUT RIVER. 

Preamble. Wheveas it has been represented to this Court, in sun- 

dry i^etitions from the inhabitants of several towns in the 



Acts, 1788. — Chapter 18. 29 

County of Hampshire, that by reason of the great number 
of seines and nets, ivhich are constantly used during the 
fishing season, in taking Salmon and Shad in Connecti- 
cut river, they have decreased for a number of years past, 
& that there is great danger the fishery in the said river 
luill be destroyed: 

Be it therefore enacted by tli.e Senate & House of Rep- 
resentatives in General Court assembled, and by the au- 
thority of the same, that no person or persons from & after No person ai- 
the passing this Act, shall catch any Sahiion or Shad in fi°shf excep't on 
any part of Connecticut river, within this Commonwealth, *^^ ^""^^ ^^®''- 
or in any river or stream riming into the same, oftener or 
more than four clays in a week, the days to be, Monday, 
Tuesday, Thursday and Friday, in each week, namely, 
from sunrise on Monday, to sunrise on Wednesday, & 
from sunrise on Thursday, to sunrise on Saturday. 

And v:hereas the fishing on or near to the Falls, in the 
said River, called South-hadley falls, tends greatly to ob 
struct the fish in going up the said falls: 

Be it enacted by the authority aforesaid, that from and f^klng^fifh^at 
after the passino" this act, no tish shall be taken on the any other time 

• 1 ,1 n n T rv 7 7 17 ^77 -ji • •! or place, than 

said talis, called South-hadley falls, or withm one mile by this act is 
below the said falls, except on Tuesda}^ & Wednesday in * "''^ " 
each week, and from sunrise on Tuesday to sunrise on 
thursday. and if any person or persons shall catch any 
Salmon or Shad, in Connecticut river, or in any river or 
stream runing into the same, or shall drag any seine or 
drag-net, or use or set any scoop-net, or any other net 
or machine for the purpose of catching any of the said 
fish, at any other time or place, than by this act is allowed, 
in the said river and streams, within this Commonwealth, 
every person so offending shall forfeit and pay for each 
and every such oftence, the sum of ten pounds. 

And be it further enacted by the authority aforesaid, 
that no person or persons whatsoever, from and after the Penalty for tak- 
passing this act, shall catch aii}^ Salmon or Shad, with seines or nets 
seines or nets, more than twenty rods in length, in the ^ds^n^Tngth. 
said Connecticut river; and if any person shall presume 
to fish in the said river, with a seine or net exceeding the 
length of twent}^ rods, he shall for each ofl'ence, forfeit 
and pay the sum oi ten pounds. 

And be it further enacted, that all fines and forfeitures Fines and for. 
incurred by any offence committed against this act, shall recovered °&c. 
enure, the one moiety thereof, to the use of the Countj^of 



30 



Acts, 1788. — Chapter 19. 



Hampshire, & the other moiety to him or them who shall 
make information of the same, and shall be recovered by 
action of debt or information, or T)y indictment or pre- 
sentment in the Supreme Judicial Court, or Court of Gen- 
eral Sessions of the Peace for the said County. 

June 20, 1788. 



Preamble. 



Proceedings of 
Justices, con- 
firmed and ren- 
dered valid. 



1788. — Chapter 19. 

[May Session, ch. 19.] 

AN ACT TO CONFIRM THE DOINGS OF JUSTICES OF THE PEACE, 
WHOSE COMMISSIONS HAVE EXPIRED, OR MAY HEREAFTER 
EXPIRE, AND BE AGAIN RENEWED. 

Whereas by the Constitution of this Commonwealth, the 
commissions of Justices of the peace, expire at the end of 
seven years; and whereas it has heretofore happened, & 
w.ay hereafter so happen, that much business which has 
been, or may be began by them in the execution of the du- 
ties of their office, & the business so begun by them has not 
been or may 7iot be compleated, & carried into full execu- 
tion, before the expiration of the said term of their com- 
missions ; & as doubts have arisen whether such actions, 
doings & proceedings, can survive & remain valid after 
the expiration of the term of such former commissions, & 
be again re-assumed tC proceeded upon, after such commis- 
sions have or shall be I'eneived : 

Be it therefore Enacted by the Senate & House of Rep- 
resentatives in General Court Assembled, (& by the au- 
thority of the same, that all such actions, doings & 
proceedinos of Justices of the peace within this Common- 
wealth, which have been re-assumed & carried into execu- 
tion since the renewal of their said Commissions, he, &> 
they hereby are confirmed & rendered valid, to all legal 
intents, as fully as if the Commissions, under authority 
whereof they originated, had continued in force, until the 
final issue of such actions & proceedings aforesaid. 

Aiid be it further enacted by the authority aforesaid^ 
that all Justices of the Peace as aforesaid, before whom 
actions may be commenced under former Commissions, & 
such Commissions have or shall expire before judgment 
has been or shall be rendered thereon, or judgment being 
rendered, the same remains in whole or in part unsatisfied, 
such Justices of the Peace, who have heretofore or shall 
hereafter have their said Commissions seasonably re- 



Acts, 1788. — Chapter 20. 31 

newed, & being duly qualified agreeably to the Constitu- 
tion of this Commonwealth, to act under such Commis- 
sions, be, & they hereby are authorized & impowered, to 
render judgment & issue execution on all such actions, 
commenced as aforesaid, in the same manner as if the 
Commissions under which such actions were or may be 
commenced, were in full force. June 20, 1788. 

1788. — Chapter 30. 

[May Session, ch. 20.] 

AN ACT IN ADDITION TO THE ACT, "FOR REGULATING THE 
PROCEEDINGS ON PROBATE BONDS, IN THE COURTS OF 
COMMON LAW, AND DIRECTING THEIR FORM IN THE SU- 
PREME COURT OF PROBATE." 

Whereas in and by the last section of the said Act, it is Preamble. 
enacted, " That when judgment shall be rendered, upon 
any probate bond, against the obligors, their executors or 
administrators, and the party or parties, against ivhom 
such judgment shall be rendered, shall by Laio be entitled 
to a review thereof, execution shall be suspended, or stayed 
in such Counties, as have but one Supreme Judicial Court 
annually, for the space of six Kalender months, to com- 
mence on the day of rendering the judgment ; and in such 
Counties as have tivo Supreme Judicial Courts annually, 
execution 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,) 
revieiv the same." — by reason of which, all attachments 
of real or personal pro'perty, on the original writ, for 
bringing forward such suits, are rendered useless and in- 
effectual, for satisfying the judgments that may be given 
therein: 

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 it shall & may be lawful for the when judgment 
party or parties, for whose use and benefit a judgment, bat°e°BoJd 8h°aii 
upon any probate bond, may be hereafter rendered, (as rlnde7ed?the 
soon as twenty four hours shall be expired, after the judg- PygugPu^"®* 
ment shall be entered up) to sue out execution thereupon, execution, &c. 
any thing in the said recited section to the contrary not- 
withstanding : Provided the person or persons, sueing out Proviso, 
the same execution, shall give bond, to the party or par- 
ties against whom the same shall issue, (and file the bond 



32 Acts, 1788. — Chapter 20. 

in Court for his or their use) in double the sum named in 
the execution, with surety or sureties, to the acceptance 
of the Court, with condition to refund and i)ay to him or 
them, whatever sum or sums, shall be received or levied 
by virtue thereof, more than sufficient to satisfy the final 
judgment, that may he given in his or their favour, upon 
a writ of review, that may be commenced thereupon, 
within the time by law limited for such review : And if at 
the time of rendering the final judgment on the review, it 
shall appear to the Court, that the party or parties, sue- 
ing out execution as aforesaid, have received or levied 
thereon a larger sum than the final judgment, it shall and 
may l)e lawful for the same Court, and they are herel)}" 
authorized & impowered, to enter up judgment in favour 
of the obligee, for the restitution thereof, and thereupon 
to issue execution for the same, against the said obligors 
(or so many of them as shall be then living) in as full and 
ample a manner, as though a suit was commenced and 
prosecuted on the same bond. 

And be it further enacted by the authority aforesaid, 
WhenBuite that whcu any suit shall hereafter be In'ought, on a pro- 
be brought on l)ate bond, and the principal obligor named in the bond is 
B°ond,'^what Hviug and resident within the Government, and shall not 
shaffbe ha^d, &c. ^^ named in the writ, or if named, shall not be attached 
or summoned to answer thereunto, it shall & may ho. law- 
ful for the Court, at the request of the surety or sureties, 
that may be attached or summoned thereb}^ to continue 
the same cause to the next term, or to some distant day 
in the same term, if upon a consideration of the circum- 
stances attending the suit, they shall determine such con- 
tinuance reasonable or expedient ; to the end such surety 
or sureties may purchase out a writ in such form, as the 
same Court shall direct, for attaching the property, secur- 
ing the person or summoning the principal to come in & 
become a party to the suit ; and in case the principal 
(after being attached, or summoned upon such process, 
fourteen days, or more, prior to the time of his being 
directed to appear & answer) shall not appear, and answer, 
the Court are hereby authorized and impowered to render 
judgment against him, in the same way and manner they 
might have done, had such principal been duly named and 
legally summoned by the original writ, which commenced 
the suit, and he had neglected to appear, or appearing, 
had neo-lected to make answer thereto. 



Acts, 1788. — Chapter 21. 33 

And be it further enacted hy the authority aforesaid, 
That a law made and i:)assed, the eiijhteenth day of 3irt?'c/i, Former act 

, ~ . repealed. 

one thousand seven hundred & eighty eight, mtitled " An 
Act in addition to, and for explaining an Act, passed in 
the year, one thousand seven hundred and eighty seven, 
intitled "An Act for regulating the proceeding on pro- 
bate bonds, in the Courts of Common law ; and directing 
their form in the Supreme Court of Probate," be, and 
hereby is repealed. Jime 20, 1788. 

1788. — Chapter 21. 

[October Session, eh. 1.] 

AN ACT FOR INCORPORATING A NUMBER OF THE INHABI- 
TANTS OF THE TOWN OF GROTON, IN THE COUNTY OF MID- 
DLESEX, OF THE PRESBYTERIAN DENOMINATION, INTO A 
SEPERATE PARISH. 

Whereas a number of the inhabitants of the town of Preamble. 
Groton, have petitioned this Court to be incorjporated, for 
the reasons expressed in their petition, and it a])pearing to 
this Court reasonable that the prayer be granted: 

Be it therefore Enacted by the Senate, and House of 
Representatives in General Court assembled, and by the 
authority of the same, that Joseph Sheple, Jason Williains, 
Daniel Williams, Lemuel Blood, Moses Child, Amasa 
GiUson, David Hazen, Ezehiel Nutting, junr. Solomon 
Gillson, Thomas Gragg, Levi Lakin, David Lakin, Job 
8hattuck,junr. Isaac Lakin, Isaac Lakin, junr. Ezekiel 
Nutting, Benjamin Lawrence, Andreiv Dodge, Samuel 
Gragg, Caleb A. Willard, Oliver Fletcher, John Nutting, 
Amos Woods, Levi Parker, Silas Blood, Oliver Batch, 
John Lawrence, John Gragg, Jonathan Pratt, Oliver 
Lakin, Benjamin Hazen, Nehemiah Gillson, John Hazen, 
Nathaniel Green, Jonas Green, John Woods, Jacob Lakin 
Porker, Oliver Fletcher , junr . Jacob Gragg, James SJieple, 
Wilder Sheple, John Troivhridge, Isaac Lawrence, Elisha 
Hoit, Thomas Troiubridge, John Joftnson, Simeon Wil- 
liams, Ezra Farnsivorth, Royal Blood, James Woods, 
Ebenezer Stacy, Sadoc Fletcher, Jonathan Sheple, Na- 
thaniel Sartell, Thomas Nutting, Oliver Lakin, junr. 
Salmon Lawrence &, Benjamin Parker, petitioners, and separate parish 

• 11* i> 1 ' -I f /^ 1 'ii. incorporated. 

inhai)itants ot the said town ot Groton, together with their 
polls and estates, be, and hereby are incorporated into a 
seperate })arish, or society, by the name of the pres])yte- 



34 



Acts, 1788. — Chapter 22. 



Any person at 
liberty to join 
with the other 
parish, &c. 



Israel Hobart, 
Esq. to call a 
meeting. 



rian parish or society, in the said town of Groton, with 
all the priviledges, powers and immunities which other par- 
ishes in this Commonwealth, are intitled to by law ; they 
the said parish or society making provision for, and main- 
taining the public worship of God, in the said Parish or 
society, according to the presbyterian rules and discipline. 

And be it further enacted by the authority aforesaid, 
that when any person or persons in either parish of the 
said town of Groton, shall be inclined to join with his or 
their families, to the other parish in said town, he or they 
shall have full liberty so to do : Provided he or they sig- 
nify the same in writing, lodged with the town Clerk, 
three months before he or they, and their estates, shall be 
considered as belonging to such Parish as aforesaid. 

And be it further Enacted by the authority aforesaid, 
that the meml)ers of each respective Parish, and their 
families, shall be deemed and considered as continuing 
members of their respective Parishes, until they shall sig- 
nify their determination to the contrary in manner as 
above expressed. 

And be it further enacted by the authority aforesaid, 
that Israel Hobart, Esqr. be, and hereby is authorized to 
issue his Warrant directed to some principal member of 
the said Presbyterian Parish or society, requiring him to 
warn the members of the said parish or society, qualified 
to vote in parish aftairs, to assemble at some suitable time 
and place in the said town, to choose such officers as Par- 
ishes are by law required to choose in the month of March 
or April, annually, and to transact all matters and things 
necessary to be done in the said Parish. 

November 19, 1788. 



Boundaries 
incorporated. 



1788. — Chapter 33. 

[October Session, ch, 2.] 

AN ACT TO INCORPORATE THE PLANTATION KNOWN BY THE 
NAME OF WALPOLE, IN THE COUNTY OF LINCOLN, INTO 
A TOWN BY THE NAME OF NOBLEBOROVGH. 

Be it enacted by the Senate & House of Representatives 
in General Court assembled, & by the authority of the 
same. That the plantation called Walpole, in the County 
of Lincoln, as described in the folloAving boundaries, viz. 
Begining at a place called Brown's Cove, on the easterly 
side of Damascotta river, adjoining on the town of Bristol, 



Acts, 1788. — Chapteb 23. 35 

north line ; thence runing an east course hy said Bristol 
line, eleven hundred & twenty poles, to a stake & stones 
on the westerly side of Pemaquid Pond; thence north 
twenty degrees east four hundred poles up said pond, to 
the mouth of Duck-jjuddle-hrooh, so called ; thence north 
eleven degrees east, nine hundred poles to a pine tree at 
the head of Puck-puddle-pond, marked on four sides ; 
thence north three hundred & sixty poles to a pine tree 
marked on four sides ; thence north twenty two degrees 
& thirty minutes east, twelve hundred & eighty poles to a 
pine tree, standing at the head of Moody's meadoiv, so 
called ; thence west north west, seven hundred & sixty 
poles to a pine tree marked on four sides, standing on the 
east side of Pamascotta pond ; thence Southerly & East- • 
erly b}^ said Pamascotta pond and river, to the first men- 
tioned bounds, together with the inhabitants thereon, be, 
& they are hereby incorporated into a town by the name 
of JSTobleborougJi, with all the powers, priviliges & immu- 
nities which other towns in this Commonwealth do or may 
by Law enjoy. 

Ajid he it further enacted, that Thomas Rice, esqr. be, Thomas Rice, 
& he hereby is impowered & directed to issue his warrant, mletiDV^ 
directed to some suitable inhabitant of said town, requir- 
ing him to notify the inhabitants of the said town of JSfo- 
blehorough, to assemble at such time & place as he shall 
appoint in the said warrant, & choose all such officers as 
towns are by law required & empowered to choose in the 
months of March or Ap)ril annually. 

November 20,1788. 

1788. — Chapter 23. 

[October Session, ch. 3.] 

AN ACT FOR CONFIRMING TO NATHANIEL GORHAM, AND 
OLIVER PHELPS, ESQUIRES, A CERTAIN TRACT OF LAND, 
PURSUANT TO A CONTRACT MADE WITH THEM FOR THAT 
PURPOSE. 

Whereas the Legislature of this Commonivealth, by 
their resolve of the first of April last, did agree to grant, 
sell and convey to the said Nathaniel Gorham and Oliver 
Phelps, all the right, title, and demand ichich the said 
Commonwealth, has in and unto the said lands, ceded by 
the State of New York, to the said Commonwealth, by 
Peed executed by their resjjective Commissioners^ at Hart- 



36 



Acts, 1788. — Chapter 23. 



Tract of Land 
granted & con- 
firmed. 



Boundaries. 



ford, tJie sixteenth day of December, in the year of our 
Lord, One thousand seven hundred and eighty six, ujyon 
the conditions in the said resolve expressed. 

And ivhereas the said Nathaniel Gorliam & Oliver 
Phelps, have on their part -performed the said agreement, 
and complied with the conditions of the said resolve. A.nd 
ivhereas the said Nathaniel Gorham and Oliver Phelps, 
hy virtue of authority derived from the aforesaid resolve, 
have hy deed from the Sachems, Chiefs and Warriors 
of the five nations of Indians, bearing date the eighth day 
of 3 xAj last, purchased the claims of the native Indians, 
to the fee or right of soil, in part only of the said kmds, 
as contained within the descriptions of the Deed, hereafter 
inserted, which purchase appears to have been made under 
the superintendency prescribed, and in the manner intended 
hy the aforesaid resolve : 

Be it therefore Enacted by the Senate and House of 
Hepresentatives in General Court assembled and by the 
authority of the same. That there be and herel)y is granted 
and confirmed unto Nathaniel Gorham, of Charlestown, 
in the County of Middlesex, Esquire, and Oliver Phelps, 
of Granville, in the County of Hampshire, Esquire, their 
heirs and assigns, all the right, title, claim and demand 
which this Commonwealth has, in and to the following 
tract of land, to wit: beginning on the north boundary 
line of the State of Pennsylvania, in the parrallel of forty 
two degrees north latitude, at a point distant eighty two 
miles west from the north east covnevoi Pennsylvania, on 
Delaware river, as the said boundary line has been run 
and marked hy the Commissioners of the States of JSfew 
York and Pennsylvaiiia respectively, and from the said 
point or place of beginning, runing west upon the said 
line to a meridian, which will pass through that corner or 
point of land made l^y the confluence of the Kanahasgicai- 
con Creek, with the waters of the Genisee river, thence 
north along the said meridian to the corner or point last 
mentioned, thence northwardly along the waters of the 
said Genisee River, to a point two miles north of Kana- 
tvogeras Village, so called, thence running in a direction 
due west twelve miles, thence running in a direction 
northwardly so as to be twelve miles distant from the 
most westward bounds of the said Genisee River to the 
shore of the Ontario Lake, thence eastwardly along the 
shores the said lake to a meridian which will pass through 



Acts, 1788. — Chapter 24. 37 

the first point or place of beginning aforementioned, thence 
south along the said meridian to the first point or place of 
beginning aforesaid, being such part of the whole tract 
purchased Ijy the Grantees as aforesaid, as they have ob- 
tained a release of from the natives, together with all the 
appurtenances to the aforedescribed tract belonging : To 
have & to hold the same to them the said Nathaniel Gor- 
ham & Oliver Phelpf^, their heirs and assigns forever, as 
tenants in common and not as joint tenants. 

November 21, 1788. 

1788. — Chapter 34. 

[October Session, ch. 4.] 

AN ACT FOR GRANTIXG A LOTTERY FOR THE PURPOSE OF 
PURCHASING AN ORRERY, MADE BY JOSEPH POPE, FOR 
THE USE AND BENEFIT OF THE UNIVERSITY AT CAM- 
BRIDGE. 

Whereas His Honour the Lieutenant Governour, and Preamble. 
several other persons of respectable characters, have peti- 
tioned this Court, that an Act way pass, authorizing such 
managers as may be thereby appointed, to raise by Lottery 
a sum of money for the purp)Ose of purchasing an Orrery 
made by Joseph Pope of Boston, /b?' the use and benefit 
of the University at Cambridge : And whereas this Court 
are ivilling at all times to encourage the efforts of ingenuity , 
and to aid a 2^lan which has the advancement of Science 
and the public good for its object. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, <& by the authority of 
the same, that there be and hereby is granted a Lottery Lottery granted. 
for- raising a sum not exceeding five hundred & fifty 
pounds, the profits of which, after payment of the neces- 
sary expences of managing the same, shall be applied for 
the purpose of purchasing said Orrery for the use of the 
University at Cambridge, forever. 

And be it further enacted, that Samuel Eliot, Henry uan&geTaap. 
Hill and Aaron Dexter, Esquires, or any two of them, be ^°^°'^ ' 
and hereby are appointed Managers of the said Lottery, 
whose business it shall be to concert & publish a scheme 
for the purpose of such Lottery, & to publish a correct 
list of all prizes which may be drawn in the said Lottery, 
in some one of the Boston news-papers, within twenty 
days after the drawing thereof shall be compleated, and 



38 



Acts, 1788. — Chapter 25. 



Punishment for 
forging or coun- 
terfeiting. 



Surplus money, 
how applied. 



Managers to 
give bond, &c. 



they shall pay to each possessor of a prize ticket the full 
sum of such prize, within twenty days after such list is 
published, if demanded by the possessor of such ticket, 
and if any prize shall not be demanded within six months 
after drawing said Lottery, it shall be deemed as gener- 
ously given, for the purpose aforesaid, and applied ac- 
cordingly. 

Aiid be it further enacted , that if any person shall forge, 
counterfeit or alter any Lottery ticket issued by virtue of 
this Act, or shall pass or utter any such forged, counter- 
feited or altered ticket, knowing the same to be false, 
forged, counterfeited or altered, or shall counsel, advise 
or assist in forging, altering or counterfeiting the same, 
every person so offending and being thereof convicted be- 
fore the Supreme Judicial Court, of this Commonwealth, 
shall be punished l)y fine not exceeding 07ie hundred 
pounds for each oftence, or by whipping or standing in 
the pilory, at the discretion of the said Court. 

And be it further enacted, that if the monies raised by 
virtue of this Act, shall l)e more than sufficient to pur- 
chase the said Orrery, the surplus shall be paid by the 
Managers, to the Treasurer of the University at Cam- 
bridge, to be applied to the use of the said University. 

Provided always, that the said Managers shall, before 
they enter on the business of their appointment, be sworn 
before some magistrate, to act therein faithfully and im- 
partially, and shall give security to the Treasurer of this 
Commonwealth, in the sum of two thousand pounds, con- 
ditioned for the faithful discharge of the trust which by 
this Act is devolved on them. November 21, 1788. 



Preamble. 



1788. — Chapter 35. 

[October Session, ch. 6.] 

AN ACT FOR NATURA.LIZING ELISHA BOURN AND OTHERS, 
THEREIN NAMED. 

Wliereas Mess'rs Elislia Bourn, Seth Perry <& Edward 
Bourn, late Subjects o/* Great Britain, but 7ioio residents in 
the town q/" Sandwich, in this Commonwealth ; also Rich- 
ard Devereux, late of the Kingdom of Ireland, now resi- 
dent in the town of Parsonsfield, in this Commonwealth ; 
also William Jolly, late of St. Pierre, in the island of 
Martinico, and a subject of the King of France, noiu resi- 
dent in the town o/" Portland, in this Commonwealth ; also 



Acts, 1788. — Chapter 26. 39 

Jeremiah Joachim Khaler, late a subject of the King of 
Denmark, now resident in the toivn of Boston, in this 
Commonwealth ; also Phillip Theobald, q/" Hesse Hanau in 
Germany, now r^esident in Pownalborough, in this Com- 
monwealth; a?so John de Polerisky, late q/* Molsheim in 
Alsatia, in the Kingdom q/' France, 7ioio resident in Pow- 
nalborough, in this Commonwealth, have all petitioned this 
Court to be naturalized, cC have jjroduced proper testi- 
monials in their favor : 

Be it therefore Enacted by the Senate & House of Rep- 
resentatives in General Court Assembled, <& by the au- 
thority of the same, that the said Misha Bourn, Seth Pe/^^ons naturai- 
Perry, Edward Bourn, Richard Devereux, William Jolly, 
Jeremiah Joahim Khaler, Phillip Theobald & John de 
Polerisky, upon their taking the oath of Allegiance to this 
Commonwealth, before two Justices of the Peace, & pay- 
ing to the Secretary the fee in such case required, shall 
be deemed, adjudged & taken to be free Citizens of this 
Commonwealth, & entitled to all the liberties, privileges 
& immunities of natural liorn Citizens. 

And be it further Enacted, that the Justices before Certificate to be 
whom the said Elisha Bourn, Seth Perry, Edioard Bourn, ''^"''"^ • 
Richard Devereux, William Jolly, Jeremiah Joakim Kha- 
ler, Phillip Theobald, & John de Polerishy, 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. November 21, 1788, 



1788. — Chapter 36. 

[October SeBsion, ch. 5.] 

AN ACT TO CONTINUE AN ACT PASSED IN THE YEAR OF OUR 
LORD ONE THOUSAND SEVEN HUNDRED AND EIGHTY-SIX, 
ENTITLED '« AN ACT FOR RENDERING PROCESSES IN LAW 
LESS EXPENSIVE," AND THE SEVERAL SUBSEQUENT ACTS 
IN ADDITION THERETO. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that the aforesaid Act, entitled "An Act for 
rendering processes in Law less expensive," and the sev- 
eral subsequent Acts in addition thereto, be and they are 
hereby continued, and shall be in full force untill the first 
day oi July next. November 22, 1788. 



40 



Acts, 1788. — Chapters 27, 28. 



Preamble. 



Enacting clause. 



1788. — Chapter 37. 

[October Seasion, ch. 7.] 

AN ACT IN ADDITION TO, AND FOR REPEALING AND AMEND- 
ING A CERTAIN PART OF AN ACT PASSED THE TWENTY 
FIRST DAY OF MARCH, ONE THOUSAND SEVEN HUNDRED 
AND EIGHTY EIGHT, ENTITLED, "AN ACT FOR INCORPORAT- 
ING THE PLANTATION, OF NEW WORCESTER, SO CALLED, 
OR NUMBER NINE, IN THE COUNTY OF LINCOLN, INTO A 
TOWN, BY THE NAME OF ORRINGTON. 

Whereas Moses Knap, and his associates, loho pur- 
chased of the Government a tract of land in the year 
One thousand seven hundred and Eighty five, containing 
upivards of twenty seven thousand acres, which is now in- 
cluded in the Act incorporating the said Town of Orring- 
ton, have prayed that the said Act of incorporation may 
he so far repealed, as that they ivith their lands may not 
he included in or he held to he a part of, or pay any part 
of the charges of the said town of Orrington : And 
lohereas John Brewer, Esqr. Agent for the inhahitants of 
that part of the said town which adjoins the River Penob- 
scot, has consented to the exemption 2Jr ay ed for. 

Be it Enacted hy the Senate and House of Representa- 
tives in General Court assembled, and hy the authority of 
the same, that the said Moses Knap, and his Associates, 
who purchased of the Government as aforesaid, & by the 
aforesaid Act are made a part of the tow^n of Orrington, 
be and are hereby exempted from paying any taxes now 
laid on them, or which shall be laid on them by the said 
town of Orrington, for the term of seven years from the 
passing of this Act. November 22, 1788. 



1788. — Chapter 28. 

[December Session, ch. 1.] 

AN ACT FOR SETTING OFF ISAAC MOFFITT AND OTHERS, FROM 
THE TOWN OF CHARLTON, IN THE COUNTY OF WORCES- 
TER, AND ANNEXING THEM TO THE TOWN OF OXFORD, IN 
THE SAME COUNTY. 

Re it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and hy the authority of 
the same, That Isaac Moffitt, Elijah Learned and Ephraim 
Segars, of Charlton, in the County of Worcester, with 
their polls and estates, be, and they hereby are set off 



Acts, 1788. — Chapter 29. 41 

from the said town of Charlton, and annexed to the town 
of Oxford, in the same County, and shall forever here- 
after be considered as belonging to, and making part of 
the said town of Oxford, there to do duty, and receive 
privileo'es equal to other inhabitants in said town. 

Provided nevertheless, that the said Isaac Moffilt, Elijah Proviso. 
Learned and Ephraim 8egars, respectively, be held to 
pay all taxes already assessed on them, by the said town 
of Charlton, in the same manner as they would have been, 
if this Act had not passed. January 9, 1789.* 



1788. — Chapter 29. 

[December Session, ch. 2.] 

AN ACT TO REGULATE THE TRYAL OF SEIZURES OF GOODS 
AND MERCHANDIZE, FOR BREACH OF THE LAWS OF IM- 
POST AND EXCISE. 

Ee it enacted hy the Senate and House of Eepresenta- 
tives in General Court assembled, & hy the authority of 
the same, that all goods, chattels, and merchandize, which 
have been seized, or which may at any time be seized in 
any of the Counties of this Commonwealth, for breach of 
any Act of the same, for laying duties of impost or excise, 
or for any regulation of commerce or manufactures, shall 
be libelled before the Court of Common Pleas in such 
County where the same shall be seized ; & the libel being 
filed in the Clerk's Office of the same Court, the said 
Clerk shall give public notice thereof, by publishing the 
same in one or more of the weekly Newspapers, in the 
County where the seizure was made, (if such paper there • 
be) and in the Independent Chronicle, fourteen days, at 
least, before the tryal of such seizure ; which proceedings 
shall be sufficient to bring the same Cause to a tryal and 
determination, whether the seizure be made, and the libel 
filed l)efore or after the same Court begins to set for the 
usual term; and such causes shall be tryed by a Jury of f^'"^^^^^°'^ 
the same County, according to law, as other causes are 
tryed ; and the Justices of the Courts of Common Pleas 
in the several Counties, are hereby empowered to hear, 
adjudge, determine, and award execution on all such 
causes now depending before them, or that may hereafter 
be brought, as in other causes : And an appeal shall be 
allowed to the libellant or claimant, from a Judgment of 

* Approved January 9, 1789. 



42 



Acts, 1788. — Chapter 30. 



any of the said Courts of Common Pleas, to the Supreme 
Judicial Court as in other causes ; and the Justices of the 
Supreme Judicial Court, are hereby empowered to re- 
ceive, hear, adjudge, finally determine and award execu- 
tion on all appeals in such causes now depending, or that 
hereafter may be brought before them. 

A7id he it further enacted by the authority aforesaid that 
if any person shall claim any goods, chattels or merchan- 
dize, seized and libelled for any of the causes aforesaid, 
and shall not support his claim, he shall be liable to pay 
the costs arising on such prosecution. 

January 5, 1 789.* 



Preamble. 



1788. — Chapter 30. 

[Printed with Perpetual Laws.] 

AN ACT FOR ERECTING WORK HOUSES, FOR THE RECEPTION 
AND EMPLOYMENT OF THE IDLE AND INDIGENT. 



Whereas erecting Houses for the employment of idle 
persons, who neglect and refuse to exercise any lawfull 
calling or business to support themselves and families, and 
for the poor and indigent, that ivant means to employ 
themselves, may be useful to the public, and especially to 
such towns as shcdl be concerned in such an undertaking : 
Be it therefore Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Any one town authoritii of the Same : That when any town in this Com- 

may erect or J > ./ ^ 

provide a work- mouwcalth, sliall scc uicct to crect or provide a house, for 

ll/MldO -*- -111 

the purpose before named, such town shall be, and hereby 
is fully authorized and empowered thus to do ; and the 
towns aforesaid, as well as those who have already erected 
such houses, are hereby empowered at their annual meet- 
ing for the choice of town officers, to choose three, five, 
seven, or more Overseers of the said House, who shall 
have the inspection and government thereof, with full 
power of appointing a master, and needful assistants, for 
the more immediate care and oversight of the persons 
received into, or employed in the said house : Which 
Overseers once in every month, and at other times as 
occasion shall require, shall assemble together for the 
purpose of determining the most eligible method of dis- 
charging the duties of their Office, and at their stated 
monthly meetings, shall have power to make needfull 



house. 



Empowered 
to choose 
overseers. 



Approved January 9, 17 



Acts, 1788. — Chapter 30. 43 

orders and regulations for such house ; which orders shall njakeTeedfui 
])e bindino; untill the next public meeting' of the inhabi- orders and 

~ JL o regulations. 

tants of such town to whom such orders shall be presented 
for approbation ; & when Ijy them approved, shall lie ol)- 
ligatory, untill revoked by the town. 

A.jid be it further Enacted by the authority aforesaid; 
that when any number of towns shall agree (at their joint ^f°ownrthat 
charo-e, and for their common benefit) to erect or provide shaii agree to 

^^ r« 1 1 (• -T • erect or provide 

a V\ ork-house tor the employment oi persons residing m a work-house, 
such towns, that are indigent or idle, or to purchase land poweTthus 
whereon to erect such house, or for the accommodation *° '^°* 
thereof, they shall be, and hereby are, vested with power 
and authority thus to do ; and the ordering and govern- 
ing the same, making the necessary repairs thereof, ap- 
pointing a Master and other assistants, and the power of 
removing him or them from their respective Offices or 
trusts, for irregular Ijehavior, incapacity, or for other suffi- 
cient cause, shall be vested in Overseers, to be from year 
to year specially chosen by the several towns, at their an- 
nual meeting for the choice of town Officers, each town to 
choose three, unless all the towns engaged in the under- 
taking, shall agree upon a different number : And in case overseers to 
of the death of an Overseer, or his removal from the town appointed.^ 
for which he was appointed, the vacancy made thereby, 
may be supplied hy such town, at any other public meet- 
ing : And if any town concerned, shall neglect to choose 
such Overseers, in such case the person or persons chosen 
in the other towns, may proceed in all affairs of the said 
House, any such neglect notwithstanding. 

And be it further enacted by the authority aforesaid, 
that there shall be stated quarterly meetino-s of all the Times & places 

^ lor holding 

Overseers, on the first Tuesday of the months of Janu- stated quarterly 
ory, April, July and October, annually, to be held at the ™v?rsee^r*s? 
Work House, in order to inspect the management, and for 
directing the business thereof; and besides those stated 
meetings, intermediate ones, to be held at the Work 
House, may be called by the Overseers of any town con- 
cerned ; due notice of the time and occasion thereof being 
given to the rest, in such way and manner, as shall be 
agreed upon by the Overseers, at any general stated meet- 
ing : And the said Overseers when duly assembled, may overseers 
choose a moderator, and at their first general meeting an- whenasseni- 
nually, after their appointment, the}^ shall likewise choose a m1)derator!^^ 
a Clerk, to enter and record all votes and orders, that shall ®'*^' 



44 



Acts, 1788. — Chapter 30. 



Empowered 
to make all 
reasonable 
orders, and 
by-laws. 



To make allow- 
ance to the 
master or 
assistants, etc. 



Yearly stipend 
to the master 
and asBistants, 
how paid. 



Overseers 
empowered to 
commit to the 
workhouse 
such persons as 
are by this act 
declared liable. 



be made and passed by the Overseers ; who shall be sworn 
to the faithfuU discharge of his trust. 

Ajid be it further enacted hy the authority aforesaid, that 
the Overseers for the time being, at a general quarterly 
meeting ; provided one half at the least of the whole num- 
ber chosen are present, shall have full power and authority 
to make all reasonable orders and By-laws, not repugnant 
to the laws of this Commonwealth, for the ordering and 
reo-ulatino; the said house, and the aflairs thereof; which 
orders and By-laws shall continue and be in force untill 
altered, annulled or reversed by them or their successors 
in OiEce, and may likewise agree with the Master or other 
assistants, and order meet allowance for their care and 
service ; and all other matters of less importance, relating 
to the said House, may be transacted at any other meet- 
ing duly notified, when only one third part of the over- 
seers are present, subject nevertheless to be altered or 
reversed, at any general stated meeting. 

And be it further enacted by the authority aforesaid, that 
the yearly stipend or allowance to the master and assist- 
ants, over and above what is provided for by this Act, for 
their care and trouble, together with tlie charge of keep- 
ing the house in repair, shall be paid by the several towns 
concerned ; in proportion as they are taxed to the Gov- 
ernment, at the time the expence is incurred, or in such 
other proportion, as all the towns concerned shall agree 
upon : And if any town or towns, shall refuse or neglect 
to advance, or reimburse their respective proportions of 
such allowance, or other charges before mentioned, after 
they shall have been stated and adjusted by the Over- 
seers, the same ma}^ be recovered of such delinquent town 
or towns, in any Court proper to try the same, by action 
to be In-ought by such person or persons, as the over- 
seers shall in writing appoint for that purpose. 

And be it further enacted by the authority aforesaid^ 
That any two or more of the Overseers, in any town 
already provided with such House, and any two or more 
of the Overseers, in any Town that, either by themselves 
or in conjunction with other Towns, shall hereafter erect a 
Work-house, be, and they are hereby authorized, empow- 
ered and directed, to commit to such House, by writing 
under the hands of the said Overseers ; to be employed 
and ooverned according to the rules and orders of the 
House, any person or persons, residing in such town, that 



Acts, 1788. — Chapter 30. 45 

are in this act declared liable to be sent thither : Provided Proviso- 
that no greater number of persons belonging to any town, 
be received into the House, than such Town's proportion 
of the said House to be alloted them, can accomodate, 
when the receiving them will exclude or incommode such 
as belong to other towns ; and an order of commitment 
from two or more Overseers, directed to a Constable of 
the same town, shall by such Constable be obeyed and 
executed. 

And be it further enacted hvtlie authority aforesaid, that Description of 

1 inii'ii -J '^ ' persona liable 

the persons who shall l)e liable to be sent unto, employed to be sent or 
and governed in any work-house erected, or to be erected, an/'work house. 
by one or more towns, in pursuance of this Act, are, — 
all poor and indigent persons that are maintained b}^, or 
receive alms from the town ; also all })ersons a1)le of body 
to work, and not ha^'ing estate or means otherwise to 
maintain themselves, who refuse or neglect so to do, live 
a dissolute vagrant life, and exercise no ordinarj^ calling 
or lawful business, sufficient to gain an honest livelihood, 
and all such as having some rateal)le estate, Init not suffi- 
cient to qualify them to vote in town aftairs, do neglect 
the due care and improvement thereof, and such as spend 
their time and property in public Houses, to the neglect 
of their proper business ; or by otherwise mispending 
what they earn, to the im})overishment of themselves and 
their families, are likely to Ijecome chargealDle to the 
town, or to the Commonwealth. 

And be it farther enacted by the authority aforesaid, that Towns that 

^ *^ ^ DGffl6Ct to pro- 

if any town shall refuse or neglect to provide its pro- vide materials, 
portion of the needfull furniture for such House, or the depVfved'o^/ 
materials, impliments, or other necessary apparatus for t^eir privilege. 
carrying on the work there to be performed, according to 
their agreement, or as shall be directed l)y the Overseers, 
such town shall be de})rived of the })riviledge of sending 
any person thither, untill they shall comply with such 
agreement or direction. 

And be it further enacted by the authority aforesaid, that Towns to pro- 

»-'•-'■' viQG sucu otbsr 

besides the aforesaid proportion of materials and other materials, &c., 

, 1 • J. 1 x> 1 1 j_i j_ 1 1 J. as the overseers 

things to be round by the towns concerned, each town shaii determine. 
may likewise provide such other materials and tools for 
work, as the Overseers for such town shall determine, any 
person by them committed to the said House, can 1)6 em- 
ployed about, more advantageously: And the master of J^a^ter of such 

I -J ' _ ~ . , , house shall 

the House shall receive such materials and tools, & keep receive such 



46 



Acts, 1788. — Chapter 30. 



materials and 
be accountable. 



Controversies 
between the 
master of such 
house, and the 
overseers, how 
determined. 



No town shall 
be chargeable 
for the support 
of any person, 
not sent by the 
overseers. 



Persons com- 
mitted to be 
kept diligently 
employed. 



Punishment 
for being 
disorderly. 



Clause respect- 
ing idle or indi- 
gent persons 
who are foreign- 
ers, and not 
legal inhabitants 
of any town. 



them seperate and apart from those sent from any other 
Town, and shall be accountable to the Overseers of each 
town concerned, as well for the })rime cost, as for all 
profits and earnings, that shall be made by the labour of 
those, belonging to such town, under his care, and shall 
keep a Register of the names of the persons committed to 
such Work-house, and of the towns to which they respec- 
tively belong, with the time of their being received into, 
and discharged therefrom, & of their earnings, that the 
same may appear to any of the Overseers, whenever they 
shall incline to inspect them : And all controversies be- 
tween the Master or Keeper of such House, and the Over- 
seers of any town touching his accounts or other his 
aftairs whatever, respecting the Work-house, may be de- 
termined bv the Overseers of the House, at a o-eneral or 
quarterly meeting. 

And he it fur'ther enacted by the authority aforesaid, that 
no Town shall be chargeable for the relief or support of 
any person committed to the said House, who was not sent 
thither by the Overseers belonging to such town, nor 
shall any person orderly committed to the said House, be 
discharged therefrom, but by the Overseers that made the 
commitment, or hj the Overseers at a general or quar- 
terly meeting, or otherwise by the Court of Common 
pleas in the same County, upon application to them made 
for that purpose : And every person thus committed, if 
fit and able to work, shall be kept diligently employed in 
labour, during his or her continuance there : And in case 
the person so committed, shall be idle, and not perform 
such reasonable task or stint, as shall be assigned ; or 
shall be stubborn and disorderly, they shall be punished 
according to the orders that shall be made for ruling, gov- 
erning and punishing the persons there committed, not 
repugnant to the laws of the Government. 

And whereas it sometimes happens, that such idle or in- 
digent persons are foreigners, and have not gained a legal 
inhabitancy in any particular town, but are the proper 
charge of the Commonwealth : 

Be it further Enacted by the authority aforesaid, that 
when any foreigner or other person, not a legal inhabitant 
of any town within this Commonwealth, shall become idle 
or indigent-, it shall be the duty of the Overseers of the 
town in which such person resides, or any two of them, to 
commit such idle or indigent person to the Work-house 



Acts, 1788. — Chapter 30. 47 

belonging to the same town, or in Avhicli such town is in- 
terested, and the person or persons so committed, shall 
be under the care of the Keeper of such House, and be 
employed, if capable of lal)our, in the same way and man- 
ner, as is herein before directed, and shall be subject to 
the same rules and regulations as others committed to said 
House ; and such Overseers shall keep a fair account of 
the charge of supporting such idle or indigent person from 
time to time, and shall exhil^it the same once in every 
year at the least, to the General Court, for allowance and 
payment, deducting therefrom, the amount of such per- 
sons earnings. 

And be it further enacted by the authority/ aforesaid, that ^'■"g^** "h ^^"" 
one third part of the profits or earnings of the work done work, how 
by the persons detained in such House, shall be to the ^^^ "^ '^°* 
master, for, and towards his support, over & above such 
further annual stipend as the Overseers may allow him : 
And the prime stock, together with the other two thirds 
of the profits, shall be disposed of by the Overseers of the 
respective towns to whom it belongs, either to the mas- 
ter towards his services, or for the support of the fami- 
lies of the persons there detained, if any such they have, 
or otherwise for the use of such town, as occasion shall 
require. 

And be if further enacted by the authorif?/ aforesaid, that Any work- 
any Work-house erected or provided as aforesaid, may be dfe'ionti'nJed? 
discontinued or applied to any other use, whenever the 
town or towns concerned, shall find their circumstances 
require it, and shall agree thus to do. 

Provided nevertheless, that nothino- herein contained P'oviso, re- 

1111 1 1 i*i fTi Bpectiugthe 

shall be understood to abridge the town oi Boston, or the town of Boston. 
Overseers of the poor thereof, of any priviledge or power 
respecting a Work-house, granted unto them, by a law 
passed in the year One thousand seven hundred and thirty 
five; but the same law entitled, "An Act for employing 
and providing for the poor of the Town of Boston," and 
every clause thereof, is hereby established, ratified and 
confirmed : 

Provided also, that nothing herein contained shall lie so Proviso, re- 
construed, as to abridge the town of Salem, or the Over- towVofsaiem. 
seers of the poor thereof, of any priviledge or power 
granted unto them, by an Act passed the twenty sixth day 
of January, One thousand seven hundred and seventy 
three, entitled, "an Act for employing and providing for 



48 



Acts, 1788. — Chapter 31. 



the poor of the Town of Salem, and for the better regu- 
lating the Work-house in said town ; iDut the same and all 
other Acts relative to Work-houses heretofore erected in 
any particular town, and every clause of such Acts, are 
hereby established, ratified and confirmed. 

January 10, 1789.* 



Boundaries. 



Gabriel 
Johonnot, Esq. 
to call a meet- 
ing. 



1788. — Chapter 31. 

[December Session, ch. 3.] 

AN ACT FOR INCORPORATING THE TOWNSHIP NUMBER FOUR, 
ON THE EAST SIDE OF PENOBSCOT RIVER, COMMONLY 
CALLED NASKEEG, IN THE COUNTY OF LINCOLN, INTO A 
TOWN BY THE NAME OF SEDGWICK. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that the tract of land, described and bounded as 
followeth, viz. beginning at the head of Eggimoggin 
reach, so called, on the dividing line between number 
three and number four, and from thence running north- 
easterly, on the easterly line of number three, until it 
meets the southwesterly corner of number five ; thence by 
the southwesterly line of number five, to Blue hill bay ; 
thence hj said hny and Eggimoggin reach, to the first 
mentioned bounds, together with the inhabitants thereon, 
be, & they hereby are incorporated into a town, by the 
name of Sedgirich; and the inhal^itants of the said town, 
are hereby invested with all the powers, privileges and 
immunities, which the inhabitants of towns within this 
Commonwealth, do, or may by law enjoy. 

And be it further enacted. That Gabriel Johonnot, Es- 
quire is hereby empowered to issue his warrant, directed 
to some suitable inhal^itant of the said town of Sedgwick, 
directing him to notify the inhabitants of said town, to 
meet at such time and place, as he shall appoint, to choose 
such Ofiicers, as other towns are empowered to choose, at 
their annual meeting in the month of March or April, 
annually. January 12, 1789. -f 



* Approved January 21, 1" 



t Approved January 14, 17 



Acts, 1788. — Chapter 32. 49 



1788. — Chapter 33. 

[December Session, ch. 4.] 

AN ACT TO SET OFF JOHN DICKINSON AND OTHERS, FROM 
THE TOWN OF HADLET, IN THE COUNTY OF HAMPSHIRE, 
AND TO ANNEX THEM TO THE TOWN OF AMHERST. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that John Dickinson, Nehemiah Dickinson, John Dickinson, 
Simeon Dickinson, and Silas Wright, with their lands, off." ^"'^^ 
consisting of two pieces, & containing about seventy 
acres, the first piece bounded easterly on Amherst line, 
SO called, northerly on Leverett and Sunderland line, 
westerly on a town-Avay, and southerly partly on lands of 
Reuben Ingram, and partly on lands of Oliver Dickinson; 
the second piece now owned by Silas Winght, containing 
about fifteen acres, bounded as follows, viz, easterly on 
the County road, leading from Amherfit aforesaid, to Sun- 
derland, northerly on lands oi Reuben Ingram aforesaid, 
and westerly on the aforesaid town-way, with the dwell- 
ing houses, and other buildings thereon, be, and they 
hereby are set ofl:' from the town of Hadley, and annexed 
to the town of Amherst, and shall forever hereafter be 
considered as making part of the same. 

Provided nevertheless, that the several persons above- Proviso. 
named shall be still holden to pay their proportionable 
part of all taxes which are already assessed, or granted 
by the said town of Hadley, in like manner as though this 
Act had not been made, and shall also pay their propor- 
tionable part of all public taxes, that shall be laid on the 
town of Hadley, previous to another general valuation 
being made. 

And be it further enacted by the authority aforesaid, that 
the bridge over the river, commonly called the mill-river, 
in the County road, leading through Amherst aforesaid, to 
Sunderland, be, and it is hereby set off" from the town of 
Hadley, and annexed to the town of Amherst. 

January 15, 1789.* 

* Approved January 15, 1789. 



50 



Acts, 1788. — Chapter 33. 



1788. — Chapter 33. 



Preamble. 



[Printed with Perpetual Laws.] 

AN ACT IN ADDITION TO AN ACT INTITLED, "AN ACT, RE- 
PEALING AN ACT PASSED IN THE YEAR OF OUR LORD, ONE 
THOUSAND SEVEN HUNDRED AND EIGHTY-THREE, INTI- 
TLED "AN ACT FOR RAISING BY LOTTERY, THE SUM OF 
THREE THOUSAND POUNDS, FOR THE PURPOSE OF BUILD- 
ING A GLASS-HOUSE, AND PROMOTING THE MANUFACTURE 
OF CROWN & OTHER GLASS IN BOSTON," & FOR THE PUR- 
POSE OF PROMOTING THE MANUFACTURE OF CROWN & 
OTHER GLASS WITHIN THIS COMMONWEALTH. 



Whereas in and by the said Act, passed the sixth day 
of July, in the year of our Lord, one thousand seven hun- 
dred and eighty seven, it was, among other things, pro- 
vided, that, the proprietors of the said manufacture, shoidd 
erect & establish their works and manufactory, and com- 
mence the manifacture of Glass as therein mentioned, at 
some place or places within this State, within the term of 
two years from the date of the said Act, — and that noth- 
ing in the said Act shoidd extend to give the said Proprie- 
tors any exclusive right to the manifactory of Glass within 
this Commonivealth, as therein aforementioned , from and 
after three years from the passing of the said Act, any 
longer than the said proprietors, their executors, adminis- 
trators and assigns should, annually, after the expiration 
of the said three years, within this Commonwealth, manu- 
facture for sale, glass ware, to the annual amount of five 
hundred pounds at the least: And whereas the said pro- 
prietors have requested, that the times by the said Act lim- 
ited for the commencing of the said manifacture, & for 
carrying it on to the annual amount aforesaid, might be 
extended; and it appearing reasonable & necessary to the 
encouragement of the said manufacture, that the same 
should be extended: 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that the time in and by the said Act limited for 
the commencement of the said manufticture as afore re- 
cited, l)e and hereby is extended to the term of four years 
from the passing of the Act to which this is in addition ; 
Time extended and that the term of three years prescribed in and by the 
said Act for the said proprietors to manufacture glass 
ware within this Commonwealth, to the annual amount of 



Time extended 
for ttie com- 
mencement of 
the manufact- 
ure. 



respecting the^ 
amount. 



Acts, 1788. — Chapter 34. 51 

five hundred pounds at the least, as afore recited, be, and 
hereby is extended to the term of five years from the pass- 
ing of the said Act, any Law to the contrary notwith- 
standing. January 20^ 1789. * 



1788. — Chapter 34. 

[Printed with Perpetual Laws.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS THEREIN 
NAMED, BY THE NAME OF THE TRUSTEES OF THE GRAM- 
MAR SCHOOL, IN THE EASTERLY PART OF THE TOWN OF 
ROXBURY, AND FOR REPEALING ALL THE LAWS HERETO- 
FORE MADE FOR THAT PURPOSE. 

W7iereas the education of youth, has ahoays been con- Preamble. 
sidered by the wise & virtuous, as an object of the highest 
importance to the safety and happiness of a free people; 
and whereas Thomas Bell, late o/" London, by his last will 
& testament, bearing date the twenty ninth day of Janu- 
ary, in the year of our Lord, one thousand six hundred 
and seventy one, gave certain lands a7id tenements therein 
mentioned, in the ivords following , that is to say, " I give 
unto Mr. John Eliot, minister of the Church of Christ, in 
Roxbury in New England, and captain Isaac Johnson, 
and to one such other like godly person, noio bearing office 
in the said Church, and their successors, the minister and 
other such tivo head officers of the said Church of Rox- 
bury, as thetvhole Church there, from time to time, shall 
best approve of successively from time to time forever, all 
my messuages or tenements, lands <& hereditaments, with 
their and every of their appurtenances, situate, lying and 
being at Roxbury, in New England aforesaid, in parts 
beyond the seas, to have and to hold to the said minister 
and officers of the said Church of Roxbury, for the time 
being, and their successor's from time to time forever, in 
trust only notwithstanding, to and for the maintainance of 
a School Master and free school, for the teaching and in- 
structing of poor men^s children at Roxliury aforesaid 
forever, and to be for no other use intent or purpose ivhat- 
ever." And whereas several other persons have heretofore 
bequeathed certain other lands and monies, to be applied to 
and for the purposes aforesaid, to be under the direction of 
certain feoffees to be duly chosen for those pwposes; all 

* Approved January 23, 1789. 



52 



Acts, 1788. — Chapter 34. 



Former laws 
repealed. 



Proviso. 



Further proviso, 



Trustees ap- 
pointed and 
incorporated. 



which devises and donations have been ratified and con- 
firmed by several acts of the Legislature of this (then 
Province) now Commonwealth of Massachusetts : And 
whereas the said acts are found to he inadequate to the 
regular carrying on of the affairs of the said school, and a 
number of the inhabitants of the said town of Roxbuiy 
have petitioned this Court, that an act of incorporation 
may he passed, to incoiporate a competent number of per- 
sons for the purpose of carrying into effect the benevolent 
designs of the said ThoDias Bell cC* others: 

Be it therefore enactedby the Senate and House of Rep - 
resentatives in Geiieral Court assembled <& by the au- 
thority of the same that all the Laws heretofore made 
ratifying and confirming the doings relative to the free 
school in the easterly part of the town of Roxbury afore- 
said, so far as the same are inconsistent with this act, be, 
and they are hereby repealed and rendered null and void. 

Provided always, that the persons who act as trustees 
of the estate of the said Thomas Pell, & the persons who 
act as feoflees of said donations, shall have respectively 
full right in law to demand & receive all rents & in- 
comes, or any arrearages thereof; or other sums of 
money, which, from any persons whatever, in conse- 
quence of any leases, contracts or bargains made with said 
trustees or feoffees, are or may become due ; and pro- 
vided also, that the said trustees and feoftees respectively, 
shall be held to liquidate and settle all their accounts with, 
and to pay over all monies which they have received or 
shall in their said capacities respectively receive, unto the 
trustees of said school appointed by this Act, or hereafter 
to be chosen in pursuance thereof. 

Pe it further enacted by the authority aforesaid, that 
honorable John Lowell esquire, Nehemiah Munroe, 
James Mears, reverend Eliphalet Porter, clerk, honora- 
ble Increase Sumner esquire, Samuel Sumner, Joseph 
Ruggles, esqr. Thomas Williams physician, and Joseph 
Williams gentlemen, be, and they are hereby nominated 
& appointed trustees of the grammer school in the east- 
erly part of the town of Roxbury, and they are hereby 
incorporated into a body politick and corporate by that 
name ; and the said trustees and their successors to be 
chosen and appointed in the manner herein after pre- 
scribed, shall be and continue a body politick and cor- 
porate by the same name forever. 



Acts, 1788. — Chapter 34. 53 

Be it further enacted hy the authority aforesaid, that all heretofMe" 
the lands, buildinojs and other property whatsoever, which given, confirmed 

' ~ ^ 11.' ' to the said 

have heretofore been given by the said Ihomas Bell and Trustees. 
others, to the said trustees and feoffees for the purpose 
of supporting the said free school, & all other estate, in- 
terest, claim or demand whatsoever, belonging to said 
school, or which are held in trust therefor, be, and they 
are hereby confirmed to the said John Loivell, Nehemiah 
Munroe, James Mears, Eliphalet Porter, Increase Sum- 
ner, Samuel Sumner, JosepJi Buggies, Thomas Williams 
and Joseph Williams, & to their successors as trustees of 
the said school forever, for the uses, intents and purposes, 
and upon the trusts which in the said last will & testament 
of the said Thomas Bell, and in the donations aforesaid, are 
intended ; and the trustees aforesaid, their successors, and 
the officers that may be appointed in pursuance of this 
act, are hereby required in conducting the concerns of 
the said school, and in all matters relating thereto, to 
regulate themselves conformably to the true design & in- 
tention of the said Thomas Bell & others. 

Be it enacted by the authority aforesaid, that the said Trustees to 

. -^ '^ 1 1 nave one com- 

trustees and their successors, shall have one common seal, mon seal, and 
which they may make use of in any cause or business that bTsued! " 
relates to the said office of trustees of the said school, and 
they shall have power & authority, from time to time to 
change, alter or renew the same at pleasure ; and they 
may sue and be sued in all actions, real, personal or 
mixed, and prosecute & defend the same to final judgment 
and execution, by the name of the trustees of the gram- 
mar school in the easterly part of the town of Roxbury as 
aforesaid. 

Be it further enacted by the authoritii aforesaid, that Trustees shaii 
the said trustees and their successors, shall be the true & sole visitors and 
sole visitors, trustees and governors of the said school, fnrmay^eiect 
in perpetual succession forever, to be continued in the otherofficers"*^ 
way and manner herein after pointed out, with full power '^^'^ bylaws, 
and authority to elect by ballot, a president, secretary, 
treasurer and such other officers as they shall judge neces- 
sary & convenient, and to make & ordain such bye-laws, 
rules and orders, for the good order and government of 
the said school, from time to time, as to them the said 
trustees and their successors shall, according to the vari- 
ous occasions & circumstances thereof appear most fit 
& requisite, either with or without penalties, all which 



54 



Acts, 1788. — Chapter 34. 



Proviso. 



Number of 

Trustees 

limited. 



Mode of per- 
petuating the 
succession. 



Proviso. 



Trustees ren- 
dered capable 
in law, to take 
and receive by 
gift, &c., any 
land or other 
estate. 



Proviso. 



shall be observed by the officers, scholars and servants of 
the said school. Provided always, that the said bye-laws, 
rules & orders are not repugnant to the Constitution and 
laws of this Commonwealth. 

Be it further enacted by the authority aforesaid, that the 
num])er of the said trustees shall not at any one time con- 
sist of more than thirteen nor less than nine, five of whom 
shall constitute a quorum for transacting business, and a 
major part of the members present at any stated meeting 
thereof shall decide all questions that may properly come 
before them. And to perpetuate the succession of the 
said trustees. 

Be it further enacted by the authority aforesaid, that as 
often as one or more of the said trustees, shall die, re- 
sign, remove, or in the judgment of the major part of the 
said trustees for the time being, be rendered by age, in- 
firmity or otherwise incapable of discharging the duties 
of his ofiice, then and so often the remaining part of the 
trustees then surviving, or the major part of them, at 
some stated meeting, shall elect by ballot, one or more 
persons, being reputable freeholders in the town of Rox- 
bury aforesaid, to supply such vacancy or vacancies : 
Provided always, that the minister and the two oldest 
deacons of the first Church of Christ in the said town of 
Roxbury, shall always, l)y virtue of their said offices, be 
members of the said corporation. 

Be it further enacted by the authority aforesaid, that 
the trustees aforesaid, and their successors be and they 
are hereby rendered capable in law to take and receive 
by gift, grant, devise, bequest, or otherwise, any lands, 
tenements or other estate real or personal, provided, that 
the annual income of such real estate, shall not exceed the 
sum oi one hundred and fifty pounds, and the annual in- 
come of such personal estate shall not exceed the sum of 
one hundred and fifty pounds, (both sums to be estimated 
in silver at the rate oi six shillings and eight pence by the 
ounce) to have and to hold the same to the said trustees, 
and to their successors in that office, on such terms and 
under such provisions and limitations as may be expressed 
in any deed or instrument of conveyance to them made ; 
Provided always, that neither the said trustees nor their 
successors, shall ever hereafter receive any grant or dona- 
tion the condition whereof shall require them or any 
others concerned to act, in any respect, contrary to the 



Acts, 1788. — Chapter 34. 55 

design expressed in the last will and testament of the said 
Thomas Bell, or any donation heretofore made. And all 
deeds & instruments which the said trustees may lawfully 
make, in their said capacity, as aforesaid, shall, when 
made in their name, signed & delivered by their treas- 
urer, and sealed with their common seal, be binding on 
the said trustees, and their successors, and be valid in 
law. 

Be it farther enacted by the authority aforesaid, that Meetings shaii 
there shall be held a meeting of the said trustees as soon aiiy, for the 
as conveniently may be after the passing of this act, and officers? 
afterwards once in every year at least, on some day to be 
stated by the said trustees, annually forever ; at which 
meetings the major part of the said trustees present, shall 
proceed to elect a president, secretary, treasurer & such 
other officers as they shall deem meet, who shall continue 
in office for the term of one year, or until others shall be 
chosen in their room ; and the said officers shall be under 
oath, faithfully and impartially to discharge all the duties 
of their said offices, during the time for which they shall 
be elected, and until others shall be chosen and sworn in 
their stead. And there shall be three quarterly meetings Three quarterly 
of the said trustees, besides the said annual meeting, to be "e^Lw^esWeB 
held on such days as shall be prescribed by the regula- mlethTg"''' 
tions or orders of the said trustees, at either of which 
meetings any business relative to the government & well 
ordering of the affiiirs of the said school may be trans- 
acted, and vacancies filled up, if necessary : Provided 
however, that no vacancy in the office of trustee shall be 
filled up at any meeting of said trustees, unless previous 
notice shall have been given l>y the secretary to each of 
the trustees, that such vacancy exists, & is intended to be 
filled up at such meeting ; which notice the said secretary 
is directed to give, at the application of either of the 
trustees. And that the state of the finances of said school 
may be known from time to time. 

Be it further enacted by the authority aforesaid, that it J°f}''„^„"fhe\rT8^ 
shall and may be lawful for the inhal)itants of the said ^^Ahe^"/,^^ ^^^''^ 
town of Roxbury, at any legal meeting thereof, not ex- counts. 
ceeding once in any one year, to call on the said trustees 
for a state of their general accounts, at the then last audit 
thereof, and it shall be the duty of the trustees aforesaid, 
or some one of their officers, for the time l)eing, to ex- 
hibit an attested copy of such statement accordingly. 



56 



Acts, 1788. — Chapter 35. 



Esq.?fo calf the' ^^ *'^ fiirUier eiiacted by the authority aforesaid, that 
first meeting. Tkomas Olavke, esquire be, and he is hereby authorized 
and directed to determine the time and place for holding 
the first meeting of the said trustees, & to certify them 
respectively thereof, ten days at the least previous to the 
holding the same. January 21, 1789.* 



Preamble. 



1788. — Chapter 35. 

[Printed with Perpetual Laws.] 

AN ACT TO SET OFF TO THE PATENTEES, AND OTHER PUR- 
CHASERS, CERTAIN LANDS ON THE ISLAND OF CHAPEQUID- 
DICK, IN THE COUNTY OF DUKES COUNTY, AND FINALLY 
TO ADJUST AND DETERMINE ALL DISPUTES BETWEEN THE 
SAID PATENTEES AND OTHER PURCHASERS, AND THE IN- 
DIANS ON THE SAID ISLAND, AND TO PREVENT CATTLE, 
HORSES, SHEEP, GOATS AND SWINE FROM GOING AT LARGE 
ON THE SAID ISLAND, AT CERTAIN SEASONS OF THE YEAR. 

Whereas certain disputes S differences have arisen be- 
tween the patentees and other jpurchasers of lands 07i the 
/5?awcZ o/Chapequiddick, in the County of Dnkes County, 
and the Indians inhabiting the said Island; And Whereas 
in consequence of said disputes and differences an applica- 
tiomvas made to the Ge7ieral Court of this Commonivealth, 
and the said Genei'al Court did on the twelfth day of No- 
vember, in the year of Our Lord One thousand seven 
hundred and eighty five, Resolve, that Walter Spooner, 
Solomon Freeman, and Shearjashub Bourne, Esquires, 
be a Committee to repair to the Island of Chapequiddick, 
(they previously giving twenty days notice to said Pro- 
prietors and the Indians on said Island) to set off to the 
Patentees and other purchasers, such quantity of lands by 
meets and bounds, as to said Committee, in equity, (all cir- 
cumstances considered,) may appear just and reasonable, 
infidlof their respective rights & purchases, and for ascer- 
taining what sum or sums of money the other inhabitants 
ought to pay the Indians, for the priv Hedge of mowing the 
Salt meadow and grazing Cattle thereon, and to take into 
consideration and determine upon such other m,atters as 
shall appear to them just and reasonable ; finally, to adjust 
all disputes, and report their doings to the General Court 
for confirmation, as soon as may be : And also to report 



* Approved January 23, 1789. 



Acts, 1788. — Chapter 35. 57 

what measures are necessary to be tahen to prevent any 
Cattle, Horses, Sheep, Goats, or Swine from goinr/ at 
large on the said Island, from the tenth day of April, to 
the thirtieth day of October, annually ; and also to pre- 
vent any wood being sold or transported from off the In- 
dian lands on said Island, on any pretence whatsoever : 
And whereas the said Committee have reported to this 
Court, after a due and full hearing of the parties, their 
proceedings and opinion respecting the matters and things 
committed to them, as aforesaid, and as this Court are 
ivilling to confirm and ratify their doings, so as finally to 
determine and put an end to the said disjmtes: 

Be it therefore Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that the line herein after described. Divisional line 

*^ DGtWC6n tll6 

be taken and held forever hereafter, as a divisional line or Patentees & 
boundary ])etween the Patentees, or other purchasers of 
lands on the said Island of Chopequiddick, and the In- 
dians inhabitinof said Island, to wit; beginning at a heap 
of stones on the bank of the harbour, which heap of 
stones, is by the east side of the land, formerly owned by 
Thomas Arey, thence extending south, sixty seven de- 
grees east in the said Arey\s line, untill it comes to a heap 
of stones on the brow of a hill, & about thirty rods to the 
westward and northward of a Well or Spring of water, 
known by the name of JoeVs Well; from thence extend- 
ing north, seventy-five degrees, east, to a heap of stones 
lying on the easterly side of land belonging to Joseph 
Huxford, and about seven rods to the northward of a 
swamp near the said Huxford' s dwelling House, thence 
runing. south, seventy six degrees east, fifty one rods, to 
a white oak tree, marked with stones about it, standing 
about two rods northward of a hole of water ; from thence 
running south, seventy nine degrees east, twenty seven 
rods, to a stake with stones about it, standing on the brow 
of a Hill, and about three rods to the northward of a hole 
of water ; from thence running south, sixty one degrees 
east, twenty eight rods to a Walnut tree marked, stand- 
ing two rods to the eastward of the easterly corner of a 
Swamp; thence running south, fifty one degrees east, 
sixty rods, to a heap of stones lying on the edge of a 
ditch, by the lands herein after set off to the Indians, and 
then to continue south, fifty six degrees east, by the said 
Indians land, to the easterly side thereof. 



58 



Acts, 1788. — Chapter 35. 



Patentees and 
other purchas- 
ers, to be at the 
sole charge of 
makini< and 
repairing the 
divisional fence, 



Public roails to 
remain open. 



Priviledge of 
fishing, fowling, 
i^c, allowed 
the Indians. 



A certain tract 
of meadow and 
upland, set off 
and confirmed 
to the Indians. 



Boundaries. 



Provided always, and be it hereby enacted, that the said 
Indians or their dcscendents, shall never be hckl or obliged 
to make, maintain or repair any fence, fences or parts of 
fences on the line or lines so made and estalilished, as 
aforesaid, or on any other lines made and estal)lished by 
this Act, but that the said Patentees and other purchasers, 
shall be at the sole and whole charge and expencc of mak- 
ing, maintaining and repairing the said divisional fence 
and fences, any law to the contrary notwithstanding. 

And be it enacted, that a road or way, tAvo rods wide, 
from the bounds first beforementioned, by the harbour, 
unto the easterly side of the said Indian's land, and ad- 
joining on the northeasterly side of the line aforesaid, and 
also a road or way two rods wide, from the bounds first 
beforementioned, westerly to the point of land or l)each 
near the Town, as now used and improved, shall ])e, and 
remain forever hereafter open and pu])lic roads or high- 
ways, for all & every person and persons to pass and re- 
pass at their pleasure. 

And be it further enacted, that the said Indians and 
their descendants, forever hereafter, shall have and enjoy 
the full and free priviledge & liberty to {)ass and repass 
for the purposes of fishing, fowling and gathering beach 
and wapochqua grass, to and from any and every part of 
the said Island, without any let, hindrance or molestation 
whatsoever. 

And be it further enacted by the authority aforesaid, 
that a certain tract of meadow, and upland, excepting 
twenty two acres of land with the buildings thereon, in 
the said tract, which Abishai Merchant purchased of 
Israel Coynehau, deceased, late Sachem of the said In- 
dians, and excepting thirty five acres of land adjoining to, 
and on the westerly side of the land belonging unto the 
said Merchant, which by a Resolve of the General Court 
of this Commonwealth, dated June the eighth, in the year 
of Our Lord One thousand seven hundred and eighty six, 
is to l)e sold for discharging of the several debts against 
the said Israel, and excepting also a way by Gates or barrs 
on the Clift to the way laid out by Arey^s land, which 
tract is included in the folloAving bounds, to unt. begin- 
ning at a heap of stones standing on the bank where the 
road began as beforementioned, then running south-east- 
erly as the road runs, until 1 it comes to the heap of stones 
lying on the edge of a ditch before mentioned, then from 



Acts, 1788. — Chapter 35. 59 

the said stones, by the edge of the said ditch, south, thirty 
seven degrees west ninety rods, to a heap of stones at 
the west corner of the land now set off to the Indians ; 
then south, sixty two degrees east, eighty six rods, to a 
small, sharp flinty rock, about twelve rods to the south- 
ward of a round Swamp, which is the south bounds of the 
land sett off to the said Indians ; then north from the said 
rock, thirty eight degrees east, one hundred and twenty 
two rods to a heap of stones on the side of a sharj) hill 
about twelve rods to the southward of the dwelling house 
of George JoJmson, tanner ; thence running north, fifty 
degrees east, forty rods, to a heap of stones lying about 
one rod to the eastward of a Well hole, by the corner of 
the Salt marsh ; thence north, forty five degrees, east, 
thirty one rods, to a heap of Stones on the edge of the 
bank, by Cape-jpoge pond, so called ; and so to continue 
to said pond, at a place fifty two rods to the eastward of 
a point called Quahog j)oin(, being all the meadow^ and 
other land lying to the northward and eastward of the 
said lines, be, and hereby is set off and confirmed to the 
said Indians. 

And be it further enacted, that a certain tract of wood j^n^^'^set off°°''" 
land lying and being on the said Island, bounded as fol- 
lows, to wit, beginning at the westerly side of Benjamin 
Pease junior's land, and where it adjoins a way or i)atli 
called Pocha path, then running westerly by the said 
path, untill it comes to the land of Benjamin Natick, Pa- 
tience DutcJi, and others; then north thirty four degrees 
west, one hundred and fourteen rods, by the said JVatick 
and others' land, to the north east corner of the said Ben- 
jamin Natick''s land ; then running north forty four de- 
grees west sixty rods to a heap of stones ; then north 
sixty nine degrees east, about one hundred and ten rods 
to a heap of stones by the land of David JSTorton; then 
south sixty eight degrees east, by said JVbrton's land, 
about sixty rods, to the land of the said Benjamin Pease, 
junior; then south thirty six degrees Avest, by the said 
Pease\'i land, forty six rods, to Pease's corner; then south 
forty three degrees east fifty six rods ; then south forty 
nine degrees east, by the land of the said Pease, fifty six 
rods, until it comes to Pocha path or way first mentioned, 
be and hereby is set off and confirmed to the said Indians; 
this and the tract of land described in the last before Lands de- 
enacting clause, to have and to hold, to them the said In- heid'as tena^'n'ts 

in common. 



60 Acts, 1788. — Chapter 35. 

dians, and their descendants forever, as tenants in com- 
mon, but not subject as other lands held by tenants in 
common are, to any division or divisions to be had or 
made between them or any of them ; any law to the con- 
trary in any Avise notwithstanding. 
Wood on the And be it Enacted, that all the wood on the said last 

tract, to remain uientioncd tract of land be, and shall remain to, and for 
use of the ^ the usc of the said Indians forever ; and that no person 
Indians, forever, q^. persons whatcvcr, shall at any time hereafter sell or 
transport any of the said wood off the said Island on any 
pretence whatsoever, and any and every person whoso- 
ever, who shall at any time hereafter sell or transport 
any of the said wood off the said Island, and every person 
other than the said Indians, who shall use or consume any 
of the said wood, shall forfeit and pay tripple the value 
of such wood so sold, used, consumed or transported off 
the said Island, to any person who shall prosecute and sue 
for the same, 
^d^^wid^^aid -And be it further enacted, that there be, and hereby is 
oat. ' laid out on the said Island, a way two rods wide, through 
gates or bars, beginning at an old path about fifteen rods 
to the westward of the dwelling house of Simon Porredge, 
by the southerly line of the lands set off to the Indians, 
and then southerly on a strait line by the land of Benja- 
min Pease junior to a path or way called Poclia path, 
and so to continue in the said Pocha path, to the wood- 
land set otr to the said Indians, and then through the said 
woodland, where there is now a way used, to the way 
laid out to the harbour or swimming place so called, to 
be kept forever free, for any and every person to pass 
and re-pass at their own pleasure, through said gates or 
bars. 

And be it further Enacted by the authority aforesaid. 
Lands & dwell- that all the lands and dwellino- houses, on the westerly 

ing houses set . • n t i i -^ ,^ .• i • 

oflfandcon- siclc oi the Said Island, now m the occupation and im- 
provement of any Indian or Indians, be and they hereby 
are set off, and confirmed to such Indian or Indians, as 
now occupy & improve the same, respectively, to have 
and to hold, to them during their natural life, and no 
longer ; excepting a certain tract of land, now in the 
occupation & improvement of Patience Dutch, which 
same tract of land, is hereby set off and confirmed to 
the said Patience Dutch, to hold, to her and her heirs, 
forever. 



Acts, 1788. — Chapter 35. 61 



And he it further enacted, that all the rest and residue Lands con- 
of meadows and lands, on the said Island of Chapequid- patentees and 
dich, not herein before set ofl' and confirmed to the said eJsf' p"''^''''^" 
Indians, or set off and appropriated for roads and ways, 
be, and they hereby are set oft', and confirmed unto the 
said Patentees and other purchasers, to have and to hold 
the same to them, their heirs and assigns, forever, in sev- 
eralty, according to the proportion & division made, and 
sul)scribed l)y the Committee of the said Patentees and 
other purchasers, chosen and appointed for that purpose, 
on the twenty second day of April, in the year of our 
Lord, One thousand seven hundred and Eighty six ; 
which said Division and proportion, is hereby ratified and 
confirmed. 

And whereas within the boundaries of the lands set off 
to the said Indians, there are several tracts of salt meadow, 
heretofore improved by some of the said Patentees, and 
other purchasers, for which they have paid considerable 
sitms of money, and ivhich will be a loss to the particular 
prop)rietors if not provided against; 

Be it therefore Enacted by the authority aforesaid, that ^^^^^^^ "J^'jo ^^ 
the true value of such losses be estimated and averaged estimated and 
among all the said Patentees and other purchasers, and ''^®'''*^® • 
that each bear a just and equal proportion of such losses, 
as well as an equal and just proportion of all expences 
which have been incurred in settling the said disputes, 
since the first day of April, in the year of our Lord, one 
thousand seven hundred and eighty six ; the losses, cost 
and expences to be ascertained, estimated and propor- 
tioned by the said Patentees and other purchasers, at a 
meeting to be called for the purpose, as soon as may be, 
after the passing this Act, and they are hereby authorized 
to have and to hold a meeting accordingly. 

And whereas several suits at laio have been originated, 
and are nov) pending in the Court of Common Pleas, in 
the said County of T)\ykQ,'^ County, between the said Paten- 
tees and other purchasers, and the said Indians, respect- 
ing the said lands, S the said Committee have reported 
that the said suits shotdd cease and be forever barred : 

Be it therefore further enacted. That all suits, causes suits at law 
and actions, now pending in the said Court of Common lands, to be 
Pleas, respecting the lands on the said Island, be dis- ^'*""*^«''- 
missed, and the Justices of the said Court, are hereby 
authorized and directed to dismiss the same accordingly. 



62 



Acts, 1788. — Chapter 35. 



No Buits, &c., 
shall be here- 
after sustained. 



Governor 
empowered 
to appoint 
guardians. 



Deeds, &c., 
made without 
the consent of 
guardians, 
deemed null 
and void. 



Bills, bonds, 
or other con- 
tracts, exceed- 
ing 20s. made 
without the 
consent of the 
guardians, 
deemed null 
and void. 



Clause respect- 
ing cattle, 
horses, &c., 
going at large. 



And be it enacted, that from and after the passing this 
Act, no action or actions, suit or suits, at law, whatever, 
respecting the said lands, shall be sustained or maintained 
in the said Court, other than such as may arise upon 
claims by and under the authority of this Act. 

A.nd be it further enacted by the authority aforesaid^ 
that his Excellency the Governor, by and with the advice 
and consent of the Council, be, and he hereby is impow- 
ered and requested, to appoint two white persons and 
one Indian, as Guardians, to have the care and oversight 
of the said Indians & their interest on the said Island. 

And be it enacted, that all Deeds of bargain, sale, re- 
lease, or quit claim, or conveyances whatsoever, of any 
lands, tenements or hereditaments, as well for terms of 
years as forever, had, made, gotten, procured or obtained, 
excepting such as are allowed and confirmed by this Act, 
or which may at any time hereafter be had, made, gotten, 
procured and obtained from any Indian or Indians on the 
said Island, by any person or persons whomsoever, with- 
out the licence, approbation and allowance of all the Guar- 
dians for the same, shall be deemed and adjudged in law, 
to be null, void and of none eflect. 

And be it further enacted, that from and after the pub- 
lication of this Act, no Bill, Bond or other specialty, in 
writing, on any contract whatever, nor any Book account, 
or any verbal contract, or promise for payment of monies, 
shall be deemed good or be recoverable, against any of 
the said Indians inhabiting the said Island, provided the 
same shall exceed the sum of twenty shillings, unless such 
Bill, Bond or specialty be entered into, or such verbal 
contract or promise be made, in the presence and by and 
with the consent and approbation of all the said three 
Guardians, to be appointed as aforesaid. 

And whereas the turning out Cattle, Horses, Sheep 
Goats and Sioine to be and go at large on the said Island, 
greatly damages the sa^ne: 

Be it therefore enacted by the authority aforesaid, that 
after the passing of this act, if any person or persons shall 
turn out any of his or their Cattle, Horses, Sheep, Goats 
or Swine, or shall permit and suffer them to be and go at 
large on the said Island, at any time between the twenty 
fifth day of April, and the twenty fifth day of October 
yearly, he or they shall forfeit and pay for each oflence, 
the penalty oi five shillings for every Horse, and each 



Acts, 1788. — Chapter 36. 63 

head of neat Cattle ; & one shilling a head for each Sheep, 
Goat or Swine, so going at large, which penalty shall be 
recovered by any person who shall sue for the same, in 
any Court proper to try such cause. 

January 26, 1789.* 



1788. — Chapter 36. 

[December Session, ch. 5.] 

AN ACT TO INCORPORATE THE PLANTATION, KNOWN BY THE 
NAME OF ST. GEORGES, IN THE COUNTY OF LINCOLN, INTO 
A TOWN BY THE NAME OF CVSHING. 

Be it Enacted hy the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, that the plantation heretofore called St. Boundaries. 
Georges, in the County of Lincoln, as described in the 
following boundaries, viz. Beginning at the mouth of 
Meduncooh River, runing up said river to the head of 
the tide, then north by east to Waldoborough line, then 
along said line, to the south west corner of Warren, then 
running easterly by Warren line, to St. Georges river, 
then crossing said river, to the south west corner of 
Thomaston, then east south east, by Thomaston line to 
the sea shore, then running south westerly by the sea 
shore, to Herring-gut, then running north westerly, cross- 
ing St. Georges river, to the first mentioned bounds, with 
the adjacent Islands, together with the inhabitants, be, 
and they are hereby incorporated into a town, by the 
name of Gushing, with all the powers, privileges and im- 
munities, which other towns in this Commonwealth, do or 
may by law enjoy. 

And be it further Enacted, that Waterman Thomas, waterman 
Esqr ; be, and hereby is empowered and directed to issue to'ca'u a'meell' 
his Warrant, directed to some suitable inha])itant of said '°^* 
town, requiring him to notify the inhabitants of the said 
town of Gushing, to assemble at such time and place, as 
he shall appoint in the said Warrant, to choose all such 
Officers, as towns are by law authorized to choose, at 
their meeting in the month of March or April, annually. 

January 28, 1789.'\ 

* Approved February 2, 1789. t Approved January 30, 1789. 



64 Acts, 1788. — Chapters 37, 38. 



1788. — Chapter 37. 

[December Session, ch. 6.] 

AN ACT FOR INCORPORATING LONG ISLAND PLANTATION, WITH 
THE ISLANDS ADJACENT, IN THE COUNTY OF LINCOLN, 
INTO A TOWN, BY THE NAME OF ISLEBOROUGH. 

Be it Enacted hy the Senate & House of Representa- 
tives in General Court assembled, & by the authority of 
the same, that the tracts of land described as follows, viz. 
Long island, seven hundred acre island, Job's island, 
& the Lime islands, situated in Penobscot Bay, in the 
County of Lincoln, with the inhabitants thereon, be, & 
they hereby are, incorporated into a town by the name 
of Isleborough, & the inhabitants of said town of Isle- 
borough are hereby invested with all the powers, priv- 
. ileges & immunities, which other towns in this Common- 
wealth do, or may by law enjoy. 

And be it further Enacted, that Gabriel Johonnot, esqr; 
be, & he hereby is empowered & directed, to issue his 
warrant, directed to some principal inhabitant of the said 
town of Isleborough, requiring him to notify the inhabi- 
tants of the said town of Isleborough, to meet at such time 
and place, as he shall appoint in the said warrant, to 
choose such officers, as other towns are bylaw empowered 
to choose at their annual meeting in the month of March 
or A2:)ril annually. January 28, 1789 * 

1788. — Chapter 38. 

[Printed with Perpetual Laws.] 

AN ACT FOR THE BETTER REGULATING OF THE INDIAN, MULATTO 
AND NEGRO PROPRIETORS AND INHABITANTS OF THE PLAN- 
TATION CALLED MARSHPEE, IN THE COUNTY OF BARNSTABLE. 

Preamble. WJiereas the provisions already made by law resjoecting 

the Indian, Mulatto, & Negro proprietors and inhabitants 
of the plantation called Marshpee, in the County of Barn- 
stal)le, are insufficient to the loell ordering & managing 
their affairs, and protecting them and their property, 
against the arts & designs of those who may from time to 
time be disposed to take the advantage of their weakness : 

Be it therefore Enacted by the Senate and House of 
Bejjresentatives, in General Court assembled, and by the 

* Approved January 30, 1789. 



Acts, 1788. — Chapter 38. 65 

authority of the same^ that a Board of Overseers shall be a ^oard^of^ ^^ 
established, consisting of five discreet and disinterested estabiiBhed. 
persons, (two of whom to be inhal)itants of the County 
of Barnstable, and the other three of the adjoining Coun- 
ties) and shall be appointed as is herein after directed, 
which Overseers are hereby vested with full power and amhority^" '^ 
authority to regulate the police of the said plantation, to 
establish rules and regulations for the well ordering and 
managing the affairs, interest and concerns of the said 
Indian and other proprietors and inhal^itants, as well 
with respect to the improvement and leasing out of their 
lands and Tennements, regulating their streams, ponds & 
fisheries, perambulating their lines, and meeting out lots 
for their particular improvement, as with respect to their 
bargains, contracts, wages and other dealings, and to take 
due care of their poor, and that their Children be bound 
out to suitable persons, of sober life and conversation. 
And the said Overseers are impowered and directed to stated meetings 

i,T,,T .. ■, , 1. o J. lOf the overseers 

hold stated meetings, elect a moderator, secretary and directed to be 
Treasurer, and may if they judge it necessary, appoint ^^^^' 
some suitable person or persons to act under their direc- 
tion, as a Guardian or Guardians to the said Indian and 
other proprietors, and to carry into execution, their said 
regulations and orders (which Guardian or Guardians 
shall give bonds to the said Board of Overseers for the 
faithful discharge of their trust and to render in to the 
said Overseers, and settle their accounts once every year 
and oftener if required ; and whenever the said Board shall 
judge the continuance of the said Guardians in their said 
trust, inexpedient or unnecessary, they may remove them. 

And he it enacted, that the said Board of Overseers or ^J^^''^?^^^ ^""^ 
the Guardians whom they may appoint, are hereby vested vested with 
with power and authority to demand and receive any m°and'and *' 
property, dues or wages, which now are or hereafter may '^eceive dues, 
be detained, withheld from or justly owning, to said pro- 
prietors or any of them, by any person or persons, and 
to institute and bring forward in their own names and 
capacities, any action or actions for the recovery thereof; 
as likewise for any illegal entries or trespasses, which 
have been or may be made or committed on their lands, 
tenements, fisheries and other property ; or for any fraud 
or injury done to them or any of them, and the same action 
or actions to pursue to final judgment and execution ; And pJ^e?ed"to^" 
shall at all times have full power and authority to examine settle aii 



66 



Acts, 1788. — Chapter 38. 



controversies & 
accounts. 



No lease, cove- 
nant or contract, 
shall be valid, 
unless made 
under the direc- 
tion of the 
overseers or 
guardians. 



Overseers to 
keep a fair and 
regular account 
of their trans- 
actions. 



To state their 
accounts annu- 
ally, and lay 
the same before 
the governor 
.*t Council. 



adjust and settle all accounts and controversies between 
them or any of them, and any white person or persons, 
for voyages or other services and transactions which re- 
main unsettled, or which may hereafter be done or arise, 
as likewise to adjust and bring to a settlement all accounts 
and proceedings of any former Guardian, Trustee or Over- 
seer, taking effectual care, that justice be done therein ; 
And may also bind by Indenture, the Children of the 
poor of the said proprietors to suitable persons, of sober 
life and conversation, as they the said Overseers or Guar- 
dians may judge necessary and convenient. 

And be it further Enacted ^ that no lease, indenture, 
covenant, bond, bargain or contract in writing, made by 
any of said proprietors, shall be of any validity, unless it 
be made by or under the direction of said l)oard, Guar- 
dian or Guardians, or with their consent and approl)ation, 
nor shall any action be brought against any of the said 
proprietors upon any account, for goods sold and deliv- 
ered, services done and performed, or for money had and 
received, to the use of another, unless such account shall 
have been fir.st examined l)y the said Overseers, Guardian 
or Guardians, and by them approved. 

And he it further Enacted^ that the said Overseers 
shall keep a fair and regular account of all their transac- 
tions, and of all the rents and profits arising from their 
the said proprietors lands, tenements and fisheries or 
otherwise, and of all money, wages or incomes, which 
they may receive from time to time, belonging to the said 
proprietors or any of them, and shall destriliute to them, 
their respective rights dues and shares, after deducting 
the reasonal)le expence of conducting their said business, 
payment of their just debts, and (from the common prof- 
its,) providing for the sick and indigent and reserving 
from time to time, such sum or sums as can conveniently 
be spared, for the support and continuance of religious 
instruction among them, and the Schooling of their chil- 
dren ; And they the said Overseers shall state their ac- 
counts annually, and lay the same before the Governor 
and Council for approbation and allowance : And the Gov- 
ernor with the advice of the Council is hereby authorized 
and impowered, to appoint such overseers, and to fill up 
vacancies whenever by death, resignation, removal out 
of the Commonwealth, or otherwise, they may happen ; 
to displace them or any of them for want of ability or 



Acts, 1788. — Chapter 39. 67 

integrity, or other reasonable cause, and to audit their 
accounts. 

And be it Enacted, that no liberty or pretended lil)erty. No wood, um- 
from the proprietors or any of them, for cutting off any shaii^be cut, 
wood, timber or hay, milking [)inc trees, carrying off any "f liben'y from 
ore or grain, or for planting or improving any of said the proprietors. 
lands or tenements, without the approbation of said Over- 
seers, Guardian or Guardians, shall be any bar in any of 
their action or actions, Provided nothing herein shall be 
construed to defeat any lease or indenture heretofore made 
agreeably to law. And the lands and tenements of said 
}iroprietors, shall not be lialjle to be taken in execution 
for debt. And if any of said proprietors shall be com- Proprietors to 
mitted in execution for debt, he she or they shall have of an ac^t, for^ 
the same benefit, from an Act intitled, "An Act for the p^Lonerscom- 
relief of poor prisoners who are committed by execution '"*"'^'' ^°'" '^®^*- 
for debt," as any white person now hath, who has no 
estate, their being proprietors notwithstanding, and the 
oath shall be varied accordingly. 

And he it further Enacted, that all laws heretofore made Former laws 
respecting the said Marslipee Indians be, and hereby are ^^"^^^^ " 
repealed . January 30, 1 789 . * 



1788. — Chapter 39. 

[December Session, ch. 7.] 

AN ACT TO INCORPORATE A PLANTATION ON THE EAST SIDE OF 
PENOBSCOT RIVER, IN THE COUNTY OF LINCOLN, CALLED 
TOWNSHIP NUMBER FIVE, OR BLUE HILL BAY, INTO A 
TOWN BY THE NAME OF BLUE HILL. 

Be it Unacted by the Senate and House of liepresenta- 
tives in General Court assembled, and by the authority of 
the same, that the tract of land described and bounded as Bouncin 
followeth. Viz, beginning at the north easterly corner of 
Township Number four on Blue hill bay, thence running 
on the Northwesterly line of Township Number four to 
the northeasterly line of Township number three, thence 
by the last mentioned line to the southwesterly corner of 
Township number Six, thence by the southeasterly line 
of Township numl)er six, to Blue hill bay, thence by said 
Bay to the bounds begun at, and including the Island adja- 
cent known by the name of Long Island, with the inhab- 

* Approved February 2, 1789. 



68 Acts, 1788. — Chapter 40. 

itants thereon, be, and they hereby are incorporated into 
a Town by the name of Blue Jiill, and the inhabitants 
of said Town are hereby invested with all the powers, 
priviledges & immunities, which the inhabitants of 
Towns within this Commonwealth do or may by law 
enjoy. 

Esqi'to ca^l'' Aud be it further Enacted, that Nicholas Holt Esqr ; 

meeting. jg hereby empowered to issue his Warrant, directed to 

some suitable inhal)itant of the said Town of Blue hill, 
directing him to notify the inhabitants of the said Town, 
to meet at such time and place as he shall appoint, to 
choose such officers, as other towns are empoAvered to 
choose at their annual meeting in the month of March or 
Apinl annually. January 30, 1789.* 



1788.— Chapter 40. 

[December Session, ch. 8.] 

AN ACT FOR INCORPORATING DEER ISLAND PLANTATION, 
LITTLE DEER ISLAND, AND THE ISLES OF HOLT, IN THE 
COUNTY OF LINCOLN, INTO A TOWN BY THE NAME OF 
DEER ISLE. 

Be it Enacted hy the Senate and House of Representa- 
tives, in General Court assembled and by the authority of 
the same, that the tracts of land described and bounded as 
followeth, viz. Deer Island Plantation so called, little Deer 
Island, and the Isles of Holt, situated in the County of 
Lincoln, with the inhabitants thereon be and they here})y 
are incorporated into a town, by the name of Deer Isle, 
and the Inhabitants of the said town are hereby invested 
with all the powers, priviledges and Immunities, which 
the Inhabitants of Towns within this Commonwealth do 
or may by law enjoy. 
Gabriel And bs it further Enacted that Gabriel Johonnot Esqr ; 

to call a meet- IS licrcby cmpowcrcd to issue ms Warrant, directed to 
*°^' some principal Inhabitant of the said town of Deer Isle, 

directing him to notify the Inhabitants of the said town 
of Deer Isle, to meet at such time and place as he shall 
appoint, to choose such officers as other Towns are im- 
powered to choose at their annual meeting in the month 
of March or April, ixnmxaWj, January 30, 1789. f 



* Approved February 2, 1789. f Approved February 2, 17 



Acts, 1788. — Chapter 41. 69 



1788. — Chapter 41. 

[December Session, ch. 9.] 

AN ACT TO ASCERTAIN THE BOUNDARY LINE BETWEEN TEM- 
PLETON & GERRY. 

Whereas the Towns o/" Templcton t€' Gerry, have jointly Preamble. 
petitioned the General Court, setting forth, that the dis- 
pute between them, respecting their boundari/ line is ami- 
cably settled, and praying that their settlement may he 
established by Law. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority 
of the same, that the dividing line between Templeton Dividing line. 
& Gerry, shall l)e as follows viz. Beginning at a point 
where Uubbardston line crosseth the middle of burrd sliirt 
brook, thence running up said brook in the middle 
thereof, until it comes to the south line of the meadow 
lot number eighty five in Templeton, now owned by Isaac 
Mirick, thence turning to a stake and stones on the west 
bank of said brook, thence running north seventy eight 
degrees west, fourteen rods to a dead hemlock with 
stones about it, which is the south west corner of said 
meadow lot, thence north twenty four degrees east, twenty 
rods to a stake and stones, an easterly corner of Benjamin 
Gallojis's land, thence north twenty seven degrees west, 
one hundred and forty four rods to a stake and stones, 
a corner of Silas Saioyer^s land, thence north sixty three 
degrees east, twenty three rods to a heap of stones on a 
rock, the easterly corner of said Sawyer''s land, thence 
north twenty seven degrees west, seventy two rods to a 
heap of stones on a ledge of rocks in the line between said 
Saivyer^s & Isaac 3Iirick^s lands, tlience north thirty two 
degrees west two hundred and twelve rods to a stake and 
stones, the north west corner of the second division lot 
numlier thirty three, thence north fifty eight degrees east, 
eighty three rods, to a white j^ine tree the southeast 
corner of Samuel Lamb's land, thence north thirty two 
degrees west, five hundred & seventy two rods, to a stake 
on the east bank of JSfeiv brook, thence down the middle of 
said brook, to Royalston line. Provided nevertheless, that Proviso, 
the farm of James Caruth, (being divided by said line) 
shall all be set to the town of Gerry, with his polls & 
estate. 



70 



Acts, 1788. — Chapter 42. 



Certain lands 
considered as 
belonging to 
Gerry, 



Lands belonging 
to Templeton. 



And be it further enacted that, that part of the lands of 
Barzillai Lamb, Isaac Lamb, Joshua Lamb, John Patch, 
Alexander Partman Davis, ZacJiariah 8ymmes & Charles 
Baher esquire which lays on the east side of New brooh, 
shall be considered as part of & belonging to the said 
Town of Gerry. 

And be it further enacted that the lands of Edmund Brig- 
liam, James Anderson, Jonathan Patch, Silas Church, 
Jotham Sawyer & Josiah Wait which lay on the west 
side of said JSfev) brook, shall Ijelong to the town of Tem- 
2)leton & also that Elias Sawyer, living within the bounds 
of the said Town of Gerry, with his polls & the estate he 
was possessed of at the time of the incorporation of Gerry, 
shall remain & belong to the said town of Temjfleton, 

January 30, 1789 * 



Preamble. 



Wardens and 
Vestrymen, in- 
corporated. 



1788. — Chapter 43. 

[December Session, ch. 11.] 
AN ACT INCORPORATING THE WARDENS AND VESTRY OF 
CHRIST CHURCH (SO CALLED) IN BOSTON, FOR CERTAIN 
PURPOSES. 

Whereas it hath frequently happened that persons have 
occasionally occupied peivs, in Chinst Church in Boston 
{not being oivners of the same) and have neglected to pay 
the rates or taxes lohich have been duly assessed thereon; 
and ivhereas doubts have arisen whether the Wardens & 
Vestry of said Church, or any other persons are legally 
invested with authority, for the purpose of suing for & 
recovering the same, as ivell as for certain other purposes 
herein after mentioned : 

Be it enacted by the Senate and House of Pepresenta- 
lives in General Court assembled, (& by the authority of 
the same, that Amos Windshij) and John Stoddard, War- 
dens, Samuel JSfickelson, James Sherman, George Bright, 
Joseph Ballard, John Hooton, Charles Williams, Nathan- 
iel Tidmarsh, John Bright, William Shaw, Joseph Cun- 
ningham & Francis Butler, Vestrymen of said Church, 
and their successors in office, are, & shall be deemed, 
so fer a body corporate, as to sue for & recover taxes, 
which are now, or may be due upon pews as aforesaid, and 
all other debts due to the said Church, of whatever kind ; 
and also, to sue and defend in all other actions in which 
said Church may be concerned. 



* Approved February 2, 1789. 



Acts, 1788. — Chapter 43. 71 

And be it further enacted, that the "Wardens & Vestry Empowered^ 
of the said Church, and their successors in office be & lands, &c. 
they are hereby impowered, to make sale & dispose of 
any lands, tenements and hereditaments belonging to the 
said Church, to such persons as shall purchase the same 
in fee sim[)le forever, and to make & execute good and 
sufficient deeds in law of the same, & to lease or other- 
wise dispose of the same, in the name & behalf of said 
Church, as to them shall seem necessary, agreeably & in 
conformity to the votes of the proprietors of said Church, 
excepting such lands and real estate as are and may be 
given on express condition that the income thereof shall 
be appropriated to the support of the Poor. 

January 30, 1789.* 

1788. — Chapter 43. 

[Printed with Perpetual Laws.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS BY THE 
NAME OF THE PROPRIETORS OF THE BEVERLY COTTON 
MANUFACTORY. 

Whereas the iwomotion of useful manufactures, &])artic- Preamble. 
\darly such as are carried on with materials of American 
produce loithin this Commomvealth, will tend to the hap- 
piness and welfare thereof, by increasing the agriculture 
and extending the commerce of the country ; And luhereas 
John Cabot, George Cabot, Del^orah Cabot, Andrew 
Cabot, Moses Brown, Joshua Fisher, Israel Thorndike, 
James Leonard, Thomas Somers & Isaac Chapman all of 
Beverly and Henry Higginson q/" Boston have associated 
themselves, for the purpose of establishing the manufacture 
of Ootton, and cotton and linnen goods, and have been at 
considerable expence in promoting the said manufacture; 
And lohereas they have petitioned the Legislature to incor- 
porate them, ivith such poivei's <& privileges as may en- 
able them to prosecute the business aforesaid: 

Be it therefore enacted by the Senate & House of Repre- 
sentatives in General Court assembled & by the authority 
of the same, that the aforenamed John Cabot, George f^3>^J;°{|^j 
Cahot, Deborah Cabot, Andreio Cabot, Moses Broivn, "°'=°''p°" ^' • 
Joshua Fisher, Israel Thorndike, James Leonard, Thomas 
Somers & Isaac Chapman all of Beverly and Henry Hig- 
ginson of Boston, so long as they shall be proprietors in 

* Approved February'2, 1789. 



72 



Acts, 1788. — Chapter 43. 



Proviso. 



Proprietors 
made capable 
in law of liold- 
ing and possess- 
ing real and 
personal estate. 



Proviso. 



Corporation 
made capable 
of suing, and 
being sued, Sec. 



Goods manu- 
factured by said 
corporation, 
shall have a 
label affixed to 
one end thereof. 



the said manufactory, together with all those who noAv 
are, or shall become proprietors in the same, are hereby 
incorporated forever by the name of the proprietors of the 
Beverly Cotton Manufactory. 

Provided nevertheless, that any person who now is, or 
hereafter shall be by force of this Act, one of the said 
corporation, upon his ceasing to be a proprietor as afore- 
said, shall cease to be a member thereof. 

And be it further enacted by the authority aforesaid, 
that the said Corporation are hereby made capable in law, 
of holding, purchasing, possessing and enjoying to the use 
of the several members of the said Corporation and to their 
heirs and assigns, in the same proportion as they are sev- 
erally interested in the said manufactory, real estate to 
the amount of ten thousand pounds and personal estate 
to the amount of eighty thousand pounds & also of sell- 
ing, aliening or disposing of the same : Provided however 
that the same be employed while the property of the said 
Corporation, in the manufacture of the articles aforesaid. 

And be it further enacted by the authority aforesaid, 
that the said corporation shall be capable in law of suing 
and being sued, pleading and being impleaded, defending 
and being defended, in all Courts of Record and other 
places whatsoever, & shall have such officers & servants 
as they may hereafter appoint & are hereby empowered 
to make & execute such laws & regulations as may be 
necessary for the government of the said corporation, 
provided the same shall in no case be repugnant to the 
laws of this Commonwealth, &, provided also the penalty 
annexed to a breach of the said laws shall in no case ex- 
ceed the sum oi fifty pounds, & shall have full power & 
authority to make & use a common seal and the same at 
pleasure to break alter and revoke ; and in all proceed- 
ings of the said Corporation, the votes of the meml)ers 
shall be taken according to the real interest or number 
of shares which they respectively hold in the actual prop- 
erty of the said corporation. 

And he it further enacted, by the authority aforesaid, 
that all goods which may l)e manufactored by the said 
Corporation, shall have a label of lead affixed to one end 
thereof, which shall have the same impression with the 
seal of the said Corporation, and that if any person shall 
knowingly use a like seal or label with that used by said 
Corporation, by annexing the same to any cotton, or cot- 



Acts, 1788. — Chapter 44. 73 

ton and linnen goods, not manufactored by said corpora- 
tion, with a view of vending or disposing thereof, as the 
proper manufacture of the said Corporation, every person 
so offending, shall forfeit and })ay treble the value of such 
goods, to be sued for & recovered for the use of the said 
Corporation, by action of del^t in any Court of record 
proper to try the same. February 5, 1789.* 



1788. — Chapter 44. 

[Printed with Perpetual Laws.] 
AN ACT TO PREVENT DAMAGE BY HORSES GOING AT LA.RGE. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and hy the authority 
of the same, that all Horses & Horse kind (of one year Horses that 
old and upwards) that shall l)e suffered to go at large, to go at large, 
shall be constantly fettered with a sufficient pair of fetters, constauti"/^' 
from the fifteenth day of April to the first day of JVovem- lettered. 
ber; and the owner of any such Horse, or Horse kind, 
that shall be found going at large on the common or 
ways in any town in this Commonwealth not being suffi- 
ciently fettered, shall forfeit & pay the sum of tho^ee shil- 
lings to be recovered by action of debt, by the Field 
driver, or any other person who will sue for the same, 
before a Justice of the Peace in the same County, one 
third part to the use of the poor of the Town where such 
owner dAvells, & the other two thirds to the use of the 
prosecutor. 

And be it farther enacted, that when the owner of any AVhen the owner 

or linv iiorsc 

Horse kind, going at large, without being fettered, as kind going at 
this Act requires, is unknown ; in such case, the field- known*, — pro- 
driver, or any other person may impound them, & other- guch'cfsVs" 
wise j)roceed with them as the law directs in the case of 
stray beasts — And when the owner appears to demand 
such horse he shall pay the three shillings forfeiture, for 
each horse kind unlawfully at large for the uses aforesaid, 
before delivery. 

Provided always, that it shall be in the power of any Proviso. -that 

m ill 1 i' • -^/^lA•^^ towns may 

iown at the annual meeting in March or April hy a grantuberty 
vote thereof, to grant li1)crty for Horses to go at large, go'^at large." 
without fetters, within the bounds of such Town, or in 
such parts & divisions thereof, as the Town shall deter- 

* Approved February 10, 1789. 



74 



Acts, 1788. — Chapter 45. 



Further proviso. 



Former laws 
repealed. 



mine most for the benefit of the inhabitants, between the 
said fifteenth day of April & the first day of November ; 
in which case it shall be lawful for any person residing 
therein, to suffer his Horse to go at large unfettered ac- 
cordingly^ without incurring the forfeiture aforesaid. 
Provided farther, that no Horse of the male kind, being 
ungelded, and more than one year old, shall be permitted 
to go at large on the common or highways with, or with- 
out fetters ; and the owner of any such ungelded Horse, 
so going at large, shall forfeit tioenty shillings, to be re- 
covered in the manner, & for the uses herein before 
prescribed. 

And he it further enacted by the authority aforesaid 
that all laws heretofore made permitting horses to go at 
large on the common be and hereby are repealed. 

Februarys, 1789* 



Penalty for 
Buffering neat 
cattle, &c., to 
run at large. 



1788. — Chapter 45. 

[December Session, ch. 10.] 
AN ACT TO PREVENT DAMAGE BEING DONE ON THE SALT 
MARSHES IN THE TOWN OF ARUNDELL, IN THE COUNTY 
OF YORK, BY HORSES, SHEEP AND CATTLE, BEING SUFFERED 
TO RUN AT LARGE, ON CERTAIN BEACHES, FLATS AND 
NECKS OF LAND, ADJOINING SAID MARSHES. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled & by the authority of 
the same, that from and after the passing this Act, it shall 
not be lawful for any of the inhal^itants of the Town of 
Arundell or any other person or persons whosoever, to 
turn out to feed or let run at large, any neat cattle, sheep, 
or horse-kind on the neck of land & the beach adjoining 
the same, known by the name of the pines lying between 
the rivers called Batson river and Little river, in the east- 
erly part of said Town, nor on a neck of land adjoining- 
said Batson^s river on the south thereof &, known by the 
name of Smith's neck ; nor on any of the flats westerly 
of said neck, and known by the name of the back cove; 
nor on any of the marshes or beaches on a certain island 
in the said Town, called I\dmer''s (alias) Vaughan's 
island, from the first day of April until the last day of 
November annually, upon the penalty of two shillings 
per head for all neat cattle and horse kind, and six pence 
per head, for all sheep so turned out to feed or let run at 



* Approved, February 5, 1789. 



Acts, 1788. — Chapter 45. 75 

large, on the necks of land, beaches, flats, or island afore- 
said, to be recovered by any inhabitant of the said Town 
of Anuidell, before any Justice of the Peace for the 
County of York, l)y action of del)t : and all such cattle, such caiue, &i:. 
sheep or horse kind found feeding or running at large on pounded. 
said necks of land, beaches, flats or island, shall be liable 
to be impounded in the Town oi ArundeU, and immediate 
notice thereof, shall be given to the owner or owners of 
such creatures if known, otherwise, public notice thereof 
shall be given in writing, by posting up the same in some 
public place in said Town, by the person impounding the 
same ; and such creatures shall be relieved l)y the pound- Poundkeeper's 
keeper, with suitable meet and water while impounded ; 
& if the owner or owners thereof, appear to redeem his or 
her impounded creature or creatures, he, she or they 
shall pay the following fees viz. tioo shillings to the im- 
pounder, for each neat beast or horse kind & six pence 
for each sheep so impounded, and to the pound keeper 
reasonable costs for relieving said creatures, besides his 
fees established by law ; and if no owner appear to redeem if no owner 
such cattle, sheep or horse kind so impounded within cattiemaybe 
the space of four days and to pay costs occasioned by ^° ' 
impounding them, then & in every such case, the per- 
son 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 & place 
of such sale to be given in said Town of ArimdeU forty 
eight hours at least previous to such sale, & the overplus, 
if any there be, arising from such sale shall be returned 
to the owner or owners of such creatures so sold, at any 
time within twelve months next after such sale, upon his 
or her demanding the same : l)ut if no owner appear within 
the said twelve months, then the said ovcj'plus shall be, 
one half to the party impounding such creature or creat- 
ures & the other half to the use of the poor of the Town 
Avliere such creatures shall have l)een impounded. 

Provided nevertJieless, that nothing in this Act shall be Proviso, 
so construed as to hinder the owners of SmitJi's neck so 
called, from pasturing the same in case they shall make 
a sufficient fence on their own part of said neck, and their 
part of such fence where they adjoin to other proprietors 
of the marshes mentioned in this Act, and shall keep the 
same from time to time in good repair. 

February 3, 1789* 

* Approved February 5, 1789. 



76 Acts, 1788. — Chapters 46, 47. 



1788. — Chapter 46. 

[December Session, ch. 12.] 

AN ACT TO SETT OFF JONATHAN HARDY FROM THE FIRST 
PARISH IN THE TOWN OF BRADFORD, IN THE COUNTY OF 
ESSEX, AND TO ANNEX HIM TO THE SECOND PARISH IN 
SAID TOWN. 

Be it Enacted hy the Senate and House of Representa- 
tives in General Court assembled S by the authority of 
the same, that the above said Jonathan Hardy with his 
family and the land he lives on, being about seventy five 
acres, be, and hereby are sett off from the first Parish in 
Bradford and annexed to the second Parish in Bradford, 
and shall forever hereafter be considered as belonoino; 
thereto : 

Provided nevertheless, that the said Hardy shall pay his 
proportionable part of all the taxes which are already 
assessed or levied on the said first Parish, in like manner 
as though this Act had not passed. February 9, 1789.* 

1788. — Chapter 47. 

[Printed with Perpetual Laws.] 

AN ACT DIRECTING THE MODE OF PROSECUTING WRITS OF 
REVIEW AFTER THE DEATH OF ANY OR ALL OF THE PAR- 
TIES IN THE ORIGINAL SUIT. 

Preamble. Whereas when judgment hath been recovered in any ac- 

tion, upon which a review is open arid before such Writ is 
sued out, or before judgment rendered therein, one or 
both of the parties inay die, and doubts have arisen whether 
the judgm.ent in such cases is not final : 
For the clearing of which. 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assembled and by the authority 
Mode of prose- Qf the Same, that when in any real action the demandant 

cutiusT writs oi «/ ' %> 

review, after the shall rccovcr judgment for his seizen, and possession of 
oraii'ofthe^ the demanded tenements and shall die within the term 
re^a^actioD.**"^ allowcd by Uiw to the defendant to review the same judg- 
ment, it shall l)e lawful for him within the said term to 
sue out and prosecute his writ of review for the reversal 
thereof, against the i)erson in the actual possession of 
such tenements or against him who hath right to hold the 

* Approved February 10, 1789. 



Acts, 1788. — Chapter 47. 77 

same under the demandant in case the said judgment 
shall not be reversed, or both of them, at his election : 
And when in any such real action as aforesaid, judgment 
shall l)e rendered for the defendant for his costs, and he 
shall die within the term allowed by law to the demandant 
to review the same judgment, it shall he lawful for him 
Avithin the same term to sue out and prosecute his Writ 
of review for the reversal thereof against the person in 
the actual possession of the demanded tenements, or 
against him who hath right to hold the same under the 
original defendant, in case the said judgment shall not be 
reversed, or both of them at his election. And when 
both the demandant and defendant, or either of them, 
shall die after judgment rendered in the original suit, it 
shall be lawful for the heirs at law of the party against 
whom judgment shall have been rendered in such suit, or 
for any other person having a right under such party to 
the seizen and possession of the demanded tenements, in 
case the last judgment shall be reversed within the term 
allowed by law, to sue out and prosecute their Writ of 
review, for the reversal thereof, in manner and form as 
aforesaid, or against the party who recovered in the origi- 
nal suit if living ; And in the several cases mentioned in 
this enacting clause, the same proceedings and judgment 
shall be had, mutatis mutandis, as would have been had 
between the original demandant and defendant, if they 
had been in full life, and the writ of review had been 
pending between them. 

Ajid be it furtJier Enacted hy the autliority aforesaid, 
that when judgment shall be recovered in any personal Mode of pioee- 

J O _ , , _ J 1 _ cuting writs of 

action, and one or both of the original parties shall die review afui the 

o 1 death (»f the 

within the term allowed by law, to review the same judg- parties, in any 
ment, no Writ of review being pending between them, it p^"°°''' action, 
shall be lawful, either for the surviving party, or for the 
Executors or Administrators of the deceased party, or 
parties, where both of them shall die as aforesaid, within 
the same term, to sue out & prosecute a Writ of review 
for the reversal of the same judgment ; And the same [pro- 
ceedings and judgment shall be had therein, inutatis mu- 
tandis, as would have been had between the original 
parties. 

And be it further enacted hy the authority aforesaid, 
That if pending a Writ of review, between the original J^^'jewlJ'plnd- 
paities, whether in a real or personal action, cither of ing, whether in 

tX re^l or per- 

them shall die, his death shall at the request of the At- sonai action, 



78 



Acts, 1788. — Chapters 48, 49. 



the plrtfJs" hall torney for either party, be entered upon the records of 
die,— what pro- the Coiu't, and the cause shall thereupon be continued, to 
be had. the end, the heirs at law of such deceased party, or other 

person interested in the tenements in question, as afore- 
said, or his Executors or Administrators, as the case may 
be, may come into Court and take upon them the prose- 
cution or defence of the same suit to final judgment : And 
if after a reasonable time, according to the discretion of 
the Court granted for this purpose, neither of them shall 
appear as aforesaid, or appearing, shall afterwards become 
nonsuit or be defaulted, then the same proceedings and 
judgment shall be had therein, mutatis mutandis, as would 
have been had between the original parties. 

February 9,1789 * 

1788. — Chapter 48. 

[December SeBsion, ch. 13.] 
AN ACT FOR SETTING OFF JOSEPH PERKINS & JACOB PERKINS 
FROM THE SOUTH PARISH IN MALDEN AND ANNEXING 
THEM TO THE NORTH PARISH IN THE SAID TOWN. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that Joseph Perkins and Jacob Perkins with 
their families, polls and estates, lying in the town of 
Maiden in the south Parish of said town, be, and hereby 
are sett oif from the said south Parish, and annexed to the 
north parish of said Maiden, there to enjoy Parish privi- 
ledges and to pay Parish charges that may arise within the 
same, they to be subjected to the payment of all taxes 
that may be now due from them or their estates, to the 
south Parish, in the same manner as though this Act had 
not been passed. February 10, 1789.-\ 



Preamble. 



1788.— Chapter 49. 

[Printed with Perpetual Laws.] 
AN ACT IN ADDITION TO AN ACT, PASSED IN THE YEAR OF 
OUR LORD, ONE THOUSAND SEVEN HUNDRED AND EIGHTY- 
ONE, ENTITLED, AN ACT TO INCORPORATE CERTAIN PHYSI- 
CIANS, BY THE NAME OF THE MASSACHUSETTS MEDICAL 
SOCIETY. 

WJiereas some doubts have arisen with respect to the 
extent of the poivers given to, and duties required of, the 
said Society, by the Act to which this is an addition, 



* Approved, February 14, 1789. 



t Approved February 11, 1789. 



Acts, 1788. — Chapter 49. 79 

touching the examination of any Candidates for the prac- 
tice of Physic and Surgery, ^^ who shall offer themselves 
therefor, respecting their skill in their profession" as ivell 
as ivith respect to the authority of the said /Society, to 
demand and receive a suitable compensation for their time, 
trouble and expence, in examining Candidates, and for the 
letters testimonial, lohich by the said Act they are required 
to give to such as shall be approbated. 

For removing the said doul^ts, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assonbled, and by the authority 
of the same, that it shall be the duty of the said Massa- society to point 
chusetts Medical Society, in order more efiectually to cai instructions 
answer the designs of their institution, from time to time Is^hey^shaiT"' 
to describe and point out such a Medical instruction or Judge proper. 
education, as they shall judge requisite for Candidates for 
the practice of Physic and Surgery, previous to their ex- 
amination before them, or their Officers appointed for said 
purpose, respecting their skill in their profession, & shall 
cause the same to be published in three News papers in 
three diflerent Counties within this Commonwealth : And 
every Candidate examined and approved by the President 
and Fellows of the said Society, or such of their Officers 
or Fellows as they shall appoint, shall be held to pay such 
reasonable fees of Office as shall be established by the said 
Society, for the examination of Candidates and letters tes- 
timonial in favor of such as shall be approbated ; and the 
Treasurer of the said Society for the time being, shall 
have full power and authority to sue for and recover the 
same, in any Court proper to try the same. 

And be it further enacted. That the eighth enacting Part of a former 
clause of the said incorporating Act, making the Presi- "^^ '■^p®^'^*^- 
dent or such other person or persons as shall be elected 
for the purpose of examining Candidates, each and every 
of them, subject to a tine of o;ie hundred pounds, in case 
of olistinate refusal to examine any Candidate offering 
himself therefor, be and it is hereby repealed. 

And be it further enacted, that from and after passing Fine for obsti- 
this Act, whenever the Officers appointed for examining "o^e^xamLr^"^ 
Candidates for the practice of Physic and Surgery, shall ^''^'^'dates. 
obstinately and unreasonal^ly refuse to examine such as 
may apply therefor, respecting their skill in their profes- 
sion, the Officers so refusing, shall be subject to a fine 
not exceeding one hundred pounds nor less than twenty 



80 



Acts, 1788. — Chapter 50. 



pounds, to be sued for and recovered by the Candidate 
injured, & to his own use, in any Court within this Com- 
monwealth, proper to try the same. 

February 10, 1789* 



Inhabitants, 
may order in 
what manner 
fish may be 
taken, &c. 



Limitation. 



1788. — Chapter 50. 

[December Session, ch. 28.] 
AN ACT TO ENABLE THE TOWN OF WATERTOWN, TO REGU- 
LATE AND ORDER THE TAKING OF THE FISH CALLED 
SHAD AND ALEWIVES, WITHIN THE LIMITS OF THE SAID 
TOWN. 

Be it Enacted hy the Senate and House of Representa- 
tives in General Court assembled and hy the authority of 
the same, that from & after the publication of this Act, 
it shall and may be lawful for the inhabitants of the said 
town of Watertoum, at their annual meeting in March or 
April, during the continuance of this Act, to determine 
and order at what time, in what manner, and by whom, 
the said fish called Shad and Alewives may be taken 
within the limits of said town of Watertown, not to exceed 
three days in each week, and the said inhabitants shall 
cause a copy of such order attested by the town Clerk, to 
be posted up in some public place in said town of Water- 
town, and the adjoining towns ; whereunto all persons 
shall conform, with respect to the taking of said fish 
called Shad & Alewives within the limits of said town of 
Watertown, on penalty that the ofiender against the same, 
shall forfeit and pay the sum of twenty shillings, to be 
sued for and recovered before any Court proper to try the 
same, by any person that shall inform & sue for the same, 
one moiety to the informer and the other moiety to the 
use of the poor of the said town of Watertoivn. 

Be it further enacted, that any of the inhabitants of said 
town of Watertoum not concerned in violating this Act, 
shall and may be admitted as witnesses to testify in any 
action that may be brought for the above penalty, their 
being inhabitants of said town of Watertown notwith- 
standino;. 

This Act to continue and be in force for the space of 
ten years, from the publication thereof, & no longer. 

February 10, 1789. if 



* Approved February 11, 17S 



t Approved February 11, 1789. 



Acts, 1788. — Chapter 51. 81 



1788. — Chapter 51. 

[Printed with Perpetual Laws.] 

AN ACT AUTHORIZING EXECUTORS AND ADMINISTRATORS TO 
MAKE SALE OF REAL ESTATE MORTGAGED TO THEIR TESTA- 
TORS, OR INTESTATES, AND SUCH AS THEY SHALL TAKE 
IN EXECUTION IN CERTAIN CASES. 

Whereas doubts have arisen and may arise, ivitJt resjyect Preamble. 
lo the extent of the right, interest, title and estate loJiich 
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 
tvhich 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; 

Be it Enacted by the Senate and House of Itepresenta- 
tives in General Court assembled, and by the authority of 
the same. That whenever any person or persons to whom when any 

,1, , itj j 1 J. person to whom 

any lands, tenements or hereditaments, may be mort- lancu, &c., are 
gaged for the payment of debts, or the performance of de"ccl8''e^befOTe' 
any collateral promise or engagement whatsoever, shall gg?°Jn'I_°* 
decease before recovery of seizen and possession of the executors and 

IT 7 ijijii admmistrators, 

lands, tenements, or hereditaments mortgaged, that then authorized in 
the debts due on said deed of mortgage, and the lands, 
tenements, or hereditaments mortgaged by the same, 
shall be assetts in the hands of executors or administra- 
tors as personal estate, and the executors or administra- 
tors shall have the same controul & 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 ; & executors or admin- 
istrators may bring actions for recovery of seizen and 
possession of the lands, tenements, and hereditaments 
mortgaged, as aforesaid, in which actions, it shall be 
sufficient to declare on the seizen and possession of the 
testator or intestate. 

And be it further Enacted, that whenever executors or when executors 

-.. in • • i'li or administra- 

administrators shall recover seizen or possession or lands, tors, shaii 
tenements or hereditaments mortgaged as aforesaid, the orpossossion^— 
executors or administrators shall be seized and possessed ho4",^ade."' 
of the estate so recovered, to the sole use and behoof of 



82 



Acts, 1788. — Chapter 51. 



When judgment 
IB recovered for 
money, & lands, 
tenements, &c., 
shall be set off, 
distribution to 
be made as of 
personal estate. 



Right of re- 
demption al- 
lowed the 
mortgager, his 
heirs or execu- 
tors. 



the Widow and heirs of the intestate, or such Devisees of 
the testator, to whom said estate may be devised ; and the 
Court of Probate may make distribution of the same, as 
of personal estate accordingl}^, unless the lands tenements 
or hereditaments mortgaged and recovered as aforesaid, 
shall be necessary for the payment of del)ts, legacies 
annuities or charges of administration ; and in that case the 
said executor or administrator, having obtained licence, in 
manner as by law provided, shall have full right, power 
and authority to dispose and make sale of the whole or 
part of the lands tenements or hereditaments recovered 
as aforesaid, as though the testator or intestate had died 
seized thereof, subject however to the right of redemption 
in case such sale shall be made, before such right shall be 
extinguished. 

And be it further enacted, that whenever any executor 
or administrator shall recover judgment for any sum of 
money, whereon execution shall issue & lands tenements 
or hereditaments shall be set oft' to the said executor or 
administrator in discharge of the said execution, the said 
executor or administrator shall be seized and possessed 
of the whole estate in the lands tenements or heredita- 
ments so set oft', to the sole use and behoof of the widow 
& heirs of the deceased intestate, or to the residuary lega- 
tee or legatees of the testator, as the case may be, and the 
Court of Probate may make distril)ution of the same, as 
of personal estate, accordingly : unless the lands tene- 
ments or hereditaments so set oft', on the said execution 
shall be necessary for the payment of debts, legacies, 
annuities or charges of administration ; and in that case 
the said executor or administrator having obtained licence, 
in manner as by law provided, shall have full right, power 
and authority to dispose and make sale of the whole or 
part of the lands, tenements or hereditaments so set of 
as aforesaid, subject however to the right of redemption, 
in case such sale be made before such right shall be 
extinguished. 

And be it further enacted, that after executors or admin- 
istrators shall recover seizen and possession of any lands, 
tenements or hereditaments mortgaged, as aforesaid, or 
shall become seized and possessed of lands, tenements or 
hereditaments, by having the same set oft" in discharge of 
an execution as aforesaid, and before conveyance or assign- 
ment thereof in manner aforesaid, if any Mortgager, his 



Acts, 1788. — Chapter 52. 83 

heirs, executors, administrators, or assigns, or the person, 
his heirs, executors, administrators or assigns, whose 
estate has been levied upon as aforesaid, shall within the 
time limited for redeeming the estate mortgaged or levied 
upon, redeem the mortgaged or levied premises, the execu- 
tors or administrators shall in every instance be intitled 
to receive the said redemption money, and are hereby 
authorized, impowered and directed to discharge the 
said mortgaged premises or estate levied upon, by re- 
lease, quitclaim or other legal conveyance. 

And he it further enacted, that nothing in this act con- ^o^i^ij^t^^^iji^o^*-^ 
tained shall be construed to controul any last will or tes- controuied. 
tament or any part thereof. 

And he it further enacted, that an act made and passed fepTafed?''' 
the twenty seventh day of June seventeen hundred and 
eighty six, intitled, "An Act authorizing executors and 
administrators, to make sale of real estate mortgaged to 
their testators or intestates and such as they shall take 
in execution in certain cases " be, and hereby is repealed. 

February 11, 1789* 



1788. — Chapter 52. 

[December SesBion, ch. 14.] 

AN ACT FOR GRANTING A LOTTERY FOR THE PURPOSE OF 
ERECTING A SUITABLE BUILDING FOR THE USE OF THE 
FREE SCHOOL IN WILLIAMSTOWN. 

Whereas it appears that it woidd promote the education preamble. 
of youth, to erect a suitahle huildingfor the accommodation 
of the free school in Williamston, & the Trustees of said 
School have represented their inahility to accomplish the 
same, without the aid of the Legislature, and have re- 
quested that a Lottery may he granted for that purpose. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assemhled and hy the authority of 
the same, that there be, & hereby is granted a Lottery, Lottery granted. 
for raising a sum not exceeding twelve hundred pounds, 
the profits of which after paying the necessary expences 
of managing the same, shall be applied for the purpose of 
erecting the aforesaid Building. 

Anithe it further enacted, that William Williams, Manag^rs^ap. 
Thompson Joseph Skinner, Woodhridge Little, L'irael 
Jones, Esqrs. & Captain Daniel Brown, or any three of 

* Approved February 13, 1789. 



84 



Acts, 1788. — Chapter 53. 



Penalty for 
forging or 
counterfeiting 
tickets. 



Managers shall 
be sworn and 
give bond. 



them be & hereby are appointed Managers of the said 
Lottery ; whose business it shall be to concert and publish 
a scheme for the purpose of such Lottery, and to pub- 
lish a correct list of all prizes that may be drawn in the 
said Lottery, in such newspapers as the said Managers 
may think proper, within thirty days after the drawing 
thereof shall be compleated ; and they shall pay to the 
possessor of each prize ticket the full sum of such prize, 
within twenty days after such list is published, if de- 
manded by the possessor of such ticket, — And if any prize 
shall not be demanded within six months after drawing 
said Lottery, it shall be deemed as generously given for 
the purpose aforesaid & applied accordingly. 

And be if Jurf Iter enacted, that if any person shall forge, 
counterfeit or alter any Lottery ticket issued by virtue 
of this Act, or shall pass or utter any such forged, coun- 
terfeited or altered ticket, knowing the same to be false, 
forged, counterfeited or altered, or shall counsel advise 
or assist in forging alterinof or counterfeitino; the same, 
every person so oftending & being thereof convicted before 
the Supreme Judicial Court of this Commonwealth, shall 
be punished by line not exceeding 07ie hundred pounds for 
each offence, or by whipping or standing in the pillory 
at the discretion of the said Court. 

Provided always, that the said managers shall before 
they enter on the business of their appointment, be sworn 
before some magistrate to act therein faithfully & impar- 
tially, and shall give security to the Treasurer of this 
Commonwealth in the sum oi three thousand jjounds, con- 
ditioned for the faithful discharge of the trust which by 
this Act is, devolved on them & for paying into the hands 
of the Trustees of said School the net proceeds of said 
Lottery, to l)e applied as is provided in this Act ; & for 
their fully compleating the drawing of said Lottery by the 
first day of February one thousand seven hundred & 
ninety. February 11, 1789 * 



Preamble. 



1788. — Chapter 53. 

[Printed with Perpetual Laws.] 
AN ACT AUTHORISING COURTS HAVING CRIMINAL JURISDIC- 
TION TO AWARD IN CERTAIN CASES CONDITIONAL SEN- 
TENCES AGAINST OFFENDERS. 

Wliereas Courts having criminal jurisdiction are au- 
thorised/or the punishment of certain offences to aivard at 



* Approved February 13, 1789. 



Acts, 1788. — Chapter 54. 85 

their discretion either a fine, or imprisonment, confinement 
to hard labour, or corporal tt" ignominious piunisJiment of 
the offender ; ^ 

And Whereas the fines in such cases imposed are often 
times avoided by the inability or obstinacy of offenders, 
ivho remain in jjrison at the great expence of the Counties 
having them in charge, ivJiicJi discourages tlie infiiction of 
fines. 

Be it therefore Enacted 'by the Senate & House of Repre- 
sentatives in General Court assembled, & by the authority 
of the same, that when before anv Court havini^ iurisdic- conditional 

ri ,, ,. 1 11 1 • J- ^ c • sentences may 

tiou thereot, any person shall be convicted oi any crnue be awarded in 

,«• i-'iiT • 'iiii n 1 certain cases. 

or ollcnce, which by L/aw is punishable by a tine, or by 
imprisonment, confinement to hard labour, or corporal 
and ignominious punishment of the offender, at the dis- 
cretion of such C(nirt, the Justices of such Court, are 
hereby authorised & empowered if they see cause, to 
award a conditional sentence against such offender, and 
to order such offender to pay a fine within a limited time, 
to be expressed in such sentence, and in default thereof, to 
suffer such other punishment as may l)y Law be inflicted 
on the offender for such offence. 

And be it further Enacted, that in case the persons sheriff to cause 
against whom such sentence shall be awarded, shall not inflicted, 
pay the fine imposed within the time limited, it shall be 
the duty of the Sheriff' of the County having charge of 
such offender, to cause the other part of such sentence to 
be infficted, according to the form & effect thereof, any 
Law, usage, or custom to the contrary notwithstanding. 

February 13, 1789* 



1788. — Chcapter54. 

[December Session, ch. 17] 

AN ACT FOR BRINGING TO A SPEEDY SETTLEMENT, ALL AC- 
COUNTS SUBSISTING BETWEEN TOWNS, & SUCH PERSONS 
AS MAY HAVE BEEN EMPLOYED BY THEM, IN ENLISTING 
& PAYING SOLDIERS, & FURNISHING SUPPLIES FOR THE 
LATE CONTINENTAL ARMY. 

Be it enacted by the Senate & House of Representatives 
in General Court assembled, <& by the authority of the 
same, that every person who may have been employed 
by any town, district, or plantation within this Common- 

* Approved February 14, 1789. 



86 Acts, 1788. — Chapter 55. 

wealth, in hiring soldiers or furnishing supplies for the 
late Continental army (provided such person resides 
within this Commonwealth) shall within two years from 
the time of passing this act, exhibit his demand against 
such town, district or plantation, to the Selectmen thereof, 
or to such other persons as may be appointed by such 
town, district, or plantation, to settle & adjust the same, 
or shall forever thereafter be precluded from recovering 
any thing on such demand ; and every town, district & 
plantation within this Commonwealth, having any demand 
against any person or persons, who may have been em- 
ployed as aforesaid (such demand arising in consequence 
of their having been so employed, & such person or per- 
sons residing within this Commonwealth) shall prosecute 
the same within the term aforesaid, or be ever afterwards 
debarred from recovering any thing on such demand. 

February 13, 1789* 

1788. — Chapter 55. 

[Printed with Perpetual Laws.] 
AN ACT RESPECTING LOST GOODS & STRAY BEASTS. 

Be it Enacted by the Senate (& House of Representatives 
in general Court Assembled & by the authority of the 
Money or goods stt^nc, that wliocvcr sliall find any money or goods lost of 
value of 6s. thc valuc of six shiUinc/s or upwards, whereof the owner 
is unknown, the finder shall within ten days next follow- 
ing at the furthest, give notice thereof in writing, unto 
the Clerk of the town in which they are found, & pay him 
one sJiilling S six j^ence for making an entry thereof in a 
book to be kept for that purpose, & for procuring the 
same to be recorded with the Register of Deeds for the 
same County, as is in this act directed : And the finder 
shall also cause a notification thereof to be posted up in 
some public place within the same town, & also shall 
cause the same to be publicly cried therein on three sev- 
eral days, provided there shall be any public Crier in said 
If the money tow'u : And if tlic moucy or goods, so found, be of the 
amount to 40b. valuc of forty shillings, or upwards, then to be Cried as 
aforesaid, & notice thereof posted up in like manner in 
the same & the two next adjoining towns within one 
month next after such finding. 

* Approved February 14, 1789. 



notice how 
given 



Acts, 1788. — Chapter 55. 87 

And be it further enacted, that every person who shall be'^c^e'dTposted 
find & take up any stray beast, shall cause the same to be andwythed. 
entered, with the colour & marks natural & artificial, & 
also to be posted u}) & cried in manner & time as afore- 
said ; & likewise, within ten days put & from time to time 
keep, a wytli about the neck of such stray beast, (sheep 
only excepted from being wythed) on pain of losing all 
his charo-es about it afterwards; & such finder of lost finder to cause 

T 1 • I • 1 r) 1 ® goods or 

goods or stray beast, shall also withm two months, & be- strays, to be 
fore any use or improvement thereof is made to its disad- *pp""*® • 
vantage, procure from the town clerk, or a Justice of the 
Peace, a warrant directed to two such disinterested judi- 
cious persons as the Clerk. or Justice shall appoint, re- 
turnable into the Town Clerk's office in seven days from 
the date, to appraise & value the goods or Stray beast 
upon oath, at the true value thereof in money according 
to their liest judgment, & to administer an oath unto them 
for thtit purpose accordingly, which warrant & oath the 
Clerk & Justice are hereby respectively authorized to 
issue & administer. 

And be it further enacted, that if the owner of any such appear°witMn 
lost money, goods, or stray l)east, appear within one year ^'|fjjy*'"g'*j°j*|, 
& a day next after such notice of the finding given to the tion skaii be 
Town Clerk as aforesaid, & make out his right & title 
thereunto, he shall have restitution of the same, or the 
full value thereof, allowing & paying titree ^jence for each 
time it was Cried, & the money paid for entring the same 
as aforesaid, together with such necessary charges as shall 
have arisen, in keeping, notifying, appraising, & neces- 
sary travel respecting the business, to be liquidated & ad- 
justed by some Justice of the peace of the same County, 
in case of disagreement between the owner & finder : And ^eadng.^pro''-' 
if no owner ai^i^ear within one year & a day as aforesaid, ceeds to be 

i. i- */ «/ ■' cjivicl6tl betwGGn 

then such Strays, lost money or goods, shall be & remain the finder and 
to the finder, he paying one half of the value thereof (all town.°°'^ ° 
necessary charges being first deducted) according to ap- 
praisement unto the Treasurer of such town, for the use 
of the poor thereof, & to be recovered by the Town Treas- 
urer, (upon neglect or refusal to pay the same) as in other 
cases. 

And be it further enacted, that the Town Clerk shall Z"^,^;,^!^^^'' 
once every two months transmit to the Re<iister of Deeds copies of aii 

i/^ ,.~ ii- entries of lost 

in the County where he lives, an authentic copy under his goods or strays, 
hand of all entries that shall he made with him of lost oVde^edsf'^'^"^ 
money, goods or strays, excepting all such lost goods or 



88 



Acts, 1788. — Chapter 56. 



KesjisterB to 
record the same, 



Penalty for 
neglect. 



Penalty on the 
finder, for 
neglect of enter- 
ing, crying, &c. 



Penalty for 
takiiii^ off the 
wyth, &c. 



No strays to be 
made at certain 
eeasons of the 
year. 



Former laws 
repealed. 



strays, as shall be delivered to the owner thereof, within 
the said two months, & Shall pay to the Register six j)ence 
for each copy of an entry transmitted to him as aforesaid ; 
& the Register shall keep a hook wherein he shall record 
all entries transmitted by the Town Clerk as aforesaid, & 
give out co[)ies of the same when desired at the price of 
six pence for each copy, & for searching such record shall 
be allowed two pence & no more. And if any town Clerk 
or Register shall neglect or fail of doing his duty as by 
this act is provided & directed, their respective fees being 
paid, or tendered unto them as is in this act mentioned, 
he shall for every such neglect forfeit & pay the sum of 
forty sliiUt'nf/s, one half to .the use of the County and 
the other half to him or them that will prosecute & sue 
therefor. 

And be iifurilier Enacted^ that if any finder of any lost 
goods, money or Stray beast of the value of six shillings 
or upwards, shall neglect to cause the same to be entred. 
Cried & posted up in manner & time, as before directed, 
or to wyth such Stray beast, he shall forfeit & pay the 
full value of such goods, money or Stray beast, one half 
to the use of the County, & the other half to him or them 
that will prosecute & sue for the same. And if the owner 
of any Stray beast, or other person, shall take off the 
wyth from the same, or take away such Stray beast l)efore 
all the necessary charges arisen, for entring, crying, noti- 
fying keeping & appraising thereof be defrayed, such 
person so offending shall forfeit & pay unto the finder of 
such Stray beast the full value of the same. 

And be it further Enacted, that no person from the fif- 
teenth day of April to the first day of JSFovemher, shall 
take up any horse, gelding, mare or other beast for a stray, 
unless such l)east be taken damage feasant in some inclos- 
ure, & impounded for that, or some other sufl5cient cause. 

And be it farther Enacted, that all acts & laws hereto- 
fore passed relating to Strays & lost goods, be & hereby 
are repealed. " Fehruanj 13, 1789 * 



1788. —Chapter 56. 

[Printed with Perpetual Laws.] 
AN ACT FOR REGULATING SWINE. 

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



* Approved February 14, 1789. 



Acts, 1788. — Chapter 56. 89 

the senile, that there shall l)e appointed at the annual meet- nogreeveeto 
ing in JIarc/t or Api-'d in each town, in 'this Common- choseu. 
wealth, two or more persons for hogreeves, who shall be 
chosen and sworn in the same manner as other town Offi- 
cers ; whose duty it shall be to carry the regulations made ivnaiiy for Buf. 
by this Act into execution ; and any person who shall sutler go at i urge.*' 
his Swine to go at large out of his inclosure, shall forfeit 
and pay one shnUng for each Swine thus suffered to go at 
large, to be recovered Avith costs of suit by any hogreeve 
or other person who will sue therefor, before a Justice of 
the Peace in the same County, hy action of del)t, or by 
impounding such Swine. And when Swine are impounded, are^fmpoimded, 
to recover the penalty incurred by this act, the owner, if penalty how 

i- '' kI ^ ' recovered. 

known, shall be notified in the time and manner by law 
directed, and if unknown, such notice of the time, place, 
and cause of imjjounding shall l)e given as the law in that 
case hath directed ; & if no owner appear within three 
full days after the impounding, to pay the forfeiture and 
charges and reasonable expence of keeping, or to replevy 
such Swine ; the impounder may in writing apply to a 
Justice of the Peace of the same County or to the Clerk 
of the same town, and there file an information of the 
transaction upon oath ; and if it shall appear from such 
information to the satisfaction of the Justice or Clerk 
that such impounder has complied with the directions of 
the law in such cases, then such justice or Clerk may issue 
a precept in form as hereafter prescribed, to any Consta- 
ble of the same town, if the Constable himself is not the 
impounder, or interested ; and if he is, to any other dis- 
creet or disinterested inhabitant of the same town, to sell 
the Swine, and after paying the impounder the tine and 
costs and expences, to be taxed and allowed by the Justice 
or Clerk, to deliver the surplussage into the town Treas- 
ury there to remain for the owner, deducting one sJiilling 
on the pound for the Treasurer's troul)le, in case he shall 
appear and claim it within one year & a day from the time 
of issuing such Precept ; liut in case no owner appear 
within that time, such surplussage shall be one half to the 
impounder and the other half to the poor of the town, 
and be by the Treasurer distributed accordingly. 

And he it further enacted; that the form of the Precci)t 
to be issued for selling Swine impounded to recover the 
forfeiture incurred by a breach of this Act, shall be in 
substance as follows : 



90 Acts, 1788. — Chapter 56. 

[seal.] 8 ss. 

To either of the Oonstables of the town of 

prec'^pffor Whcreas A. B. of B , in the County of 8 , 

seiiingBwine (addition) has this day oiven me information, that on 

impounded, ^ •' i /. n ,i • i 7 • 7 

for a breach of the day oi he lound a owine {kei'e insert the 

marks natural, and artificial if any, and such a disciHplion 
of the size and age, as can conveniently he done'] owned 
by 0. D. of (addition) going at large in said town 

of B , against the statute in that case provided ; 

whereljy the said C. D. forfeited the sum of one shilling ; 
for the recovery of which he impounded the same Swine, 
and within twenty four hours then next following, gave 
him notice thereof in writing (or left a notification thereof 
at his dwelling house, as the case may be) and although 
three full days have elapsed since the impounding, yet he 
has not paid the said forfeiture and charges nor has he 
replevied the same Swine (or in case the owner is un- 
known, after the description of the Swine, its marks 
natural & artificial, let it be inserted l)elonging to some 
person unknown) at the time of impounding going at 
large against the Statute in that case provided, whereby 
the owner forfeited the sum of one shilling, for the recov- 
ery of which he impounded the same Swine, & within 
twenty four hours then next following caused notifica- 
tions of the time, place and cause of impounding to be 
posted up agreeably to the directions of the law in such 
cases ; And although three full days have elapsed since 
the impounding, no person hath appeared to pay the said 
forfeiture and charges, or replevied the same Swine, as 
by the information by him signed and sworn unto, with 
me now remaining appears : 

These are therefore in the name of the Common\vcalth 
of MassacJiUsetts to will and require 3^ou, after you have 
posted up notifications of the time and place of sale, 
twenty four hours beforehand, to sell and dispose of the 
said Swine, at such time and place as you shall have thus 
appointed to the highest bidder, and from the monies 
arising upon the sale, you are to pay the said A. B. one 
shilling for the said forfeiture, and shillings and 
pence by me allowed for his costs, charges & expences, 
(according to the l)ill annexed) and one shilling and six 
pence more for this Precept, amounting in the whole to 
shillings & pence. And the surplus arising from 
such sale, deducting three shillings and six pence for your 



Acts, 1788. — Chapter 57. 91 

own fees on the business, you are to pay over to the town 

treasurer of B , to be disposed of as the law directs ; 

and you are also directed to deliver the said Treasurer a 
c.O[)y of the information of the said A. B. as it is recited 
herein, together with a Certificate of the date of this 
})rocess : And of this Precept, with your doings hereon, 
you are to make return into the Otiice of the Town Clerk 

of B , in fourteen (Xays from this time ; Given under 

my hand and sea] this day of Anno Domini 

And when the Precept is directed to a particular person Persous to 
by name, because the Constable himself is the impounder cepHs dfrecied, 
or interested, such person shall be sworn faithfully and '° Resworn. 
impartially to execute it, according to the tenor thereof. 

Be it further Enacted^ that any town may at the Towns may. at 
annual meeting in March or Ajjril, by a vote thereof give meeungB^give 
lil)erty for Swine to go at large during the whole or part to^ go at^'iarg'^!"^ 
of the year, in such town or in such parts thereof as the 
Town shall determine most for the benefit of the inhabi- 
tants ; in which case it shall be lawfull for any person 
residing therein to suffer his Swine to go at large accord- 
ingly, without incurring the forfeiture aforesaid, any thing 
in this act contained to the contrary notwithstanding. 
Provided such Swine shall l)e suflSciently yoked from the Proviso. 
fifteenth day of April, to the first day of November, and 
constantly ringed in the nose all the time they shall be 
permitted to go at large. 

And that it may l)e known what a sufficient yoking doth 
mean, 

Be it further enacted, that a yoke which is the full depth ^emefa "uffi- 
of the Swine's neck, above the neck, and half so much cient yoking. 
below the neck and the soal or bottom of the yoke full 
three times as long as the lireadth or thickness of the 
Swine's neck upon which it shall be placed, shall be 
deemed a sufficient yoking within the meaning of this act. 

February 13, 17S9.* 

1788. — Chapter 57. 

[Printed with Perpetual Laws.] 
AN ACT FOR ESTABLISHING A SALARY OF A FIXED & PER- 
MANENT VALUE FOR THE GOVERNOR, & REPEALING A 
LAW HERETOFORE MADE FOR THAT PURPOSE. 

Whereas the Constitution of this CommomveaJth pro- Preamble. 
vides that the Governor thereof shall have an honorable 

* Approved February 16, 1789. 



92 



Acts, 1788. — Chapter 58. 



Annual salary 
for the 
Governor, 
established. 



No fee or per- 
quisite shall be 
allowed. 



Former law 
repealed. 



stated Salary of a fixed dc perinanent value established by 
standing laws, that he may not be binder the undue influ- 
ence of any of the Members of the General Court, by a de- 
j)endence on them for his support, that he may in all cases 
act IV ith freedom for the benefit of the Public, that he may 
not have his attention necessarily diverted from that sub- 
ject to his private concerns, & that he may maintain the 
dignity of the Commonwealth in the Character of its chief 
Magistrate; And ivhereas the annual Salary o/" Eight hun- 
dred pounds will be amply sufficient for all the purposes 
aforesaid: Therefore 

Be it enacted by the Senate & House of Representa- 
tives in General Court assembled t% by the authority of 
the same, that from & after the hist AVednesday of May 
next, the sum of Eight hundred pounds in Specie be & 
hereby is established as the annual Sahiry of the Gov- 
ernor, for the time being, & a proportionable sum for a 
less time, in full for his services as Governor, to be paid 
out of the Pulilic Treasury. 

And be it further enacted, that the Governor shall not 
be intitlcd to any reward, fee or perquisite in addition to 
the Salary established by this Act. 

And be it further enacted, that the aforesaid Act for 
establishing a Salary of a fixed & permanent value for 
His Excellency the Governor, passed the eighth day of 
February, one thousand seven hundred & eighty one, 
shall from & after the last Wednesday in May next be- 
come null & void. February 13, 1789. 



One act re- 
pealed and a 
former one 
revived. 



1788. — Chapter 58. 

[December Session, ch. 16.] 

AN ACT IN ADDITION TO, & IN EXPLANATION OF AN ACT 
PASSED THE TWENTY THIRD DAY OF JUNE, IN TEIE YEAR 
OF OUR LORD ONE THOUSAND SEVEN HUNDRED & EIGHTY 
THREE, ENTITLED, "AN ACT FOR THE PRESERVATION OF 
THE FISH CALLED ALEWIVES IN IVE WE WANTET- RIVER IN 
THE COUNTY OF PLYMOUTH, AND FOR REPEALING AN 
ACT IN ADDITION TO SAID ACT, WHICH PASSED THE TWENTY 
NINTH DAY OF MARCH, IN THE YEAR OF OUR LORD, ONE 
THOUSAND SEVEN HUNDRED & EIGHTY EIGHT. 

Be it enacted by the Senate and House of Bepresenta- 
tives in General Court assembled and by the authority of 
the same, that the last mentioned act, he, and it is hereby 
repealed, and that the first mentioned act be revived, & it 
is hereby declared to be in force. 



Acts, 1788. — Chapti^r 58. 93 

And Whe7'eas in the said first mentioned act, the ioimi Preamble. 
of Plymouth is erroneously inserted instead of the town 
of Plympton ichich last mentioned toiim was intended; 
and doubts have arisen resj^ecthig the construction of the 
same act : 

Be it further enacted, that the same revived act shall ho^'Ion-^'^'' 
be constraed & understood in manner as herein is ex- structed. 
plained, & that such is the true intent and meaning 
thereof. 

And Whereas it is necessary in order to carry into op- 
eration, the aforesaid revived act, to extend the provisions 
therein made, to all the streams & branches communicating 
with the said Wewewantet River : 

Be it further enacted, that in all cases where it is pro- 
vided in the said revived act, that any fine or penalty 
shall be annexed to the lireach thereof, for stopping & ob- 
structing the passage of the fish aforesaid, the same shall 
extend, & be construed to extend to all the branches & 
streams communicating with the said river, and it is 
hereby declared that such was the true intent of the said 
revived act. 

Provided nevertheless, that the owner of any mill or Proviso, ic- 
mills, forge, furnace, or other waterworks on said River ^^ys!"^ * "'''^ 
or any branches or dependencies thereof, shall not be 
compclhiblc to keep open a sluice way, for the passage of 
said fish, wider than the natural stream at the place where 
said mill or mills, forge, furnace, or other water works, 
shall or may be erected, any thing in said act to the con- 
trary notwithstanding. 

And it is further enacled, biithe authority aforesaid, that committees 
tlie committees chosen by the towns of Rochester, Plymp- to open sutu- 
ion & Wareham, respectively, or a major part of such '^'*^" ^*^*' 
committee chosen in manner as by the said revived act is 
directed, shall l)e & they are liere])y empowered annu- 
ally some time in the month oi August, to open suflicient 
ways for the young fish to pass down the said streams, 
which ways shall be kept open three weeks, & in case 
an}^ owner or owners of any dam or dams, or any other 
person or })ersons shall stop or cause to be stopped or 
obstructed such Avay, during the time the same shall be 
directed to be kept open as aforesaid, he or they so 
offending, for every such offence, shall forfeit & pay the 
sum of Thirty Pounds. 



94 



Acts, 1788. — Chaptees 59, 60. 



And be it further Enacted by the authority aforesaid, 
how recovered. ^^^^^ ''^^^ ^WGS & forfeitures accTuing by force of this act, 
shall l)e recovered & appropriated in manner, as l)y the 
aforesaid revived act is provided. February 13, 1789.* 



Surveyors 
empowered. 



1788. — Chapter 59. 

[December Session, ch. 15.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, " AN ACT FOR 
ERECTING THAT PART OF THE TOWN OF FALMOUTH IN 
THE COUNTY OF CUMBERLAND, COMMONLY CALLED THE 
NECK, INTO A TOWN BY THE NAME OF PORTLAND." 

Whereas in & hy the aforesaid Act, the inhabitants of 
the town of Portland are obliged, from time to time, to 
amend & repair Pride's bridge over Presumscutt River, & 
the Great bridge over Fore River, so called, although the 
same be not within the limits of Portland aforesaid, but 
the Surveyors of Highways chosen by said toion of Port- 
land are not, by said act, expressly authorized to remove 
incumbrances from, the bridges aforesaid, & doubts have 
ar'isen whether such Surveyors are so authorized ; 

Therefore, Be it enacted by the Senate & House of Repre- 
sentatives, in General Court Assembled, & by the autliority 
of the same, that such persons as shall be chosen &, quali- 
fied Surveyors of highways, within the town of Portland 
aforesaid, according to an act, entitled, " An Act making 
provision for the repair & amendment of highways," shall 
have power & authority to cut down, lop off & remove all 
incumbrances, matters or things, that shall any way 
straighten, hurt, hinder, or incommode the bridges afore- 
said, or the passing over the same, in as full & ample a 
manner as tho' the same bridges were within the limits of 
Portland aforesaid, any law to the contrary notwith- 
standing. February 13, 1789.* 



Preamble. 



1788. — Chapter 60. 

[Printed with Perpetual Laws.] 

AN ACT FOR THE INCORPORATING OF CERTAIN PERSONS, FOR 
THE PURPOSE OF MAKING, LAYING, & MAINTAINING A 
BOOM ACROSS ANDROSCOGGIN RIVER, IN THE COUNTY OF 
LINCOLN. 

Whereas it appears that the laying a boom across the 
River Androscoggin, in the County of Lincoln, from 

* Approved February 14, 1789. 



Acts, 1788. — Chapter 60. . 95 

Topsham side of said River at Ferry point, so called to 
a roch called Mason's rock about foiir rods from Brunswic 
shore, for tJie purpose of stopping & securing logs & other 
lumber, which is drifted down said river, ivoidd be of 
great public, as ivell as private advantage. 

Be it therefore enacted by the Senate & House of Repre- 
sentatives in General Court assembled & by the atdhority 
of the same, that Samuel Thompson esquire, Ezekiel 
Thompson, Benjamin Thompson, Stephen Purrington, 
Thomas Thompson, James Purrington, James Wilson, 
Humphry Thompson, and Jaines 27/ o^^/jwn, together with 
such others as may hereafter become proprietors in said Proprietors 

•^ • ' 1 ' c incorporated. 

Iioom, be & hereby are constituted a corporation, tor 
making, hiying, & maintaining a l)oom across the said 
river as aforesaid, so long as they shall continue proprie- 
tors of the fund to be raised for that purpose, together 
with all those who are or shall become proprietors of said 
fund, shall l)e a body politic under the name of " The 
proprietors of the Androscoggin boom,' and by that name 
to sue & prosecute, & be sued & prosecuted to final judg- 
ment & execution, & to do & sulier all other matters & 
things which bodies politic, may or ought to do and J^d au^h^ruV. 
sufter ; & that said Corporation shall & may have full 
power & authority, to make, have & use a common seal, 
and the same to break alter & renew at pleasure. 

And be it further Enacted by the authority aforesaid^ 
that the said Samuel Thompson, Ezekiel Thompson, Ben- 
jamin Thompson, Stephen Purrington, Thomas Thomp- 
son, James Purriugton , James Wilson, Humphry Thomp- 
son, & James TJiomj^son, or any five of them, may by 
an advertisement posted up at some public place, in all 

the towns in which said proprietors live, call a meeting of Proprietors 
Till -ii-f) ™*y ^ 

said proprietors, to be holden at some suitable time & meeting. 

place, not less than fifteen days, after the posting up said 
advertisement, & said proprietors by a vote of the major 
part of the proprietors present or represented at said 
meeting, shall choose a Clerk, who shall be duly sworn to Proprietors 
the faithfull discharge of his ofiice, and shall also agree cierktmake" 
upon a method for calling future meetings of said proprie- bylaws, &c. 
tors ; and at the same or any subsequent meetings, may 
make & establish any rules & regulations, that shall be 
necessary or convenient for regulating the said Corpora- 
tion, for eftecting, com pleating & executing the purpose 
aforesaid, or for collecting the fees hereafter granted ; & 



96 



Acts, 1788. — Chapter 60. 



Fees for stop- 
piug lumber. 



Proviso. 



Corporation 
empowered to 
reliiiu lumber 
stopped, until 
payment of the 
fees. 



the same rules & regulations may cause to be kept & ex- 
ecuted, or for breaches thereof may order & enjoin, fines 
or })enalties not exceeding Four Pounds. 

Provided that the said rules & regulations are not 
repugnant to the Laws or Constitution of this Common- 
wealth ; and the said proprietors may also choose & ap- 
point, any other officer or Officers, in the said Corporation 
which they may judge necessary ; & all representations 
made at such meetings, shall l)e made in writing, & signed 
by the person, making the same, which shall l)e filed with 
or recorded by the Clerk, & this act with all rules, regu- 
lations & votes of the said Corporation, shall be fairly & 
truly recorded by the said Clerk, in a book, or books, for 
that purpose to be provided and kept. 

And he it further Enacted by the authority aforesaid, 
that the said Corporation shall be entitled to & receive of 
the respective owner, or owners of logs & other lumber 
by them stopped in said river, rafted & properly secured 
for the owner (except boards or other lumber cut at the 
mills on the river above the said boom) the following re- 
spective fees, vi^. For each mast ybwrs/nY/mr/s. For each 
log or logs, sufficient to make a thousand feet of ])oards, 
two shillings. For each hoowi four shillinr/s. For each 
bowsprit four shillings. For each ton of oak thnber 
two shillings. For each ton of pine timber one shilling 
& six pence. For each hundred of ranging timber one 
shilling. For each thousand oi shingles eight pence. For 
each thousand of staves one shilling. For each thousand 
of clapboards one shilling. And for any other kind of 
lumber, in the same proportion according to the quan- 
tity. Provided hoioever that the fees aforesaid shall at 
all times hereafter be su1)ject to the revision & alteration 
of the Leo:islature. 

And be it further Enacted by the autJtority aforesaid ^ 
that for the securing & recovering the payment of the 
said respective fees, it shall be lawfull for the said Cor- 
poration by their several Agents & Servants to be ap- 
pointed as aforesaid, to hold & retain any logs or other 
luml)er by them stopped in said river rafted & properly 
secured for the owner as aforesaid, until payment, or ten- 
der of the said- respective fees, Avhich shall have thereby 
become due to the said Corporation. And it shall be the 
duty of the said Corporation, their Agents and servants as 
aforesaid on payment or tender of the said respective fees 
as aforesaid, to restore and acquit to the owner or owners 



Acts, 1788. — Chapter 60. 97 

claiming the same, & producing if required, reasonable 
proof, of his, her, or their, property therein, of all such 
logs & other lumber which shall be at any time stopped 
and secured as aforesaid, and on failure thereof the said 
Corporation shall forfeit and pay to such owner or own- 
ers double the value of such logs, or other lumber so un- 
lawfully detained and converted as aforesaid to be in liew 
thereof, and to be recovered l)y the said owner or owners 
by action, to be bro't and pursued before any Justice of 
the Peace, or other Court within the said County having 
jurisdiction of such suit. 

And be it further Enacted by the authority aforesaid 
that if within six months from the time of securing such ^^ "ear^itMn 
loo's, or other lumber, no owner or owners shall apiiear six months, 

, ^ , . 1 • j-U ' V C -1 V duty of corpora. 

to clami and receive the same, paymg tees as aioresaid, it uoninsuch 
shall be the duty of the said Corporation, their Agents and '^^^^^' 
servants as aforesaid, to publish and advertise for the 
space of seven days at the least, at the towns lying on the 
said river, all such remaining logs and other lumber, de- 
scribing the same as nearly as may be, with any marks 
appearing thereon. And if after the expiration of four- 
teen days from the time of posting such advertisements, 
no owner or owners shall appear as aforesaid, all such 
logs or other lumber shall be sold and disposed of at pub- 
lic vendue for the most that can be obtained, & the pro- 
ceeds of such sale shall be retained & held by the said 
Corporation for the space of one year thereafter ; and 
any person or persons proving within that time their 
right in the said logs or other lumber which have been so 
sold as aforesaid shall be entitled to the overplus of such 
proceeds, after deducting the respective fees due for sav- 
ing the same together with all charges incurred by such 
advertisements and sale. And if no owner or owners 
shall appear within that time the said overplus shall be 
paid one half into the Treasury of the County of Cumber- 
land, and the other half into the Treasury of the County 
of Lincoln. Provided nevertheless;, that the said Corpora- Proviso, 
tion shall lodge with one of the Town clerks of the said 
towns of Topsham & Brunswic, within ten days after such 
sale, a memorandum in writing of the said logs, or other 
lumber describing the same as near as may be, and an 
account of the proceeds of the sale thereof signed by the 
Clerk, or one of the Agents or Officers of the said Cor- 
poration for the time being. February 14, 1789.* 

* Approved February 14, 1789. 



98 



Acts, 1788. — Chapter 61. 



Overseers of the 
poor or select- 
men, to provide 
for the support 
of poor persons, 
unless they have 
relations within 
the degrees 
mentioned. 



Court of Com- 
mon pleas may 
assess the rela- 
tions of a poor 
person, for his 
support. 



Proviso. 



Poor persons, 
who are not 
inhabitants of 
any particular 
town, how re- 
lieved. 



1788. — Chapter 61. 

[Printed with Perpetual Laws.] 
AN ACT PROVIDING FOR THE SUPPORT OF THE POOR. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and hy the Authority of 
the same. That when any person shall be poor and unal^le 
to support himself, it shall be the duty of the Overseers 
of the Poor, where such officers are chosen, otherwise it 
shall be the duty of the Selectmen, to take care of, and 
comfortably provide for his support, and maintainance, at 
the charge, and expence of the Town, or District whereof 
he is an inhabitant, unless he has one or more relations 
within the Commonwealth, in the line, or degree of 
Father, or Grandfather, Mother, or Grandmother, Chil- 
dren, or Grandchildren, who in the opinion of the Court 
of Common Pleas of the County where he belongs, are of 
sufficient ability to support him ; in which case, such rela- 
tion, or relations shall relieve, and support him in such 
manner as the said Justices shall order, and assess ; and 
when a poor person unable to support himself, shall have 
several relations within the Commonwealth, in the Degree 
aforesaid of ability to contribute to his support, the Jus- 
tices of the said Court of Common Pleas, may from time 
to time, apportion his support among them, or any of 
them, in such proportion as under all circumstances shall 
appear just, and equitable. 

And be it further Enacted by the Authority aforesaid. 
That the said Court of Common Pleas may assess the 
Kelations of a poor Person within the Degrees aforesaid 
for any cost, and charge incurred for his necessary sup- 
port, before he shall be so burthensome as to be cast upon 
the Town, and also for charges incurred for his maintain- 
ance before application is made to the Court of Common 
Pleas : Provided that no assessment be made in favour of 
any particular relation, or Town for any support afforded 
for more than one Year preceding such application to the 
Court of Common Pleas. 

And be it farther Enacted by the Authority aforesaid, 
that when any Person, who is not an Inhal)itant of any 
Town or District in this Commonwealth, shall stand in 
need of support & Maintainance, and have no relations 
within the degrees aforesaid, residing within the Common- 



Acts, 1788. — Chapter 61. ^9 

wealth, of Ability to support such Poor Person, he or she 
shall be relieved by the Overseers of the Poor or Select- 
men of the Town or District where he or she is situated, 
at the expence of this Commonwealth ; and any Town or 
District who shall incur expence for the necessary support 
of such Poor Person, shall be reiml)ursed the same from 
the Treasury of this Commonwealth, by a warrant from 
the Governour with advice of Council, a particular ac- 
count of the Expence being exhibited, and after the same 
has been examined, and (so much thereof as shall be just 
& equitable) allowed by the General Court, or such Per- 
sons as they from time to time shall appoint for that 
purpose. 

Provided always that the Allowance of any Sum for proviso, 
the support of a Poor Person as aforesaid, shall in no 
manner operate as a determination that such Person is 
not an Inhabitant of some Town or District in this Com- 
monwealth. 

And be it further Enacted by the Authority aforesaid, 
that the Overseers of the Poor in any Town or District, ^J^j^'g" °^ 
where such Officers are chosen, otherwise the Selectmen authorized to 
or the Major part of them, are hereby fully Authorized wnd out such 
& Impowered by and with the Assent of two Justices of parem^ar"^ u°n-^ 
the Peace, to set to work, or l)ind out Apprentice, all "^g^'° maintain 
such Children, whose Parents shall in their Opinion be 
unable to maintain them, (whether they receive Alms, or 
are chargeable to the Town or District or not) in case 
they arc not Assessed to the Government, Town, or Dis- 
trict, for Kates, Male Children until they arrive to the age 
of twenty one years, and Females to the age of Eighteen, 
unless such females are sooner married, which binding 
shall lie as good and effectual in Law to every intent & 
purpose, as if such Child being of full Age, had by Deed 
of Indenture or Covenant bound himself: Provision to 
be made in the Indenture for instructing the Males to 
read, write & cypher, and Females to read &, write, as 
they respective!}^ may be capable ; And it shall lie the 
duty of the Overseers or Selectmen, to make enquiry into 
the treatment of Children, bound out by themselves, or 
their Predecessors in Office, And if they find them at any 
time injured, to seek a redress thereof; and the said Over- Authorized to 
seers or Selectmen, or the Major part of them, are herel)y wnd^'out^aii ""^ 
further Authorized & Impowered by and with the Assent (m^„^ed*orun- 
of two Justices of the Peace, to set to work, or bind out married) who 



100 



Acts, 1788. — Chapter 61. 



have no visible 
means of sup- 
port. 



Penalty for 
receiving or 
entertaining any 
person for more 
than 90 days 
without giving 
information. 



Clause to pre- 
vent the impor- 
tation of poor, 
vicious, or in- 
firm persons. 



to service for the space of One whole Year, at a time (by 
Indenture, or by any other form of Covenant) all such 
Persons, married or unmarried, upwards of Twenty Years 
of Age ; able of Body, who have no visible means of Sup- 
port & live idly, & neither use or exercise any lawful 
trade, or ordinary calling for a subsistence ; and the pro- 
ceeds of the Labour & Service of every Person who by 
virtue of this Act, shall be bound out to service, (over 
and above the necessary costs in and about the same) 
shall be taken by the Overseers or Selectmen respectively, 
who shall bind out such person, to be improved by them, 
for the support of the Family of such Person, if any he 
hath, but in case he hath no family to provide for, then 
to be laid out at the discretion of the said Overseers or 
Selectmen, for the use and benefit of such Person bound 
out as aforesaid. 

A7id be it further Enacted^ by the Authority aforesaid, 
that if any Inhabitant of, or resident in any Town or Dis- 
trict shall receive, admit, or entertain any Person not 
lieing an Inhabitant of the same Town or District, either 
as an Inmate, Boarder, or Tenant, or by any other Qualifi- 
cation, for more than ninety days, and shall not in Writing 
give information thereof, to one or more of the Selectmen, 
or Town or District Clerk, of the Name of the Person 
thus entertained, with the time he first received him, the 
place from whence he came, together with such other Cir- 
cumstances respecting such Person as have come to his 
knowledge, he shall forfeit & pay the sum oi five pounds, 
one moiety for him that will sue and prosecute therefor, 
and the other Moiely for the use of the Town or District 
where the Offence shall be committed : Provided the Pros- 
ecution is commenced within One Year after the said for- 
feiture shall be incurred. 

And to prevent the importation of Poor, vicious and 
infirm Persons who may prove chargeable to the Com- 
monwealth, or some particular Town or District therein ; 

Be it further Enacted by the Autliority aforesaid, that 
when any Master of a Ship or other Vessell shall arrive 
within this Commonwealth, with any Passengers from any 
Dominion or Country without the United States of Amer- 
ica, he shall before entry of his Vessell make return to 
the Office where he shall enter, of the Names of all Pas- 
sengers on board the same Vessell, their Nation, Age, 
Character & Condition, so far as hath come to his knowl- 



Acts, 1788. — Chapter 61. 101 

edge, and that if any Person entering such Ship or Ves- 
sel!, shall neglect to make such Return, or wittingly & 
willingly make a false Return therein, such Person so 
offending shall forfeit his share & part, and all Interest 
which he shall have in such Vessel 1 & the Cargo therein, 
and shall further be liable to the forfeiture of the sum of 
Jifff/ Pounds, which forfeitures shall be recovered by 
Libel, Indictment or Action, according to the Nature of 
the forfeiture, before any Court })roper to try the same, 
One moiety thereof to the use of the Commonwealth, and 
the residue to him or them who shall inform or sue for 
the same. 

And be it furtJter Enacted by the Axdliority aforesaid, 
that if any Master of a Ship or other Vessell shall bring Penalty for 
into & land within this Commonwealth, from any State thiacommon- 
or Country, any Person who has been convicted of any who hav^e*'be°en^' 
Crime, or who is notoriousl}^ of a dissolute, infamous & crimes'.^'* °* 
abandoned Life & Character, knowing him or her to be 
such, the Vessell in which such Person is imported, shall, 
together with the Cargo therein, be forfeited, and the 
Master, or any other Person entering such Vessell shall 
for every Person so brought in or landed contrary to this 
Act, forfeit the sum oi fifty Pounds; the fines and for- 
feitures to be recovered in the same manner, and to the 
same uses as is provided for making a false return of 
Passengers. 

And Whereas disputes may arise resjDecting the Place 
of habitancy or ler/al settlement of a Poor Person : 

Be it further Enacted by the Axdhority aforesaid, that Mode of settling 
it shall be lawful for any Town, District or Person, who ing the place of 
has been at Expence for the su])port of a Pauper, not an poor'persons. 
Inhabitant of the same Town or District to file a Memo- 
rial in writing, in the Clerk's Office of the Court of Com- 
mon Pleas, in the County, where the Pauper is said to 
belong, stating the facts and requesting a determination 
of the habitancy, and a reimbursement of the Expence 
incurred, and an Order for a removal & shall thereupon 
cause the Town or District, where the Pauper in the 
Memorial is said to belong, to l)e Notified thereof thirty 
days at least l)efore the sitting of the said Court, by leav- 
ing with some one or more of their Selectmen, or with 
their Town or District Clerk, an Attested Copy of the 
said Memorial from the Clerk of the said Court: And court of com- 

, , . i"on Pleas may 

tiic said Court of Common Pleas shall hear & detormnie <i'teimiiiL- thu 



102 



Acts, 1788. — Chapter 61. 



matter of habi- 
tancy. 

Proviso, — with 
respect to the 
counties of Nan- 
tucket & Dukes- 
County. 



Penalty for 
bringing pau- 
pers or indigent 
persons into any 
town or district 
in this Common- 
wealth. 



the matter, with or without the intervention of a Jury, 
as the answer in writing to the Memorial may require. 

Provided always, it shall be lawful for any Town, Dis- 
trict or Person who has been at expence for the support 
of a Pauper said to be an Inhabitant of either of the 
Towns in the County of JVantucket or Dukes County, to 
file a memorial in manner already Provided, in the Clerk's 
Office of the Court of Common Pleas in the County of 
Barnstable or Bristol; and the said Court of Common 
Pleas shall hear & determine the matter in the same man- 
ner as if the Pauper was said to l^elong to any Town within 
either of the saicl Counties of Barnstable or Bristol. And 
in case a Town or District, when the Selectmen or Town, 
or District Clerk have been Seasonably Notified as afore- 
said, shall refuse or neglect to appear & make Answer in 
writing to the memorial by their Selectmen, or an Agent 
duly chosen therefor, the Court may proceed to hear the 
Evidence & determine the question of Habitancy, in 
their Absence ; And in Case the Court determine the Ques- 
tion of Habitancy in favour of the Memorialist or Memo- 
rialists, they may proceed to examine & determine the 
quantum of Expence incurred for the Pauper, and order 
& decree a reimbursement, and issue Execution therefor, 
with the necessary Costs attending the decision, and may 
also order the Pauper to be removed to the Town or Dis- 
trict where he belongs, in case it be requested in the 
memorial ; But in case the determination, be in favour of 
the respondents, they shall recover their reasonable Costs ; 
And the Inhabitants of any Town or District, merely as 
such, shall not be excluded from being Witnesses upon 
any Prosecution on this Statute, on a supposition of being 
interested as Members of the Corporation. And whereas 
Indigent Persons are frequently brought into this Com- 
monwealth, under various pretences, who are not Inhab- 
itants of any Town or District within the same ; 

Be it further Enacted by the Authority aforesaid, that 
any Person, who shall bring into this Commonwealth, any 
Pauper or Indigent Person, & leave him or her in any 
Town or District, within the same, of which Town or Dis- 
trict, he or she is not an Inhabitant, he shall forfeit & pay 
for every Person so brought in & left, the sum of Twenty 
Pounds, to be recovered in any Court proper to try the 
same, for the use of such Town or District. 

February 14, 1789 * 



* Approved February 16, 1789. 



Acts, 1788. — Chapter 62. 103 



1788. — Chapter G2. 

[December Session, ch. IS.] 

AN ACT FOR INCORPORATING THE NORTH EASTERLY PART 
OF THE TOWN OF NORTH YARMOUTH, TOGETHER WITH A 
TRACT OF LAND, CALLED PROUT'S GORE, IN THE COUNTY 
OF CUMBERLAND, INTO A SEPERATE TOWN, BY THE NAME 
OF FREE PORT. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court Assembled, and by the Authority 
of the same, that the Lands hereafter described, to wit, Bouudanes. 
beginning at the rear or back line of said Town of JSTorth 
Yarmouth, which divides said Nortli Yarmouth from the 
Town of New Gloucester, where the line between the Two 
hundred & Eighty Acre Division, and the Four hundred 
tC ffly Acre Division intersects or strikes the said l)ack 
line, thence running on said line between the two hundi'ed 
(& eighty acre division and the Eour hundred S fifty 
Acre division in said North Yarmouth, untill it meets 
with the line called the Old Tovni line, thence running 
Westerly on said Old Town line, till it meets or strikes 
the line dividing the hundred & twenty acre division from 
the Hundred Acre division, on the East side of Boyals 
River (so called) in said Town, thence running on the 
last mentioned dividing line, and continuing that course 
till it strikes the Chanel of the Eastern Branch of Cozens 
River, thence running down the channel of said Eastern 
Branch of Cozens River, till it comes as near as may be, 
to a certain point of Land, called Lane's Point, thence 
running an East-southeast coarse into the Bay or Sea ; 
and that all the Islands which may be intersected by the 
East southeast Line aforesaid, shall belong to the Town 
oi North Yarmouth, and that all the Lands & Islands on 
the Northeasterly side of the above described Line, which 
before the passing of this Act belonged to the Town of 
North Yarmouth, together with a Tract of Land known 
by the name of Proufs Gore, lying between said North 
Yarmouth & Brunsivich, with all the Inhaliitants dwelling 
or residing on the Land above described, be, and they are 
hereby Incorporated into a Town ])y the name of Free- Freepon incor- 
j)ort; and the said Town is hereby invested with all the ^'^^^'^^ 
powers, priviledges & Immunities to which Towns within 
this Commonwealth, are or may be intitled agreeably to 
the Constitution and Laws of this Conmionwcalth. 



104 



Acts, 1788. — Chapter 62. 



To pay all 
arrears of taxes, 



To support 
their own poor. 



Future taxes, 
how assessed. 



Clause respect- 
ing unimproved 
lands. 



Samuel Merrill, 
Esquire, to call 
a meeting. 



And be it fiirtJier Enacted by the Authority aforesaid, 
that the said Town of Freeport shall pay all the Arrears 
of Taxes whieli have been Assessed upon them, together 
with their })ro})()rtion of all Debts that are now due from 
the said Town of JYorth Yarmouth, eontraetcd for carry- 
ing on the War, or for any other purpose ; And that all 
questions relating to })roperty already existing, shall be 
adjusted and settled in the same manner as if this Act had 
not l)een made ; And that the Town Stock of Military 
Stores, shall be estimated & divided in the same propor- 
tion that each ToAvn paid at the time of the purchase 
thereof; And that no pauper or paupers shall be sent 
from either of the aforesaid Towns to the other to be 
l)ublickly supported after this Incorporation, but each 
Town shall su})port their own Poor ; and if any Person or 
Persons heretofore belonging to the Town of JSforth Yar- 
mouth aforesaid, and having removed from thence, shall 
be returned thither again and become a Publick Charge, 
the same shall he paid by the Two Towns aforesaid in 
proportion to the Tax laid on them severally, from Time 
to Time. 

And be it farther Enacted by the AutJiority aforesaid, 
that all future Taxes levied on the two Towns aforesaid, 
previous to a new valuation, shall be Assessed Three fifths 
o\\ North YarmoutJi, and Two fifths on the Town oi Free- 
port, untill the further Order of the General Court. 

And WJiereas under the jJ^'^sent mode of Taxation, un- 
imjjroved Lands are subject to Taxation, Therefore, Be 
it further Enacted, that any Inhabitant or Inhabitants 
living in either of the Towns aforesaid, & owning unim- 
proved Lands in the other Town, upon his giving in his 
Name, the Number of his Lot, or Lots, with the number 
of Acres contained therein, to the Clerk of the Town, 
where the said Lands doth lay, shall l)e Taxed for the 
same and be considered in Law as a resident Proprietor 
in that Town in every respect relative to such Tax or 
Taxes. 

And be it further Enacted by the Aidhority aforesaid^ 
that Samuel Merrill Esquire, be, and he is hereby di- 
rected to issue his AVarrant to some principal Inhabitant 
of Freeport, requiring him to Notify and warn the Inhab- 
itants of said Town of Freeport, Qualified l)y Law to 
Vote in Town Atlairs, to meet at such Time & Place as 
therein shall be set forth, to choose all such Officers as 



Acts, 1788. — Chapter 63. 105 

any of the Towns within this Commonwealth by Law 
have a riiiht to Elect, in the Month of March or April 
annually, and the Officers so chosen shall take the Oath 
l)y Law required to be taken. February 14, 1789.* 



1788. — Chapter 63. 

[December Session, eh. 19.] 

AN ACT FOR NATURALIZING JAMES J1VYMAN, AND OTHERS 
THEREIN NAMED. 

Whereas flames Huyman late of Rotterdam noiu resid- Preamble. 
ing in Boston ; James Henry Laugier de Tassy, late of the 
seven United Provinces, noiu residing in Boston, Samuel 
Weston late of the Island of ]Madeira, noiu residing in. 
Boston; John Hicks and Fanny Hicks his Daughter, note 
residing in Boston, Frederick William Geyer, noiv resid- 
ing in Boston, Charles Vaughan now residing in Hallo- 
well in tlie County of Lincoln, William Davis late of 
Great Britain, now residing in Windsor in the County 
of Berkshire, .Tames Sco1)ie, late of Scotland, now resid- 
ing in Marblehead in the County 0/ Essex, Daniel Wright 
& Katy his Wife, late of Great Brittain, now residing in 
Salem in the County of Essex ; and Nathaniel Chandler 
residing in Petersham, have petitioned the General Court 
that they may be naturalized, and be thereby entitled to all 
the Rights and Priviledges of free Citizens of this Com- 
monwealth. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same, that the aforenamed James Huyman, e/awies James Huyman 
Henry Laugier de Tassy, Samuel Weston, John Hicks naturalized. 
and Fanny Hicks his Daughter, Frederick William 
Geyer, Charles Vaughan, William Davis, James Scobie, 
Daniel Wright, & Katy his Wife, and Nathaniel Chand- 
ler (they the said James Huyman, James Henry Laugier 
de Tassy, Samuel Weston, John Hicks, Frederick William 
Geyer, Charles Vaughan, William Davis, James Scorbie, 
Daniel Wright, and Nathaniel Chandler first severally 
paying to the Secretary such Fees, as may be ])y Law re- 
quired of them, and taking and sulwcribing 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 

* Approved February 14, 1789. 



106 



Acts, 1788. — Chapter 64. 



Certlflcatee of 
oaths to be 
returned. 



entitled to all the Liberties, Priviledges and Immunities 
of natural born subjects. 

And be it further enacted by the Authority aforesaid, 
that the Justices before whom the persons aforenamed 
may respectively take the Oaths aforesaid, shall return a 
Certiticate of the same into the Secretary's Office, to be 
entered on the Records of the Commonwealth. 

February 14, 1789* 



Preamble. 



1788. — Chapter 64. 

[December Session, ch. 20.] 

AN ACT TO IMPOWER THE INHABITANTS OF THE TOWN OF 
PORTLAND BELONGING TO THE SEVERAL RELIGIOUS SO- 
CIETIES WITHIN THE SAME, TO RAISE MONEY FOR DE- 
FREYING MINISTERIAL AND OTHER CHARGES. 

Whereas aj^pUcation hath been made to this Court, to 
enable the inhabitants of Portland belonging to the several 
religious societies witliin the same, to raise money by levy- 
ing taxes on the Pews in their respective Meeting houses 
and on the polls and estates of those who attend 'public wor- 
ship with tliem, to defrey the ministerial, and other inci- 
dental charges, and that the inhabitants of said town, may 
be exempted from paying towards the support of the min- 
istry, other than taxes on Pews at any other place than 
where they attend. 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled and by the au- 
mee'ti rig houses, tJiority of the samc, that the proprietors of the several 
LTsesrfaxes^on meeting Houscs in the town of Portland, be, and they are 
pews. hereby impowered to raise by an assessment or tax on 

the Pews of the respective Meeting houses aforementioned, 
such sums or sums as shall be agreed upon by the Proprie- 
tors, or the major part of such of them as shall be assem- 
bled at any legal meeting called for that purpose, for 
defreying the ministerial and other incidental charges 
which meeting shall be warned agreeably to the provisions 
of an act, intitled, "An Act for the better managing lands, 
wharves & other real estate lying in common." 
cZeThetews ^"^^ ^^ «^ furthcr cuacted, that the jn-oprietors of the 
to be valued. res})ective Meeting houses be, and hereby are impowered 
to cause the Pews in each of the aforesaid Meetins; houses 



* Approved February 16. 1789. 



Acts, 1788. — Chapter 64. 107 

to he valued, according to the conveniency of said Pews 
and situation of the same, from time to time, as shall be 
found necessary, & to determine how much each pew or 
part of a Pew shall pay, towards defreying the charges 
aforesaid, and the time and manner in which the same 
shall 1)6 paid, and if need be, to ajipoint a Collector to 
collect the sum or sums so agreed to ]>e raised ; and if I" '^-''^t °^ 

^ & ' , neglect, or re- 

any Proprietor, or owner of a pew shall neo'Iect or refuse fusai to pay the 

, 1 i 1 i\ 1 • J Bums asBessed, 

to pay the sum or sums assessed thereon, alter having two the pews may 
months notice by the Collector or Proprietors of said ^ '^^°^^ 
JNleeting houses, they shall be and hereby are impow- 
ered by themselves or their Committee to sell and dis- 
pose of the Pew or Pews of such delinquents, for the 
sums due as assessed thereon, according to the valuation 
thereof as aforesaid, and with the monies raised by such 
sale, to i)ay the assessment or tax on said pews remaining 
unpaid, together with the charges arising on the sale ; the 
over[)lus if any there be to be returned to the owner 
thereof. 

Provided nevertheless, that when the owner of any Pew Proviso, 
shall make a tender of the same to the [)ro[)rietors or to 
their Committee at the valuation aforesaid and they shall 
refuse or neglect to take the same, no sum shall be de- 
ducted out of the sale of said Pew or Pews, but such only 
as shall have l)ecome due l)efore the making such tender. 

And he it further enacted, that the inhabitants of each pow^^i!ed°to '™" 
respective Parish in said town, be and hereby are im- assess persons 

i "^ . occupymgpews, 

powered to tax or assess the several persons occupying or parts of 
pews or parts of pews, and all others usually attending iugtotheu- 
the public worship with them, for their polls & estates '*^' "*'^*' 
lying in the town aforesaid, according to their several 
abilities and circumstances, in order to raise monies suffi- 
cient, together with what may be assessed on the Pews, 
to defrey their ministerial and other incidental charges 
and the assessment or tax shall be made and collected by 
such rules as parish taxes are made and collected by ; and 
henceforth, the inhabitants of Portland aforesaid shall be, 
and are hereby intirely exempted, & free from paying- 
taxes either for their })olls or estates lying within the 
bounds of the said Town, other than pew taxes, towards 
defreying the ministerial and other charges of any Place 
or society than where they usually attend, which shall be 
determined by their giving in their names to the Town 
Clerk, in the month of February or March annually. 



108 



Acts, 1788. — Chapter 65. 



Nothing In this 
act shall affect 
certain clauses 
of a former act. 



Provided alivays, that they pay all the taxes already 
legally assessed on them. & jirovided furtJier that where 
any inhabitant of the said town shall neglect or refuse to 
attend })ublic w^orship with any religious society in the 
said town, he shall be considered as belonging to the 
oldest religious Congregational Society in that town, and 
his poll and estate shall be taxable towards maintaining 
religious worship in such society. 

And he it farther enacted that nothing in this act shall 
extend to or be construed to extend to, or in any manner 
affect any of the clauses and provisions which concern or 
relate to the su[)port, maintainance or salary of the Rev- 
erend TJiomas S7nitJi contained in an Act, intitled "an 
Act for incorporating a number of the inhabitants of the 
town of Portland in the County of Cumberland into a 
distinct and seperate religious society " Imt the same 
clauses and provisions shall remain in full force, any thing 
in this act supposed to be to the contrary notwithstanding. 

February 14, 1789* 



Each town to 
keep and main- 
tain a sufScieut 
pound. 



Penalty for 
neglect. 



Field drivers 
shall be annu- 
ally chosen. 



1788. — Chapter 65. 

[Printed with Perpetual Laws.] 

AN ACT DECLARING THE CAUSES FOR WHICH CATTLE MAY BE 
IMPOUNDED, THE MANNER HOW THEY SHALL BE PRO- 
CEEDED WITH IN SUCH CASES, & FOR PREVENTING RESCUE 
AND POUND BREACH. 

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 kept and maintained in each 
town at their proper cost and charge, a sufficient Pound 
or Pounds in such place or places therein as the town 
shall direct, who shall also appoint a suitable i)erson to 
keep each pound, wherein Swine, Sheep, Horses and 
neat Cattle may be restrained and kept for the causes 
herein after mentioned ; and any town that shall neglect 
to provide or maintain such Pound for the space of six 
months, shall forfeit and pay to the use of the County 
ten pounds, to l)e recovered by presentment of the Grand 
Jury. 

And be it further enacted, that there shall l)e chosen at 
the annual meeting for the choice of Town Officers in 
each town, two or more persons for field drivers, who 



* Approved February 14, 1789. 



Acts, 1788. — Chapter 65. 109 

shall be sworn to the faithfull discharge of their trust ; and '^^''^'^ power, 
the field drivers thus chosen & sworn, are herel:)y sever- 
ally authorized & inipowered to take up and impound 
any Swine unyoked or unringed, Horses unfettered, Sheep 
not under the care of a Sheepherd or going at large on the 
Common or highways leading through such Town, between 
the fifteenth day of April and the first day of JVbvember, 
and them in Pound detain, or deal with, as is herein after 
mentioned, untill the owner shall pay for the use of the 
field driver one shilling a head for all such Horses, and 
three pence a head for all Sheep and Swine, besides two 
pence a head for all such Horses, and one penny for all 
Sheep and Swine, to the Pound keeper, who may have 
the care of the particular Pound in which they may be 
restrained. 

And he it further enacted, that any Person injured in Persons injured, 

i...!, . .1 111 • , whose lands are 

his tillage, mowing- or other lands under improvement sufficiently 
that are inclosed with a legal and sufficient fence, whether have^an^main- 
such improved lands be in a common or general field or lre8p''a°s's°&c.°^ 
in a close by itself, l)y Swine, Sheep, Horses or Neat Cat- 
tle, may have and maintain an action of trespass, qnare 
clauswn fregit, against the owner of the Cattle for his 
damages ; or he may impound the creatures doing the 
damage or some of them, at his election with or without 
the aid of a field driver ; and in case he impound the 
creatures, he may restrain them in one of the town 
pounds or in some other place under his immediate care 
& inspection, as may be most convenient for relieving 
them with suitable meat & water, which relief it shall be 
the duty of the jierson impounding to furnish or cause to 
be sufficiently furnished, during their confinement. 

And be it further enacted, that when any of the creat- when creatures 
ures aforesaid shall be impounded, whether it be done the owners shaii 
for being at large out of the owners inclosure, or for doino- ^^"°**'i^<*- 
damage as aforesaid, the person impounding shall inform 
the owner of the creatures impounded, (if known) within 
the space of twenty four hours, by giving him a notifica- 
tion thereof in writing or otherwise & in case the owner 
of the creatures impounded be absent, such written notifi- 
cation shall be left at his house or usual place of abode, 
describing the creatures and specifying the time place 
and cause of iin])oundin"' ; And the person impoundino- Memorandum 

01 tllG C9.U86 or 

shall also leave with the Pound keeper, if they are in the impounding, 
town or District Pound, at the time such creatures are with the pound 

keeper. 



110 Acts, 1788. — Chapter 65. 

committed to his custody, a memorandum in writing 
under his hand, of the cause of impounding, and the sum 
he demands in damages from the owner, before they are 
liberated : And no action shall be maintained against the 
pound keeper for detaining such creatures, untill that sum 
with his lawful! fees shall be paid. 
^e°owne7^ihaii Pt'ovided nevertheless, that if the person whose Creat- 
think the dam- xiYGii arc impounded damage feasant, shall think the dam- 
are unreason- ages mentioned in the memorandum left with the Pound 
keeper are unreasonable, he may have the same ascer- 
tained by two or more disinterested judicious persons, 
being thereto appointed and duly sworn by some justice 
of the Peace for the same County, or by the town Clerk 
where no Justice of the Peace is, which sum thus ascer- 
tained shall be taken instead of the sum first left with the 
^ne°8 neglect Pound kccpcr ; And if the owner, doth not within twenty 
daraa^e^and ^^^^^ liours aftcr uoticc as aforesaid, pay the damages and 
charges, - what cliargcs of impounding or replevy the creatures, the party 
shall be had. trcspasscd upou may apply to a Justice of the Peace or 
the town Clerk, for a Warrant directed to two or more 
disinterested judicious persons, which Warrant the town 
Clerk of the same town or any justice of the Peace in the 
same County may issue, and make returnable into the 
town or District Clerk's office of the same town or dis- 
trict as soon as the business is performed, and may also 
administer an oath unto the persons appointed, faithfully 
and impartially to estimate the damage done the party 
injured, and also to appraize so many of the creatures 
impounded as shall be sufficient to answer the damages 
and all charges ; And the party damnified, after the per- 
sons appointed as aforesaid shall have ascertained the 
damage and valued such of the creatures as shall be neces- 
sary to satisfy the same and charges, and have made 
return of their Warrant into the Clerk's office with their 
doings thereon may retain and keep the creature or creat- 
ures so appraized to his own use, or may sell the same 
at Public vendue to the highest bidder, notice of such sale 
being posted up at some public place within the same 
Town or District twenty four hours before hand, and in 
either case, returning the overplus, if any there ])e, to the 
owner, and shall liberate the remainder of the creatures 
In case the impounded ; but in case the owner of the creatures im- 

owner 01 cre&t- 

uresirapounded, pouudcd be uukuowu, tlic pcrsou impounding shall cause 
they°haiiTe~ the samc to bc publickly cried, or notifications thereof as 



Acts, 1788. — Chapter 65. Ill 

aforesaid, posted up, in some public places in the town or pubUciy cried, 
district and in the two next towns or Districts adjoining, 
in case the distance thereunto from the place where the 
creatures may be taken up, doth not exceed four miles ; 
and if no owner or claimer appear within the space of 
three fiill days next after the impounding and notifying 
as aforesaid, then the person so restraining them may 
proceed with them in all respects as the law provides re- 
specting strays, after having his damages ascertained, in 
case the Cattle be taken damage feasant, in manner as is 
before provided. 

And be it further enacted, that when an action of tres- when actions 
pass shall be brought against the owner of any of the brougX-*'^ 
creatures aforesaid, for damages by them done upon his 5°7t?ce'*or*''^ 
inclosed lands under improvement, or when such creat- court. 
ures taken damage feasant and impounded shall be re- 
plevied, it shall be in the power of the Justice or Court 
before whom the cause shall be determined, to render 
Judgment in favor of the person demanding damages for 
the injury sustained, upon satisfactory evidence being 
produced that such creatures were either clandestinely 
turned in, or broke into the close in a part where the 
fence was good and sufficient according to law, some other 
parts of the fence round the same close being deficient 
notwithstanding. 

And he it further enacted, that if any person shall rescue Penalty for 
any Creatures taken up as aforesaid out of the hands or ureB"out onhe 
care of the field driver, or from the hands of any other fleMdrfverf&c. 
person being about to drive or convey them to Pound, 
whereby the party injured may l)e in danger of loosing 
such his remedy and the law evaded, the person thus 
ofiending, shall for such rescue forfeit and pay the sum 
oi forty shiUings, to be recovered by action of debt, one 
half part to him or them that will sue for the same, and 
the other half part to and for the use of the County within 
which the oflence is committed, and be further liable to 
pay the party injured the full damages he might be intitled 
to recover by impounding such creatures in an action of 
the case. 

And if any person shall make any Pound breach, or by Penalty for 
any indirect way or manner whatever convey or deliver '"^"° 
any of the creatures aforesaid impounded, from the Pound 
or place where they may be restrained, the person thus 
ofiending shall forfeit and pay the sum of fve pounds, to 



112 



Acts, 1788. — Citaptee 66. 



When pound 
breach is 
effected by an 
apprentice or 
minor, — the 
party injured 
may prosecute 
the parent or 
master. 



be recovered by action of del)t, one half to him that will 
sue for the same, and the other half for the use of the 
County within which the offence may be committed, or 
by presentment of the grand jury, in which case the 
whole penalty shall inure to the use of the County ; and 
the Court before whom the conviction shall be, may at the 
time of declaring the sentence, further order in default 
of payment of the said sum of five j^oimds with costs 
of prosecution within fourteen days after sentence, the 
person convicted to l)e publickly whipped not exceeding 
twenty stripes, or to be confined to hard labor for a term 
not exceeding six months ; and the person offending as 
aforesaid, shall be liable to pay the party injured, double 
the damage he may be intitled to recover by the impound- 
ing such creatures, in an action of the case ; and the party 
injured by a Pound breach when it is effected by an 
apprentice or minor, may prosecute for his damages, the 
parent or master under whose care such apprentice or 
minor may then be, or the apprentice or minor at his 
election ; in which action, as well as for damages occa- 
sioned by the rescue of cattle about to be impounded, the 
defendant shall not be permitted to give in evidence, the 
insufficiency of the fence, if any such there be, or that 
the creatures when taken were under such circumstances 
as to render the impounding illegal, to prevent the party 
from recoverino- his full damao:es. 

February 14, 1789 * 



1788. — Chapter 66. 

[Printed with Perpetual Laws.] 
AN ACT FOR LIMITING THE TIME WITHIN WHICH SUITS MAY 
BE PROSECUTED AGAINST EXECUTORS & ADMINISTRATORS, 
& FOR PERPETUATING THE EVIDENCE OF NOTICE GIVEN 
BY THEM & BY GUARDIANS AND OTHERS, RESPECTING THE 
SALE OF REAL ESTATE. 

Whereas executors and administrators frequently suffer 
great loss & trouble, by reason of demands brought against 
them, after they have closed their accounts of administra- 
tion and settlement of the estate they have administered is 
made among the heirs or devisees; for remedy lohereof as 
ivell as for the more speedy settlement of estates; 

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



* Approved February 14, 1789. 



Acts, 1788. — Chaptee 66. 113 

the same, that whenever an executor or administrator when executors 

' , -, , or administra- 

shall l)e appointed to the estate or any person deceased, tors are ap- 
and shall take upon himself that trust, by giving bond noucesh^i^e" 
faithfully to discharge the duties thereof, as the law ^'''®°* 
directs, he shall make known the same, within three 
months or sooner, by causing notifications thereof to be 
posted up in some public places in the town, district or 
plantation where the deceased was resident, and had his 
habitancy at the time of his death ; and shall also give 
such further notice thereof, by causing the same to be 
published in some newspaper, or in such other manner, as 
the Court of Prol)ate (taking into consideration the situa- 
tion of the estate & business of the deceased) shall in 
writino- direct. And if the deceased was neither an in- 
habitant or resident within this Government at the time 
of his death, the executor or administrator shall give such 
notice of his undertaking that trust, as the Court of Pro- 
bate that issue the letters of administration or approved 
the will shall in writing direct. 

An affidavit of the executor or administrator made & ^^^^^'Jf f^^^^ 

. . , be admitted as 

filed in the same probate Court, withm seven months evidence that 
after undertaking that trust accompanied with an origi- given, 
nal notification (or a copy thereof) of his undertaking 
that trust & recorded in the probate office, shall be ad- 
mitted as evidence of the time place and manner notice 
was o;iven. 

And that executors & administrators may have sufficient 
time to obtain a competent hnoioledge of the situation and 
circumstances of the estate of the person deceased, under 
their administration, as to its solvency; 

Be it further enacted that no executor or administrator No executor or 
shall be compelled in any Court of law to defend any suit shaii be heW to 
that shall be commenced or instituted against him, in said fjgututed^ ^"" 
capacity, within the term of twelve months, next after his months^-^un^esB 
taking upon him that trust, unless the same shall be in- &c. 
stituted for the recoveiy of a demand that will not be 
afiected l)y the insolvency of the estate, or the suit shall 
be instituted for the purpose of ascertaining a claim that 
is contested. And all suits brought within one year as suits brought 
aforesaid (except for the purposes aforesaid) shall be con- tlmel'shari be 
tinned at the plaintiff's expence, until that term from the ^?a°Ss ex.**"^ 
time the executor or administrator gave bond in the pro- pe^^ce. 
bate Court for the faithful discharge of his trust shall be 
fully expired ; and in case the executor or administrator 



114 



Acts, 1788. — Chapter 66. 



Claims of 
creditors shall 
be exhibited 
within three 
years. 



No executor or 
administrator 
Bhall be held to 
answer to any 
suit after that 
time. 



Proviso. 



Clause re- 
specting de- 
mands arising 
from covenant, 
contract, or 
agreement, 
which could not 
be claimed until 
after said term 
of 3 years. 



pays the demand, or will bring sufficient money into Court 
for that purpose and there leave the same for the plain- 
tiff's use, or shall make a legal tender thereof to the 
plaintiff" within the year, he shall recover his costs. 

And be it further enacted, that all claims of creditors to 
the estate of any person deceased, upon which an execu- 
tor or administrator has already undertaken the adminis- 
tration, shall be exhibited & demanded of the executor or 
administrator of such estate within three years from the 
passing of this act or within three years after such claim 
may accrue & not afterwards. And no executor or ad- 
ministrator that shall hereafter undertake that trust shall 
be compelled or held to answer to the suit of any creditor 
of his testator or intestate, unless the same suit shall have 
been originally commenced, within the term of three years 
next followino; his ofivino- bond for the faithful discharo;e 
of his trust (except as hereafter excepted) provided such 
executor or administrator shall give public notice of his 
appointment to that office in the manner this Act directs. 
The filing a claim with the commissioners upon an estate 
represented insolvent to be esteemed equivalent to origi- 
nating a suit against executors or administrators within 
the meaning of this Act. 

And be it farther enacted, that when any certain demand 
against the estate of any person deceased, arising from 
covenant contract, or agreement shall commence & be in 
force after the said term of three years & which could 
not by virtue of such covenant contract or agreement 
(although known) be claimed until after the said term, in 
such case the claimant may at any time within the said 
term of three years file such future demand at the office 
of the probate Court, where administration was granted 
or the will was approved & such probate Court shall 
direct the executor or administrator to retain in his hands 
assetts (if sufficient there be) to answer said demand, un- 
less the heirs to such estate or devisees thereof or some 
one or more of them shall o-ive 2:ood and sufficient se- 
curity in the opinion of the Judge of probate for such 
executor or administrator to respond to such demand ; and 
when security is so given, such executor or administrator 
shall not be allowed to retain in his hands assetts for the 
purpose aforesaid ; the estate of the said deceased, shall 
however be liable in the hands of the said heirs or de- 
visees or their heirs or assigns to answer the said demand. 



Acts, 1788. — Chapter 66, ll5 

And be it further enacted^ that where certain demands Remedy may 
against the estate of any person deceased, arise by virtue those who in. 
of any covenant, contract or agreement that could not be ^^'^' '^^ ^itax^- 
claimed until after the said term of three years (such 
covenant contract or agreement not being in full force 
during said term) the claimant in such case, unless he shall 
have filed the same in the probate Court as aforesaid, may 
have his remedy against those who inherit the estate of 
such person or devisees thereof against whom the demand 
lies if such claim be made within one year from the timei 
of its becoming due, & not against the executor or ad- 
ministrator. 

Provided always, that nothing in this act shall operate Proviso, re- 
to bar any action that may be commenced against an ex- ?ecove°r| of^ 
ecutor or administrator with the will annexed for the q|e\*ts?&cf' 
recovery of a legacy, bequest gift or annuity arising ac- 
cruing or becoming due by virtue of any last will and 
testament, but the same may be commenced & prosecuted 
in the same time, way and manner, as they might have ^ 

been, had this statute never been made. 

And whereas executors (& administrators, upon their oh- Preamble. 
taining licence to sell real estate for the payment of debts or 
legacies, are by law directed before sale be made, " to give 
thirty days public notice by posting up notifications of 
such sale, in the town or plantation where the lands lie, as 
well as where the deceased person last dwelt, & in the two 
next adjoining towns, as also in the shire town of the 
County'^ — But no particular method is provided for per- 
petuating the evidence that such notice was given, by reason 
whereof disputes may arise respecting the legality of such 
sales. 

Be it therefore further enacted, that the aflSdavit of the Mode of perpet- 
executor or administrator, or the affidavit of such person that"noth:e was 
or persons as may be by them employed to post up such fhrB"aie o'/real^ 
notifications, taken before the probate Court, where such gcu'ioTB' and*'^' 
executor or administrator derived his authority to admin- administrators. 
ister, within seven months next following the sale of the 
real estate, and there filed and recorded together with 
one of the original advertisements of the time, place & 
estate to be sold or a copy of such advertisement, are 
hereby declared to be, one mode of perpetuating the evi- 
dence that such notice was given, and also to make the 
originals or copies thereof from the register of the pro- 
bate Court admissable evidence in any Court of law — 



116 



Acts, 1788. — Chapter 67. 



Guardians and 
others author- 
ized to perpet- 
uate evidence 
in the same 
manner. 



Executors and 
administrators 
against 'whom 
suits are com- 
menced, shall 
not be intitledto 
a continuance. 



And when the person employed by the executor or admin- 
istrator to post up such notifications resides more than 
ten miles distant from such probate Court his deposition 
respecting that matter, taken before a Justice of the 
Peace, and filed in such probate Court within the seven 
months as aforesaid, shall have the same force and efiect, 
as if the same was taken before the probate Court ; and 
the printing a notification three weeks successively in 
such gazette or news paper as the Court who may au- 
thorize the sale shall order and direct, shall be deemed 
equivalent to the posting up of notifications as aforesaid. 

And be it further enacted^ that guardians and others 
who upon obtaining license for the sale of real estate, are 
or shall be directed to give public notice before sale be 
made, are hereby authorized to perpetuate the evidence 
that such notice was given, in the probate Court where 
the guardian or other person selling is directed to account, 
for the proceeds arising from the sale ; in the same way 
and manner herein before provided for executors or ad- 
ministrators. — 

And he it further enacted, that no executor or adminis- 
trator against whom any suit shall be commenced, after 
the expiration of one year from the time of his undertak- 
ing that trust, shall be intitled to a continuance of course, 
but shall be held to assign some good cause therefor be- 
fore he shall be allowed a continuance. 

February 14,1789* 



1788. — Chapter 67. 

[Printed with Perpetual Laws.] 
AN ACT FOR RENDERING PROCESSES IN LAW LESS EXPENSIVE. 

Preamble, Wheretts it is the duty of the Legislature to p^'ovide 

means by which the decision of civil causes may be as 
speedy atid attended with as little expence as the nature of 
the case ivill admit : 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled & by the authority 
of the same, that from & after the first day of Juiie next, 
every Justice of the Peace within this Commonwealth is 
hereby impowered & directed to take cognizance of all 

acu^s^meT*^"^ ^ivil actious of thc value of more than four jjounds, aris- 

tloned. , . _ — . — 

* Approved February 16, 1789. 



Justices of the 
Peace impow- 
ered to take 
cognizance of 
all civil actions 



attachment and 
summons. 



Acts, 1788. — Chapter 67. 117 

ing or happcing* within their respectivel Counties, and all 
transitory actions the causes of which are alledged to 
have arisen therein, triable by tlie common or statute 
laws, of what nature or kind soever, excepting only all 
actions of audita querela^ all actions wherein the title of 
real estate may be concerned, all actions of replevin, detinue^ 
scire facias, or actions against executors or administra- 
tors, agents, fiictors trustees and attornies of absconding 
debtors, actions of debt on specialties, and all actions 
of account against guardians, bailiffs and receivers. — 
And it shall be in the power of any Justice of the Peace Justices em- 
within this Commonwealth, on application being made to fssue writs of 
him in all cases, except in the cases before excepted, to 
issue his writ of attachment & summons thereon or origi- 
nal summons directed to some proper officer within the 
county or counties in which the debtor or debtors live, 
reside or have estate, goods or chattels, 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 & hour therein mentioned, to confess 
such debt or demand, and such writ or summons shall be 
duly served by such Officer, at least fourteen days before 
the time therein set for confession ; otherwise, the person 
summoned shall not be held to answer thereon ; and every 
officer making such service shall indorse the whole of his 
christian & surname with the addion of his office on the 
summons which he delivers, when goods or estate are at- 
tached, otherwise the defendant shall not be holden to 
answer to said suit. 

And be it further enacted by the authority aforesaid, that 
such writ and summons shall be in the foUowino; form : 



[Capias or attacJiment.'] 

[seal] *S' SS Form. 

To the Sheriff of the County of S or to either of 

his deputies, or any constable of the Town of B. within the 
said County, Greeting — 

In the name of the Commonwealth of Massachusetts, 
you are required to attach the goods or estate of A. B. 

of in the county of [addition] to the value of 

poimds, and for want thereof to take the body of 

the said A. B if he may be found in your precinct, and 
him safely keep so that he may be had before me G. D. 



118 



Acts, 1788. — Chapter 67. 



esqr. one of the Justices of the Peace for the said County 

of S at my dwelling house in B. in said County, 

on the day of at of the clock in the 

noon, then & there to answer to i^. G of- 



( addition) & confession make if he see cause of the fol- 
lowing demand, in a plea of (here insert the declara- 
tion — ) To the damage of the said A. B. as he saith, the 
sum of pounds, as shall then and there appear with 
other due damages ; and of this writ and your doings 
herein, make due return to myself at or before the said 

time of confession. — Dated at B. aforesaid, the day 

of in the year of our Lord 

C D. Justice of the Peace. 



Summona when 
goods are 
attached. 



summons when estate is attached. 



[seal] S- 

ToABof 



ss 



in the Count?/ of 



(addition — 
Greeting. 

In the name of the Commonwealth of Massachusetts, 
you are commanded to appear before me C D. Esq. one 

of the Justices of the peace for the said County of jS , 

at my dwelling house in B. in said County, on 
the day of at of the clock in the noon, to 

answer to B F. of (addition) in a process of con- 

fession — (here insert the declaration proper for the sum- 
mons) to the damage of the said as he saith, 
the sum of pounds, which process the said B F hath 
commenced to be heard before me, and your goods or es- 
tate are attached to the value of pounds, for security 
to satisfy the judgment which the said E F may re- 
cover on the aforesaid process. Fail not of appearance at 
your peril. Dated at B aforesaid the day of , 
in the year of our Lord, 

O D Justice of the Peace. 



Original Sum- 
mons. 



Original summons. 
[seal] S ss 

To the Sheriff of the County of S- 



-, or to either of 



his deputies, or any Constable of the town of B. within 
the said County, Greeting. — 

In the name of the Commonwealth of Massachusetts, 

you are required to summons A. B. of (addition) 

to appear before me C. D. Esq. one of the Justices of 



Acts, 1788. — Chapter 67. 119 

the Peace for said County of jS. at my dwelling house 
in B in said County, on the day of at 

of the clock in the noon, then & there to answer to 

E F oi (addition) and confession make, if he 

see cause, of the following demand in a plea of (here 

insert the declaration — ) To the damage of the said E F 

(as he saith) the sum of , as shall then and there 

appear with other due damages. And of this writ and 
your doings herein make due return to myself, at or be- 
fore the said day of . 

Dated at B aforesaid the day of in the year 

of our Lord . 

C D. Justice of the Peace. 

Provided nevertheless, that in all actions where the sum Proviso, 
sued for, is more than tioenti/ pounds, the words " or any 
of the Constables of the toivn of B" shall be erased in the 
forms to lie used by virtue of this Act. 

And be it further enacted by the authority aforesaid, that ^"de^y vktue 
any attachment made l)y virtue of the aforesaid writ, of the aforesaid 
whether of real or personal estate, or both, shall be held valid, 
good and valid through the several processes which 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 be therefrom discharged by order of 
law; and the body of any person attached by virtue of the 
aforesaid writ, shall be held, unless sooner discharged by 
the creditor or by order of law, until thirty days after the 
time at which execution may issue on the final judgment, 
and no longer. 

And be it farther enacted by the authority aforesaid, that if the party 

, •' . 1 11 1 11 1 ii Bummoned shall 

II alter such writ or summons shall be duly served, the not appear, the 
party summoned, after being duly called, shall not appear decifmuon ^ 
to answer to the said suit, the charge contained in the tobetrul!^^" 
declaration shall be taken to be true, and the Justice shall 
give judgment for such damages as he shall find the plain- 
tifl' has sustained with his leo'al costs. 

Provided always, that any plaintift' aggrieved at the Proviso, — that 
judgment of the Justice in such case, may appeal there- fowTd^the 
from, either to the Supreme Judicial Court or to the p'*'°J*^- 
Court of Common Pleas next to be holden in and for 
said County, that he may have his damages assessed by 
the Justices of the Court appealed to or by a Jury if the 
plaintifl' require it, & the judgment thereon shall be final. 



120 



Acts, 1788. — Chapter 67. 



Further pro- 
viso, rcBpecting 
the defendant. 



No appeal al- 
lowed, unless 
demanded with- 
in 24 hours. 



No Justice shall 
appoint a Court 
earlier than 9 
o'clock, A.M. 



Justice shall use 
his endeavours 
to induce the 
parties to a 
reference. 



Referrees 
power. 



When parties 
will not consent 
toareference,^— 
what proceed- 
ings shall be 
bad. 



Provided also, that the defendant may appear at said 
Court, cross examine any witness which the plaintiff may 
bring to give evidence in his cause, all or any proof he 
may think proper to invalidate the plaintiflf'.s evidence 
and to ansAver any of the plaintiff's arguments, and make 
such observations as he may think i)roper, either by him- 
self or his attorney ; in which case the plaintiff shall file 
in the Clerk's office of the Court appealed to, copies of 
the process and of the proceedings before the Justice on 
the first day of the sitting of said Court, and may adduce 
any evidence he may think proper in proof of his dam- 
ages, and may appear either by himself or by his attor- 
ney, but if on such appeal, damages to a greater amount 
than the plaintiff' recovered by the judgment of the Justice 
shall not be assessed, in every such case, the plaintiff" shall 
recover no additional costs. 

Provided nevertheless, that no such appeal be granted 
by the Justice, unless demanded by the plaintiff' his agent 
or attorney within twenty four hours from the time set in 
the writ or original summons for the hearing. 

And be it fur'ther enacted by the authority aforesaid, that 
in all processes under this Act, no Justice shall appoint a 
Court at an earlier time in the day than nine o'clock in 
the forenoon, nor later than four o'clock in the afternoon, 
and no default shall be entered, untill the expiration of 
one hour from the time set for confession. 

And be it further enacted by the authority aforesaid, that 
when a defendant or defendants appear agreeably to the 
summons and dispute the demand of the plaintiff', or shall 
not confess to his acceptance, the Justice shall use his 
best endeavours, to induce the parties to a reference of 
such dispute or demand ; and in case the parties agree to 
refer such dispute or demand, and agree on the persons 
to determine the same, the referrees shall have the same 
power, and the same proceedings shall be had thereon, in 
all respects, as are pointed out in an act, passed in the 
year of our Lord one thousand seven hundred & eighty 
six, intitled, " An Act for rendering the decisions of civil 
causes as speedy and little expensive as possible." But 
if the parties in such case, do not consent to settle the 
same by referrence, the plaintiff* may carry his demand to 
the Court of Common Pleas, next to be holden in the 
same County, for trial, he giving notice to the defendant 
in the presence of the Justice (who shall make a record 



When any de- 
fendant shall 



Acts, 1788. — Chapter 67. 121 

thereof) of the time and place where the said action is to 
be heard & tried ; in which case the original writ with 
an attested copy of the record of the proceedings l)efore 
the Justice, together with all the papers filed in the Jus- 
tice's office, in that process, sealed up in a wrapper, with 
the following direction on the out side — To the honor- 
able the Court of Common Pleas for the County of , 
to be held at , on the Tuesday of , The 
process of A. H against C. D containing papers, 
shall be by the Justice delivered to the plaintiff', who shall 
file the same in the office of the clerk of the Court of 
Common Pleas, on the first day of the said Court's sitting ; 
& the plaintiff' shall have a right to amend his declaration 
at the Court of Common Pleas ; but if any alteration shall 
be made in the substance of the declaration, the plaintiff' 
shall pay the defendant the lawful cost he has been at, in 
said action, until that time. 

And he it further enacted by the authority aforesaid, that 
when any defendant served with process under this act, appear, and the 
shall appear according to the tenor thereof, and the plain- ne^iect to enter 
tiff' shall neglect to enter his action, or to prosecute the Duty^o'f th7 
same in any stage of the process before the Justice the cases!^ '° ^"'^^ 
Justice in every such case, on the complaint of the de- 
fendant and his filing his summons, or an attested copy 
of the original writ in the Jutice's office, shall render 
judgment for such defendant against the plaintiflf for his 
cost, & may issue execution thereon in the same manner 
as is provided in actions oi four iiounds or under; & in 
every case where a defendant has appeared before a Jus- 
tice as aforesaid, and denied the plaintiff''s demand, & the 
plaintiff' has notified him (as in this law is directed) to 
appear and answer said demand at the Court of Common 
Pleas, next to beholden in said County, and such plaintiflf 
neglects to" file his papers in the Clerk's office, as there 
directed, or to prosecute his said action, such Court, on 
the complaint of such defendant & filing in the Clerk's 
office, an attested copy of the said Justice's record of such 
notification, shall render the defendant judgment, for his 
legal costs. 

Andhe it further enacted by the authority aforesaid, that Manner of pro- 
when a defendant in an action under this Act appears to any defendant 
confess the plaintiff's demand, he shall do it on the back demand" s^o!" 
of the writ or a paper thereto annexed, in the following 
words : viz. 



122 



Acts, 1788. — Chaptek 67. 



Justices shall 
make a record 
of their pro- 
ceedings under 
this act. 



And the said A B comes into Court and confesses 
the justice of the plaintiff's demand & that the plaintiff 
ought to recover of him debt, (or damage as 

the case may l^e) and his costs — and hereto puts his 
hand A. B. 

And if the plaintiff accepts of the said confession he 
shall insert below — and the plaintiff accepts of the same 
& hereto puts his hand — E F . And the Justice shall 
certify below — , In presence of 

G. D. Justice of the Peace — 

In which case, the Justice shall render up judgment for 
the sum so confessed and for the plaintifi''s cost which 
has arisen on the process ; but if the plaintifi' will not ac- 
cept of said confession, he shall insert at the bottom of 
the confession, but the plaintiff will not accept of said 
confession & hereto puts his hand. E. F. — . And the 
Justice shall certify as aforesaid. 

And in all such cases, the Justice shall proceed in the 
same manner, as is by this act provided when the de- 
fendant denies the plaintiff's demand ; and if on the final 
judgment the plaintifi* does not recover more debt or dam- 
age than the defendant confessed before the Justice, the 
plaintiff shall recover no more cost than had arisen on the 
process at the time of confession. And in every case 
when the plaintiff will neither accept or refuse the confes- 
sion, as aforesaid, the plaintiff shall be considered as be- 
coming non suit, & the Justice shall render up judgment 
for the defendant, for his cost. 

Aiid be it further enacted by the authority aforesaid, that 
every Justice of the Peace, in this Commonwealth, shall 
make a fair record of all his proceedings under this law, 
in a book bound, for that purpose, distinct from his book 
in which he keeps the records of the Actions which come 
before him for four pounds or under ; & in making their 
records they shall conform to the following forms 



Record of a 
judgment on 
default. 



Record of a Judgment on Default. 

8 ss. 

At a Court before A B. esqr, one of the Justices of 
the Peace for the County aforesaid, at his dwelling house 

in B. on the day of in the year of our Lord 

O. D of Pit. E, F. of Dft. in a 

process of confession — (here insert the whole of the decl^- 



the Court of 
Common Pleas. 



Acts, 1788. — Chapter 67. 123 

ration). And after the words, "to the damage of the 
said C. D. as he saith the sum of pounds " add, — 

The Plaintiff appeared & entered his action, but the de- 
fendant tho' solemnly called, did not appear, but made 
default, it is therefore considered by the said Justice, 
that the plaintiff recover of the defendant the sum of , 
& cost of suit taxed at 

A. B. Justice of the Peace. 
(And if the Plaintiff appeals as in this law is provided — 
Add) — From which Judgment the Plaintiff appealed to 
the Court next to be holden at B within & for 

the said County of 8 on the Tuesday of 

A. B. Justice of the Peace. 

Record of a case carried im to the Court of Common Pleas. Record of a case 

'' -L ^ carried np to 

/S SS. 

At a Court (the same as in a defaulted action until it 
comes to the end of the words, "The Plaintiff appeared & 
entered his action" then add) The defendant appeared & 
denied the Plaintiff's demand — The Justice then used his 
best endeavors to induce the parties to submit the demand 
to the determination of referrees, as the law directs, but 
they would not consent thereto : The Plaintiff then in 
Court, in the presence of the Justice, notified the De- 
fendant, that he should carry said Action to the Court of 
Common Pleas next to be holden at B. within & for the 
said County of /S , on the Tuesday of as 

the law directs. A. B. Justice of the Peace. 

(And if the Defendant appears & confesses himself in- 
delited to the Plaintiff, & the plaintiff accepts of the con- 
fession, then after the words, on the record "And the 
Defendant appeared," add,) And made confession as fol- 
lows — (Here add the confession as made on the writ 
verbatim, & the Defendant's signature with the Plaintiff's 
acceptance & the attestation of the Justice ; then add) — 
" It is therefore considered by the said Justice, that the 

Plaintiff recover of the Defendant, the sum of Debt, 

(or damage as the case may be) & cost of suit taxed at 

A B Justice of the Peace. 

Record of a Case ivhere the Defendant appeares & makes a con- Record of a case 
fessien lohich the Plaintiff does not accept of. f^ndant^appears 

^ and makes a 

O SS. confession, 

At a Court, (as in other cases until it comes to the end us does^'no^t"'**"" 
of the confession then add — ) "But the plaintiff refused ««<=eptof. 



124 Acts, 1788. — Chapter 67. 

to accept thereof & under wrote his non-acceptance & 
signed the same as on file — " (then add as before) " The 
Justice used his best endeavors to induce the parties to 
leave the dispute to the determination of referees as the 
law directs, but the parties would not consent (as before) 
But if the parties agree to submit the dispute or demand 
to the determination of referees, then after the words, 
" The Justice used his best endeavors to induce the par- 
ties to leave the dispute to the determination of referees as 
the law directs, — add — " And the parties agreed to sub- 
mit the dispute & all other disputes (if that is the agree- 
ment) to the determination oi A L. B M & G. O. & 
entred into a rule for that purpose as is by law provided. 

A B Justice of the Peace. 



Form, when the g^t if the defendant denies the demand without con- 

deiendant de- n • -• n ^ i • i t 

Dies the de- fcssmg any part thereot, & they submit the dispute to a 
™^° ■ reference then the record of the Justice shall conform to 

the foregoing form, saving only in that particular 

But if the Plaintifi" after the Defendant has confessed, 
will not accept or refuse the confession, as aforesaid, then 
after the record of the confession add But the Plain- 
tiff would neither accept of, or refuse the said confession, 
but became non suit ; it is therefore considered by the 
said Justice that the Defendant recover of the Plaintifi' his 

reasonable cost taxed at . 

A B Justice of the Peace. 

when'^fhe^piafiT Record of a case ivhen the Plaintiff does not enter his action. 

tiff does not ^y 

enter his action. O SS 

At a Court before A B esqr. one of the Justices of the 

peace for the said County of , at his dwelling house 

in , on the day of , in the year of our Lord 

', ADoi (addition) Plaintiff C F. of (ad- 
dition) Defendant; in a process of confession, the Plaintiff 
did not appear to enter his action & the Defendant ap- 
peared & entered complaint, filed his summons & prayed 

for his cost . It is therefore considered by the said 

Justice that the Defendant recover of the Plaintiff his cost 
taxed at A. B. Justice of the Peace. 

when^the de- ^7icZ he it fuHliev enactecl hy the authority aforesaid, that 

faulted, esecu- in all sucli cascs whcrc a defendant comes & confesses to 

afteAo^days"^ the acccptancc of the Plaintiff, or when the defendant is 

defaulted, execution shall issue from the said Justice, after 



Acts, 1788. — Chapter 67. 125 

the expiration of twenty days from the time of confession 
or detault, for the debt or damage recovered, together with 
lawful interest for tlie same, from the time of rendering 
Judoment to the issuing such execution & the Cost recov- 
ered by such judgment ; which execution may run into any 
County or place in this Commonwealth, & is hereby made 
awardable into any County or place in this Commonwealth, 
& shall there be executed by the Sheriff, Deputy Sheriff 
or Constable, to whom it shall be directed, & it shall be 
in the form following, vizt ; 

Commonwealth of Massachusetts — fxe^uonr*" 

[seal] S ss 

To the Sheriff of the count]/ of S or either of his 

Deputies, or any Constable of the Town of within the 

same County Geeeting ; 

Whereas C D of (addition) on the day of , 

in the year of our Lord , by the consideration of A 

B esqr. one of the Justices of the Peace for the said 

County of S , on the confession (or non-appearance 

as the case may be) recovered Judgment against E. F, of 

(addition) for the sum of debt (or damage as 

the case may be) and cost of suit, as appears of rec- 
ord, of which execution remains to be done ; We com- 
mand you therefore, that of the goods, chattels or lands of 
the said E F within your precinct, you cause to be paid & 
satisfied to the said E. F., at the value thereof in money, 

the aforesaid sums together with , the interest of such 

debt or damage, being in the whole, with more 

for this writ ; & thereof also to satisfy yourself for your 
own fees ; And for want of Goods, chattels or lands of the 
said E F, to be shewn to you or found within your Pre- 
cinct, to satisfy the said sums to the acceptance of the 
creditor, we command you to take the body of the said E 
F, and him commit to our goal in , in our County of 

aforesaid, and detain in your custody in our said goal, 
untill he pay the full sums above mentioned, with your 
fees, or that he be discharged by the said E F the cred- 
itor, or otherwise, by order of law : Hereof fail not, and 
make due return of this Writ and of your doings herein, 
to our said Justice, within ninety days next coming. Wit- 
ness our said Justice at B aforesaid, the day of 
in the year of our Lord 

A B Justice of the Peace. 



126 



Acts, 1788. — Chaptek 67. 



On the removal 
or death of any 
Justice, his 
records, &c. 
shall be lodged 
in the Clerk's 
office of the 
Court of Com- 
mon Pleas : 



Penalty for 
neglect. 



Penalty for de- 
stroying, de- 
facing or con- 
cealing such 
records. 



Executions is- 
sued by any 
Justice, how 
extended, 
levied, &c. 



Proviso. 



Actions on an 
account current, 
a quantum 
meruit, quan- 
tum valebat, 
&c. — how con- 
ducted. 



And be it further enacted by the authority aforesaid, that 
on the removal from office or death of any Justice of the 
Peace, the records of the said Justice which by this Act 
he is obliged to keep, shall be lodged in the office of the 
Clerk of the Court of Common pleas, for the same County, 
together with all the papers on his files relating to any 
action brought before him under this act ; & any Justice 
of the peace who on his removal from office, shall neglect 
to lodge such records & papers in the Clerk's office, as 
aforesaid, for the space of three months, shall forfeit &. 
pay a sum not less t\\din fifty, nor more than^ve hundred 
pounds. And if any Executor or Administrator of any 
deceased Justice, shall neglect to lodge said Records & 
papers as aforesaid, which shall come to his hands, in the 
Clerk's office, for the space of three months after his ac- 
ceptance of said trust, he shall forfeit & pay a sum not less 
than fifty nor more than five hundred Pounds. And if 
any person shall knowingly destroy, deface or conceal any 
records of any Justice of the Peace, after his decease, he 
shall forfeit & pay a sum not less than five hundred nor 
more than one thousand Pounds. And all such forfeitures 
shall be one half to the Commonwealth & the other half 
to him or them, who shall sue for the same, to be recov- 
ered in an action of debt in the County where such Justice 
lived. 

And be it further enacted by the authority aforesaid, that 
all executions issued by any Justice of the peace under 
this act, shall be extended, levied, returned & recorded in 
the same manner, as is prescribed by a law of this Com- 
monwealth, passed in the year of our Lord, one thousand 
seven hundred & eighty four, intitled, "An Act directing 
the issuing, extending & serving of Executions," & shall 
give the same title to any real estate on which execution 
is extended & served as is therein provided. 

Provided, that all such Executions shall l^e returned, 
within ninety days from the time of issuing the same, into 
the office of the Justice from whom such Executions is- 
sued, instead of the Clerk's office, as is in the aforesaid 
Act provided. 

And be it further enacted by the authority aforesaid, that 
on any action brought forward under this act, on an ac- 
count stated by the parties, an account current, a quantum 
meruit, quantum valebat, for services done at a stated price 
or for goods sold & delivered for an agreed price, the de- 



Acts, 1788. — Chapter 67. 127 

fendant may file any account he has against the Plaintiff 
in the office of the said Justice , on or before the time of 
confession ; & if the action is carried up to the Court of 
Common Pleas or submitted to the determination of ref- 
erees, the same proceedings shall be had thereon, as are 
directed in a law of this Commonwealth passed in the year 
of our Lord one thousand seven hundred & eighty four, 
intitled, "An Act prescribing forms of writs in civil 
causes, & directing the mode of proceedings therein." 

And be it further enacted by the authority aforesaid^ 
when any Justice of the Peace shall die or be removed J?^eghandil"or 
from office after he has rendered Judj^ment on any cause te removed. 

o *j after DC zias reu- 

brought before him, under this act, & before execution is dered judgment, 
issued thereon, that in every such case, the Plaintiff may cution iB?Bs''ue'd, 
bring forward an action of debt on such Judgment, before ^Jdi'ngJ'Bhaii 
any Justice of the peace for the same County ; and such "^^ had. 
proceedings shall be had thereon, as in this act is provided 
for actions in general ; & in every such case, if the writ in 
said action shall be issued while the attachment on the 
original action is valid, such attachment shall hold good 
during the whole of the process on such action & until 
thirty days after the time allowed by this act for the issu- 
ing execution on final Judgment ; & if any Justice shall 
die or be removed from office, after the service of any writ 
by him issued and before the time of confession, or shall 
otherwise be prevented from holding his court, it shall 
be in the power of any Justice of the peace, within the 
same County, on application made to him for that pur- 
pose, to issue a citation to the defendant, in the form here- 
after in this act prescribed, directing him to appear before 
the said Justice, at a day & hour therein mentioned, to 
confess Judgment on the said action, if he see cause, which 
citation shall be duly served by the proper officer to whom 
it is directed, fourteen days at least before the said day ; 
& the same proceedings shall be had thereon, as tho' the 
action had been originally brought before the said Justice ; 
& in every such case the attachment made on the original 
process, shall be good in law, through the said process, & 
until thirty days after the time by law provided, when ex- 
ecution may issue on the final Judgment ; & the Plaintiff' 
failing to prosecute his action in any stage of the process, 
shall be considered as non-suit, & the defendent shall re- 
cover his costs ; 

Provided always, that such citation shall issue within proviso. 
forty days next after the decease or removal of such Jus- 



128 



Acts, 1788. — Chapter 67. 



Any person 
having process 
commenced 
against him, 



Form of a 
citation pre- 
scribed. 



Form of the 
citation. 



tice, otherwise, the attachment on the original action shall 
become void. — 

And be it /mother enacted by the authority aforesaid, 
that any person having process commenced against him, 
as aforesaid, may at any time after such process is com- 
mayTender'the mcnccd, tender the plaintiff the damages he has sustained, 
Simagfs, &c. and the legal cost he has been at, thus far; and if the 
plaintift" shall not accept of such tender, but shall prose- 
cute his suit, and on final Judgement shall not recover 
Judment for more damages than the defendant did tender 
him, as aforesaid, in every such case, the plantiff shall 
recover no more cost than had arisen at the time of the 
said tenders being made. 

And be it further Enacted by the authority aforesaid, 
that the following shall be the form of the citation issued 
by a justice, to direct a Defendent to appear to answer to 
a suit commenced before a Justice who dies before Judg- 
ment is rendered, or is removed from ofiice, or prevented 
holding his court as aforesaid. 

[Seal] S ss 

To the Sherriff of the County of S , or to either of 

his deputies or either of the Constables of the Town of 

within the said County 

Greeting ; 

Whereas a writ of attachment (or Original summons as 
the case may be) was issued against AB of (addition) at 
the suit of C D of (addition) by ^ jP Esqr. late (or 
now) one of the justices of the peace for the said County 

of /S since deceased (or removed from his Office ; or 

prevented holding his court at the time appointed, as the 
case may be) which writ was made returnable to the said 
Justice, on or before the day of ; You are 

therefore required to summon the said A B, to appear be- 
fore me G H Esqr. one of the Justices of the peace for 
the said County, at my dwelling house in B, in the said 
County, on the day of , to answer to 

said process. 

Hereof fail not ; and of this precept and your doings 
therein, you are to make true return at or before the said 
time set for appearance. Dated at B , aforesaid, 

the day of , in the year of our Lord 

G H Justice of the peace. 

And be it further Enacted by the Authority aforesaid, 
that the Justice who issues a writ under this act, shall be 



Justices fees. 



Acts, 1788. — Chapter 67. 129 

intitled to one shilling for the Blank, and one sJiilling for 
each citation to a defendant, in case of the Death or re- 
moval of the Justice who issued the original process, and 
shall have for entering an action or filing a complaint and 
summons one shilling ; for filing papers one penny each ; 
for a writ of Execution one shilling and foiir pence; for 
examining and allowing a bill of Cost, three pence; for 
swearino- and examinino- witnesses and assessing damages 
in a defaulted action two shillings; for recording Judg- 
ment one shilling ; for all copies of the proceedings or 
papers eight pence per page ; for a Rule of submission to 
Referees, tivo shillings; for each declaration, one shilling 
and eight pence; Recording the defendent's denial of the 
demand eight pence; for entering on his records the sub- 
mission to a Rule of Reference, four pence. And if any Penalty for de- 
person shall demand any other or other greater fee SesthanfTyVw 

for any of the services that shall be performed by virtue ''"°^®'^- 
of this act, than is by this law allowed, he shall forfiet & 
pay for every such offence, the sum of ten pounds, with 
costs of suit, to him or them that will prosecute & sue there- 
for by action of Debt, within one year after the ofl^ence is 
Committed in any court proper to try the same. 

Provided ahvai/s, that no action commenced under this Butoneattor. 
act, shall be sustained when the time therein set for con- efthei- side, at° 
fession is more than six months, after the Issuing such com^mon*Hea8. 
process : And but one attorney shall be allowed to plead 
or Argue on either side at the Court of Common pleas. 

A7id be it further Enacted by the authority aforesaid, that ^tachment" &c. 
when any writ of attachment or oriifinal summons or Exe- are issued, how 

. . ^ air6ct6d. 

cution is issued, against persons residing in different coun- 
ties, or against one person residing in one County and 
having Estate in another, or being an inhabitant in one 
county and cannot be found in the same, and in all other 
cases when needfull, the writs aforesaid may be directed 
to the severall sherrifs of the respective Counties of , 

or their respective deputies, anything in the form of the 
said writs to the contrary notwithstanding. And when 
a process is commenced in which a sherriff or his deputy 
is a party, the direction in the said writ shall be "To 
the Coroner of the County of 

And be it further Enacted by the authority aforesaid, that ^u7/iev1ero"n 
when an Execution issued under this act is levied on real p'?',*'^''"?; °°* 
estate, which afterwards appears not to have been liable tent thereof, 
to the extent thereof, at the time when such execution i^gfeha^i'^be 

had. 



130 



Acts, 1788. — Chapter 67. 



When a procees 
shall be com- 
menced against 
any person out 
of the Common- 
wealth, the Jus- 
tice shall ad- 
journ the Court. 



Writs and sum- 
mons, when to 
be issued. 



Actions on 
notes originally 
above 41 and 
reduced by in- 
dorsement, how 
brought. 



Former act 
repealed. 



Proviso. 



was levied, in every such case, the justices of the court 
of Common pleas for the County where such Execution 
was issued, on application of the Creditor, may order a 
writ of scire faciax to issue against such debtor, requiring 
him to appear before said court, at their next term, to 
shew cause if any he has, why an Alias execution may 
not issue — in which case, the plantift' shall carry up to 
the court of common pleas copies of the whole proceed- 
ings before the Justice, and of the Execution, and the 
officers return thereon ; and the same proceedings shall 
be had thereon as if the Execution had issued from the 
court of common pleas. 

And he it further Enacted hy the authority aforesaid. That 
when any process under this act shall be commenced against 
any person who shall be out of this Commonwealth, at the 
time of the service thereof, and shall not return before the 
time set for confession, the justice before whom the process 
is commenced, shall adjourn his court for not more than 
six months, nor less than two months ; and on every 
other occasion when the justice shall deem it necessary, 
he may adjourn his court for a term not longer than two 
months. 

And be it further enacted hy the authority aforesaid, that 
all writs and summonses issued by virtue of this Act, shall 
be issued by a Justice of the Peace in the County where 
one of the parties live. 

And he it further Enacted hy the authority aforesaid, that 
all actions brought for the recovery of a demand on any 
note of hand which was given originally for more than 
four pounds, and which by indorsement is reduced to 
four pounds or under, shall be brought before a justice 
of the peace and by him heard & tried in the same 
manner as tho' said note was originally given for four 
pounds or under. 

And he it further Enacted hy the authority aforesaid, that 
an act passed in the year of our lord one thousand seven 
hundred & Eighty six, intituled, " An Act for rendring 
processes in Law less expensive " together with all the 
subsequent acts made in addition thereto, and for con- 
tinuing the same, are hereby repealed from and after the 
first day of June next. 

Provided nevertheless, And he it further Enacted hy the 
authority aforesaid, that the aforesaid Acts shall be so far 
continued in force, as to extend to the prosecuting to 



Acts, 1788. — Chapter 67a. 131 

final jiido-ment and execution all processes which are or 
may be commenced thereon, previous to the said first day 
of June next. 

And he it further Enacted that this act shall continue in Limitation of 
force, for the term of three years from the first day of 
June next, and no longer. February 14, 1789.* 



1788. — Chapter 67A.t 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF THIRTY 
TWO THOUSAND SIX HUNDRED AND FIVE POUNDS EIGH- 
TEEN SHILLINGS AND ONE PENNY, TO ANSWER THE EX- 
IGENCIES OF GOVERNMENT AND ALSO FOUR THOUSAND 
EIGHT HUNDRED THIRTY NINE POUNDS, NINETEEN SHIL- 
LINGS, TO REPLACE THE SAME SUM DRAWN OUT OF THE 
TREASURY TO PAY THE MEMBERS OF THE HOUSE OF REP- 
RESENTATIVES FOR THEIR ATTENDANCE THE THREE LAST 
SESSIONS OF THE GENERAL COURT; ALSO A FURTHER SUM 
OF FIFTEEN POUNDS ONE SHILLING, SET TO THE TOWN OF 
BOWDOIN; AND THE SUM OF FORTY SEVEN POUNDS ELEVEN 
SHILLINGS SET ON THE LANDS OF THE HEIRS AND ASSIGNS 
OF THE LATE BRIGADIER WALDO. 

Whereas it has become necessary/ in order to ansvjer the 
exigences of Government, that the Treasury of this Com- 
momveaUh slioidd be supplied with the sum of thirty two 
thovisand six hundred and five pounds eighteen shillings 
and one penny : 

Be it therefore enacted by the Senate and House of 
Rejiresentatives in General Court assembled and by the 
authority of the same That each town District, Planta- 
tion & other place within this Commonwealth shall be 
assessed and pay the several sums with which they stand 
respectively charged in the following Schedule — Viz. 

* Approved February 16, 1789. f Not printed in session pamphlet. 



132 



Acts, 1788. — Chapter 67a. 






,^ CO coco coco O O CO CO ?D CD 05 «0 O C005 O OS O CO O O 05 CO 

,^oiMTt<cor--Oi--;cgco<Ma>a5iC(MC<icoco(Mococo'*<co os 

no I <M 



,CD(MCOOr^h-.COOOi— l«C05^0C005■^'COCOC2C5<M• 

iO•^CO»Qt— <OOCOi— iOSOO'-HOOC>000*OOCO'^l 
■* 00 OJ 1— 1 CO -H (>) r-H r-l —( (M i-H ■— I ,-H 

CI 



c a 



d OS p p, o 
'So? 2^ 



&( GO 



ID >« T3 

'y e C 
e § c3 



CJ (U 

a o 



« >< 



a 00 



P:^ a 5 
5:^2^ a 

*^ ^ S °S O) 

^ ^ " be a 
» o ij a « 



9 S ? S 
a a ^ a ? 

at^aaSooM o-c ^^ a S 

^ ,_ .~ — ■ !> .- .a a> ^ •— to a.'^ a> 

•a •= S a =8 o. •« =« c 



<n a 

a * a o-^-a^ 
a^ ?, a^ fe a 

H^~jq''"'''^>"tia>ii5ai> 

b^ScSaa'^S^^ ""'^ .- ^ „.-» QIJ-, ,„ ,„>^ 

5 3Btc30'"S-" 



„ 600) 

, ,«J3 a ?? a a-H a 



be 



a ot's £.-g^^ i=.s|:li|l ii^.s g _ 

^ f^2 2^^-S cr^ « =xi 






■a 3 (u 

) — r- O) ^ > ^ • 

' ^ S > 2 -5 =* g 

i§ss^ga«s2cBB 



•fls. 



g oca o-ca 

'U 'C 73 



Dh o 



S o « 



afi x^i*^"? E S-S -i^-i: = = «^ s^S^-a g 
= -a«>«T3<«*g(uagcc*-oor " '^ 



c^ 



g aij ^ „ ^i: ^ u ^ ., M±! a a --^^ a g o § o 






P.P 



p c a .i: ^ 
t>^33St^a:«x?a 
- ja J3 fl -s >.>-.« « 



&j3&aj3B^.2ca^a& ■£f^-2f' aaB--.2oS^ 
HHHOHOHwOOfnOHWKlOOOZtcfeccCM 



•^COCOCOCOCOOOCDCOCDt005C005e005C005COeDCT>003 
.C-Jt^.-HO-*00CD(M(M«500TjtOC000C0C0«^OaiC0-#C0 



. ,- 05 C35 'S' (M Oi CO t 
H^ C^ !N <M ^ (M ^ ' 



'SOOOOOOO 

ojcaomcocococ^io 



■oooooooooo 



. CO CO i-H ■* CO ■* t^ CO 00 lO 00 CO C3J Tti O O lO tX 
C)^lOTt<(MlM(M(M'-l ■— ii-H C<1 i-Hi— (C-q I-H 



So 



^s '^•S 



PS s ° s 






I 



Acts, 1788. — Chapter 67a. 



133 



^05O05C0CD'»05OOOC0C0OCD^i-i02C0<S05O00 
.tOCOCOOt^OC^leiOOSlOOOSIMOrocDOOlMf^"— '-H 

eo -H 1— I I— I I— I I— I t-H I— ( 1— I .— I 1— I .—I ,H I— I I— I 

^ t^ M O <M (N Tj< CO (M t-l CC<M •-! i-h-h CI .-i .-H f-H Ir-H 

I 'P 



a 
.9 S 



" = c 

~ J3 to 



Sag 

Xri ID 

's s .a 

. " ri 



" ^8.Sj=i = -S = 

(0~ <0 - r^ ^ 



5^ 






CJ? 



4> CO 

aj rt " tot: § 
«.2Pc 2igg >32 

."S-^cC^co.S 

oT'^ V c^ (U 00 ■" 'O c 

c s <« " o H-a s 



■^5 



4):;: 



=88 



Ci 

"^ s 

c a 



bD 



6o5 «^ a 3 
.9 i=^c^— x: 

g-S5i'":9g 
« » ^ &§ o g^ o g g-g 

<n a to .^ ^^ 3 '^ S^ a* *" 3 

c23 "-s^ "■"co^^'Sg, 






te 3 = 



a in — *-" c *^ 4^"^ Ij q3 ^ tt to 



.2 iui; f^*".o ^ 



.§ig"i.^':!l"-s"l>^sJ--^-^^ 

S -73 "" 2 °S ^ 9 'O OS ^ «<= "^ 



_-F-^ to mtC"^ , C5 ^ 



a 3 q a a 9 ? =^.9_g gr^^ § p^ a g S a 
t>. aj -^ a /3 . >,J3 .a '=' ja J3 xj 



.a .a 5 3 3 

ll^oo^go'S-eS® £ obti <u aj 5 <D aj « 
g5.S;&:&:o.a&eo.aS:ga^oBefe:aae 
ooHPMHHftHHHOfiHHHccOPnliiOOHOOO 



«^a>005COtD«D03000COCOOCO?OrHO>COCOOJOCO 
• COOO'-i^0100iOOOO-HOi(NCOCOOt^OTt<C<l"-l'*< 
.■*0000t^a>00>OO':0CCi'-l(MfNipO'-5D'*-S'e^' 



■^oooooooooooo 

•0000CD05C0O-*a>05iMTtlO 



' oo oooo 
(Mooo>oor^ 



V5 fe; <-, ^ Cb ^nq Q k; K^ -Tj Qq ;^ t- Sr ;^ 72 ^ tt; oq fiq !? 



.00 ■<i< 

~f-l(M 



s^ 



z: 


a 


ja 


O) 




4) 






<\) 




a 


^ 



X 


s g 


cq 


bD® 


</3 


<" >. 


l»3 


a <o 


■^^ 


tt 
Q 


g| 


§ 


1" 


^ 


l« 


O 


.a-^ 


^ 


a ^ 


H 


:z; 


OH 


D 






o 


-^oco 


CJ 






c^t-O 




.(M tH 




~-H(M 




^OO 




WlMCO 




.— ' 










134 



Acts, 1788. — Chapter 67a. 



"QOOSOOaiCOCDOOOiCOOStOCOOOSOSCOOOOCDCOCCiOMCOOOO 

<ct^?Dooo50»'*t-.«DOO>oooor-»-*05icioo^co«o^Oi-Ht^05iot^i— iin 

^ ,—1 ,— I I— I I— I I— ( I— I •— I I— ( I— I r-H I— I t— I r-l I— I •— I I— I I— ( I— I rH ■— I ■— I 

>, 



a 
ft 

Si o 8 

O. Sega <ua>P^Og Q.y, g 




a30ja)tt)a>a)a)<Da)a)a)<D<pa)aia)4><u<B fcn.fc! i'"Scfana£s)a?Ti 
cflcccccccaaoflcaacc cS^xi c 0"---:3 S c J.s 
OOOOOOOOOOOOOOOOOOOHHOptiiZjWZccOajai 




'^005©OOie<300005tt>05CDK)00505?DOtO©OCCCOOeO«0000 
«,— If-H i-H i-l r-( ■— ( r-l ,-( r-H i— I i-l ■-( r-J r-l f-t i-l i-l 



«5J0000000©000000©0000000 •©©©©©©© 
.© N OO 00 © ■* O lOi— 1 t^lM CO CO 05 (N C<1 -t< CO O 05 CD© i— I -* CO — i UJ — | CO 

)eo t-i t^ lO 1— o> < . _ 



^ <S «i ^ li -o 






•^ r>i >^ -^ "^ "S" ■*■ tT> ?S -w rh 7> n i 



^fe(S;^cst§;^!i;^^S5r^c^*;S;:^;^ii:^-^:S6^o:;^q(^!^-^<3 



Acts, 1788. — Chapter 67a. 



135 



OC<3C<30»COOC50 
OC<l-*>Ot^.— iiMin 



8-3 

<i> I c 



bD 



,5 S M 

O --.bo 

^05 = = g£.a5 

C °o en ^ -^ {B ^ 



Qj V- .ui — ■" O .« J3 

(B 2; (B M ^ Cti d, H 



OCOCOCSCOOOiO 
•— I t^ CO 03 00 C-l CO «3 



0000 

COOiM QO 
(MO lOO 






) "-J ~ E~< "-J -^ >; V5 



-Qa>Oe<3030COC50JO>OOi<OCOCOOJOOCClO>CO 
o;me<S05(M.-l03t-»rJ<;-llM(MOC0050COTt<— icOlO 

• <neoOi-H(Mcoo-*-*(Me<ii-coo50ooo5c<ioo!M 

C(^lOOOOt^Tt<COOO(M-^«OeO-*CO-*CO'X>OOOt^CO 





c 




« 













a, . 




. &.£ 


<D 






aj 0. 


&. 


& 









.a . 




.o.a 




© 


03=0 


c 


T3 0) 






p " 


a 


c ■ 

cS 


S g 


X 


n to 

B— a 


c 


;§l 


-« 








c 


c •-. "» 


i|Si 




^^ 


C be 


Sc.S 

c — 


gp 



S =3 S 

c oj a. 



• <!> = S 



— 73 g .2 



■-= -^S^gbc" 



»a 



5 !U 



..^ (o > > <D '^ '^ a 

^2-3 =-S <" « S s 



"Sea 



■as 

3 >^ 3 «'-^ OQ t^ 3 3 

JS ^^ c >^ >,;s -a J3 
O P-1 !» &H cc W O O 



~ — .'3 <u .g — c 

i5a§s§|i':cs| 

oa3"=fr = r,5s 

fe-.s-c-s ■" a"'S=« 

•g3'g-§::|-s§a§ 
l^pa^-^-sa 

g^ia-sal^iB^^ 

>5SSSS.SP.><§.£?S2 
tBOfaHEnWosOWcoH 



-gOOcooioeoosoiCTiooioeocooiOOcooso 

^<OeO>OCQt^OS'-i-*SOO>C<IOOOi— iCOt^COIMOOO 

Coeo'Ocx3io-<j<io«D05COTj<oeo(McoinioaotDO(M 



"qOOOOOOOOOOOOOOOOOOOO 

c;;a>o-*o-*ocooCTjeooooi»Tt<.-i.— lOicot^ 



Si ^1 

- '^ ^^ ^ ^ •*-^ 



•"s. • 









>"c S' 






136 



Acts, 1788. — Chapter 67a. 



oeoo50coo50scococoocoo:)Ocoocooi'X>«ocoe<s«)cocoo5«>eooo<£i 






(C<105C0<N-^->*<.— i05lC5'*(MCfiCD' 



(. . t.^ ^j ".'J fc^j ■T' ■>-> tjj ijy ^ij itj c^ IC3 r^ cE> uj •— < cN uj ^J u^ ^:r ^ »~' ws itj -^r i.^ t«>j ^i^ •— ' 

rH (N rt rH ,-1 rt 




M !»i r M "s 3^ s r 's s 5 -^ s>^'^ 

» e g-a tfi^S'O ^-S 3-0 S-S >v«> ■» g g-a-d 00 e-a 0,-0^^^ c 
Sga5S3-S2'3§s=^='Bs«c=BS'5g5BoOga§a° 









?^ >>. 



•J= g t^" 



■w'=Unj^' ■*>&■&' ^Isio'^ lU Xi'^ <U.!3i;j?a^i''titi •" -3 OJ 

pi-l2;Ha3P^HOP>HtuHHZo;2iOi»a!0!»WH(Zo;z;iiHHHpMWc» 




-53©C<3050«D0503eOMC050e<3CO©M©C005«0«OtCe<SC<Se<5500550COCOCO 
5^h-.CDlOO"000200CO<M«OTt<«C0005lO'^'^OOCX)t— rot^COTfCOOlOOOOl 



p^oo • 000 OOOOOOOOOOOOO© -OOOOOOOOO 
•0>«^ ■* O (M 10 t--. ;0 ■* 00 (N e« O 00 CO IM (M CT> O t^ (N CO to © 50 (N 10 05 



S s s s'toi £*••«••••,> 



Acts, 1788. — Chapter 67a. 



137 



COOCOOOf— ICOC00003 
r-l0OC<30O-t<Oit^ OiCD-* 

lOeO--'-*(N(M(Mi-ii-<r-l 



Oi 



"^ '^ tc 'S -S 
?i "^ bc-j — 

SPS en = -^ s aJ S 

:E ■S C to g 'S r-l 



lu ja 



. S c S '" "^ ~ 



o «, 8 .£P^ a, -o .5 «> t: 
o o 



.2.0 



ca 



;&i;ttt| 11 

S 3 *^ 3 & S fe ■-'^ti fe 
fc H !C !i< H H H W fi4 H 



eoocoosoeoMOOco 



©O .i-H ^ 



'Soils'!'* .§ 

s k S * 5"* ^ ^ e S 



;50ioOi-ieooi-io>05«ocDc<300i 



O ■* to OS CO «D "O us I-- ■»*< t-- t-- N -J I t^ 
^;t^-<t<00COt^^0000C<lCOO3-*>O''^ '^ 



.2 s- 



*^9 

a "" 

• a & 






tt X 

a M 



.a c biios 

3 — — fcC 

to ^ O) > C « 

CC bC "^ C ^ ^ 
•73 00 .S "^ '^^ ^ * 



2 e 



to" 5 
. 6C=8 .-" 

•3 Mo S 
05 >ln .2 -^ 

I 'to ra 



aj to.2 — 
• 0^ g S S 
t5 tUT3-5 tu 

to 5 to H ^ 
§ao;S|Sj« 






»j( "^ S— ^3 r' '^ I-.* (—1 CO "^ 



lU 






^-a 2 



ag"C3_gB«BBtOB>S 

§|.£pSg5g.SPS§.sSSS 
ohwophHowoo!z;opihCs- 



•t^t^f-iccioosoicotfsooosp-ir^t^ 



(LiOeot—iM'^tM-^cDOeot^.e^m-* 



>^oo o 00 o 00 o o 00 •© 

. ■* 00 ■* CO 05 IN CO T)< 00 CD in 1-1 OS 

CO,-H,-H,^r— < i-Hr-H )— li-H 

q^(M.-l rt <M IM CO iM IM C^ IM IN 



"« 



.S o 






I S § e 



138 



Acts, 1788. — Chapter 67a. 



•0500(Me005PS<0«50«iCOi-l«3 



«; CO t^ OS •<*< CO to «o t^ t--. <x> «o h- ■* to 50 

.•^(M-+i'-iira'Ocor-i(Moira-ij<cooo I-* 

MJ OO -*i Oi CO O CO CO IM W3 O OO CO O C<I I'*' 

^(MCOi-l(M<M ^,-Hi-lrH <M^ I CO 




P £> 

• • • *''0 

13 ai to ■; CO bfl-a o (U c 6C^ ■« _ 
>" - — ^^ S -S DO „ aj a> .S w, S T3 



c:3 



.<« 



t> 

(3 X « 

• p." a 

O) tj to j^ 



S "J3 fcO.I 

if' oi a -^ c to 

•S = = s ^ s " -^ ^- 



■o 



;= to 

'77 3 »-( ' 



5 o o-^s 



j=Bo^' 



■" -S = ■" § 



2 a 



<o Z 9 'X fta 



03 C1.T- 
"^ >. ^ CD 



■S£ S^^ to !>,ff-S " « -.^ 

mil Jims' §-l| 

ts c-T^TS'a >*'!3t3'0'o ^ 3'5'3 
S 2 fl 2 2« a c a c« o 2 a 
2'^s22t>>ss=ia >^«^ 2 =* 
-a cu ^ -a .a ^^ ^ ^ ^ ^ 5^-a xj 

&jaafes;--acaa-2^2&c 
HHOHHWOOOOHtdHO 






■^0>00(M000500iX)«>0«DeO^>0 

•i;DO<3500C00STi<r-l0C'— "OOUS-* 

.000510.— i(Mt^O<MC0C0t--C050Tf 
H{ O) (M r-( rt .-I r-H ,-( rt rt ,-1 lO 



TgOOOOOOOOOOOOOO 
•b-l-^OOOt^lMCOOSiOr-KMOStN 



?^E 



^-^ -^^ o2 

So S^2 o^ s 






s o c ^ s 2--C: -s -^ ;:^ 5^.<5 ^ -S; 



•05000505500 

• ^ CO M r^ 50 <M iM 
C(Ji:OC<li-<00(^«5-* 



s "=■ 

go. 

.5 — fee D (u 

:z::;5 a &, o 

S-SS aj . g . 

"" o S •- *^ 
a >■ to a j^ 

> « a o8 'S . 
S fe <» <o 

TO to c aj ») 

-a ^ to -^ o- M • 
a g-o:;: 4>.S 
a g B^ a — 

fi " > to C3 .5 • 

>>o ^S-S^ to 

-a-O'd a f^S o 
2 £ £ > S o.a 
'O'O'd oj to o o 

a a a " t^fe fe 
a a a t>>&S -^ 

.a ,a J3 +i a ^ >, 

S 2 2 fee >• iS fe! 
a a a •« 5 .T! o 
OOOWcafapK 



r^CDCOOOSAtOO 

• t^ CO (M o> -J «5 m 
CO^r-iOt^CO-^CO 
~ I— I ■— I rH 



-gOOOOOOO 
•■»J<t--(M00eO>OIM 



» S 2"S 2-5 ^ 
a-S ft S:S^§^ 

^ -* :^ -^ CO S "^^ 

e S e e B<; ►? 
K5 -/i ^ a; C>^ O - 



Acts, 1788. — Chapter 67a. 



139 



ai(o<n 


<o 


•.Jlt^US 


•^ 


C5 too 
00 eo^ 


00 



=8 



.2 ^ 

>-^ o 
c = °^ 

C -^ a> 
3 C S 

o ai; 

4> P- to 

— a o) 



05«OC»5 
O t^'O 

05CDO 



fe,^;^, 






OC<3Tt< I 00 



><( 


M 






tfiSD 




C 


a 


























flf 


^^ 


c 


t/3 






o 


c 


s 




<u 



czjWE 



^too«o 

cc»0(M«0 

^; OCO-* 
H^t^oo >o 



§5s 






• cocDcoecoo 



; iM ■>** <M i-H eo j-H 



, -OSOOC^IOSO 


^ 


^?5 


■*(N 05 05 to 














• 










ID 












a 


V 

a 
a 
a. 


a 


Oi 










o 
C 








« 


T3 


<o 










fl 


t^ 






-CO 


03^ 






o 


a 


GO 


*" 






03 


oj 


gJ«i 






CD 00 

c a 


5 


60 

a 


IS 


m 




5 


ja 


S 


a 


a 


23 


D 


^ 


D. 










=8 




o 


D 




a 
o 


a 


-a 
c 

3 

o 
c 


a 
s 
o 
a. 


■a 
a 
s 
o 
a. 


-a 
a 
a 
o 

p. 


B 

2 


o 

■a 

a 
a 
o 


c 


^jt 




f^ 


uu 


a. 




.be 

'5 




53 


4) 

a 
o 














t>> 




<u 




t^ 




+^ 




a ja 




»8 


<2 


6: 


a 


en 


X 


•a 
c 

3 

,a 


-a -a 

c c 

s a 


P a 


-a 

3 



i ja ,a ' 

^ a a fe -a a 

eh00h;z;o 



-Q M CD to eo ?o o 
• OO U5 00 t^i-1 

CO ,-H t— 4 rH 

. ■* C 00 00 IM '-' 
".-HrH (N i-H 



■^ OOO OO o 

• (M ■* t^ CO too 

- • -^h^COOOOO 
HJ(N IN (M •* .-H ■* 



!^ ti ?> o,S *> 
t? e «j !^ >i-« 



140 



Acts, 1788. — Chapter 67a. 



►^0>O05OOJ<35DC0C0t0OCv3OOOC005C5e005OOOC005C0O0iMC0 
•000500030<OOiXlOC<l<MCCiC005CO'-HMCOOOlO.-cOOt^iC'-l05>-li-l 

HJococo^3co^:^^^t:^050ooOl-ll^^<M05— <e<3^>-ie<5t^ot^05-*a530t>.>— iio 

(Mi-Hrtr-t 1-1 r-Ci-d-l rH rH r-(i-l rH i-l i-H t-1 



a u ' ' ' ' <o <o • <o 

5 a (u " m " " 

««« I =«g 8S,B 5=« ^ a ^^^ 

SS'S^S g^£>< SS.S ^aS-S«~=»5«S ^ = 5 
Slca,„ .Sa^x -2.23 •S>^nc^«^"g^§' -"^Sf 

«. x-^-SS • »S ?rSD,„ fe^ c ^5 «= c-g-o g£xi w;.a«.S= g o 
p.p,«<uS!^i=-cS-S«SagS^o»-cpg<c3siJ<«-£:Sgcgo 

p g-a-ts g^« ^ c" al-^s ^^> § s a§ ""3 sa >-s a^- 

tROai*^.2£=^a,^>H;>,(,^=g-«;;-M>,^'a--g«a)i»gg 

«>Ct3ti3'o=ia'^gowM-w|ioc~a-S'i3S=c_aP"n2 o.^ «= 
'53^'ardOg'aS^'^c'0'a'«^'=''ao'a'r3'T3'ag2aHa^'^'a 

HI 




-^05'fflO>005C<SCDCDCOtf>OCOOOOe<30505C005000e005C<500JC<5CO 

.05t^C<3(M0i00-*r-irJi-^OiO05-*«0t^'!)<OOi-H00t^OCCI05C0C0Or-l.-i 

.■IMt^'-l05<Mt-~-*iraC<l«500000T»<(Mt--COOiOr^'*<t^CDasO»^^'-'COO 

Hl'eOi-i'-i'-iioo'Oiot^t^iooooor-.Oi— icoooo-*t^cot^-^t^oo«Ococ^ 

"C^r-lr-lrH — .-Irt r-1,-1 ,-(,-1 f-I 



•qOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 

H{ CO r-l (M r-H rt I-H i-H I-l I-H I-H IM IM (M IM (M r-( I-H <M (M !M !M i-H I-H i-H i-H (N CO 






o p- 












Acts, 1788. — Chapter 67a. 



141 



oot--^coo»coo^oococo 

0500iCi-*OlMt~-C0>rar- 1-*03 10 lo 



Ctng, « goo ^fl 

. "oS gg . ft . a,-2 .=8 ^ 
co§£o| -oJcsS^og 

<0 "O 0.73 2 ft '^ O ft"^ u -TS o 
.2£a>£oOCfta^£3£ft 

g^s'^§s>--bt^g^^ 

> ^bCg > tc;^ j:; C g > ?i ?H 
a}OWOt»Wa!pii!?;OHOCi4 



0»t^«DCOOiOOa>OOe<3CO 


CO 


COCOOlOCOCJOOCOCCCDtOt^ 


10 


l0--C0>C)00t^>ClCD0il0-*OO 






©000000 


00 


•0 • 


© 


t^ CO -^003 --co 


^05 


CO 


t^ 


?5^,?32?3^;^ 


s^ 


Oi 



in 

4rt 












;oooocoo5«docd05i:dO':D5Dcd 

■ OCOt^-*<lCTj<CX)C0005COt^OCOOi 







. «3 

8 " 

iH in 



ai 03 T3 



a 
a> 

Ift" 

.M "= bo 



•S gc „»8 a„ 

» '^ ^ = ■- ^ *" S) g, §D OS 

+^-^ coo.Q.Coft2^a*^a 
c a a c r^ S c .Sf'T^ o S c ? a 



o o 



>, a^ ftaj 






'SOOOOCOOSCOOTOOltOOCOtDCO 

."*coiO'*"Ococeo>oO'— it--?oco05 

CO 1—1 I— I 1— r .— ( 1—1 I— I 1—1 1—1 

.•M00tDas0i(M(M000>r-cOi-iTj<05C0 



•<s©©© • •©© 

• «D 00 C-l 1-1 00 



o©o 

IOCS t^ 



e,^ CM CO o 50-^ <o CO © 



.^ j- «' 2 «-s^ Sv^ o ^ 2 ?> s «^ 



142 



Acts, 1788. — Chapter 76a. 



; CO CO too 50 05 



P^; iCl-H (M OJ r-l o 

^ ■* TO (M •"-! i-i 1-1 









3$«B"h 



KJ^-g c =» « 

p,"-^© o 5 to 
> §•" o p<2 

1- (U S' >• _, 

•^ s: B (u fl 






•^ eo to 50 O 50 Oi 
. itSt^t^O O 05 









. TO •-' (M a> -1 o 

Vj TO TO Ol r-H ^ >-l 



««-- 















•OOtOCOCSCJtOOOJOOOTOOOS 

c^OOO'^OSiOtOTO^TOOtOOl'^'^tO 

.•'if^CO-^OOt^tOtD-^COl^Oi-iOtD 
H^C<l«CtD!r>tO>O00r—(lC00TOTOC<).-lrH 



llltfiili 

•^ 3 "^ ~ ft d, p,-- ft 
« "-SS S S !^ " a 
.SP2 s 2 «'S " S c -01 



2§^g§S:5S^ = 5 



feo ."2 

•3 -^ 

._ c « fl ~ 

ja o) bo <u s 



"•Ol ftO^ 



) oj n <i> 
^.« T. .P £ 'E 43 « h; _ ,„ m =« :=: 



exj 



>>>>i 



'O "^ oj 



" i> 






llMiiMiml^ 



a &,ftm 



T3 -a T) '^ ft ft p. -a 

<D <U (U OJ -S « hn <1> ■" hr.il .tj "" e -^ 

c a c c .»:< ss .^" c s= .SP3 S & S X 
OOOOcolJHWOfuWHHHHoQ 



^OOtO«DOSOSt00050©OTO©OJ 

.00000':»<m;Ot^C5TOCD0005TiH.<JlCO 

.•OOiO-^OOCOI^TOin'^TOTOOr-lOtO 
HJOTOtO-^tOiCt^-OlOtOtNTOC^Ii-l,-! 



;©ooo 
• 00 to 






o© 



o© 

■<*ao 

<M r-l 



si 






?^'^S 



•3 O 00 






Acts, 1788. — Chapter 67a. 



143 



O «0 CO CO 
«DO ■* 00 
CO C^ 'O 0> I CO 



a '-' o 

DD to 00 t- 

be 60 tC/3 



c 

O QJ CU — . 

c:r-5T3 <u 

a c a to 
o a D-s 



S > S o, 
•'5'iln 



O CO CO CO 
«0 Oi •* 00 
CO<M lO 05 



5^ ~j 

C<; s'-S 



^0>OOOCDC50JCOOOOCOC50CiCT>COt-.CD05CO^O 

•<NOl^05(Mt^OiOOOCOO'CCO<M'^'-l'-'05>0'CCDlMO 

r,tQOOC0050t^.-'i-(!>JCOC£)'--COt^tO>-''-'t^t^COOC5t^ 
H{oOOO-*-*it^tDeo<0'i<CO'M(N'O^CO!M r-iiC^H f-H 



3S3 



^^ G O) 



.>S^ 



- 2 >= 



,<^ 



HP. g^-ft go g 






^ .2 S 2 "'^ S P2 "3 
lion's "^'=^ !!'9 "= 
'3j3 - P to g „ a 

>. +j H oj 4j is 



•a.-g^'E-Sll's 






13^ 



OfQ 



SS^^-s g §£ §(2 o^ gS g o a^ §;S- -I 



?5 3oi 



OPh 



■^ ■= "S .2 o "" c S S ^ -r:; " ■" > 

-^ -2 S biS" g ^^^ t-r g g >.^^ 0. ?^ - ^ , 
OOWP^EntctcHf^CHHHHf^PuHHcocc&iH^iB 



>-, p. a> . 
'^- — fl c . B. B 



■^OSOOOJeDOSOJCOOOOCOOSOOlOlCOt^tDOlCOrHCO 

^«0«D>C05'i<tOi-IOOt^eO«3>000->*<-*i-li-lOJlO>OCD(M50 

Ci)-+i00lOCiO5O55D.— ltl<00C0'-lC0-*C0i-l'-it^t^f0O05t^ 
^tO500t^^CO-*'*iCOCOT»<C0C^(M'l'^COC<I I— lifj— I --I 



-^ooo -ooo •© • • • -o 

e,i':D-*C<l 00-*lOO CO 00 

T<i-lt-l.-l (Mr-( i-l i-l 

«'?'sSegr)'o,^-o?5S"§~Se5o „,<"§ 



144 



Acts, 1788. — Chapter 67a. 



; ■» oj o CO CO CO 



• i-c o> oo CO eo CO 



,^ i-H a> o "o CO o :: - 

. C30 00 CO O ■— I "-H - - 

• o icico r^oo o - ; 



3 CO CO CO <35 CO O 05 CO 05 O 
-COl^>raC<l-*-«J<5D i-H (MCO 

.-H r-( <M |-H(M CO 1-1 rtl-i 









oa w) s _ 

bt-- bDJ3 W;— 

15 ja — a> — "" 
■'3 (u-a^-S «^ 



to " (u ci.a oo 

Ph c 5 & cP-i 

CD -^J -Q »-• (D 



=« 



>• CO 



■S.5 ^ 
?«:=■«> • 

3 'S !«! (u -a E ■ 

3 O S 00 o 

a, Oh ©"^^ M 
-a a> Ph 3 bt-o 

O 7^ 55 Ph t.,§ 

_ u,.a (u S _ 

C-s bO(> fe C 



5i8-^a5 

fcr " — C 



a id 



<i8 



.55 Qd 



ir- «j ^ -S 



:« f 



._ to ,Q ^ g j„ 

" CO c fe ca-E 

"2 c o oj 00 a CO 
5 a o,T3 T) o -73 

PCL, 5 s = ^ S 
O O O B O 

O 53 "w Ph a o pu 
S 2 .^ ■» bf ■" 
g oj a> a, S .i: 13 



~ .a "^^ 



Ph 



-a -a 
a a 

3 3 

o o 






T3 CO 05 O CO CD CO 
^ i-H <35 GO CO CO CD 
. • <M 00 C» CM CO O 



"^ii^i-H 



CO 



(M 



-^i-lOlOWSCDO S S 

c^ 00 CO CO © i-H i-H - .• 



CO CO CO (35 CO O OS CD 05 © 

CO t>- lO (N "* ■^ CO I— I (N CD 

OSt^'*(N©Tt<(M t^ iO(N 

■-H^(^^l-ic^^cof-l i-hi-i 



S ^ 



^^O^l^b^ 



s^-^s^; 






• c3 « 7; «i S <3 ty 

«2 S^S-S S-^ " 



2 "^ 









^^ •«0 ^ CO 



■^►^■o e 






Acts, 1788. — Chaptee 67a. 



145 



C>CO<DC<3«D 









03 ej 



oj 



C CO 



bo =; .5 2 := X :s 



« 






fcc 



o 



„ fB J2 'O CO 

c a 5 B s 

s == 5 o 2 

a C C aj fl 

" 4) <U O) D 

■2 .2 .2 S >< 



O to «OCO «D I 
lO(M IM W300 I 

,-1 COiX) MCO 



.9 e 



O.Oi 



IM lO ?D §0, 

^ 5 



►ir ki^ ^y 






i2 o 



^OS05COC005CDMt35050<350COOCD'fflCOeoeOCT>05 

• ■^ooTti.— iinoiooioiooocoi— i03ooc<ii— it--t~ooo 

. "O t— <M (M CO Tf (M 03 in m (M ira (N O to W5 •* CO ■* CJ ira 






' ?J C, a> 
^ ~ °8 '3 a> 



^ OJ 2:: 



=«. 



:=3 



be C .S ffi. P-:2 S-S aj 0^ c 
a O) — bij ^, .~ 5^ J V o 

^^p^^.^co. — I _<DbJJ 



tc"-- S 5' 



(D bD 



c^.„ CO ^ j..„ g 



n M o « ,„ 



bC=5 
^ R CO 

•c<!s bo 



oa a, 



g.sgS-Sco 

^e !- _ bO • 

-a^ g soS g 

^ ^ - " O) CO 2, 



^ CD 

■" bo 



^ r- ■ — ^ ^ F^ 



CO mS = .S bc= '3 



bO.S 



§ S; g § 8| OS'S § " a^ S-is-S S £ o gS 



CD c 



>>ai 



ii2 c >> 



o a? a -s^ -a 



D <U 13 



S^'S c 



2'0 tn 



5 S &: fe s £3 5^.^ c c c£ g go §'2^ 

Q<JCD+->*J^CO-W<4:iCOr/5^r^r^tJ-(!^_WQjrJoa'::5S^ 






.. „.^„ o -^-w^ «.§§§&- g op, g^2 c 

(DCDcuai^cuaiQgcuP-iP-iP-icoaJB'^cDaip, 

-S "S -S -5 -a-S 'S'S o-a o «3 o-o.-cc'SS'S^ <u 

eCBe.5BBa!sa.ijooe.EPS5h=ae^ 
OOOOccOOOfeOajftHptiOWHajCiHOOiii 



'^05C3iTO5D01«OMO>c3i05CiOC<50iffl?OCOtOeO<3305 

«;t^omcoiMoo>no>o>-i-*t^t^co(Nioooo505'*© 
o^ooeooicoi— i>o05-*ioooc»or-.eo-«i<c<ii— 105000 



tJOOOOOOOO 'OOOOOOOOOOO 

o;i^ooC300cOi-iiq«3 Tt<-^cD-*cDcoi^<rooooOTt< 

c,; t-~ •* <M •* t- OO ( 

H< .-I r-H (M r-l ,-C ,-!( 









^s 






sf-i^l 






:;'e 



146 



Acts, 1788. — Chapter 67a. 







,^inoo>co 


o 






^ 






^ 


,• CD Oi 5D t^ 


,_, 




09 


=^ ^—i 






•4-* 








o 


, * "— ' GO Ci Oi 


o 




"Hjt^CO (M 


lO 








s 








^ 






(U 








. . . u 








n 








<u 








p. 








<B • • « 








peno 
thre 








"o 








>< S a 








■S S)§ § 








^5§,S, 




o 




jor2 (D.a 




w 




tpj BS 




fi 




a tn.-rS 




Hi 




i=g5» 




o 




jq <D°° d 




o 
o 

1 




3s six s 
is ninet 
hillings 
(Is seve 




&5 




Pouni 
Pounc 
3 six s 
1 Poun 




ft; 






S 










enty one 
rty eight 
>e Poundi 
enty nine 




o 








^ 


rn" 


1^ cDO o»eo 


o 


H 


aaf 






;z; 


_Oi-i 


o;ooo5i»t^ 


<o 


P 


l§ 


^S?^'^?^ 


05 


o 


ex - 


CO 


o 


t-co 




CO 




&<=+t 












^ 




o 








> 


r^OO • • 


o 












C3 


Ji'^'^ 


«5 




cb 


^ >-H «— ( 








^■="2 


i-H 




^ 




CO 








■-+^ 




M 


























Ho 








&1 • 








s s 








C> '^ 








■i3< 








. ^« . 
















als2 





iciocooocoeocooio© 
>coi— ico-^Tt(c^c<icocot>.'— ' 



B p 



-"^ <U 00 ,„ 

. '3 CO 2 ** S) • 

• a wi^ O §> 

. S,^ =« 3 3 .2 

a a> S a> 5^ -^ 



«, a (U 






o o 
o a „ 

(U (U g 

» O S tu 

• '5 t^ aj a 

--i-a bDp 

•2 g.S * 

B>3g> 

— a-oStctooi^iHaja 

ag u a =°« a5 a 2iS 

at^ooS'Soooo'^^S 
o ^^ ȣ ^ a^a ^ o 5 

?'aa-s-aSa>'°="'73.3 

^3^73«-'g£|-Sa 

3a)<u?^t3'-)s'3-3aja 

•-a 2 2-3 ££fl a fl a ^ 

^ te-"-"3eaa-B^c° 
a^bb-^ a a o c aj g >^ 

o) tj D CI ?r o o j2'*^ oi g o) 

O-O & &: £ & &:!S.>< s: O & 

fj-iHEHCOHEHpHOiHCuH 



osococDOeococoosoo 



;DC5COOSTt<(MlO(NO'*CD 



GO ^+1 •— I O t^ C<I(M -O >0 1— I CO 00 

CO CO(MCS -t<r-lr-li-li— I 



00 rH 
. 00 



o o oo 
t^ c-1 CO lo 



CD h~05 ■-! 
t^CD (M CO 
t^lM CO 



OOOOO 
t^r-H COCO lO 

CD ■* ^ CO i-H 



^CS-^' 



CO 






Acts, 1788. — CuArTKR 67a. 147 

And be it further enacted by the authority aforesaid, That 
the Treasurer of this Commonwealth do forthwith send his 
warrants directed to the Selectmen or Assessors of each 
Town, District, Plantation or other place within this 
Commonwealth, that are taxed as aforesaid, requiring 
such Selectmen or Assessors respectively, to assess the 
sum hereby set upon such town or other place, in manner 
following, that is to say, — To assess all the male Polls 
above the age of sixteen years within their respective 
Towns or other places next adjoining to them, belonging 
to no other town or place, provided such places were 
returned in the last valuation, (including Negroes & 
Mulattoes, & such of them as are under the government 
of a Master or Mistress, to l)e taxed to such Master or 
Mistress respectively, in the same manner as Minors & 
apprentices are taxed) at two shillings <£• threepence each; 
& the remainder of such sum so set to each town or other 
place respectively as aforesaid, after deducting the sums 
assessed on the polls as aforesaid, on the inhabitants of 
such town or other place as aforesaid, according to the 
just value of the whole real estate by each inhabitant of 
such town or other place, respectively, possessed on the 
first day of May next, in his own right or right of others, 
lying Avithin the said town or place, improved or not 
improved, & on the Non-resident possessors of real estate 
lying within the said town or place in their own right or 
right of others, improved or unimproved, saving all 
agreements between landlords and tenants, & where no 
agreement is, the landlord to reimburse one half the tax ; 
& also on the inha1)itants of such town or place, & other per- 
sons possessing estate within the same, according to the 
proportion of the amount of the just value of their per- 
sonal estate, including monies at interest more than they 
pay interest for, although the same be secured by an 
absolute conveyance of real estate, if a bond of defeasance 
or promise of reconveyance has been given (excepting 
only such monies as are lent to government, & by an act 
of government expressly exempted from taxation) monies 
of all kinds on hand, & also the just amount of the value 
of all goods, wares & merchandise, stock in trade, vessels 
of all sorts at home or al)road, with their stores, appur- 
tenances and appendages, plate, horses, oxen & cattle of 
all kinds & ages, swine & grain of all sorts, & all kinds 
of the produce of the land, & all other property of what 



148 Acts, 1788. — Chapter 67a. 

kind soever (excepting sheep, household furniture, wearing 
apparel, forming utensils, & tools of Mechanicks) on the 
first day of May next : And the Assessors of the respec- 
tive towns or other places as aforesaid, shall estimate all 
the before enumerated articles at six per Cent, upon the 
real value of the same, in the places where they are 
(excepting unimproved lands which shall be estimated at 
two per Cent) & on the amount of the incomes of the 
inhabitants within their respective precincts as aforesaid 
from any profession, faculty, handicraft, trade or employ- 
ment, or gained by trading by land or sea — And the 
Treasurer in his said warrant shall likewise require the said 
Assessors respectively, to make a fair list of such assess- 
ment, setting forth in distinct columns, against each per- 
son's name, how much he or she is assessed at for polls, 
how much for real estate, how much for personal estate, & 
how much for faculty & income by trade as aforesaid ; & if 
as guardian, or for any estate in his or her iraprov^ement in 
trust, to be distinctly expressed ; & also insert on their 
rate-bills, the number of acres of unimproved land, which 
they have taxed to each of the Non-resident proprietors 
of lands within their respective towns or places, & also 
the real value at which they have estimated the same ; & 
the list or lists so compleated & signed l)y them in man- 
ner as aforesaid, or l)y the major part of them, to commit 
to the Collector or Collectors, Constable or Constables of 
such town or place respectively, with a warrant or war- 
rants in due form of law for collecting & paying the 
same, to the Treasurer of this Commonwealth, on or 
before the first day of January next ; & to return a certifi- 
cate of the name or names of such Collector or Collec- 
tors, Constable or Constables, with the sum total to them 
committed to collect to the said Treasurer, sometime before 
the first day of October next. 

And whereas there are many persons within this Com- 
monwealth who are engaged in trade & and who ahnost 
entirely negociate their business S hire shops, stores or 
wharves in other toivns than where they dwell or reside, & 
lohose property & ability in this regard cannot be so well 
known to the Assessors of the several towns wherein such 
persons divell or reside, as to the Assessors of the several 
towns loherein their business is trarisacted as aforesaid: 

Be it therefore enacted by the authority aforesaid, that 
all such persons within the description aforesaid shall be 



Acts, 1788. — Chapter 67a. 149 

assessed & pay taxes for such of their goods, wares, mer- 
chandize, stock i#i trade, ships & vessels as are sold, used 
or improved in other towns than where they reside, in 
such towns, & by the Assessors thereof, & not in the 
towns where such persons dwell or reside, & they shall 
accordingly give in on oath if required, a list of their 
whole estate to the Assessors of their respective towns or 
places of residence, distinguishing what part thereof is 
rateable in other towns, & in default thereof shall be 
doomed by the Assessors respectively ; provided ahvays, 
that this clause be not in any case so construed as to 
enaljle any town to tax any inhabitant of any other town 
for any estate for which such town hath been charged in 
the last valuation. — 

Pi'ovided nevertheless. And be it further enacted by the 
authority aforesaid, that the following persons viz. — The 
President, Professors, Tutors, Librarian & the Students 
of Harvard College who have their usual residence there, 
& who enjoy no other pecuniary office or employment 
also settled Ministers of the gospel &, grammar school 
Masters, are not to be assessed for their polls or estates, 
unless their estates be not under their actual manage- 
ment or improvement, or not in the Parishes where 
they are settled ; & also all persons who have the 
management or improvement of the estate of Harvard 
Colledge are not to be assessed for the same, nor Indians 
for their polls or estates ; and if there be any others who 
by reason of age, infirmity or poverty are unable to pay 
as others towards the public charges, or any widows or 
orphans, who depending on the interest of their money 
for their subsistance, or who by receiving paper money 
in the course of the late war, have been so far reduced, 
as that, in the judgment of the Assessors, they ought to 
be relieved in their taxes ; in any such case the Assessors 
may exempt the Polls & estates of such persons, or abate 
any part of what they are set at as they on their oaths 
shall deem just & equitable. 

And be it further enacted by the authority aforesaid, that 
the Justices of the Peace at their respective Sessions in 
their several Counties, when duly authorized for the assess- 
ment of a County Tax, shall apportion the same on the 
several towns or other places in their respective Counties 
as aforesaid, in the proportions of this tax : And the 
Assessors of each town, parish or other place within this 



150 Acts, 1788. — Chapter 67a. 

Commonwealth, in making County Town or Parish taxes 
shall govern themselves by the same rule, having regard 
to all such alterations of polls or of })roperty as may 
happen within the same, subsequent to their assessing this 
tax as aforesaid. And the Assessors of the several towns, 
which by this Act are charged with the pay of Represent- 
atives shall assess such additional sum on the polls & 
estates as aforesaid within their respective towns, & shall 
apportion the same in the proportions at which such polls 
& estates shall be respectively set for raising the said sum 
of Thirty tivo thousand six hundred Jive pounds eigJiteen 
shillings & one penny. 

And he it further Enacted hy the Authority aforesaid. 
That the sum oi fifteen pounds & one shilling, be assessed 
upon the Town of Bowdoin, in the County of Lincoln, and 
the same proceedings shall be had for the levying & col- 
lecting the same as herein and by Law are provided, 
respecting the tax herein granted, and to be Assessed 
upon other Towns. 

And he it further enacted hy the Authority aforesaid, 
that the further sum of Forty seven Pounds & eleven 
shillings, be Assessed upon the Lands comprehended 
within the Claims of the heirs & assigns of the late Briga- 
dier Waldo, which are not liable to be taxed by virtue of 
any preceeding clause in this Act ; & the Treasurer of 
this Commonwealth shall send his warrant to the Sherifl' 
of the County of Lincoln, requiring him to collect the 
same, in the same manner as Constables or Collectors are 
authorized and directed to proceed in the Collecting of 
Taxes laid on Non resident Proprietors of unimproved 
lands, and to pay the same into the Public Treasury on 
or before the said first day of January next. 

And Whereas sundry towns in the County o/" Berkshire, 
have heen abated in the Valuation, hy order of the Gen- 
eral Court, i7i consideration of the Alterations which, such 
towns have suffered hy the running of the Line hetween this 
State (& the State of New York ; 

Be it therefore further enacted hy the Authority afore- 
said, that the Treasurer of this CommouAvealth shall make 
and deduct those Abatements in and from the several 
Sums herel)y set against such Towns respectively, before 
he shall issue his Warrants therefor. February 14, 1789. 



Acts, 1788. — Chapter 68. 151 



1788. — Chapter 68. 

[December Session, ch. 29.] 

AN ACT TO PREVENT THE DESTRUCTION OF THE FISH CALLED 
SHAD AND ALEWIVES IN MYSTIC RIVER, SO CALLED WITHIN 
THE TOWNS OF CAMBRIDGE, CHARLESTON AND MEDFORD, 
& FOR REPEALING ALL LAWS HERETOFORE MADE FOR THAT 
PURPOSE. 

Whei^eas the fishery in Mystic river, in the County of Preamble. 
Middlesex, if properly regitlated, will be of great public 
utility, as it serves to promote llie Cod fishery, & is also 
of advantage to the particular toivns thrd" ichich the river 
runs, affording in some measure subsistance, & support to 
the Inhabitants thereof, & is therefore necessarij to be 
p)reserved. 

Be it enacted by the Senate & House of Representatives 
in General Court assembled and by the authority of the 
same, that the inhabitants of the towns of Cambridge, Towns em- 
Gharlestown and Medford respectively, at a town meeting chrole\com- 
to be held in the months of March or April annually, at '^"*"" annually, 
the time of choosing other town officers in their respective 
towns, be, and they hereby are authorised & directed to 
choose for each of said towns, three suitable persons, in 
their respective towns, as a " Committee for the jn-eserva- 
tion of Fish," who shall be sworn to the fiiithful discharge 
of their duty ; & the said Committee, or the major part 
of them, in their own town, shall have full power &, au- Their power 
thority, to cause the natural course of the said river, & 
the streams runing into it to be kept open and without 
oljstruction, & to remove all such obstructions as may be 
found therein ; & to make the passage way wider or deeper 
if they shall find it necessary. And the said committee or 
a major part of them, in their respective towns, shall have 
authority for such purposes, to go on the land of any per- 
son which may border on said river or streams, without 
being considered as guilty of a trespass, & to remove 
across such land any such obstructions, implements, or 
tools as may in any way impede, ol^struct or hinder any 
fish from passing freely up & down said river or streams, 
otherwise than by this act is provided. And any person 
who shall hinder or obstruct said Committee or a majority 
of them, whether in crossing such lands, or in executing 
any part of the business l)y this act assigned them, shall 
forfeit & pay for every such oflencc, a sum not exceeding 



152 



Acts, 1788. — Chapter 68. 



No fish ehall be 
caught, except 
as provided by 
this act, &c. 



Penalty for 
offending. 



Times set for 
inhabitants to 
fish. 



Every inhabi- 
tant ehall, in his 
own town, have 
the right of 
catching fish, 



Three Pounds, nor less than Twenty Shillings, to be re- 
covered in any Court proper to try the same. 

A7id be it further Enacted by the authority aforesaid, that 
no shad or Alewives shall be caught in any of the above 
mentioned towns, above Medford Bridge, in the said river 
or streams, or in Mistic Pond, or Spy Pond, whether 
with a seine, drag net, marsh net, basket, or any other im- 
plement of that kind, or made to answer such purpose, 
except as is hereafter in this act provided : And every 
person oflending herein, shall upon due conviction, forfeit 
& pay the sum of Three Pounds for every such offence, & 
shall also forfeit the implements or tools used in commit- 
ting the offence. And no person shall at any time, place 
any kind of obstruction in said river, streams or ponds, 
which may obstruct or hinder any shad or alewives from 
passing up or down the same. And no person shall be 
permitted, by disturbing the waters aforesaid, or l^y any 
other means, to restrain or interrupt any of those fish, in 
their passage up & down said river & streams. And every 
person oflending in either of these particulars, shall upon 
conviction forfeit & pay the sum of Three pounds for 
every such ofience ; and every ware, net, or other obstruc- 
tion, matter, or thing placed or used for such purpose, shall 
also be forfeited, if found in any of the waters aforesaid, 
& shall be disposed of by said committee or a majority of 
them, for the same purpose as the other forfeitures are to 
be applied to l)y this act, so far as the proceeds of the sale 
shall not be necessary for the particular appropriations in 
this act. 

Be it further Enacted by the authority aforesaid that in 
order to secure to said towns of Cambridge, Qharlestown, 
and Medford, their equal benefit from said fishery, the In- 
habitants of the town of Cambridge, shall within the limits 
of that town, have full right to catch with any kind of net, 
seine, or other fishing implement, any Shad or Alewives, 
on monday, tuesday & friday in every Aveek, from the 
first day of March to the last day of June inclusively ; and 
the inhabitants of Charlestoion and Medford shall in like 
manner, in their respective towns, have full right to catch 
any shad or alewives, in the waters aforesaid, on monday, 
Wednesday and friday, in every week included in said 
term. 

Be it further enacted by the authority aforesaid, that 
every person being an inhabitant of either of those towns, 
shall, each in his own town, in the river, streams & ponds 



Acts, 1788. — Chapter 68. 153 

aforesaid, with any kind of fishing implement, on those ^"^^^f^^^^f 
days only which are with respect to each of said towns 
beforementioned, have the right of catching said fish, be- 
tween sun rising on said days beforementioned, until sun 
rising on the next day ; and no obstruction, instrument or 
tool, shall be set, placed, or used for the purpose of hin- 
dering or catching of the fish aforesaid, in the waters afore- 
said, till the sun shall be risen on said days, nor shall any 
such instrument, be permitted to remain, or be used, in 
said river, streams or ponds, after the rising of the sun as 
afore mentioned ; and no such obstruction shall be allowed 
to be placed, used, or to remain in said river, streams, or 
ponds, on any other days or times, than is herein limited 
and prescribed, under the same penalties & forfeitures, to 
be incurred by any & every person, placing or using the 
same, as are provided by this act, to be forfeited & paid 
by persons catching said fish, except as this act provides. 

Be it further enacted by the authority aforesaid, that if habTiantl^Jrany 
any inhabitant of any other town, shall at any time take t^^fo^i^d'ej. 
or hinder shad or ale wives, within the limits of either of shadoraie- 
said towns, without leave first obtained from the Select- leave.' 
men of the town in which he shall take or hinder those 
fish, or unless the person taking or hindering them shall 
be immediately in the employ or service, & labouring for 
the benefit of some inhabitant of such town, every person 
so offending, shall upon a due conviction, forfeit &, pay 
the same penalties & forfeitures as by this act are provided 
against persons taking, obstructing, or hindering said fish, 
at any other times than those particularly permitted. 

Beit further enacted hiithe authority aforesaid, that the committee 

' • • 1 • • authorized to 

said Committee or a majority of them in their respective seize, remove, or 
towns, shall have full authority, to execute this act, so far ment^.^usedfoV 
as relates to seizing, removing, & selling any implements, J'akfng'afh^&c. 
or tools, used for hindering, taking, disturbing or turning 
back the fish in said river, streams or ponds, and in, and 
after, the execution of said trust, they shall not be con- 
sidered, as guilty of a trespass therein, nor shall any ac- 
tion lie against them, or either of them, for any necessary 
damage done to the lands or fences, of any person in exe- 
cuting said trust, but if the proceeds of the sale of said 
implements or other materials shall be found insufiicient 
to defrey all the necessary charges, and the reasonable 
fees of the committee, not exceeding four shillings to each 
committee man, for each day so spent l)y him, and also all 
reasonable & necessary assistance, then the remainder of 



154. 



Acts, 1788. — Chapter 69. 



Penalties, how 
recovered. 



Limitation. 



such damages & costs shall he recovered in an action of 
debt to be bro't by the persons to be benefited by the 
same ; whether committee men, or persons owning the 
lands or fences damaged, with all the costs of suit against 
tlie person, committing the offence, in any Court proper 
to try the same, within the County of Middlesex. And 
the said committee, or any other person may sue for & 
recover upon due & legal conviction, in any Court proper 
to try the same, all penalties Avhich shall arise or become 
due in their respective towns, for any breach of this act, 
either upon action of debt, or upon indictment, or infor- 
mation ; one half of the penalty to accrue to the person 
recovering the same, the other half to be paid to the 
Treasurer of the town where the oftence was committed, 
for the use of the poor of the same town. 

Be it further enacted hy the authority afore.mid, that all 
fines & penalties, that may be incurred for a breach of 
this act, not exceeding Four Pounds, may be sued for & 
recovered, before any Justice of the Peace, for the County 
of Middlesex, saving the right of appeal to any person 
aggrieved, by the sentence of said .Justice, to the Court 
of General Sessions of the Peace, next to be holden for 
said County. 

This act to be in force for the space of five years from 
the first day of March next, and no longer. 

February 16, 1789* 



Proviso. 



1788. — Chapter 69. 

[December Session, ch. 21.] 

AN ACT FOR SETTING OFF BENJAMIN HODGES FROM THE 
TOWN OF STOVGHTON & ANNEXING HIM TO THE TOWN OF 
SHARON. 

Be it enacted by the Senate t6 House of Representatives 
in General Court assembled, & by the authority of the 
same, that Benjamin Hodges with his family & estate 
lying in StougJiton adjoining to Sharon line, be, & are 
hereby set ofi" from the town of Stoughton & annexed to 
& incorporated with the town of Sharon. 

Provided nevertheless, that he the said Hodges pay to 
the town of Stoughton his proportion of the debts that the 



* Approved February 16, 1789. 



Acts, 1788. — Chapter 70. 155 

said town now owes, to be computed according to his pro- 
portion of the last State tax. 

A.7id be it further enacted by the authority aforesaid, that proportion of 
the Assessors of the town of Stonghton be & they hereby ^ebt. 
are authorized & inipowercd to Assess upon said Hodges 
his proportional)le part of the Del)t the said town of 
Stoughton now owes as aforesaid, & to commit the same 
Assessment to a constable of the town of Stougliton, who 
is hereby authorized & impowered to collect it in the same 
way & manner, he could have collected it if said Hodges 
had still remained to the town of StougJiton. 

Fehrimry IG, 1789* 



1788. — Chapter 70. 

[December Session, ch. 22.] 

AN ACT FOR INCORPORATING THE PLANTATION NUMBER ONE, 
ON THE EAST SIDE OF UNION RIVER, IN THE COUNTY OF 
LINCOLN INTO A TOWN BY THE NAME OF TRENTON. 

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 Number One on the east side Boundaries. 
of Union river, and included within the boundaries here- 
after descril^ed ; beginning on F'renchman^s Bay at the 
south west corner bounds of Township Number Two, and 
bounded on the east by the west line of said Township 
Number Two, northerly by the south line of Townships 
Number Seven and number Eight, westerly by Union 
River and southerly by the Sea to the bounds begun at, 
together with the inhabitants thereof be, and they are 
hereby incorporated into a Town by the name of Trenton, : 
And the said town is hereby vested with all the powers, 
privileges & immunities which other Towns in this Com- 
monwealth by law do or may enjoy. 

And be it further enacted, that Nicholas Holt, Esqr. be, Nicholas hou, 
and he hereby is impowered to issue his Warrant, directed meeting.'"^ 
to some principal inhabitant of the said town of Trenton, 
requiring him to notify the inhal)itants thereof to meet at 
such time & jdace as he shall therein appoint, to choose 
all such Officers as towns are by law required to choose, 
at their meeting in the month of March or April, annually. 

February 10, 17S9* 

* Approved February 16, 1789. 



156 Acts, 1788. — Chaptbks 71, 72. 



ItSS. — Chapter 71. 

[December Session, ch. 23.] 

AN ACT FOR INCORPORATING THE PLANTATION OF GOLDS- 
BORO' SO CALLED, IN THE COUNTY OF LINCOLN, INTO A 
TOWN, BY THE NAME OF GOLDSBORO'. 

Be it enacted by the Senate & House of Representatives 
in General Court assembled & by the authority of the 

Boundaries. 6*awie, that the plantation of Goldsboro\ included within the 
boundaries hereafter described, begining at Frenchman's 
bay, at the bound mark, between Goldsbord' and town- 
ship number two, thence runing easterly by the south 
lines of townships number two & number seven to Golds- 
boro' harbour, then easterly, southerly and westerly by the 
bay to the bounds begun at, including 8tave Island, Jor- 
dan's Island, Ironbound Island, the Porcupine Island, (so 
called) Horn Island, Turtle Island, and 8cooduh Island, 
together with the inhabitants thereof, be & hereby are in- 
corporated into a town by the name of Goldsboro\ And 
the said town is hereby vested with all the powers, priv- 
ileges and immunities which other towns in this Common- 
wealth by LaAV do, or may enjoy. 

Alex Campbell, j^^d ^q {f further Enactcd, that Alexander Campbell. 

Esquire, to call . iii ^ • i • i- 

a meeting. esquire be and he hereby is empowered to issue his war- 
rant directed to some principal inhabitant of the said town 
of Goldsbord' , requiring him to notify the inhabitants 
thereof, to meet at such time & place as he shall therein 
appoint, to choose all such Officers as towns are by Law 
required to choose at their meeting in the month of March 
or April annually. February 16, 1789.* 

1788. — Chapter 73. 

[December Session, ch. 25.] 

AN ACT FOR INCORPORATING THE PLANTATION NUMBER TWO 
ON THE EAST SIDE OF UNION RIVER IN THE COUNTY OF 
LINCOLN INTO A TOWN BY THE NAME OF SULLIVAN. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
Boundaries. ^/^g Same, that the plantation number two, on the east side 
of Union River and included within the boundaries here- 
after described, begining on Frenchman's Bay at the 

* Approved February 16, 1789. 



Acts, 1788. — Chapter 73. 157 

southeast corner of township number one, & bounded on 
the west by said township number one, on the north by 
townships number eight & number nine, on the east by 
township number seven and on the south by Goldsboro' 
and Frenchmavb s Bay, to the Ijounds begun at, including 
Island A, Bean Island, Dram Island, Preble Island, 
Bragdon Island, Burnt Island, Black Island, and 8oward 
Island, together with the inhabitants thereof, be & they 
hereby are incorporated into a town by the name of Sulli- 
van. And the said town is hereby invested with all the 
powers, privileges and immunities which other towns in 
this Commonwealth by Law do or may enjoy. 

And he it further Enacted that Alexander Gamphell, es- Aiex.campbeii, 
quire be & he hereby is empowered to issue his warrant a meeting. 
directed to some principal inhal)itant of the said town of 
Sullivan, requiring him to notify the inhabitants thereof 
to meet at such time & place as he shall therein appoint, 
to choose all such Officers as towns are by Law required 
to choose at their meeting in the month of March or April 
annually. February 16, 1789 * 

1788.— Chapter 73. 

[Printed with Perpetual LawB.] 

AN ACT TO PREVENT THE DESTRUCTION AND TO REGULATE 
THE CATCHING OF THE FISH CALLED SALMON SHAD & ALE- 
WIVES IN THE RIVERS AND STREAMS IN THE COUNTIES OF 
CUMBERLAND AND LINCOLN, AND TO REPEAL ALL LAWS 
HERETOFORE MADE FOR THAT PURPOSE. 

Whei-eas the preservation of Salmon, Shad and Ale- Preamble. 
wives is of great j)ublic advantage & the laivs heretofore 
made for that purpose being found inadequate to the object 
intended thereby ; 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that all laws heretofore made to Former laws 
prevent the distruction and to regulate the catching of ""^p^"*^ 
Salmon, Shad and Alewives, so far as the same apply to 
any of the rivers, streams or branches herein after men- 
tioned be & they are hereby repealed : Provided never- Proviso. 
theless that all prosecutions, actions & processes now 
depending, and grounded on a supposed violation of any 
such law or laws may be prosecuted to final judgment and 
execution as though this act had never passed. 

* Approved February 16, 1789. 



158 



Acts, 1788. — Chapter 73. 



No peraon 
allowed to erect 
or continue any 
obstruction, or 
incumbrance, in 
the rivers or 
streams men- 
tioned. 



Penalty for such 
offence. 



Preamble. 



Towns or plan- 
tations, at any 
legal meeting, 
may licence the 
continuance of 
obstructions. 



A.nd be it further enacted by the authority aforesaid, that 
no person or persons from and after the passing this act shall 
]>uikl or erect any mill-dam, wears, obstruction or incum- 
brance, or continue any mill-dam, wears obstruction or 
incumbrance already built, made or erected or that may 
hereafter l)e built made or erected in or across any of the 
Rivers & streams or any of the branches, bays or coves 
thereof hereinafter mentioned in the County of Cumber- 
land and of Lincoln; Viz; The Rivers of Presumpscut, 
Andi'oscogr/in, Merry meetiyig bay, Kennebec, 8heepscut, 
Bristol, Muscongus alias Mednmcock, 8t Georges & Penob- 
scot, and also the stream oi JSfegwaset and the several rivers, 
streams and l)ranches centering to, running, issuing or 
emptying into the same, unless he or they do and shall 
actually provide, open and keep open at their own expence, 
a good and sufficient sluice way and passage for the said 
fish to pass, Ijetween the first day of May & twentieth day 
of June annuall}^ ; and if any person or persons from & 
after the passing this Act, shall build or erect any mill-dam 
or other obstruction, or continue any Mill-dam or other 
obstruction already built, erected or made or that may 
hereafter be built, erected or made in or across any of the 
Rivers, streams or branches aforesaid, in which the said 
fish before such obstructions did usually go up to the 
lakes and Ponds to cast their spawn, excepting as is herein 
before provided & allowed, he or they so ottending shall 
forfeit for each and every day, that such obstruction shall 
l)e continued, a sum not exceeding six pounds nor less 
than three pounds. 

And ivJiereas the saidfisJi do not usually go up some of 
the said rivers & streams and the br^anches thereof into the 
lakes and Ponds to cast their spaivn, so early as the first 
day of May annualy ; 

Be it therefore enacted by the authority aforesaid, that 
when it shall appear to the inhabitants of any town or 
Plantation, or the major part of any Committee herein 
after mentioned and appointed, that the continuance of 
any such obstruction in or across any of the Rivers, 
streams, or branches aforesaid within the limits of such 
town or Plantation, or the district of such Committee 
respectively is expedient and adviseable, it shall be in the 
l)o\ver of such town or Plantation, at any legal meeting 
of the inhabitants thereof, or of the major part of such 
Committee, in writing by them signed, to license & 



Acts, 1788. — Chatter 73. 159 

authorize such continuance, to such reasonable time be- 
yond the first day of May as they may respectively judge 
equitable & right, any thing herein to the contrary con- 
tained notwithstanding. 

And he it further enacted by the authority aforesaid, that J^k^fn at^jl'n " ^^ 
no person or persons from & after the ])assin2: this Act, shall ot^ei time than 

^ bv ttiiH act 

take or catch any Salmon Shad or Alewives, in any part of allowed. 
the said rivers or in any of the streams or branches afore- 
said, between the twentieth day of April and Twentieth 
day of June annually, at any other time than between sun 
rise on Monday, and Sun rise on Saturday, in each Week. 

And he it further e7iacted hit the authority aforesaid, that ^° person 

*/ */ ' allo\v6cl to catch 

no person or persons shall be allowed at any time between tishat anytime, 

the said twentieth day of April and the twentieth day of o/ an" sklice" ^ 

June annually, to catch any of the said fish or set any ^''' 

seine, net, pot or other machine for the purpose of taking 

or catching any of the said fish, within the distance of 

two rods from 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 persons shall offenlf^ ^"'^"''^ 

take or catch any of the said fish, or set any seine, net, 

pot, wears or other machine, for the purpose of taking 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 

oficnding, shall forfeit the seine, net, pot, wear or other 

machine so used, and pay a fine not exceeding four 

pounds nor less than ten shillings, half thereof to the use 

of him or them that will prosecute therefor & the other 

moiety for the benefit of the town or place where the 

oftence is committed; And it shall be the duty of the tJommutee 

Committee hereafter mentioned, or any one of them, take'and'^scize 

upon finding any Net or Seine seting or standing in any "t^mniteii the 

of the rivers or streams in this act mentioned, and in vio- *''"®' 

lation hereof, to take and seize the same, together with 

the fish that may lie found therein, and the same Net 

or seine & fish so taken, within twenty four hours then 

next, to carry before some Justice of the Peace in the 

same County, and there libel the same, in which lil)el, the 

libellant shall di scribe the place where, the time when, 

and cause of seizure, and the articles thus lilielled, and 

the Justice before whom such libel shall ])e made, shall 

cause a copy thereof under his hand to be made out & 



160 



Acts, 1788. — Chapter 73. 



If no person 
appear to claim 
such nets or 
seines — How 
proceeded with. 



Justice's fees 
for libel, &c. 



No seine or net 
to extend more 
than one third 
across any 
river, &c. 



Penalty for 
taking or de- 
stroying salmon, 



forthwith posted up in some conspicuous place or places 
in the vicinity, where he shall determine notice of the 
transaction will be most generally given, & therein assign 
a particular time and place for the owner or claimant to 
appear, which time shall not exceed ninety six, nor be 
less than forty eight hours from the time the libel shall be 
filed with him as aforesaid, and if no person appear to 
claim the same, or if the person appearing, being the 
owner thereof, shall not make it appear to the satisfaction 
of the Justice, that he was not directly or indirectly by 
himself or any other person, by, for, or under him, con- 
cerned in setting such Net or Seine, then the Justice shall 
enter up a decree that the same are forfeited, one half of 
the Net or Seine, and all the fish, to the use of the libel- 
lant & the other moiety of the Net or Seine to the use of 
the town or place where the same were seized and taken, 
and order the same to be sold at public auction accord- 
ingly and shall proceed to sell the same at auction him- 
self or make out a Precept in writing to some ofiicer to sell 
the same accordingly, and in case upon a hearing, it shall 
appear to the Justice, that the Net Seine or fish are not 
by this Act for the causes in the libel alledged, forfeited, 
he shall decree a restoration thereof to the claimant and 
deliver them to him accordingly ; & for every libel & pro- 
ceedings thereon as aforesaid, the Justice shall be entitled 
to receive and demand /bwr sJiillings and no more, and at 
the rate of fifteen per cent on the monies arising on the 
sale. 

And be it further enacted by the authority aforesaid, that 
no Seine or net shall reach or extend more than one third 
across any river or stream where the same shall or may 
be set, drawn or used, under the penalty of forfeiting the 
same ; and any person who shall refuse or prevent the 
Committee or any one of them from measuring any seine 
or Net which shall be used for the purpose of taking any 
of the said fish in any of the rivers or streams aforesaid 
shall forfeit & pay the sum oi forty shillings. 

And whereas the highly pernicious practice of wantonly 
distroying Salmon in the summer season, when the Waters 
are shalloiu and the fish unable to mahe their escape, has 
become frequent and ruinous; 

Be it therefore further enacted by the authority aforesaid^ 
that no person or persons from and after the passing this 
act, shall at any time, between the Twentieth day oi July 



Acts, 1788. — Chapter 73. 161 

& the first day of December annually take, catch or destroy 
any Salmon in any of the Rivers or streams aforesaid on 
pain of forfeiting for each offence, a sum not exceeding 
four 2^ounds, nor less than ten shillings. 

And he it further enacted by the mithority aforesaid, that Towns and pian- 

./ •/ _ • 1 • 1 /"I • tationa to choose 

the several towns & plantations within the Counties a committee 
aforesaid, to the westward of Penobscot river, bordering '"'""'* ^' 
upon, or in which there are any of the rivers or streams 
aforesaid, including those towns & plantations adjoining 
or connected with any of the streams or branches on 
either side of the same, that empty into the said Penobscot 
River, be, & they are hereby empowered & directed at 
their annual meeting in March or April forever hereafter, 
to choose by written ballot or otherwise, three or more 
suitable persons, situated in such Town or Plantation so 
as to be able to detect in the most effectual manner, any 
breaches of this Act, as a Committee whose business it comUutee^ 
shall be, to see that this Act is duly observed within the 
town or plantation wdiere 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 impowered 
and directed, to inspect the several rivers and streams 
within their respective districts & see that there is a suffi- 
cient passage for the said fish to pass, open and kept open, 
without ol)struction from the first day of May, until the 
twentieth day of Jime annually, inclusive, excepting as is 
herein before provided and allowed, and it shall be the 
duty of the said Committee to make complaint of any and 
every breach of this Act. 

And be it further enacted by the authority aforesaid, that when owners 
when the owner or owners of any mill or mills, mill dam refuse or neglect 

,11 i 1 • !• J^^ • to open sluice 

or other dams, erected in or across any ot the rivers or ways,— 
streams aforesaid, shall refuse or neglect to open or con- pow"edtoopen 
tinue 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 order such sluice ways to be 
opened, and they are hereby authorized & directed to 
cause the same to be done as speedily as may be ; and the Penalty for 

c • -I -\ ix' c • owners 80 neg- 

owner or owners or said dams so neglecting or reiusing lectingor 
upon notice given them or any of them, l)y the said Com- "^^^"^'"k- 
mittee, shall forfeit and pay a sum equal to the reasonable 



162 Acts, 1788. — Chapter 73. 

expence of opening & continuing open any such sluice 
way or ways, with the addition of fifty per cent thereto ; 
which forfeiture, shall be recovered by the said Committee, 
by action of the case, to be by them instituted and pursued 
to final judgment and execution in their capacity afore- 
said ; and the said Committee when acting in their official 
capacity, in doing any business, matter or thing agreeably 
to, or required by this Act, shall not be considered as 
trespassers, or be liable to any penalty or damage. 
Preamble. Aud fo/iereas the practice made use of, of taking Salmon, 

Shad and Alewives in Merrymeeting Bay, is very destruc- 
tive to the said fish, owing to seining and joitiing driving 
7iets together, which they make use of in the said bay and 
in the mouth of the rivers adjoining the same, for the pur- 
pose aforesaid, where great numbers of the said fish go to 
spawn ; 
Penalty for Be it therefore enacted by the authority aforesaid, that 

shad, &c. in ' no person or persons from and after the passing this Act, 
Bay'wu'hseiles shall take or catch any salmon, shad or Alewives with 
j°oinId^to|e°theV seiucs or driviug nets joined together, either in Merry- 
meeting bay or in the mouth of any river or rivers adjoin- 
ing the same bay, on pain of forfeiture for each and every 
ott'encc, a sum not exceeding six pounds nor less than three 
pounds, with the forfeiture of the said seins and nets so 
made use of. 
or"tamationT"* -^"^ ^^ '^f'fut'ther euacted by the authority aforesaid, that 
neglect to chuse eacli 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 & pay the 
sum of fifty pounds, for every such neglect, one half 
thereof for the benefit of the County, to which such town 
or plantation belongs and the other half thereof to the 
informer, which may be sued for and recovered by any 
Penalty if per- ijerson or pcrsous complaining of the same ; And if any 

Bona chosen i in/»i • • i n^ i 

neglect to serve, pcrsou SO clioscu Shall reiusc to scrvc m said oince, unless 

he is chosen to some other ofiice, he shall forfeit and pay 

the sum oi 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. 

When any plan- And be it farther enacted, that when any plantation 

neglect to within the limits aforesaid, shall neglect to choose a Com- 

committ^eof mittcc as aforcsaid, in any such case the Committee of any 

t^o°wn11i°ay*°^ towu in the vicinity or nearest adjoining to the same, or 

bJeSroUhis ^^® major part of them, may and are hereby empowered 

act. 



Acts, 1788. — Chapter 74. 163 

& directed, upon information, to prosecute any breach of 
this Act in such plantation, as fully and amply as though 
the offence was committed in the town to which the said 
Committee belong. 

And be it further enacted, that all fines and forfeitures fines and for. 

•/ ' 161 tu res how 

incurred by breach of this Act, shall be recovered by bill, recovered and 
plaint, or information, in any of the Courts of record "^^'^ ' 
within the said Counties of Ctimberland or 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 apjn-opriated) 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. 

Provided nevertheless, that nothing in this Act, shall be Proviso, re- 
so construed as to debar any person of the right to prose- cuuons. 
cute, and they are hereby authorized and impowered to 
prosecute & pursue to final judgment & 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 l^eing a witness in any 
prosecution for the breach of this Act. 

And be it further enacted, that the town Clerk in each J.o^n cierks 

^ ' f 1 A • directed to read 

town, and also the Clerk or one ot the Assessors m each this act 
plantation required to choose a Committee 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. February 16, 1789. 

1788. — Chapter 74. 

[December Session, ch. 26.] 

AN ACT TO ENABLE THE PROPRIETORS OF A MARSH LYING 
IN THE TOWNS OF MALDEN & CHELSEA, TO MAKE & MAIN- 
TAIN A DAM FOR THE BETTER IMPROVING OF THE SAID 
MARSH. 

Wliereas Samuel Danfoilh, Samuel Watts, Benjamin preamble. 
Blaney Esquire, Isaac Smith, Daniel Waters Ezra Sargent 
esquire Nehemiah Oakes, Calvin Chittenden Moses Col- 
lins, Jonathan Green, Mary Haugh, Joseph Whittemore 
& Aaron Dexter Esquire, p)roprietors of a marsh lying on 
each side o/" Island River running into the toiuns 0/ Maiden 
and Chelsea, have requested the General Court to authorize 
them to make and maintain a dam for the purpose of fenc- 



164 



Acts, 1788. — Chapter 74 



Proprietors 
empowered to 
make a dam. 



Empowered to 
raise by aesess- 
ment, sucb sum 
as may be 
sufficient. 



Meetings, how 
called and 
conducted.! 



In case of a 
refusal, or 
neglect to pay 
the sums as- 
sessed, proprie- 
tors empowered 
to sell delin- 
quents parts or 
shares. 



ing out the sea from the said MarsJi, and it appeariiig that 
great imp7'ovements might thereby he made in the said 
marsh, to the benefit of the said proprietors, as veil as the 
JPublic ; 

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 Samuel Danfortli and others afore- 
named, pro})rietors of the Marsh aforesaid, their heirs & 
assigns be and hereby are authorized and empowered to 
make a dam sufficient to keep out the sea from the said 
Marsh, from the land of Cai)tain Isaac Smith in the town 
of Maiden, across the river called Island River, and from 
said river across the Marsh aforesaid until it shall reach 
Captain Jonathan Greeii's upland in the town of Chelsea, 
& to maintain and keep the said dam in repair forever. 

Andbe it further enacted by the authority aforesaid, that 
the said Samuel Dai forth and others proprietors afore- 
named their heirs and assigns l)e and hereby are allowed 
and empowered to raise by an assessment or tax to be 
made and levied equally on all the lands composing the 
said Marsh within the dam to lie made as aforesaid, such 
sum or sums for defreying the charges of making and 
maintaining the said dam, as shall be agreed upon by the 
said proprietors their heirs or assigns, or the major part 
of such of them as shall be assembled at any legal meeting 
to be called for that purpose ; the meetings of the said 
proprietors to be called and conducted in the same man- 
ner, as those of proprietors of common lands, prescribed 
by an Act passed the tenth day of March in the year one 
thousand seven hundred and eighty four, relating to lands 
wharves & other real estate undivided and lying in com- 
mon. And the said proprietors are hereljy authorized and 
empowered to chuse all such Officers as may be necessary 
for managing the business aforesaid, in the same manner 
as proprietors of common lands are by law empowered to 
chuse Officers at their legal meetings. 

And be it further enacted by the authority aforesaid, that 
if any owner of any part of the said Marsh, shall neglect 
or refuse to pay the sum or suras of money duly assessed 
on such part, for the space of six months, after such 
monies shall have been granted, and his assessment shall 
have been pul)lished by advertizing the same in any two 
of the Boston news papers four weeks successively^ then 
the said proprietors, for the purpose of paying such as- 



Acts, 1788. — Chapter 75. 165 

sessment are hereby fully empowered from time to time 
at public vendue to sell and convey so much of such de- 
linquent proprietors part of said Marsh, as will be suffi- 
cient to pay and satisfy the sum or sums assessed upon 
his part as aforesaid, and all reasonal)le charges attending 
such sale, to any person that will give most for the same ; 
notice of such sale, and of the time & place thereof being Notice of such 
given by posting an advertisement thereof in the said *'' ^ ° ^ ^'^''"' 
towns of Maiden and Chelsea, and by pu1)lishing the same 
in at least two of the news papers aforesaid, five weeks 
successively, before the time of such sale : And the said 
proprietors may by their Clerk or a Committee to be 
chosen for that purpose, execute a good deed or deeds of 
conveyance of the part of said Marsh so sold unto the 
purchaser thereof to hold in fee simple. 

Provided nevertheless, that the proprietor or proprietors Proviso, 
whose part or share shall be so sold shall have liberty to 
redeem the same at any time within twelve months after 
such sale, by paying the sum such part or share sold for 
and charges, together with the further sum of twelve 
jmunds for each hundred jwunds produced by such sale, 
v!c. so 2Ji'0 rata, for any greater or less sum. 

And be it further enacted by the authoriti/ aforesaid, that Proprietors 

•^ . ^ 110 empowered 

the said })roprietors hereby are emi)owered to order & man- to manage aii 
age all atiairs, relative to the making and maintaining of beagreed'onf 
the dam aforesaid, in such way & manner as shall be con- 
cluded and agreed on l)y the major part of those who are 
therein interested, present at any legal meeting, the votes 
to be collected and accounted according to the interests. 

February 17, 1789* 

1788. — Chapter 75. 

[December Session, ch. 27.] 

AN ACT FOR INCORPORATING THE PLANTATION OF MOUNT 
DESERT, SO CALLED, IN THE COUNTY OF LINCOLN INTO 
A TOWN BY THE NAME OF MOUNT DESERT. 

Be it enacted by the Senate & House of Rex>resenta- 
tives in General Court Assembled, c§ by the authority of 
the same. That the plantation called Mount Desert, together incorporated. 
with the islands called Gramberry islands, Bartlett's is- 
land, Robertson^s island & Beech island together with the 
inhabitants thereof be & they hereby are incorporated into 

* Approved February 17, 1789. 



166 



Acts, 1788. — Chapter 76. 



Gabriel 
Johonnot, 
Esq ; to call 
a meeting. 



a town by the name of Mount Desert. And the said town 
is hereby vested with all the powers, privileges & immu- 
nities which other towns in this Commonwealth by law do 
or may enjoy. 

And be it further enacted, that Gabriel Johonnot esqr. 
be & hereby is impowered to issue his warrant directed to 
some principal inhabitant of the said town, requiring him 
to notify the inhabitants thereof to meet at such time & 
place as he shall therein appoint, to chuse all such officers 
as towns are by law required to chuse at their meeting in 
the month of March or April annually. 

February 17, 1789. 



Boundaries. 



Samuel Merrill, 
Esquire, to call 
a meeting. 



1788. — Chapter 76. 

[December Session, ch. 24.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED R07ALS- 
BOROVGH IN THE COUNTY OF CUMBERLAND INTO A TOWN 
BY THE NAME OF DURHAM. 

Be it enacted by the Senate & House of Representatives in 
General Court assembled, and by the authority of the same, 
that all the lands oi Royalsborough aforesaid, bounded as 
follows viz. Begining at the Westerly corner of a tract of 
Land called JProufs Gore in the line of Worth Yarmouth, 
thence North West seven Miles adjoining said North Yar- 
mouth, thence North East to Androscoggin river, thence 
South easterly by the middle of said river to the head line 
of Brunswick, thence South westerly adjoining the head 
line of Brunsioick & said ProuVs Gore to the first men- 
tioned bounds with the inhabitants thereon, be & hereby 
are incorporated into a town by the name of Durham, & 
invested with all the powers, privileges & immunities that 
towns in this Commonwealth do or may by law enjoy. 

And be it further Eriacted by the authority aforesaid, 
that Samuel Merrill Esqr. be & he is impowered & re- 
quired to issue his warrant to some principal inhabitant 
of the said town of Durham, directing him to warn the 
inhabitants thereof to assemble at some convenient time 
& place in the said town, to choose all such officers as by 
law are to be chosen annually in the month of March or 
April. February 17, 1789.* 



* Approved February 17, 1789. 



R E S O L V E S 



MASSACHUSETTS. 



1788. 



RESOLVES 



GENERAL COURT 



Commonwealth of Massachusetts, 



BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK, 

ON WEDNESDAY THE TWENTY-EIGHTH DAY OF 

MAY, ANNO DOMINI, 1788. 



BOSTON : 

PRINTED BY ADAMS AND NOURSE, 

Printers to the Honourable General Court. 

M.DCC.LXXXVIII. 



Reprinted by Wright & Potter Printing Company, State Printers. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS: 

TOGETHER WITH THE MESSAGES, &c. OF HIS EXCEL- 
LENCY THE GOVERNOUR TO THE SAID COURT : 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY EIGHTH DAY OF 
MAY, ANNO DOMINI, 1788. 

His Excellency JOHN HANCOCK, Esq; 
Governour. 

His Honour BENJAMIN LINCOLN, Esq ; 

Lieutenant-Go vernour. 

COUNGELLORS. 

Honourable Nathan Cushino;, Honourable John Frost, 



Azor Orne, 
Jonathan Greenleaf, 
Edward Cutts, 
Samuel Adams,Esq'rs. 



William Phillips, 
Artemas Ward, 
Nathaniel Gorham, 
Esq'rs. 



The folloiving are the Names of the Gentlemen who compose the two 
Brcmches of the GENERAL COURT, viz. 



SENATORS. 
Hon. SAMUEL PHILLIPS, jun. Esq ; President. 



For the County of Suffolk. 

Hon. Cotton Tufts, 

Stephen Metcalf, 
Thomas Dawes, 
Elijah Dunbar, Esq'rs. 

County of Essex. 

Hon. Samuel Phillips, jmi. 
Stephen Choate, 
Benjamin Goodhue, 
Tristi'am Dal ton, Esq'rs. 



County of Middlesex. 
Hon. Eleazer Brooks, 
Ebenezer Bridge, 
Joseph Hosmer, 
Josejsh B. Varnum, 
Isaac Stearns, Esq'rs. 

County of Hampshire. 
Hon. Caleb Strong, 
John Hastings, 
John Bliss, 
David Sexton, Esq'rs. 



172 



Resolves, 1788. — May Session. 



SENATORS- 
County of Plymouth. 
Hon. Charles Turner, 

Daniel Howard, Esq'rs. 

County of Barnstable. 
Hon. Solomon Freeman, Esq. 

County of Bristol. 
Hon. Abraham White, 
Holder Slocum, 
Phanuel Bishop, Esq'rs. 

County of York. 
Hon. Nathaniel Wells, Esq. 

County of Worcester. 
Hon. Samuel Baker, 
Abel Wilder, 



— Concluded. 

County of Worcester — Con. 

Hon. Amos Singletary, 
John Fessenden, 
Jonathan Grout, Esq'rs. 

County of Cumberland. 
Hon. Josiah Thacher, Esq. 

Dukes County and Nan- 
tucket. 
Hon. Matthew Mayhew, Esq. 

County of Lincoln. 
Hon. Dummer Sewall, Esq. 

County of Berkshire. 
Hon, Elijah Dwiglit, 

William Whiting, Esq'rs. 



MEMBERS OF THE HOUSE OF REPRESENTATIVES. 

Hon. THEODORE SEDGWICK, Esq. Speaker. 

County of Suffolk. 



f Hon. Caleb Davis, Esq. 

Samuel Breck, Esq. 
I Jonathan Mason, Esq. 
<{ John Coffin Jones, Esq. 

Charles Jarvis, Esq. 
I Thomas Dawes, jun. Esq, 
l^ Thomas Russell, Esq. 
Roxbury, Hon. William Heath, 
Esq. 
Thomas Clark, Esq. 
Dorchester, James Bowdoin, jun. 

Esq. 
Milton, Joseph Blake, Esq. 
Braintree, Brig. Gen. Ebenezer 
Thayer. 



Weymouth, Nathaniel Bailey, 
Esq. 
Col. Theophilus Cushing, 
Dedham, Fisher Ames, Esq. 

Mr. Nathaniel Kingsbuiy, 
Medjicld, Capt. John Baxter, 

jun. 
Stoughton, Col. Frederick Pope, 
Bellingham, Mr. Aaron Holbrook, 
Medway, Mr. Moses Richardson, 

jun. 
Wrentham, Mr, Thomas Mann, 
Brooklme, Mr. John Goddard, 
Walpole, Col. Seth Kingsbury. 



County of Essex. 



Salem, Richard Manning, Esq, 

Mr. Ebenezer Beckford, 

Edward Pulling, Esq. 

William Vans, Esq. 

Mr. William Pickman, 

Mr. Francis Cabot, 
Danvers, Hon. Isreal Hutchinson, 

Esq. 
Ipswich, John Choate, Esq. 

Mr. John Heard, 
Newbury, Ebenezer March, 

Enoch Sawyer, Esq. 



Newbury-Port, Hon. Jona. Green- 
leaf, Esq. 

Theophilus Parsons, Esq. 

Cai^t. William Coombs, 

Mr. Jonathan Marsh, 
Marblehead, Isaac Mansfield, Esq. 

Jonathan Glover, Esq. 

John Glover, Esq. 

Samuel Sewall, Esq. 
Lynn & Lynnfield, John Carnes, 

Esq. 
Andover, Capt. Peter Osgood, jun. 



Resolves, 1788. — May Session. 



173 



REPRESENTATIVES — Continued. 
County of Essex — Concluded, 



Beverly, Larkin Tliorndike, Esq. 

Mr. Joseph Wood. 

Capt. Israel Tliorndike, 
Rowley, Capt. I'liomas Mighill, 
Salisbury, J\lr. Joseph March, 
Eaverhiil, Bailey Bartlett, P^sq. 

Capt. Nathaniel Mai'sh, 
Qloucester, John Low, Esq. 

Capt. William Peai'son, 



Gloucester, Capt. Winthrop Sar- 
gent, 
Col. Joseph Foster, 
^Zmes6«r?/,Christopher Sargeant, 

Esq. 

Bradford, Peter Russell, Esq. 
Methuen, Cix^i. Ebenezer Carlton, 
Boxford, Capt. Isaac Adams. 



County of Middlesex. 



Cambridge, Stephen Dana, Esq. 
, ]\Ir. Jeduthan Willington, 
Charlestonm, Capt Thomas Har- 

i*is, 
Watertojim, Col. Amos Bond, 
Woburn, Capt. Timothy Winn, 
Concord, Duncan Ingraham, Esq. 
Newton, Hon. Abraham Fuller, 

Esq. 
Reading, James Bancroft, Esq. 
Marlborough, Co\ .Edward Barnes, 
Billerica, Edward Farmer, Esq. 
Framingham,Qii\)i.\jA\\iior\ Buck- 
minster, 
Lexington, Mr. Joseph Sjniionds, 
Chelmsford, Major John Minot, 
Sherburne, Daniel Whitney, Esq. 
Sndbtiry, William Rice, Esq, 
Maiden, Capt. William Wait, 
Weston, Capt. Isaac Jones, 



Medford, Thomas Brooks, Esq. 
IIo])kinton, Hon. Walter McFai*- 

land, Esq. 
Westford, Col. Zacheus Wright, 
Waltham, Mr. Abner Sandei'son, 
Qroton, \)v. Benjamin Morse, 
Stow & Boxboro\ Jonathan Wood, 

Esq. 
Pep2)erell, Mr. Joseph Heald, 
Toivnshend, Capt. Daniel Adams, 
Dracut, Parker Varnum, Esq, 
Holliston, Samuel Park, Esq. 
Acton & Carlisle, Mr. Thomas 

No3'es, 
Lincoln, Mr. Chambers Russell, 
Tewksbury, Mr. William Brown, 
lAttleton, Mr. Samuel Reed, 
East-Sudbury, Joseph Curtis, 

Esq. 



County of IlAMrsiiiRE. 



Springfield, Samuel Lyman, Esq. 
West- Spri7igfi eld. Col. Benjamin 

Capt. John Williston, 
Wilbraham, CajJt. Phinehas Steb- 

bins, 
Northaynj)ton, Samuel Henshaw, 
J]sq. 
Mr. Benjamin Sheldon, 
South-Hadlcy, My. Enoch White, 
Amherst, Mr. Daniel Cooley, 
Granby, Mr. Benjamin Eastman, 
Hatfield, John Hastings, Esq. 
Whateley, Mr. Josiah Allis, 
Williamsburgh, Mr. William Bod- 
man, 



Westfield, Samuel Fowler, Esq. 

Mr. John Phelps, 
Deerfield, Mr. John Bardwell, 
Conway, Caj^t. Consider Arms, 
Brimfield, Capt. Joseph Brown- 
ing. 

New-Salem, Mr, Ezekiel Kellogg, 
jun. 

Worthington, Mr. Ezra Stark- 
weather, 

Chesterfield, Col. Benjamin Bon- 
ney, 

Monson, Capt. Joshua Shaw, 

Pelham, Mr. Adam Clark, 



174 



Eesolves, 1788. — Mat Session. 



REPRESENTATIVES — Continued. 
County of Hampshire — Concluded: 



Eadley, Capt. Oliver Smith, 
Palmer, Capt. David Shaw, 
Mo7ilague, Mr. Moses Sever- 
ance. 
Northjield, Mr. Ebenezer Jones, 
Belchertoton, Mr. Justus Dwight, 
Colrain, Hugh INIcT'lallen, Esq. 
Oranville, Capt. Samuel Thrall, 

Capt. John Hamilton, 
Greenfield, David Smead, Esq. 
Greenwich, Nehemiah Stebbins, 
Esq. 



Southampton, Cai)t. Lemuel Pom- 
eroy, 

Warwick & } Capt. John Golds- 

Orange, ^ bmy, 

Ware, Mr. Isaac Pepper, 

Bernardston, Mr. Hezekiah New- 
comb, 

Ludlow, Mr. John Jennings. 

Norwich, Mr. David Scott, 

Westhampton, Mr. Sylvester Judd, 

Long-Meadoiv, Mr. William Steb- 
bins. 



Coimty of Plymouth. 



Plymouth, Mr. Thomas Davis, 
Scituate, Capt. Joseph Tolman, 
Marshfield, Capt. Joseph Bryant, 
Bridgewater, Caj^t. Elisha Mitch- 
ell, 
Middleborough, Mr. Benjamin 

Thomas, 
Rochester, Mr. Abraham Holmes, 



Plymx>ton, Capt. Francis Shurt- 
liff, 

Pembroke, Mr. Samuel Goold, 

Kingston, Capt. Ebenezer Wash- 
burn, 

Abington, Mr. Jacob Smith, jun. 

Hanover, Capt. Lemuel Curtis. 



County of Barnstable. 



Barnstable Shearjashub Bourne, 

Esq. 
Sandwich, Dr. Thomas Smith, 
Yarmo^lth, Qa,^i. Jonathan Howes, 
Eastham, Elijah Knowles, Esq. 



Harwich, Capt. Kimbal Clark, 
Wellfleet, Mr. Michael Collins, 
Falmouth, ]Mr. David Nye, 
Chatham, Joseph Doane, Esq. 



County of Bristol. 



Taunton, Col. Nathaniel Leonard, 
Rehoboth, C?i^i. Phanuel Bishop, 

Major Frederick Drown, 

Capt. John Bishoi?, 
/Swfm0e?/,Christoi3her Mason,Esq. 

Mr. James Luther, jun. 
Dartmouth, Mr. David Willcox, 
Norton, Cai)t. John Crane, 
Attleborough, Hon. Elisha May, 
Esq. 



Dighton, Col. Sylvester Rich- 
mond, 
Freetown, Mr. Jael Hathway, 
Rai7iham, Josiah Dean, Esq. 
Easton, Col. Abiel Mitchell, 
Mansfield, Capt. John Pratt, 
Neiv- Bedford, Hon. Walter Spoon- 

ei", Esq. 
Westport, William Davis, Esq. 



County of York. 



York, John Swett, Esq. 
Kiltery, Mr. Mark Adams, 
Berwick, Capt. Elijah Hayes, 



Buxtoh, Jacob Bradbury, Esq. 
Sanford, Samuel Nasson, Esq. 
Shapleigh, Mr. Jeremiah Emery. 



Resolves, 1788. — May Session. 175 



REPBESENTATIVES— Continued. 

County of Dukes-County. 
No returns. 

County of Nantucket. 
No returns. 

County of Worcester. 

Worcester, Hon. Timothy Paine, Pitchhurgh, Mr. Daniel Putnam, 

Esq. Uxbridge, Dr. Samuel Willard, 

Lancaster, Mr. Michael Newhall, Harvard, Josiah Whitney, Esq. 

ifendon, Edward Thompson, Esq. Bolton, Mr. Simon Houghton, 

Brookjield, Mr. Daniel Forbes, Hardwick, Major Martin Kings- 
Oxford, Capt. Jeremiah Learned, ley, 

Charlton,Capt. Samuel Robinson, Leominster, Major David Wilder, 

Sutton, Capt. Jonathan Wood- Orufton, Col. J^uke Drury, 

bury. Petersham, Capt. Park Holland, 

Leicester, Hon. Seth Washburne, Boy alsto7i,CaY)t. Peter Woodhurj, 

Esq. Westmi7ister,Mv. Stephen Holden, 

Spencer, Mr. James Hathway, Temj)leton, Capt. Ezekiel Kuowl- 
Rutland, Mr. Asaph Sherman, ton, 

OaMrtW, Capt. Jonathan Bullard, Princeton, Hon. IMoses Gill, Esq. 

Hubbardston, Mr. Joseph Wright, Ashbur7iham,'^n.vi\\\e\ Wilder,Esq. 

New-Braintree, Capt. Benjamin Winchendon, Mr. Moses Hale, 

Joslyn, Dudley, Mr. John Warren, 

Westborough, Capt. Stephen May- Barre, Cajjt. John Black, 

nard, Milford, Mr. David Stearns, 

Northborough, Capt. Isaac Davis, Sterling, Benjamin Richardson, 
Shrewsbury, Capt. Isaac Harring- Esq. 

ton, Boylston, Mr. Jonas Temple, 
Lunenburgh, Capt. John Fuller, 

County of Cumberland. 

Oorham, Edmund Phinney, Esq. Neiv- Gloucester, William Wedg- 
Cape-Elizabeth,Mr. Samuel Calef, ery, Esq. 

Orey, Rev. Samuel Perley. 

County of Lincoln. 

Pownalboro\ Capt. Ebenezer Waldoborough, Capt. Jacob Lud- 

Whittier, wig, 

Georgetown, John Stinson, Esq. Eallowell, Daniel Cony, Esq. 

New-Castle, James Cargill, Esq. Machias, James Avery, Esq. 

Cotcnty of Berkshire. 

Sheffield, John Ashley, Jun. Esq. Williamstoivn, Hon. Thomp. J, 
Greai-Barrington, Mr. Thomas Skinner, Esq. 

Ives, Jjanesboro'' & ? ^^ . -p. „ 

Partridgefield, Ebenezer Peirce, N. Ashford, ^ '-apt.Uan.brown, 

Esq. Pittsfield, Capt. David Bush, 
New-Marlborough, Capt. Daniel "Woodbridge Little, Esq. 

Taylor, Lenox, Mr. Lemuel Collins, 



176 Resolves, 1788. — May Session. 

REPRESENTATIVES— Concluded. 
County of Berkshire — Concluded. 

Stockbridge, lion. Theo. Sedg- ^^■c7imo?^d, Nathaniel Bishop, Esq. 

wick, Esq. West-Stockbridge, JNIajor Thomas 
Egremont, Ej^hi-aim Fitch, Esq. Lusk, 

Tyringham, Capt. Ezekiel Hear- Alford, John Ilurlbiit, Esq. 

ick, Adams, Capt Reuben Ilinman, 

Sandisjield, Mr. John Picket, jun. Lee, Ebenezer Jenkins, Esq. 

Becket, Nathaniel Kingsley, Esq. lFi«dsor,Capt.DenisonKobinson. 

Chapter 1.* 

[May Session, ch. 1, 1788.] 

Chapter 2. 

RESOLVE ON THE GOVERNOUR'S MESSAGE, DIRECTING THE 
TREASURER TO BORROW £.50, TO ENABLE THE COMMIS- 
SIONER APPOINTED BY A RESOLVE OF THE 28th OF MARCH 
LAST, TO REPAIR TO PENOBSCOT, TO TREAT WITH THE 
INDIANS. 

Resolved, That the Treasurer be, and he hereby is, au- 
thorized & directed to borrow the sum o^ fifty pounds, for 
the purpose of discharging a Warrant drawn in favor of 
the Commissioner appointed, in pursuance of a Resolve 
of the General Court of the 28th of March last, to treat 
with the Penobscot Indians ; and to pay the same out of the 
first monies arising from the last granted Tax, which shall 
be brought into the Treasury & which are not already 
appropriated. June 2, 1788. 

Chapter 3.t 

[May Session, ch. 3, 1788.] 

Chapter 4. 

RESOLVE ON THE PETITION OF ISAIAH NICHOLSON, PERMIT- 
TING HIM TO ENTER HIS COMPLAINT AT THE NEXT SU- 
PREME JUDICIAL COURT AT PLYMOUTH, AND AUTHORIZING 
THE JUDGES IN THIS CASE. 

upon the Petition of Isaiah Nicholson, 
Resolved, that the prayer of said Petition be granted, 
and the said Isaiah Nicholso7i, is hereby permitted to en- 
ter his complaint, at the Next Supreme Judicial Court, to 

* Governor's message, see end of volume, 
t Governor's speech, see end of volume. 



Kbsolves, 1788. — Mat Session. 177 

be holden at PlymoutJi or Taunton within and for the 
Countys of Plymouth or Bristol on the Third Tuesday of 
October or May Next, against Uliphalet Weel:s, for Ne- 
glecting to prosecute an Appeal, on a Judgement obtained 
against him, at .a Court of Common Pleas held at Plym- 
outh^ within and for said county of Plymouth, on the last 
Tuesday oi April in the year 1785, for the Possession of 
a certain Messuage of about Seventy Acres of land, lying 
in Rochester within said County of Plymouth; and the 
Justices of the Supreme Judicial Court are hereby Au- 
thorized and empowered, to Take Cognizance of said 
Complaint, and Aftairm said Judgement, in the same man- 
ner they would have done, if the same had come Regularly 
before said Court. June 4, 1788. 



Chapter 5. 

RESOLVE ON THE PETITION OF SOLOMON IVOOD, TO NOTIFY 
THE ADVERSE PARTY TO SHEW CAUSE, &c. 

Upon the Petition of Solomon Wood, praying that the 
default in an Action against him before Jabez Fisher, 
Esqr. in favour of Benajah Allen, may be taken off and 
that the Execution on the Judgment, may be stayed. 

Resolved that the prayer of the Petition be so far 
granted, that the Petitioner serve the said Benajah Allen 
with an attested copy of the said Petition, and of this Ee- 
solve, fourteen days at least before the second Wednesday 
of the next Sitting of the general Court, then to shew cause 
(if any he has) why the pra3^er of the said Petition should 
not be granted, and that the Execution be stayed in the 
mean time. June 5, 1788. 

Chapter 6. 

RESOLVE ON THE PETITION OF DANIEL SARGEANT TO NOTIFY 
THE ADVERSE PARTY TO SHEW CAUSE, &c. 

On the Petition of Danl Sargeant praying that the De- 
fault in an Action against him in favour of Charles Ward 
Apthorp before Wm. Wetmore Esqr. on the seventh Day 
of April last may be taken ofl' & that the Execution ob- 
tained by the sd. default may be staj^ed. 

Ordered that the Praj^er of the sd. Petition be so far 
granted that the said Daniel notify the sd. Charles Ward 
or his Atty. in the said Action by serving him with an 



178 Kesolves, 1788. — May Session. 

attested Copy of the sd. Petition and of this order thereon 
four Days at least before the twelfth Day of June current 
that he appear on the sd. 12th day of June and shew Cause 
if any he has why the Prayer of the said Petition should 
not be granted — & that the Execution aforsd, be sta^^ed 
in the mean Time. June 6, 1788. 



Chapter 7. 

RESOLVE ESTABLISHING THE PAY OF THE DELEGATES WHO 
SHALL REPRESENT THIS STATE IN CONGRESS, THE ENSU- 
ING YEAR. 

Resolved, that there be allow^ed to each Delagate, who 
shall represent this Commonwealth, in the Congress of 
the United States, for the ensuing year, for his service and 
expences for each day, (Lords days included) from the 
time of his leaving home, untill his return, the sum of 
tiventy four shillings, the year to commence the first 
Wednesday of JV^ovember next. June 6, 1788. 



Chapter 8. 

ORDER DIRECTING THE SECRETARY TO WRITE TO SUCH TOWNS 
AND PLANTATIONS AS HAVE NOT MADE RETURN OF BOUN- 
TIES PAID TO SOLDIERS. 

Whereas the Selectmen of several Towns and Districts 
— and Committees of several Plantations within this Com- 
monwealth, have not made returns of the Bounties paid 
by their respective Towns Districts or Plantations — or 
by Individuals Inhabitants thereof, to Soldiers and Militia 
serving in the late war, agreeably to a resolution of the 
General Court passed October 6, 1783. 

And whereas, in order that this Commonwealth should 
be credited for the amount of all such Bounties, by the 
United States, it is necessary that the returns of the said 
Bounties should be immediately compleated. 

Ordered that the Secretary of this Commonwealth be 
& he hereby is directed to write to the Selectmen or Com- 
mittees of such Towns Districts or Plantations from which 
returns as aforesaid have not yet been received — requir- 
ing them to make the said returns agreeably to the Resolu- 
tion aforementioned — within four months from this date, 
in order that they may receive the benefit of such Credit as 
shall be given by the United States for the Bounties afore- 



Eesolves, 1788. — May Session. 179 

said. And the Secretary is directed to transmit to the 
said Selectmen & Committees, a Copy of the said Resolu- 
tion, & of this Order. June 6, 1788. 

Chapter 9. 

RESOLVE RESPECTING THE DISTRICTS IN ESSEX FOR CHOOS- 
ING COLLECTORS. 

Whereas in the Division of the County of Essex into 
two districts for the Collection of impost & Excise, the 
said districts are distinguished by the names of the West- 
ern district & Eastern district. 

Be it Resolved, that the same Division be hereafter dis- 
tinguished & known by the Names Following, that is to 
say, the District called the Eastern district, by the Name 
of the Northern district in the County of Essex & the dis- 
trict called the Western district by the Name of the South- 
ern District in the County of Essex. June 6, 1 788, 

Chapter 10. 

RESOLVE ON THE PETITION OF JOHY GRAVES AND OTHERS 
IN BEHALF OF JOHN CHALONER, DIRECTING THE TREAS- 
URER TO PAY HIM AN ADDITIONAL SUM QUARTERLY, TO 
WHAT HAS BEEN GRANTED HIM. 

Upon the petition of John Graves and others in behalf 
of John Chahner who lost both his Arms in defence of 
the Federal Arsenal in Springfield in Jany. 1787, pray- 
ing for an additional allowance to a grant of three pounds 
pr. month which was made him by a resolve of the 6th of 
June 1787. 

Resolved that the Treasurer be and he hereby is directed 
to pay to the said John Chahner the further sum of tJiree 
pounds pr. montli in addition to what has already been 
granted him by said resolve, to be paid quarterly, the first 
quarterly payment to be considered as due the first day 
of Septemr. next and to continue untill the further order 
of the Genl. Court the amount thereof to be charged to 
the United States. June 7, 1788. 

Chapter 11. 

RESOLVE ON THE PETITION OF JOSHUA HALL, AUTHORIZING 
THE ASSESSORS OF DUXBURT TO ASSESS THE MEMBERS OF 
A CLASS FOR THE BOUNTY MENTIONED. 

Upon the Petition of Joshua Hall head of a Class in the 
Town of Duxbury praying that the present Assessors of 



180 Resolves, 1788. — May Session. 



the sd. town of Duxhury may be empowered to assess upon 
the Members of the sd. Class a Sum equal to the whole 
Amount of the Bounty agreed to l)e given by the sd. Class 
to the Soldiers hired by them in the j^ear 1781, and the 
Costs of an Action against one of the Members of the sd. 
Class. 

therefore Resolved that for Reasons set forth in the sd. 
Petition the Prayer thereof be granted, and the present 
Assessors of the Town of Duxbury are hereby authorised & 
empowered to assess upon the Members of the said Class 
a Sum sufficient to pay the Bounty and Costs Aforesd. 
and any Constable or Collector of Taxes in the sd. Town 
to whom such Assessment shall be committed is hereby 
authorized & directed, to collect the Sum so assessed & 
to pay the same to the Treasurer of the sd. Town, to be 
disposed of for the Purpose abovementioned. 

June 9, 1788. 



Chapter 12. 

RESOLVE ON THE PETITION OF SUSANNA HOOD, AUTHORIZING 
HER TO SELL THE REVERSION OF THE LAND AND HOUSE 
MENTIONED. 

On the petition of Susanna Hood executrix of the last 
will &c of Richard Hood deceased praying for authority 
to sell the reversion of part of a house and Land lying 
between Purchase Street & Cowlane* in Boston, for the 
benefit of the estate of said Richard deceased. 

Resolved that for reasons set forth in said petition the 
prayer thereof be granted & that said executrix be & she 
is hereby authorized after first advertizing in Adams & 
JSTourses Boston News paper the time & place of sale to 
sell the said reversion to the highest bidder & to execute 
such conveyance thereof in Law as said Richard would 
himself have done in his life time, said Executrix procur- 
ing good & sufficient bonds to be given to the satisfaction 
of the Judge of Probate for the county of Suffolk that the 
produce of the said sale shall be applied to the payment 
of the debts of the said Richard deceased, in due form of 
Law. June 9, 1788. ■ 

* Printed as Low-Lane in previous editions. 



Kesolves, 1788. — May Session. 181 



Chapter 13. 

RESOLVE ON THE REPRESENTATION OF THE HON. SAMUEL 
BAKER AND ABNER HOLDEN ESQ'RS. A COMMITTEE TO SELL 
A GORE OF LAND IN THE COUNTY OF WORCESTER, DIS- 
CHARGING THEM OF THE SUM MENTIONED, AND GRANT TO, 
FOR THEIR SERVICES. 

On the Representation of the Honble Samuel Baker 
Esqr. & Abner Holdeii Esqr. a Committee appointed to 
sell a gore of Land in the County of WorceMer belonging 
to this Commonwealth as appears Iw a Resolution of the 
General Court of the 8th July 1786, which representation 
shews that the}'' have sold said land agreeal^ly to the di- 
rection to them given for the sum of =£^144. 4. 11. 

Resolved that as the said Samuel and Abner have paid 
to the Treasurer of this Commonwealth the sum aforesaid 
they are hereljy discharged therefrom. 

And it is further Resolved that there be allow'd and paid 
out of the Said Treasury to the said Baker ho enty six shil- 
lings and to the said Holden thirty eight shillings in full 
discharge of their respective accounts for services & ex- 
penditures in performing the business aforesaid. 

June 9, 1788. 



Chapter 14. 

RESOLVE ON THE PETITION OF EBENEZER ROBY & OTHERS 
HEIRS OF EBENEZER ROBT ESQ. LATE OF SUDBURY, EM- 
POWERING THE JUDGE OF PROBATE FOR MIDDLESEX, TO 
ISSUE A COMMISSION TO THREE INHABITANTS TO INSPECT 
AND APPRAISE THE LANDS MENTIONED. 

On the petition of Ebenezer Roby & others heirs of 
Ebenezer Roby, esqr. late of Sudbury in the County of 
Middlesex, praying for a division &. settlement of the es- 
tate of the deceased, bequeathed to them, of lands lying in 
Temj^leton in the County of Worcester. 

Resolved that the Judge of Probate for the County of 
Middlesex, be & he is hereby empowered to issue a Com- 
mission to three suitable freeholders, to inspect & ap- 
praise certain lands in Templet07i, mentioned in their said 
petition &, to report to the said Judge of Probate an ac- 
tual division of said lands, by which the shares of the sev- 
eral devisees mentioned in said petition maybe known, & 



182 Eesolyes, 1788. — May Session. 

to make partition thereof ; and that the said Judge of Pro- 
bate be & he is hereby empowered to make his Decree for 
confirming such partition, & for apportioning the taxes & 
charges which have arisen or may arise in the course of 
the business upon the several shares of the said devisees ; 
which decree shall be a final settlement of said estate, as 
much, as if all the said Devisees were of full age & had 
executed an instrument for the same purposes. 

June 9, 1788. 



Chapter 15. 

RESOLVE ON THE PETITION OF DANIEL NASH & TIMOTHY 
TOUNGLOVE, DIRECTING THE TREASURER TO CREDIT THE 
TOWN OF GREAT BARRINGTON, WITH THE SUM MENTIONED. 

On the Petition of Daniel Nash & Timothy Younglove 
a Committee of the Town of Great Barringtoii. 

Resolved for reasons set forth in the said Petition, that 
the Prayer thereof be so far granted, that the said Town 
be Credited by the Treasurer of this Commonwealth, the 
sum of tic enty five Pounds four shillings and four Pence, 
the same*beino; the Estimated value of fifteen hundred and 
twenty four Pounds of Beef, provided & Delivered by said 
Town, for and to the use of this Common Wealth, as by 
sundry Vouchers appears, & for which said town have not 
received any Credit, and the said Treasurer is hereby Di- 
rected to endorse the same sum on the Beef Exn. against 
the said Town, in part satisfaction of the same. 

Jam 9, 1788. 



Chapter 15 a. 

RESOLVE ON THE PETITION OF JONAS TEMPLE, IN BEHALF 
OF THE TOWN OF BOYLSTON, DIRECTING THE TREASURER 
TO CREDIT SAID TOWN, UPON TAX NO. 6, THE SUM OF £13 
6s. 

On the Petition of Jonas Tem])le Representative of the 
Town of Boylston praying that the said Town may be 
credited in the sum oi thirteen pounds six shillings which 
sum was charged to that Town upon tax No. 6 through 
mistake. 

Resolved that the Treasurer credit the said Town of 
Boylston upon Tax Number 6 the sum of thirteen pounds 



Resolves, 1788. — May Session. 183 

SIX shillings, in such way and maner as that the said Town 
ma}' l)e exempted from the payment of that sum. 

June 9, 1788. 

Chapter 16. 

RESOLVE ON THE PETITION OF THE TOWN CLERK cSc SELECT- 
MEN OF THE TOWN OF BOOTH BAY. 

on the petition of the Town Clerk & Select Men of the 
town of Booth Bay, in the County of Lincoln praying that 
they may be Empowered to call a Town Meeting for the 
purposes set forth in the Said petition : 

Resolved that the Select men of the said Town of Booth 
Bay, for the year 1787 — be, & they hereby are Inipow- 
er'd to Call a Town meeting, for Chuseing Town officers, 
& acting on any other town affiiirs agreeably to the Laws 
of this Coumion wealth, & their Doeings shall be as Valid, 
as though the sd. ]Meeting had been held in either of the 
months of March or April Last any Law to the contrary 
thereof notwithstandino-. June 9, 1788. 



Chapter 16a.* 

RESOLVE ON THE PETITION OF WILLIAM HUNT IN BEHALF 
OF GILBERT BENCH. 

on the Petition of William Hunt in liehalf of Gilbert 
Dench, praying for reasons set forth in his Petition, that 
Gilbert Dench may reenter an action brought by George 
Fechem against him l>efore William Hull Esqr. on the 
Twenty sixth day of may last. 

Resolved that the said Gilbert Dench by himself or At- 
torney serve the said George Fechem with an attested 
Coppy of the said Petition and this resolve thereon, two 
Dayes before the twelfth day of the present month, that 
he may then shew Cause, if any he has, wh}^ the prayer 
of the said Petition should not be granted, and that Exe- 
cution in the mean time be stayed. June 9, 1788. 

Chapter 17.t 

[May Session, ch. 17, 17S8.] 

* Not printed in previous editions. 

t Governor's message, see end of volume 



184 Resolves, 1788. — May Session. 



Chapter 18. 

RESOLVE ON THE GOVERNOUR'S MESSAGE, CONFIRMING THE 
DOINGS OF THE SEVERAL OFFICERS OF THE MILITIA, WHO 
HAVE BEEN APPOINTED TO THEIR RESPECTIVE OFFICES, 
& WHO THRO' INADVERTENCE, HAVE NEGLECTED TO SUB- 
SCRIBE THE OATHS REQUIRED BY LAW. 

Whereas it appears, that thro' the inadvertence or neg- 
lect of some Officers in the Militia, who, when they took 
the oaths required by Law to qualify them for their re- 
spective Offices, did not at the same time subscribe the 
oaths, as is required by Law, the interference of the Legis- 
lature in such cases is necessary. 

Resolved that the Several Officers of the Militia, in this 
Commonwealth who have heretofore been appointed to 
their respective offices, & who thro' inadvertance, have 
neglected to subscribe the oaths, as is required by Law, & 
have officiated as such in their respective Offices, be and 
are hereby confirmed in their Several appointments, and 
their doings already had in consequence thereof shall be 
as valid, as tho'no such neglect had taken place, provided 
they Severally subscribe such oaths on or before the first 
day of 8e])temher next. June 10^ 1788. 

Chapter 19. 

RESOLVE GRANTING A TAX TO BE LEVIED ON THE POLLS & 
ESTATES, BOTH REAL & PERSONAL, WITHIN THE COUNTY 
OF BARNSTABLE. 

Whereas it appears to this Court from the liepresentation 
of the Representatives of the County of Barnstable, That 
it is necessary that the Sum of tvjo hundred &, eight pounds 
tivelve shillings & eight pence be raised in said County, to 
discharge a Certain Judgment of Court which one Joseph 
Killey hath obtained against said County. 

Therefore Resolved., that there be, and hereby is granted 
a Tax of two hundred and eight pounds twelve shillings & 
eight pence to be Levyed on the Polls and Estates, both 
Real and personal within the said County of Barnstable — 
And the Clerk of the Court of General Sessions of the 
peace for the said County, is hereby impowered to appor- 
tion the said Sum upon the several Towns within the said 
County, in the manner pointed out by the Law of this 
Commonwealth, prescribing the mode of apportioning 



Resolves, 1788. — May Session-. 185 

County taxes and to issue his Warrants to the assessors 
of the said Towns for the assessment of the sum aforesaid. 

June 10, 1788. 

Chapter 30. 

RESOLVE RESPECTING COSTS OF CRIMINAL PROSECUTION. 

Whereas certain Costs liave necessarily arisin, in the 
enquiry into the late Insurrection and Prosecutions for 
Treasons and Seditions and no Provision has been made 
for the Payment thereof. 

Resolved that all such Costs be made up by the Attor- 
ney General in one general Bill or Bills for the respective 
Counties and Courts where such cost arose and that the 
same be taxed ])y the Clerk and examined and allowed by 
the Justices of the Supreem Judicial Court, and that such 
Bill or Bills l)e afterwards exhibited to the General Court 
for their further orders thereon. June 10, 1788. 

Chapter 21. 

RESOLVE ON THE PETITION OF THE TOWN OF GREENWICH, 
CONFIRMING CERTAIN DEEDS GIVEN BY THEIR COMMITTEE, 
OF CERTAIN LANDS LYING IN SAID TOWN, SEQUESTERED 
FOR THE USE OF A SCHOOL. 

On the Petition of the Town of Greenwich Praying that 
the Deeds given by their Committee of certain Lands 
lying in the said Town Sequestered for the use of a School 
may be Confirmed for Reasons set forth in the Said 
Petition. 

Resolved that the Prayer of the Petition be granted and 
that the Deeds given by the Said Committee be and they 
are hereby Confirmed and Declared good and Lawful and 
the money which may arise from the Sale of the Said 
Lands shall forever Remain as a Fund and the Interest 
arise ing therefrom be Annually Appropriated to the Pur- 
pose for which the Said Lands were originally granted to 
the Said Town. June 10, 1788. 

Chapter 33. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT, FOR 
THE COUNTY OF PLYMOUTH. 

Whereas it appears from the Treasurers accounts for 
the County of Plymouth that the monies granted and 



186 Resolves, 1788. — May Session^. 

allowed by the Court of General Sessions of the Peace 
for said County were for such purposes and appropri- 
ations as the law impowers said Court to provide for ; 
And that upon the third day of April last there remained 
in the hands of Collectors in outstanding taxes, /bwr hun- 
dred and Eighty pounds sixteen shillings &, seven pence 
halfpenny. 

Therefore Resolved, That the said Accounts be allowed ; 
the said Treasurer l^eing accountable for the ballance that 
remains due in some future settlement. June 10, 1788. 

Chapter 33. 

RESOLVE ON THE PETITION OF JOHN GARDNER OF SALEM, 
AUTHORIZING HIM TO SELL SO MUCH OF THE LANDS AS 
WILL AMOUNT TO THE SUM MENTIONED. 

Upon the Petition of Joh7i Gardner of Salem in the 
County of Essex Merchant an executor of the last Will 
& Testament of Jonathan Andrews late of said 8alem 
Tanner, deceased. 

Resolved that the prayer of said Petition, for reasons 
therein set forth, be and hereb}'" is granted, and that the 
said John Gardner in his said capacity, be and hereby is 
authorized & empowered to sell and dispose of so much 
of said deceased's real Estate as will amount to the sum 
oijive hundred & twenty p)Ounds, & to give and pass good 
& sufficient deed or deeds thereof, he conforming in other 
respects to the Laws of this Commonwealth regulating 
the sale of real Estates by executors, & to settle with 
the Judge of probate of Essex County for the proceeds 
thereof. Juve 11, 1 788. 

Chapter 24. 

RESOLVE FOR PAYING £3 TO THE COMMITTEE FOR STAT- 
ING PUBLIC ACCOUNTS, TO ENABLE THEM TO PROCURE 
VOUCHERS. 

Resolved, That there lie paid out of the Treasury of 
this Commonwealth To John Deniing and Peter Boyer a 
Committee for methodizing the Publick Accounts the Sum 
of Three pounds to enable them to send an Express to 
Brookfield & South Hadley to obtain some Vouchers nec- 
essary to the Completion of some accounts to be charged 
to the United States, the said Committee to be accountable 
therefor. June 11, 1788. 



Resolves, 1788. — May Session. 187 



Chapter 25. 

RESOLVE GRANTING TO WILLIAM DREW, ESQ. £25 3s. Id. BE- 
ING THE BALANCE OF HLS ACCOUNT, FOR REPAIRING THE 
LIGHT HOUSE, ON THE GURNET. 

Resolved That there be allowed and paid out of the 
pul)]ic Treasury from the Light House fund to William 
Drero Esq. Tic enty five pounds three shiUinr/s & seven pence 
heing the ballance of his account for repairing the Light 
House on the Gurnet near Plymouth by order of the Gen- 
eral Court. June 13, 1788. 



Chapter 26. 

ORDER REQUESTING THE GOVERNOR AND COUNCIL, RELA- 
TIVE TO THE MINT. 

Ordered, that the Governor & Council be requested to 
lay Ijefore the Two Branches of the Legislature an account 
of the Cost of erecting & compleating the ]\lint, of the 
Expences of carrying on the Business of said Mint, of 
the Quantity' of Coin already struck and what may be 
expected to be struck in the Course of the present Year 
And in oeneral the State of the said ]\Iint. 

June 13, 1788. 

Chapter 27. 

RESOLVE EMPOWERING THE TREASURER TO PAY UNTO THE 
UNITED STATES COMMISSIONER OF LOANS IN THIS STATE, 
INDENTS OF INTEREST ISSUED FROM ANY LOAN OFFICE, 
UNTIL FURTHER ORDERS, AND THE GOVERNOR & COUNCIL 
REQUESTED TO ISSUE WARRANTS. 

AVhereas the Board of Treasury of the United States, 
pursuant to an Act of Congress, passed the 11th of Octo- 
ber 1787, transmitted to this State an Account of arrears 
due from this State, on existing requisitions ; l)y which 
account it appears, there were due to the L^nited States 
on the 30th June 1787 the sum of, Eight hundred, sixty 
thousand, eight hundred & sixty eight dollars, &> 7D-i)0ths, 
in indents of interest ; And Whereas Congress, b}^ the 
act aforesaid, i)ermitted the several States to pay unto 
their respective Commissioners of Loans, their Quotas 
of Indents of interest, without a proportion of specie. 

therefore Resolved, that the Treasurer of this Common- 
wealth be & he hereby is empowered & directed to pay 



188 Kesolves, 1788. — May Session. 

unto the United States Commissioner of Loans in this 
State, Indents of interest, issued from any Loan Office, 
that may come into the Treasury of this State, until the 
further orders of the Legislature, & the Governor with 
advice of Council is requested to issue warrants accord- 
ingly. June 13, 1788. 

Chapter 38. 

RESOLVE ON THE PETITION OF THE TOWN OF EASTHAM. 

Whereas it appears to this Court, that the inhaliitants 
of the town of Eastham in the County of Barnstable, are 
so reduced in their fishery & husbandry, that they are not 
able to sup})ort themselves & ftimilies, & pa}^ their usual 
proportion of the public expence : 

therefore Resolved, that the prayer of the petition of 
the said Town of Eastham be so for granted that the in- 
habitants thereof l)e & they hereby are abated, the sum 
of Three hundred & ffty three pounds, three shillings & 
eight pence, the sum levied on said town, as their propor- 
tion of tax No. 4, and one moiety of the sum levied on 
said town, in the tax No. 5, excepting the sum charged 
on the said town for Rei)resentatives pay ; & the Treasurer 
is herel)y directed to govern himself accordingly. 

June 13, 1788. 

Chapter 39. 

ORDER REQUESTING THE GOVERNOR TO ISSUE SUCH PROCLA- 
MATION, AND TAKE SUCH MEASURES, AS SHALL BE CON- 
SISTENT WITH THE LAW OF NATIONS, FOR THE RECOVERY 
OF THE PROPERTY MENTIONED, AND SECURITY OF THE 
OFFENDER, ADOLPH F. DAHLBERG, A SUBJECT OF THE 
KING OF SIVEDEN^. 

His excellency the Governor having communicated a 
letter from the honorable John Jag esqr. Secretary for 
foreign aftairs — which relates to a supposed rol)bery & 
piracy, committed by a certain Adolph Frederick Dahl- 
herg a subject of the King of Sioeeden. 

Ordered that his excellency the Governor, be and he 
hereby is requested to issue such proclamation, and take 
such measures consistent with the Law of Nations, as he 
may think proper, for the recovering the property and 
securing the offender, if within this Commonwealth. 

June 13, 1788. 



Resolves, 1788. — May Session. 189 



Chapter 30.* 

[May Session, ch. 30, 1788.] 



Chapter 31. 

ANSWER TO THE GOVERNOUR'S SrEECH. 

In Senate, June 5, 1788. 

Ordered, That Caleb Strong, Charles Turner, Tristram 
Dalton, and Josiah Thacher, Esquires, with such as the 
Hon. House may join, be a Committee to wait on his Ex- 
cellency the Governour, with the following answer to his 
Excellency's Speech, at the opening of the session. 

Sent clown for concurrence, 

Samuel Phillips, jun. President. 

In the House of Kepeesentatives, June 5, 1788. 

Kead and concurred, and Mr. Parsons, Dr. Jarvis, Mr. 
Paine, Mr. Fuller, and Mr. Spooner, are joined. 

Theodore Sedgwick, Speaker. 

jSIay it please your Excellency, 

The two branches of the Legislature have attended to 
your Excel] enc^^'s address at the opening of the present 
session, and, with the greatest pleasure, contemplate with 
you the compleat restoration & perfect establishment of 
the public peace and tranquillity — and we assure your ex- 
cellency, that no measures, on our part, will be neglected, 
which may tend to restore an harmony of sentiment among 
the citizens, and a union of exertion, to continue and es- 
tablish the blessings of good order & regular government, 
which are now happily diffused thro' the Commonwealth : 
and from your Excellency's distinguished patriotism, and 
uniform attentions to the pul)lic felicity, we do, with the 
utmost confidence, rely on your wise and zealous coopera- 
tions, to eflect these salutary objects. 

Permit us to congratulate your Excellency, on the pros- 
pect, that a large part of the domestic debt of the United 

* Governor's message, see end of volume. 



190 Resolves, 1788. — May Session. 

States will soon be discharged by the sale of the federal 
lands, and of the diminution of our State-debt, by the dis- 
position of our western territory, made the preceeding 
year. At the same time, we lament the extreme fluctua- 
tion in the value of our public securities, which, with your 
Excellency, we believe injurious to the government, and 
mortifying and destructive to our creditors : and we assure 
your Excellency, that we shall pursue every method in 
our power, to place the credit of the Commonwealth upon 
a just and permanent basis : and although, from the happy 
prospect of the United States becoming a respectable and 
important nation, by the adoption of the federal constitu- 
tion, we may expect soon to relinquish a i)ortion of our 
revenues, to satisfy the necessary national demands, yet 
we are confident, this Commonwealth will have in her own 
power, remaining resources adequate to the placing of her 
credit, upon an honourable and honest foundation. 

To facilitate the attainment of this important object, we 
hope to lessen our public expenditures, and by a diligent 
and unremitted attention to the duties of our department, 
render our sessions as short, as the public exigencies will 
admit. 

But the revenue of the Commonwealth, is not the only 
object that demands our consideration : our prosperity 
and security depends also, on the real efficiency of a well 
regulated militia ; and every defect in the laws for regu- 
lating it, pointed out by your Excellency, or that we may 
discover, will be entitled to our -diligent attention. 

We feel ourselves obliged to your Excellency, for your 
confidence in our patriotism, and disposition to promote the 
general happiness : and your Excellency may rest assured, 
tiiat we shall omit nothing in our power, to encourage and 
protect literature, and the arts and manufactures of the 
country, and to promote industry and economy, and the 
practice of every virtue, moral and political, which may 
advance the honour and reputation of this state in particu- 
lar, and of the United States in general, & secure to our- 
selves and to posterity, the benefits of our Independance, 
and the blessings of freedom. 

Your Excellency will please to receive our warmest grat- 
ulations, on your reappointment to sustain the First office 
in this Commonwealth, and we entertain the most pleasing 
expectations, from the reciprocal and merited confidence 
subsisting in the executive department, and, as we trust. 



Resolves, 1788. — May Session^. 191 

from the earnest disposition of the legislature, to co- 
operate in every measure calculated to advance the pul)lic 
interest, that every department of government, will unite 
their exertions, in supporting the honour of the Common- 
wealth, and in providing for the safety and happiness of 
her citizens. 



Chapter 33. 

RESOLVE ON THE PETITION OF OLIVER WHITING. 

On the petition of Oliver WJiitinrj, praying for a full 
discharo-e from an execution against him in favor of the 
Commonwealth, for the sum oi eighty pounds and costs. 

Whereas there is now in the hands of Loammi Baldiviii 

esqr. Sherrif of the County of Middlesex, an execution in 

favour of this Common^vealth, against Oliver Whiting of 

Tewksbury, in the same County for the sum of Eighty 

pounds de1)t, & thirteen pounds three shillings, cost of suit : 

Resolved for the reasons set forth in the said petition 
that the said Whiting, be & he is hereby discharged from 
any claim or demand of this Commonwealth on account 
of the said execution, and the Sherrift' aforesaid is hereljy 
authorised and directed to govern himself accordingly. 

June 13, 1788. 



Chapter 33. 

RESOLVE DIRECTING THE COLLECTORS OF IMPOST AND EXCISE, 
TO PROSECUTE SUCH ASSESSORS OF TOWNS AND PLANTA- 
TIONS, WHO HAVE NOT RETURNED LISTS OF DUTIED CAR- 
RIAGES, AND TO PROSECUTE ALL DELINQUENTS, AND THE 
. COMPTROLLER DIRECTED IN THIS CASE. 

Resolved, That the Collectors of Impost and Excise be 
and they are hereby directed forthwith to prosecute such 
Assessors of the several Towns and Plantations in their re- 
spective Counties, as have not according to Law returned 
Lists of dutied Carriages, and in like manner to prosecute 
such Constables to whom Lists of the Delinquents in the 
Payment of the said Duties and Warrants of Distress, 
have been committed, and who have not made Returns and 
Payments according to Law ; And the Comptroller Gen- 
eral is hereby directed to see that the aforegoing Resolu- 
tion is put into Execution and to cause this Resolve to be 



192 Resolves, 1788. — May Session. 

published (at least) in one of the Newspapers in each of 
those Counties where Newspapers are printed. 

June 13, 1788. 

Chapter 34. 

RESOLVE ON THE PETITION OF JOEN DAVIS OF DIGHTON, 
RESTORING HIM THE FOUR CHESTS OF TEA MENTIONED. 

On the Petition of John Davis of Dighton, in the 
County of Bristol pra3nng that four chests of Tea (seized 
for a supposed Breach of the Revenue Laws of this State) 
may be restored to Him. 

Rf.solv,d — That for reasons set Forth in sd. Petition, 
the above Four chests of Tea be restored unto the sd. 
Davis He paying the Expences that have or may arise on 
the same together with the Impost & Excise agreeably to 
Law. June 14, 1788. 

Chapter 35. 

RESOLVE ON THE PETITION OF DANIEL PUTNAM, IN BEHALF 
OF THE TOWN OF FITCHBURG, EMPOWERING SAID TOWN 
TO PAY THE FINES MENTIONED, IN CONSOLIDATED SE- 
CURITIES. 

On the Petition of Daniel Putnam in behalf of the 
Town oi Fitchburg praying that the fine of £17,10,0 for 
said Town's not sending a Representative to the General 
Court for the Year 1785, and a fine of £11,5,0 for said 
Town's not sending a Representative to the General Court 
for the year 1786 be abated to the said Town for reasons 
set forth in said Petition. 

Resolved that the prayer of said Petition be so far 
granted that the said Town of Fitchburg, be and hereby 
are admited and impowered to pay said Fines into the 
public Treasury in the Consolidated securities of this Com- 
monwealth, and the Treasurer is hereby directed to gov- 
ern himself accordingly. June 14, 1788. 

Chapter 36. 

RESOLVE ALLOWING CERTAIN TOWNS TO PAY THEIR FINES 
IN CONSOLIDATED SECURITIES, FOR NOT SENDING REPRE- 
SENTATIVES, AND DISCHARGING OTHER TOWNS THE WHOLE 
AMOUNT OF THEIR FINES. 

Whereas a Number of Towns of this Commonwealth by 
an Order of the House of Representatives of March 7, 



Resolves, 1788. — May Session. 193 



'J 

1787, were lined for not chasing Representatives to Rep- 
resent them in the General Court in the Year 1786 agree- 
ably to the Constitution. 

Resolved that the fines aforesaid that are set against the 
above described Towns by the aforesaid Order, be and are 
liereby allowed to be paid and discharged in the Consoli- 
dated Securities of this Commonwealth. 

and be it further Resolved that the towns of Billerica, 
Afhol, Medivay, Templeton, and Charlton respectively be 
and hereby are discharged the whole amount of the Fines 
laid on said Towns by the aforesaid order. 

June 14, 17S8. 

Chapter 36a.* 

RESOLVE ON THE PETITION OF THE INHABITANTS OF DUX- 
STABLE. 

On the petition of a number of the inhabitants of the 
town of Dunstable, praying that they and their lands ly- 
ino^ on the east side of Merrimach river in said Dunstable 
may be set oif and annexed to the town of Dracut, there 
to receive privileges and do duty with said town of Dra- 
cut : — Ordered t\\2it the petitioners notify the Towns of 
Dunstable and Dracut by leaving a copy of their petition 
and this order of Court with the town Clerk of each of the 
said Towns thirty days before the third Wednesday of the 
next sitting of the General Court, that they may then shew 
cause if any they have why the prayer of said petition 
should not be granted. June 14, 1788. 

Chapter 37. 

RESOLVE FOR BORROWING MONIES FOR PAYING MEMBERS, &c. 

Resolv'd That the Treasurer of this Commonwealth be 
& he hereby is empowered and directed to borrow on the 
credit of the first Monies which shall be receiv'd into the 
Treasury upon the Tax granted the last session of the last 
General Court, called Tax No. 6, not already appropri- 
ated ; & also upon the first monies which shall come into 
the Treasury from an Act passed the 31st. oi March last, 
for the purpose of raising a Public revenue by excise, not 
before appropriated, a Sum sufficient to pay to His Excel- 
lency the Governor tioo hundred & seventy five Pounds, in 

* Not printed in previous editions. Taken from court record. 



194 Eesolves, 1788. — May Session. 

part of his salary for the present Year ; and to the Mem- 
bers of the Honorable Council, Senate & House of Repre- 
sentatives respectively, for the amount of their travil & 
attendance the present session of the General Court ; and 
also a Sum sufficient to pay to each of the Justices of the 
Supreme Judicial Court, Who shall the present Season 
proceed on the eastern Circuit thirty pounds, and to the 
Attorney General & to John Tucker esqr. Clerk of the 
said Court , Jif teen pounds each in part of the sums due to 
them respectively ; & the Treasurer is directed to apply 
the money borro w'd by virtue of this Resolve accordingly ; 
& to repay the same agreeably to the appropriations above 
specified. June 16, 17S8. 

Chapter 38. 

RESOLVE ON THE PETITION OF JEMIMA STODDARD, MAKING 
NULL AND VOID A CERTAIN JUDGMENT, AND EMPOWER- 
ING HER TO RE-ENTER THE ACTION. 

on the Petition of Jemima Stoddard, praying that a 
Judgement obtained against her, in favour of Jb/iw WyetJi, 
before Timothy Walker Esqr. one of the Justices of the 
peace, for the County of Middlesex on the twent}^ ninth 
day of May last, may l)e set aside, and that she may have 
an opportunity to make Defence against the action on 
which the Judgement afores'd was rendered. 

Resolved that the aforesaid Judgement, and the Execu- 
tion Issued thereon, be and hereby is made null and void, 
and that the said Jemima Stoddard be and she hereby is au- 
thorized & impowered to reenter the aforesaid action for 
a new trial, before said Justice to l)e held on the fifteenth 
Day of Jidy next at three of the Clock, in the afternoon, 
and that the same Proceedings l)e had thereon to all in- 
tents and purposes, as if the same action was then origi- 
nally brought before the said Justice and that the said 
Jemima Cause the said JoJin to be served with an attested 
coppy of this Resolve, seven days at least previous to the 
said fifteenth day oi July. • June 16, 1788. 

Chapter 39. 

RESOLVE ON THE PETITION OF JOHN SMITH, TO NOTIFY THE 
ADVERSE PARTY TO SHEW CAUSE, AND TO STAY EXECU- 
TION IN THE MEAN TIME. 

On the petition of John Smith praying for a new hear- 
ing of an action commenced against him by Shubael Lovel, 



Kesolyes, 1788. — May Session. 195 

& which was defaulted at the Court of Common Pleas held 
at Barnstable in April last. 

Resolved that for reasons set forth in the said petition 
the prayer thereof be so far granted as that the said John 
Smith cause the said Shubael Lovel to be served with an 
attested copy of the .said petition & this Resolve, fourteen 
days at least before the second Wednesday of the next 
Setting of the General Court that he may then appear & 
shew cause if any there be, why the prayer of the said pe- 
tition should not be granted and that execution be stayed 
in the mean time. June 16, 17S8. 



Chapter 40. 

RESOLVE ON THE LETTERS FROM THE SECRETARY OF CON- 
GRESS, DATED THE Vlin AND 26th OF MAY, 1788, INCLOS- 
ING TWO RESOLUTIONS OF CONGRESS, REQUESTING THE 
GOVERNOR TO CAUSE THE SAID RESOLUTIONS TO BE PUB- 
LISHED. 

His Excellency the Governor having communicated to 
the General Court, two Letters from the Secretarj^ of Con- 
gress dated the 12th & the 26th of May 1788, inclosing 
resolutions of Congress passed the 8th & the 22d of May, 

Ordered that his Excellency the Governor be, & he 
hereby is requested to cause the said Resolutions to be 
published agreeably to the request in the Letter first 
mentioned. Jtoie 16, 1788. 



Chapter 41. 

RESOLVE ON THE REPRESENTATION OF THE COMMITTEE FOR 
METHODIZING ACCOUNTS RESPECTING A STATEMENT OF 
THEIR PROCEEDINGS; AND REQUESTING THE GOVERNOUR 
TO WRITE TO THE EXECUTIVES OF THE STATES, ON THE 
SUBJECT MENTIONED, AND FORWARD ACCOUNTS. 

The committee of both Houses appointed ' ' to examine 
the state of the demands the commonwealth have against 
the United States, and the proceedings of the committee 
for methodizing the public accounts, &, to report what 
progress the}^ have made, the State of their books, and 
what further measures may be necessary to enable this 
Commonwealth, to obtain an allowance of their just de- 
mands against the United States " have attended that ser- 
vice, & ask leave to report — 



196 Resolves, 1788. — May Session. 

That they have examined the books of the committee 
for methodizing the public accounts, & find them kept in 
a regular, mercantile manner. 

That l)y a statement of their proceedings, herewith ex- 
hibited, it appears that certificates from commissioners 
appointed for that purpose by Congress, are obtained for 
accounts allowed to the amount of Seven hundred forty 
thousand, Jive hundred sixty seven pounds two shillings & 
07ie jjenny , as specie — and a further account to the amount 
nearly oi Ninety thousand pounds, as specie, is exhibited, 
& will probably be allowed by Colonel Haskell the present 
Commissioner of Congress. 

That another account, amounting to eight millions four 
hundred & nineteen thousand, four hundred & ninety five 
pounds, fourteen shillings Sc ten pence in old currency — 
to Thirty nine thousand three hundred & forty two pounds 
& nine pe7ice three farthings in new" emission — and to 
One millio7i, seven hundred & twenty one thousand three 
hundred & seventy seven pounds, three shillings & five 
pence one faHhing m specie — has been exhibited to the 
said Commissioner, who, not thinking himself authorised 
to allow the same, has certified them agreably to an ordi- 
nance of Congress of the 7th oi May 1787. 

That another account, of an uncertain, but of a consid- 
erable amount is nearly ready to be exhibited, & will prob- 
ably be compleated, in time to be presented to the present 
commissioner, whose commission soon expires. 

Your committee find, that there are charged to the State 
of Connecticut, and to the State of Rhode Island sundry 
articles lent by this government in the years 1776&1777, 
not yet paid for, and take leave to report an order re- 
questing his excellency the Governor to write to the ex- 
ecutives of those states on the subject, and to forward 
accounts of the same. Read and accepted. 

June 16, 1788. 

Chapter 43. 

ORDER REQUESTING THE GOVERNOR TO AVRITE TO THE STATES 
OF CONNECTICUT AND RHODE ISLAND, AND FORWARD AC- 
COUNTS. 

Whereas in the books of the committee for methodizing- 
the public accounts there are charged to the States of 



Kesolves, 1788. — May Session. 197 

Connecticut & Rhode Island suncUy articles, for which no 
pay has been made : 

Ordered that the Governor of this Commonwealth, l)e 
and he hereby is requested, to forward accounts of the 
same, to the executives of the said States respectivel}^ de- 
siring a settlement thereof. June 10, 1788. 



Chapter 43. 

ORDER ON THE PETITION OF THE SOCIETY FOR PROPAGAT- 
ING THE GOSPEL AMONG THE INDIANS AND OTHERS, RE- 
QUESTING THE GOVERNOUR TO ISSUE A BRIEF. 

On the petition of the Society for propagating the gos- 
pel among the Indians & others in North America : 

Ordered that his excellency the Governor, be, & he is 
hereby requested, with the advice of Council to issue a 
brief, recommending it to the religious societies thro' out 
this Commonwealth, to contribute either in specie or pul)- 
lic Securities of any denomination, for the pious & charita- 
ble purpose mentioned in the said petition. 

June 16, 1788. 



Chapter 44. 

RESOLVE ON THE MEMORIAL OF LOAMMI BALDWIN, SHERIFF 
FOR MIDDLESEX COUNTY, EMPOWERING HIM TO REMOVE 
ANY PRISONERS CONFINED FOR DEBT IN CONCORD GOAL, 
TO CAMBRIDGE QOKh. 

On the memorial of Loammi Baldwin Sheriff for the 
County of Middlesex shewing that the Public Goal in 
Concord in said County is totally insufficient for the safe 
keeping of Prisoners & praying for liberty & power to 
remove any prisoner which may be confined in the said 
Concord Goal for debt or other Cause, to the Goal in 
Cambridge in said County ; 

Resolved, that the aforesaid Loammi Baldivin, be, & 
he hereby is impowered to remove any Prisoner or Pris- 
oners which may be confined in the said Concord Goal for 
debt or other Cause to the Goal in Cambridge in said 
County when he the aforesaid Loammi Baldwin for the 
safe keeping of prisoners shall Judge it necessary. 

June 16, 1788. 



198 Kesolves, 1788. — May Session 



Chapter 45. 

RESOLVE ON THE PETITION OF JAMES PRESCOTT, CLERK OF 
THE PROPRIETORS AT GROTON, APPOINTING A COMMITTEE 
TO EXAMINE THE CONDITIONS OF SAID GRANT, VIEW THE 
PREMISES & REPORT. 

On the petition of James Prescott, Clerk of the proprie- 
tors of Groton setting forth, that by the line latel}' estab- 
lished between this Commonwealth and the State of J^ew 
York they have lost a considerable part of the land 
granted to the said proprietors in the year 1771, by the 
late province of Massachusetts Bay, and praying com- 
pensation therefor. 

Resolved That Thompson J. Shinner Esqr. Elijah 
Diuight Esqr. & JSFathanl. Bishop Esqr. be a Committe 
to examine the conditions of said Grant, view the premises 
and report to the General Court at their next Session 
what they shall Judge reasonable to be allowed to said 
Groton proprietors, the charges of said Committe — To 
be paid by the petitioners. June 16, 1788. 

Chapter 46. 

RESOLVE ON THE PETITION OF JESSE SMITH, AND MARAH 
COFFIN, GRANTING THEM THE WAGES DUE TO JESSE 
SMITH AND JOHN COFFIN. 

On the Petitions of Jesse Smith & Marah Coffin, (in be- 
half of her deceased husband John Coffin) seting forth, 
that the said Jesse and John had served in Col. Washing- 
ton's corps of Draggoons and that on the eighteenth day 
oi August A. D. 1783, a Warrant was made out by the 
Governor with advice of Council directing the Treasurer 
to pay each of them Seven pounds eleven Shillings & six 
pence Specie to be paid in Notes with a premium of 4 pr. 
Ct. and the addition of one years Interest, in full for the 
ballance due said soldiers for their wao;es and all Demands 
to the 31st of December 1780 ; and that on the 19th day 
oi June 1780, an Other warrant was made out as aftbrsaid 
directing Henry Gardner Esqr. then Treasurer to pay the 
said Jesse and John, Ttvo thousand & Sixty poujids one 
Shilling & ten pence each Continental currency to be 
paid in Notes in full of the depreciation of said soldiers 
wages, to 31st of December 1779, and farther representing 
that the said Warrants are either lost or mislaid & that 



Kesolves, 1788. — May Session. 199 

the said wag'es are yet in tlie Treasury, all which by the 
documents from the Treasurers and Secretaries Offices 
appear to be true. 

Resolved that there be paid out of the Treasury of this 
Commonwealth unto Jesse Smith and Marah Coffin sev- 
erally the Said Sums of Seven pounds eleven Shillings &, 
six pence and also the said further Sums of two thousand 
& Sixty jjounds one Shilling & Ten pence in the same 
manner as directed liy the warrants abovementioned in 
full discharge for the ballances and depreciation of Wages 
and all Demands due to the said Jesse and John. 

And it is further Resolved that the AYarrants first drawn 
as Afforsaid be and hereby are Declared Null and void & 
the Treasurer is directed to govern himself accordingly. 

June 16, 178S. 



Chapter 47. 

RESOLVE ON THE PETITION OF SPENCER PHELPS, GRANT TO. 

On the Petition of Spencer Phelps Setting forth that 
his horse was greatly Damaged in the year 1787, in the 
Publick service : 

Resolved that there be allowed and Paid out of the 
Treasury of this Commonwealth to the Said Spencer 
Phelps the sum of three pounds Lawful Money in full 
Payment of the Damage Aforesaid. June 16, 1788. 



Chapter 48. 

RESOLVE ON THE PETITION OF WILLIAM LUSK, IN BEHALF 
OF THE TOWN OF RICHMOND, ABATING A TAX LAID ON 
SAID TOWN, IN THE LAST TAX ACT, AND AUTHORIZING 
THE ASSESSORS IN THIS CASE, AND DIRECTING THE AP- 
PORTIONMENT IN ALL FUTURE TAXES. 

Whereas, it has been made to appear to tliis Court, 
upon the Petition of William Lusk in behalf of the town 
of Richmond, that by the late running of the Line l)etween 
this Commonwealth and the State of jVew York, part of 
said Town of Richmond, which was returned and taken 
into the last Valuation in this State, falls within the said 
State of JVeiv York: therefore 

Be it resolved that the sum of twenty pounds fourteen 
shillings & four pence half penny, being part of the sum 
laid on said Town in the last tax act called numJier six, be 



200 Resolves, 1788. — May Session. 

and hereby is abated — and that the Assessors of said 
Town be and they hereby are authorized & empowered (if 
the same tax is not ah'eady assessed) to govern themselves 
accordingly. 

And it is further resolved that in all future taxes here- 
after to be laid or apportioned on the said Town of Rich- 
mond, the said Town shall l)e held only to pay the sum of 
three pounds one shilling in the thousand pound, — and 
the treasurer of the County of Berkshire is herel)y author- 
ized & directed to make & allow a proportionable al)ate- 
ment of the last county tax apportioned on said Town. 

June 17, 1788. 



Chapter 49. 

RESOLVE ON THE PETITION OF NATHAN WALDEN, GRANT TO. 

On the Petition of JSTathan Walden a Soldier in Col. 
Shepards Regt. Capt. Holbrooks Company Inlisted for the 
Term of Nine Months Setting forth that he was taken pris- 
oner on the Third Day of February A D. 1780, & was 
Returned Dead and omitted in the Rolls of the Regiment 
from that time untill his Return wdiich was in the Decem- 
ber following, & Praying that he may Receive his wages 
for the Term aforsaid : 

Resolved That the Prayer of the Petition be granted and 
that there be paid out of the public Treasury to the Said 
JSTathan Walden the Sum of Tioenty one Pounds Six Shil- 
lings & eight pence in the Same manner as tho he had ben 
})orn on the Rolls of said Regiment — and that the same 
be charged to the United States. June 17, 1788. 



Chapter 50. 

RESOLVE ON THE PETITION OF EUNICE EMERSON, GRANT TO. 

On the Petition of Eunice Emerson praying allowance 
for the support of John Amy, his wife & child : 

Resolved that there be paid out of the Treasury of said 
Commonwealth, to the Selectmen of the Town of York, 
for the Benefit of the said Eunice Emerson, the sum of 
Forty Seven Pounds six shillings & six pence, in full for 
the support of the above said Persons, up to the first day 
oiJuly, 1788. June 17, 1788. 



Resolves, 1788. — May Session. 201 



Chapter 51. 

RESOLVE ON THE PETITION OF DANIEL CLAPP, GRANT TO 

On the Petition oi Daniel Clapp, of 3fonfar/iie praying 
for allowance & payment for an Horse which was lost in 
the service of this Commonwealth in Febr. 1787 — 

Resolved that the prayer of the sd. Petition be granted; 
& that there be paid out of the Treasury of this Common- 
wealth the sum of Fifteen Pounds out of the specie ]jart 
of Tax Xo. 5 in full compensation for sd. Horse. 

June 17, 1788. 

Chapter 52. 

RESOLVE ON THE PETITION OF ABIGAIL WATERS, AND JOSIAH 
WATERS, ESQ. AUTHORIZING THEM TO COMPLY WITH THE 
AGREEMENT MENTIONED. 

On the petition of Abigail Watej^s & Josiah Waters 
Esqr. Administrators of the estate of Capt. Josiah Waters 
deceased praying for authority to execute a deed of a 
house & Land described in said petition in pursuance of 
an agreement made by said Capt. Josiah Waters in his life 
time : 

Resolved that the prayer of said petition be granted, & 
that the said administrators be & they hereby are author- 
ized to comply with the agreement aforesaid & execute a 
deed of the said house & Land in the same manner as said 
Capt Josiah Waters could himself have done had he lived. 

June 17, 1788. 

Chapter 53. 

RESOLVE ON THE PETITION OF THOMAS SHELDOX. 

On the Petition of Thomas Sheldon praying that the 
Default in an Action against him before Lemuel Barnard 
Esqr. in favour of JosejJi Goodrich on the twentieth Day 
of August last may be taken off, <fe that the Judgment on 
said Default may be rendered void and of no Efi'ect : 

Resolved, that for the Reasons set forth in the said Peti 
tion the Prayer thereof be granted and the Judgment 
obtained in the said Action is hereby declared void on 
Condition that the sd. Thomas shall serve the sd. Josej)h 
with an attested Copy of this Resolve within two Months 



202 Resolves, 1788. — May Session. 

from this Time and in sucli Case the said Joseph Goodrich 
is hereby authorised & empowered to enter the said Action 
at the Court of Common Pleas next to l)e holden at Lenox 
in the County of Berkshire on the second Tuesday of Sep- 
tember next and sucli Proceedings shall be had thereon as 
if the sd. Thomas had appeared before the sd. Justice and 
disputed the plaintifls Demand. June 17^ 1788. 



Chapter 54. 

RESOLVE ON THE PETITION OF EBENEZER WHITING, EMPOW- 
ERING FISHER AMES ESQ. TO ISSUE AN ALIAS EXECUTION 
ON THE JUDGMENT MENTIONED. 

On the Petition of Ebenezer Whiting^ praying an Order 
of this Court to impower Fisher Ames Esqr. one of the 
Justices assigned to keep the Peace within & for the 
county of SuJfoIJv to issue an alias Execution, on a Judge- 
ment obtained before said Justice in his favour, against 
James Herring for the reasons set forth in his Petition. — 

Resolved that the Prayer of said Petition be granted, 
and that said Fisher Ames Esqr. be and he hereby is im- 
poAvered and directed, to issue an alias Execution on the 
Judgement aforesaid, the said Levy, Return, & proceed- 
ings on said first Execution, & the supposed satisfaction 
& payment thereof notwithstanding. June 17, 1788. 

Chapter 55. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE 
GENERAL COURT. 

Resolved, that there be paid out of the Treasury of this 
Commonwealth, the sum of seven shillings, to each mem- 
ber of the Council ; the sum of six shillings & six 2'>&rice, to 
each member of the Senate ; & the sum of six shillings, 
to each member of the house of Representatives, for each 
day's attendance in Council or the General Court respec- 
tively, the present session, also the sum of one day's pay, 
for every ten miles distance each member lives from the 
State house in Boston. 

And it is further Resolved, i\\a.t there shall be paid out of 
the public treasury, to the honble. Samuel Phillips junr. 
Esqr President of the Senate, & to the honl)le Theodore 
Sedgwick, es(|r. Speaker of the House of Representatives,, 
each the sum oifive shillings per day, for every day's at- 



Kesolves, 1788. — May Session. 203 

tendance on the General Court the present session, over 
& above their respective pay as members thereof. 

Jime 18, 1788. 

Chapter 56. 

RESOLVE ON THE MEMORIAL OF RICHARD DEVEXS ESQ. 
COMMISSARY GENERAL, GRANT TO. 

On the Memorial of Richard Devens Esquire Commis- 
sary General, representing "that he stands in need of 
Monies to enable him to execute the several Orders of 
Government ; " for the reasons set forth in the said Me- 
morial. 

Resolved, that there he paid out of the Public Treasury 
of this Commonwealth, to Richard. Devens Esquire Com- 
missary General the sum of Three thousand Jive hundred 
pounds, out of the Specie part of tax Number five, which 
sum shall be applied to and for the following purposes, 
Viz. To purchase Provisions, Clothing and fuel for the 
Garrison and Convicts on Castle Island, to complete the 
building the Jail and the repairs of the Wharf on the said 
Island to repair the stone wharfe at the light house, the 
Boats belonging to the Commonwealth, and the steps of 
the State House ; the said Commissary General to be ac- 
countable for the expenditure of the same. 

June 18,1788. 



Chapter 57. 

RESOLVE PROVIDING FOR THE ENDORSEMENT OF CHARTER 
PARTIES, POLICIES OF INSURANCE AND BILLS OF LADING. 

Whereas a duty of three shillings is by Law imposed on 
every charter party, a duty of t%vo shillings on every policy 
of Insurance and a duty of one penny on every bill of Lad- 
ing ; wdiich sums are to be paid to some of the naval Ofii- 
cers in the county where the said several Instruments 
shall 1)6 made & the said Instruments are to be signed at 
the Left hand — and Whereas, many persons by reason of 
the Novelty of such duties & not sufficiently attending to 
the Law in that behalf made, have neglected to obtain the 
Signiture of the naval Ofiicer upon such Instruments, ])y 
means of which many such Instruments, which may have 
been fairly & honestly made in other respects, may be 
void, not being signed by some naval ofiicer & the duties 
by Law required, not being paid thereon which will greatly 



204 Resolves, 1788. — May Session. 

distress many good citizens of this Commonwealth — for 
preventing wliereof — 

Be it resolved, that in all & every case where any Char- 
ter party, Policy of Insurance or bill of Lading has been 
signed and made, but for the reasons aforesaid the duties 
required thereon by Law, have not been paid, it shall be 
the duty of the several naval Officers in each county re- 
spectively, where such Instruments shall have been made, 
upon application made by any person or persons to him 
for this purpose, to sign and write his name on each of 
such Instruments respectively, which Instruments being 
so signed, shall be as good & eifectual in Law, to all in- 
tents & purposes, as if the same had been signed by a 
naval Officer, & the duty had been paid thereon previous 
to the making such Instrument, any Law or Resolve to the 
contrary notwithstanding — 

provided always that the person or persons so applying 
as aforesaid, shall pay to such naval Officer for every 
Charter party, the sum of fivelve shillings, & for every 
policy of Insurance the sum of eight shillings, & for 
every bill of Lading the sum of four pence ; 

and Provided further that such application shall be 
made for the purposes aforesaid, on or before the first day 
of January next. 

and it is further resolved, that all monies arising by this 
Resolve, shall be appropriated to the same uses, as the 
duties on such Instruments are by Law now appropriated 
to and the naval officer shall account for such in the same 
way and manner, as they by Law are obliged to, for 
monies arising from the law aforesaid, and in order to 
give compleat Information respecting this Resolve, the 
Secretary is directed to publish the same in the several 
newspapers published in the maritime counties in this 
Commonwealth. And each naval officer in this common- 
wealth shall be intitled to receive one set of Laws & one 
set of Resolves passed by the general Court, and the 
printers to the Commonwealth shall deliver the same ac- 
cordingly. June 18, 1788. 

Chapter 5S. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
OF THE COUNTY OF MIDDLESEX, AND GRANTING A TAX. 

Whereas it appears by the Representation of the Jus- 
tices of the Court of General Sessions of the peace for 



Resolves, 1788. — May Session. 205 

the County of Middlesex that the Monies granted and 
allowed by the said Court were expended for such pur- 
poses as are authorized by law — 

Resolved that the said Accounts be allowed. 

and whereas it appears by the Estimate of the said 
Court of General Sessions of the Peace, for the County 
aforesaid, that the Sum of twelve hundred Pounds is 
necessary to l)e raised for defraying the Charges of the 
said County the current year ; 

Therefore Resolved, that there be, & hereby is granted 
a Tax of twelve hundred pounds to be apportioned & 
assessed on the poles & Estates of the Inhabitants of the 
County aforesaid, and applied to the use thereof, accord- 
ing to the Laws of this Commonwealth. 

June 18, 1788. 



Chapter 59.* 

RESOLVE ON THE PETITION OF TITUS BIGGELOE. 

On the petition of Titus Biggeloe, praying that a judg- 
ment obtained against him in favor of Ahner Fowler at 
the Court of Common Pleas held at Northampton in and 
for the county of Hampshire, on the second tuesday of 
February Anno Domini 178G, may he set aside : — 

Resolved, that the prayer of the said petition be so far 
granted, as that the said Titus Biggeloe, notify the said 
Abner Foivler, by serving him witli an attested copy of 
said petition and this resolve thereon fourteen days at 
least before the second Wednesday of the next sitting of 
the General Court, that he may then shew cause, if any 
he has why the prayer of said petition should not be 
granted, and that execution on the aforesaid judgment be 
stayed in the mean time. June 19, 1788. 



Chapter 60. 

RESOLVE ON THE PETITION OF BENJAMIN WHITE, TO NOTIFY 
THE ADVERSE PARTY TO SHEW CAUSE &c. 

On the Petition of Benjamin White praying that the 
Default of an Action whereon Judgement was recovered 
against the Petitioner in favor of Gilbert Dench before 

* Taken from court record, bearing date of June 16, 1788. 



206 Resolves, 1788. — May Session. 



William Hunt Esqr. a Justice of the peace for the County 
of 3Iiddlesex, may l)e taken oft', and that he may be im- 
powered to enter the said action at the next Court of Com- 
mon pleas to be holden within and for the said County of 
Middlesex, and that the same Proceedings may be had 
thereon, as if the Petitioner had appeared l)efore the said 
Justice and Disputed the said Demand. 

Resolved that the prayer of the Petition be so far granted 
as that the Petitioner notify the said Gilbert Dencli by 
serving him with an attested Coppy of his Petition and 
this resolve thereon, fourteen dayes at least, liefore the 
second Wednesday of the next sitting of the general Court, 
that he may then shew cause, if any he has, why the 
prayer of said Petition should not be granted, and that 
Execution be stayed in the mean time. June. 19, 1788. 



Chapter 61. 

RESOLVE ON THE MEMORIAL OF THE HONOURABLE JAMES 
BOWDOIN, DIRECTING THE TREASURER TO DISCHARGE THE 
WARRANTS MENTIONED. 

On the Memorial of the Honourable James JBowdoin 
Esquire late Governor of this Commonwealth, praying 
that provision may be made for the paj^ment of the several 
"Warrants drawn in his favour for his Salery while in the 
Office aforesaid ; for the reasons mentioned in the said 
Memorial. 

Resolved, that the Treasurer of this Commonwealth, be, 
and he is hereby directed, to discharge all the Warrants 
drawn in favour of the Honourable James Rowdoin Es- 
quire late Governor of this Commonwealth, out of the first 
Monies that may be brought into the Treasury on account 
of the last state tax, or in any other way, not before ap- 
propriated. June 19, 1788. 



Chapter 62. 

RESOLVE ON LEVI BARLOW'S PETITION, TO NOTIFY THE AD- 
VERSE PARTY TO SHEW CAUSE, &c. 

On the petition of Revi Rarlow, praying that a judg- 
ment, obtained against him by Moses Rarlow, at a Court 
of Common Pleas held at Rarnstable on the last tuesday 
of June 1785 — 



Resolves, 1788. — Mat Session. 207 

Hesolved that the prayer of the petition be so far granted, 
that the petitioner cause the said Moses Barlow to be served 
with an attested copy of his said petition, & of this resolve 
thereon, fourteen days before the second Wednesday of the 
next sitting of the General Court that he may then appear 
& shew cause if any he hath, why the prayer of said peti- 
tion should not be granted, & that execution be stayed in 
the mean time. Jtme 19, 1788. 



Chapter 63. 

RESOLVE DIRECTING THE ASSESSORS OF NEW BEDFORD TO 
ASSESS A PROPORTION OF TAX NO. 5. 

Whereas the town of Neiv Bedford has been seperated 
from the town of Dartmouth, since the settlement of the 
present valuation ; but no adequate provision has l)een 
made for determining the proportion the said New Bed- 
ford should pay of any taxes laid on the said town of 
Dartmouth, on the said Valuation, & the principles on 
which the assessment on the said New Bedford should be 
made — 

Resolved that in all taxes laid on the town of Dartmouth, 
according to the present valuation from and after the in- 
corporation of the town of JSTew Bedford, and during the 
continuance of the present valuation, the said town of New 
Bedford shall pay the same proportion of the sum set on 
the town oi Dartmouth, as ^c^wsne^ village paid of Tax 
No. five, & the Assessors of New Bedford are hereljy 
directed to assess the said proportion on the same real 
estates, on the same principles, & in the same manner, as 
Ackusnefs proportion of tax No. five was assessed, except- 
ing so far as the last tax act, & the tax acts, which may 
be passed, on the present valuation, have otherwise 
ordered, or shall otherwise order. 

Resolved, that the Treasurer of this Commonwealth be, 
& he is hereby directed, to send his warrant without delay, 
to the assessors, of the said town of New Bedford, requir- 
ing them to assess the said New Bedford's proportion of 
the last State Tax, according to the principles & tenor of 
the foregoing resolve, c*c that the said Treasurer o})serve 
the same rule, in respect to all taxes, which shall be laid 
on the town of Dartmouth on the present valuation. 

Ju7ie 19, 1788. 



208 Resolves, 1788. — May Session. 



Chapter 64. 

RESOLVE GRANTING A TAX ON THE COUNTY OF WORCESTER, 
AND DIRECTING THE CLERK OF THE COURT TO APPORTION 
THE SAME. 

Whereas it Appears by the Kepresentation and estimate 
of the Justices of the Court of General Sessions of the peace 
for the County of Worcestei' that it is necessary that the 
Sum of one thousand And Sixty ^ve pounds Should be 
raised in the Said County, for the purpose of Discharging 
the Debts and Defraying the Charges of the Said County — 

Therefore Resolved that there be, and hereby is granted, 
a tax of ten hundred And Sixty five pounds, to be Levied 
on the polls and estates both real and personal within the 
Said County of Worcester, and the Clerk of the Court of 
the General Sessions of the peace for the Said County is 
hereby empowered to apportion the Said Sum upon the 
Several Towns and Districts within the Said County in the 
manner pointed out by the Law of this Commonwealth, and 
to Issue his warrant to the Assessors of the Said Towns 
and Districts for the assessment of the Same. 

June 19, 178S. 



Chapter 65. 

RESOLVE ON THE PETITION OF ISAAC SEARL. 

On the Petition of Isaac /S'ecr?^? Representing that on the 
22d day of October 1787 His dwelling House was con- 
sumed by fire in which was a Treasurer's Note, drawn in 
favour of the said Isaac Searl — 

Resolved that the Prayer of the said Petition be so far 
granted that the Treasurer of this Commonwealth be and 
he is hereby directed to renew said note No. 14263 for the 
sum of Eighty Seven pounds Seven shillings and to bear 
date April 1st. 1783 to the said Isaac Searl, and the said 
Treasurer is further directed to require bond of said Searl 
with suiEcient sureties previous to his renewing the said 
note as aforesaid to indemnify the Commonwealth against 
any Demand that may arise from any person or Persons 
by virtue of the note destroyed as aforesaid. 

June 19, 1788. 



Eesolves, 1788. — May Session. 209 



Chapter 66. 

RESOLVE ON THE PETITION OF JOHN BROWN, TO NOTIFY THE 
ADVERSE PARTY TO SHEW CAUSE, &c. 

On the Petition of John Brown Praying for a rehearing 
of a Judgement recovered against him by one Joab Bragg, 
before Percivel Hall Esqr one of the Justices of the peace 
for the County of Worcester, on the nineteenth day of 
JSTovember last. 

Resolved that the Prayer of the said petition be so far 
granted as that the said John Brown notify the said Joah 
Bragg, or Enoch Bahcoch his Attorney, by serving either 
of them with an Attested Coppy of the said Petition and 
this resolve thereon, fourteen days at least before the 
second Wednesday of the next sitting of the general Court, 
that he may then shew Cause, if any he has, why the 
prayer of said Petition should not be granted, and that 
Execution on the aforesd Judgement be stayed in the 
mean time. June 19, 1788. 

Chapter 67. 

RESOLVE ON THE PETITION OF ROGER NOBLE, GRANT TO. 

on the Petition of Roger Noble of Sheffield, Praying 
that He may receive pay for the loss sustained, & service 
done in performing His duty as a Citizen of this Common- 
wealth as mentioned and attested in his Account. 

Resolved, that the Prayer of the said petition be granted, 
& that there be allowed and paid out of the Treasury of 
this Commonwealth to the said Roger Noble the sum of 
Tioenty Five Pound Two shillings & Ten Pence in full 
of the account aforesaid. June 19, 1788. 

■ ^ _ 

Chapter 68. 

RESOLVE FOR PAYING MEMBERS OF CONGRESS, VIZ. HON. 
MESS'RS. DANE AND OTIS, DIRECTING THE TREASURER TO 
BORROW THE MONEY. 

Resolved, That the Treasurer of this Commonwealth be 
and he is hereby authorized and empowered, to borrow the 
Sum of Ojie Hundred Pounds for the purpose of paying 
unto Hon. Nathan Dane Esq. the Sum oi Fifty Pounds, 
and to the Hon. Saml. Allen Otis Esq. the Sum oi Fifty 



210 Resolves, 1788. — Mat Session. 

Pounds on Account of their Services as Delegates from 
this Commonwealth in Congress, they respectively to be 
accountable therefor, the sum so l)orrowed to be repaid as 
is provided for in a Resolve of the Genl. Court, passed the 
sixteenth Instant empowering the said Treasurer to borrow 
a Sum of Money, for the Payment of the Members of the 
Genl. Court & others therein mentioned. 

June 19, 1788. 

Chapter 69. 

RESOLVE GRANTING TO COL. JOHN ALLIN ^.176 19s. 8^. 2q. 
OUT OF THE FIRST MONEY ARISING FROM THE LAST TAX 
CALLED NO. 6. 

Whereas the Committee for Methodizing & Settling 
Publiek Accounts have Eepresented to this Court that 
they have Settled Accounts with Colo. John Allin Saper- 
intendant of Indian Aftairs in the Eastern Department and 
find a Ballance Due to him of One hundred and Seventy Six 
Pounds nineteen Sliillings &, Eight jpence half penny in 
Specie. 

Resolved that there be Allowed and paid out of the 
Treasury of this Commonwealth to the aforesaid Colo. 
John Allin the Sum of One hundred & Seventy Six 
Pounds nineteen Shillings & Eight pence half penny out 
of the first moneys arising from the last Tax called Num- 
ber Six not already appropriated. June 19, 1788. 

Chapter 70. 

RESOLVE REQUESTING THE GOVERNOUR TO WRITE TO THE 
GOVERNOUR OF CONNECTICUT AND NEW HAMPSHIRE, IN- 
CLOSING THEM AN ACT PASSED THE PRESENT SESSION, TO 
PREVENT THE DESTRUCTION OF SALMON AND SHAD. 

Resolved that the Governour be and he hereby is re- 
quested to write to the Governours of the States of Con- 
necticutt and Newhampshire inclosing Copys of the Act 
passed at the present Session of the General Court to pre- 
vent the Destruction of Salmon and Shad in Connecticutt 
River and requesting them to use their Influence that such 
measures may be adopted by the Legislatures of those 
Governments for the Preservation of the Fish in the said 
River, as shall be thought reasonable and necessary for the 
common Benefit of the States bordering on the said River. 

June 19, 1788. 



Kesolves, 1788. — May Session. 211 



Chapter 71. 

RESOLVE ON THE PETITIONS FROM THE PLANTATIONS CALLED 
NEW SANDWICH AND WASHINGTON. 

On the petitions from the plantations called JVew Sand- 
wich and Washington , praying for abatement of taxes. 

Ordered that the petitioners in behalf of the inhabitants 
of the plantation called Washington; & the petitioner in 
Ijehalf of New Sandwich be & they are hereby severally 
directed to give notice to the inhabitants of the town of 
Winthrop, by serving the town clerk of the said town with 
an attested copy of their said petitions & of this order 
thereon thirty days at least, before the second Wednesday 
of the next sitting of the General Court, to appear & shew 
cause on the said day why the prayer of the said petitions 
should not be granted, & that all further proceedings, 
relative to the collecting of taxes of either of the planta- 
tions aforesaid be stayed in the mean time. 

Jime 19, 1788. 

Chapter 73.* 

[May SesBion, ch. 72, 1788.] 

Chapter 73. 

RESOLVE ON THE GOVERNOR'S MESSAGE, DIRECTING THE 
NAVAL OFFICER TO MAKE PAYMENT OF SUCH SUMS OF 
MONEY IN HIS HANDS, AS HAVE ARISEN FROM THE CASTLE 
PASSES, SINCE THE DEATH OF THE LATE LIEUTENANT 
GOVERNOR, AND PREVIOUS TO THE ELECTION OF HIS 
HONOR THE PRESENT LIEUTENANT GOVERNOR, TO THE 
TREASURER. 

Whereas his Excellency the Governor, has given infor- 
mation by a message of the sixteenth instant, that the sum 
oi fifteen pounds sixteen shillings and sixpence is in the 
hands of the Naval Officer of the Port of Boston, being 
monies which have arisen from the Castle Passes since the 
death of the late Lieutenant Governor : 

Resolved, That said Naval Officer be and he is hereljy di- 
rected to make paj'ment of such sums of money in his 
hands as have arisen from the Castle Passes since the 
death of the late Lieutenant Governor, and previous to 

* Governor's message, see end of volume. 



212 Eesolves, 1788. — May Session. 

the election and qualification of his Honor the present 
Lieutenant Governor, to the Treasurer of the Common- 
wealth. June 10, 1788. 



Chapter 74.* 

[May Session, ch. 74, 1788.] 

Chapter 75. 

RESOLVE FOR PARDONING TREASONS IN THE LATE REBELLION 

Whereas during the Insurrections & Eebellion which be- 
gun in this Commonwealth in or about the Month of June 
in the Year of our Lord One thousand seven hundred & 
eighty six divers Justices of the Peace Ofiicers of the Mili- 
tia & Officers of the Troops raised for the Suppression of 
the said Insurrections & Rebellion, Selectmen & Con- 
stables, of the several Towns in this Commonwealth and 
other Officers and Persons well afiected to this Common- 
wealth & the Constitution & government thereof in order 
to preserve the same & the Peace of this Comonwealth 
and to suppress and put an End to the sd. Insurrections & 
Eebellion apprehended and put into Custody & Impris- 
oned several Criminals and several Persons whom they 
had just Cause to suspect might disturb the publick Peace, 
or foment Riots Tumults Rebellions or evil designs against 
the Government and also seized and used several Horses 
Arms and other Things and also pressed divers Horses 
Carts & Carriages for the Service of the Publick, and did 
for the Purposes aforesd enter into the Houses and Pos- 
sessions of several Persons and did quarter & cause to be 
quartered divers Soldiers and others in the Houses of 
divers Persons and did divers Acts which might not be 
justified in the strict forms of Law and yet were necessary 
and so much for the service of the Publick that they ought 
to be justified and the Persons by whom they were trans- 
acted ought to be indemnified, and whereas divers Sherifls 
Goalers & other Persons may be or are in danger of being 
sued prosecuted or proceeded against by Reason of escapes 
of Prisoners let out or discharged by Persons engaged in 
the said Rebellion or by Reason of such Sherifis or other 
officers not serving Executions to them committed the 

* Governor's meSiSage, see end of volume. 



Resolves, 1788. — May Session. 213 

Service of which was obstructed & prevented by Persons 
engaged as aforesd. 

Therefore Resolved that all personal Actions and Suits 
Prosecutions and Proceedings whatsoever and Judgments 
thereupon (if any there be) against an}^ of the Officers or 
Persons abovementioned or any Person or Persons acting 
under their or any of their Direction for any Act done by 
them on Account of the Premises or for or by Reason of 
any Matter or Thing advised commanded appointed or 
done during the said Insurrections & Peliellion untill 
the first Day of October last by any Person or Persons in 
order to suppress the said Insurrections & Rebellion or 
for the Preservation of the publick Peace or for the Ser- 
vice or Safety of the Government shall be discharged & 
made void, and no Court of Law in this Commonwealth 
shall in any w^ise sustain such Actions or Prosecutions and 
any Person against whom any Action hath been or shall 
be commenced on Account of the Premises may plead the 
General Issue and give this Resolve in Evidence, and if 
any Action hath been or shall be commenced or prose- 
cuted within this Commonwealth against any Person for 
any such Act matter or thing so advised commanded ap- 
pointed or done for any of the Purposes aforesd, if the 
Plaintifi' orPlaintift's shall become nonsuit or suffer discon- 
tinuance or if a Verdict pass against such Plaintiff or Plain- 
tiffs, the Defendant or Defendants shall recover his her or 
their double Costs and shall have like Remedy therefor as 
in Cases where Costs by Law^ are given to Defendants. 

And whereas Peace order and a due Sul^mission to the 
Laws are now restored and estal)lished in this Comon- 
wealth and it is the wish of the Legislature as far as pos- 
sible to draw a Veil over the late unhappy Commotions by 
the Indemnity of all the Citizens who were concerned in 
the Insurrections & Rebellion aforesd. 

Resolved that all and every Citizen and Citizens of this 
Commonwealth who have been concerned in the Insurrec- 
tions & Rebellion aforesd as well those who have been 
guilty of Sedition & Seditious Practices as those who w^ere 
excepted by Name in the Resolution of Indemnity passed 
on the 13th day of June in the Year 1787 are fully & 
freely indemnified for all Seditions Seditious Practices 
Treasons and Misprisions of Treasons & for all Felonies 
committed in pursuance thereof, and are herel^y entitled 
to the indemnit}' and to all the Benifits & advantages of 
the said Resolution. 



214 Resolves, 1788. — May Session. 

Provided nevertheless that nothing in this Resolve, shall 
be construed to indemnify or extend to any Person or Per- 
sons who have been convicted in due Course of Law of 
any of the Crimes and Offences mentioned in the forego- 
ing Paragraph or to any Person or Persons who having 
been guilty of any of the said Crimes shall neglect to take 
and subscribe the Oath of Allegiance to this Common- 
wealth within six months next after the passing this Act ; 
or to any of the Persons w^ho were excepted by name in 
the said Resolve of June 13th A. D. 1787 and excluded 
from the Benifit of the Indemnity therein granted who 
shall at any Time hereafter accept or hold any Office civil 
or military within this Commonwealth. 

Provided also, that Nothing in these Resolutions shall 
extend to bar any civil Action already commenced or 
which may be hereafter commenced against any Person or 
Persons concerned in the said Insurrections or Rebellion 
to recover Damages for any Trespass or Injury by him or 
them done or committed but such Actions may be com- 
menced or prosecuted in the same manner as if these 
Resolutions had not been passed. June 19, 1788. 

Chapter 76. 

RESOLVE ON THE PETITION OF SIMEON KEIN. 

on the Petition of Simeon Kein praying that he may 
have leave to reenter an action Defaulted against him, and 
Judgement recovered in favour of Samuel Goidd at the 
Supreme Judicial Court held at Boston on the third Tues- 
day oi February last. 

Resolved that the prayer of the Petition be so far 
granted as that the Petitioner notify the said Samuel 
Gould by serving him with an attested Coppy of his said 
Petition, and this resolve thereon, fourteen days at least 
before the second Wednesday of the next sitting of the 
General Court, that he may then shew Cause, if any he 
has, why the prayer of the said Petition should not be 
granted, and that Execution be stayed in the mean time. 

June 20, 1788. 

Chapter 77. 

RESOLVE ON THE PETITION OF LEWISTOWN, RESPECTING 

TAXES. 

On the Petition of the Plantation called Lewistoivn. 
Resolved that the Taxes No 4 & 5, ordered on the In- 



Resolves, 1788. — May Session. 215 

habitants of said Plantation be by them collected and ap- 
ply'd to the making and repairing Roads and Bridges in 
sd. Plantation at the rate of 4s a day for Mens Labor and 
three sJiilliiig for oxen. 

Resolved that in case the foregoing Resohition he not 
carried into Eflect and a certificate thereof subscribed by 
the Assessors on oath produced to the Treasurer of the 
Common Wealth on or before the first Day of December 
next — In that Case the Monies aforesaid or such part 
thereof as shall not be applied to the purposes aforesaid 
shall be paid into the Treasury of this Commonwealth. 

June 20, 1788. 

Chapter 78. 

RESOLVE ON THE PETITION OF BARCLAY FANNING, TO NO- 
TIFY THE ADVERSE PARTY TO SHEW CAUSE. 

On the memorial of Barclay Fanning praying that a 
new notification may issue on his petition, presented to 
the General Court in February last, wherein he prayed 
for a new tryal of an action brought against him by Isaac 
Goulding. 

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 an attested copy 
of his petition & this order thereon fourteen days Ijefore 
the next sitting of the General Court to appear on the sec- 
ond Wednesday of the same & shew cause if an}^ he hath 
why the prayer thereof should not be granted, & that exe- 
cution be stayed in the mean time. June 20, 1788. 

Chapter 79. 

RESOLVE AUTHORIZING MESS'RS. ADAMS AND NOURSE, TO 
PRINT THE RESOLUTIONS OF COURT THE PRESENT YEAR. 

"Whereas Thomas Adams & John JVourse, have offered 
to print all the Laws & Resolves of the General Court the 
present year, gratis, provided, they can have the exclusive 
privilege of performing all the other printing for the State, 
the present year. 

Resolved, that the said Adains & JVbnrse, be paid out of 
the public treasury the sum of Three shillings for every 
square for printing all Acts, resolves, proclamations & 
orders of government, which they may be directed to 
print in their newspaper, or otherwise by the Secretary, 



216 Kesolyes, 1788. — May Session. 

by order of government savino; as is hereinafter excepted, 
provided, the said Adams & JSfourse shall print all the acts 
& resolves of the general Court gratis, on good paper, with 
a good type, in as good order, as was done the last year, 
to be stitched in blue paper, one set of each to be deliv- 
ered to each member of the General Court, and one set to 
each town & plantation in this Commonwealth. 

June 20, 17 88. 



Chapter 80. 

EESOLVE ON THE PETITION OF JAMES PERRY, DECLARING 
NULL AND VOID A CERTAIN JUDGMENT, UPON CONDITION. 

On the petition of James Perry, praying that an action 
defaulted & judgment rendered thereon against him in fa- 
vour of Samuel Morey at a Court of common pleas held at 
Taunton on the second tuesday of March 1788 that the 
default may be taken off, & that he may have the benefit 
of a new trial. 

Resolved that the aforesaid judgment & all proceedings 
had thereon be & hereby is made null & void, upon this 
express condition only, that the said James Perry enter the 
said action at the next Court of common-pleas that shall l)e 
held within & for the County of Bristol, & the same Court 
are authorised & empowered to have the same proceed- 
ings on said action as if the same had been originally 
there bro't, & provided, that the said James Perry serve 
the said Samuel Morey with a copy of this resolve at least 
fourteen days before the sitting of the said Court. 

June 20, 1788. 



Chapter 81. 

RESOLVE ON THE PETITION OF SARAH VERNON. 

Resolved, That the Prayer of the foregoing Petition be 
granted, and that the Judgements obtained by the said 
Phillip Godfred liast, either against the said Sarah Ver- 
non as Executrix to her said late Husband, Adam Stuart, 
on his original demand, or against the said Sarah in her 
own proper Name on the Suggestion of Waste, and all & 
every Writ of Execution that has issued on said judgements 
be and they are hereby declared to be null & void ; and 
the original suit lirought by said Kast against said Sarah 



Kesolves, 1788. — May Session. 217 

in her capacity of Executrix as aforesaid is hereby sus- 
tained in the Court of Common Pleas for the County of 
SuffoJlc and is herel\y continued to the next term of said 
Court to be holden at Boston on the first Tuesday of July 
next and the Justices of said Court are hereby authorized 
& directed to hear & try the merits of said original suit, in 
the same manner as if the same cause had Ijeen regularly 
continued from Court to Court, & no Decision thereon 
had ever been had, any thing in the aforesaid proceedings 
on said suit to the Contrary notwithstanding. The Par- 
ties having been heard l)efore a Committee of this Court. 

June 20, 1788. 

Chapter 82. 

RESOLVE GRANTING £.30 TO THE CLERKS OF THE HOUSE AND 

SENATE. 

Resolved, that there l)e allowed & paid out of the Public 
Treasury of this Commonwealth to Mr. Samuel Cooper 
Clerk of the Senate the sum of thirty pounds and to 
George Richards Minot Esquire Clerk of the House of 
Representatives the sum of thirty jjounds for their services 
respectively, in the General Court, the present year, they 
to be accountable for the same respectively. 

Jime 20, 1788. 

Chapter 83. 

(ROLL No. 12.) 

The Committee on Accounts have examined and passed 
upon the Accounts now presented, and find that the Sums 
reported and set against the Towns and Persons hereafter 
named, are due to them ; and if allowed, will be in full 
discharge of the accounts exhibited. 

Joseph Hosmer, per Order. 

To Thomas Downe's Account, for mending Chairs & find- 
ing materials by ye Direction of ye Messinger to ye 
General Court, in May. 1788 £.2 2 

To Docti' Amos Cotting, for Visits & Medicines on ac- 
count of Levi Burr, a Soldier in Captn. Cushings Com- 
pany and Coll. Badlams Regiment, in Jany, 1787. . 1 8 10 

To the Selectmen of the ToAvn of Lynn, for Boarding 
Richard Htcnneiaell, an Aged infirm Man ; his Daugh- 
ter, Aged o5, also infirm ; and Mary Gibson aged 47, 
exercised with Fits, all of them ye poor of Charlestown, 
from Novr. 4th. 1787, to Jime ye 9th. 1788 . . . 32 11 



218 Resolves, 1788. — May Session. 

To Justus Dioight for Boarding Agnis Thomxison, one of 
the States Poor, from ye first of May 1787, to ye first 
of Now. following. . . . " . . . . £.7 16 

To additional Board from ye 1st. of Novr. 1787, to ye 

first of May, 1788, ye same Person 7 16 

To ye Town of Dracut for Boarding, Nursing &c. John 
Hancock, & Wife States Poor, from March 5th, 1788 
to June 4th. 1788, being helpless. . . . . 13 

To William Drew, a Ballance Due to him in Septr. 1780, 
& certified by ye Committee for methodizing public 
Accounts by Order of Government 14 

To the Agents and Witnesses from Petersham, for their 
Account of Ti'avel & Expences in ye late Prosecution 
of William Greeiileaf Esqv 20 15 

To Martin Kinsley, for his Time, Travel & Expences in 
ye same matter 3 4 

To the Town of Hardivick, for boarding Mary Bradshaw, 
one of ye States Poor, from ye 25th of May to ye 27th 
of July 1787, with two Doct'rs Bills not before allow'd 
tho' paid by ye town of Hardwick, ye bills not being 
offerVl 6 11 6 

To Phineas Upham of Westoji, for ye board of Lydia and 
Philadelphia Breed,ye poor of Charlestow7i,with extra- 
ordinary trouble & expence, on account of ye former, 
from ye 22d of Feby. last to ye 12th of June instant 16 

To Joh7i Austin, for his Board, and his Wife Dorcas, ye 
poor of Charlestown, who are very Aged, 82 & 69, 
from ye 24th of March last to ye 18th of June instant. 6 7 

To Be7ijamin Lane, for his Trouble & Expence in re- 
moving Thaddeus Hill a Sick Soldier in 3£arch 1787, 
& Nursing one Month 2 

To the Town of Hopki7it07i, on account of Board & other 
Charges which they paid in ye year 1783, to Captn. 
John Homes, & Mr. Samuel Boivker, taken up at this 
late i^eriod by ye Direction of ye General Court ; the 
Person Joh7i Eastling, that brought on this charge, 
being undoubtedly one of ye States Poor. . . . 7 12 6 

To the Town of Acton, for Supporting John Kennedy & 
his Wife, States Poor, from ye 12th of March 1787, to 
ye 12th of September following 14 10 

To Weld & Thomas, Printers in ye County of Hamj)- 
shire, for Printing by order of Government, from Ja7iy. 
8th 1788, to ye 7th of May last, agreeable to ye allow- 
ance made other Printers 11 12 

To the Town of Billerica, for boarding Elizth. Lamso7i, 
one of the Poor of Charlestown, Ivom the 16th of Feby. 
to ye 26th of Ai^ril last. 4 12 

To Seth Banister, for Travel, & Expences in ye service 
of Government, certified by ye Committee for meth- 
odizing accts. Jicne 19th 1788 2 11 6 

To John Heard's Account, a Coroner in ye County of 
Essex, for taking an inquisition upon ye body of a Man 
unknown ; examined by ye Court of Sessions, & attested 
by ye Clerk, April 3d, 1787 3 6 8 

To ye Town of Wali^ole, for an Order granted, but not 
paid, Feby. 23d 1785. £.15 18 ; and another March 
2d 1786. £ 13 9s. 6d ; both for supporting Poor, 29 7 6 



Resolves, 1788. — May Sessioi^^. 219 

To ye Town of Greenfield^ for supplies afforded John 

Balis, one of the States Poor, to ye 23d of May. 1788 ; 

certified by ye Selectmen £.4 16 4 

To Doctr. William Thomas, for Visits & Medicines, on 

account of Matthew Gross, one of ye States Poor, from 

Feby. 14. 1788, to March. 22 2 9 11 

£.200 17 4 



Read & accepted and thereupon Resolved that there be 
paid out of the publick Treasury to the several persons & 
Selectmen or Agents of Towns beforenamed the sums set 
against their names respectively amounting in the whole to 
the sum of tiuo hundred pounds seventeen shillings & four 
pence in full discharge of their accounts aforementioned. 

June 20, 1788. 

Chapter 84. 

RESOLVE EMPOWERING THE EASTERN PLANTATIONS TO ASSEM- 
BLE TO CHOOSE A REGISTER. 

Whereas by an Act of the General Court passed in 
jSIarch Last The Inhabitants of Such Towns as now are or 
may be Incorporated in the middle district of the County 
of Lincoln are directed to meet in the said Towns some 
time in the month of August next to choose a Register of 
Deeds for said District, 

and whereas it appears, that only three Towns within 
the said district are Incorporated and that the Choice of a 
Register will be confined to the qualified Inhabitants of 
those Three Towns, to the exclusion of the residue of said 
middle district 

Therefore it is Resolved that the choice of a Reo-ister of 
Deeds for said middle district of the County of Lincoln 
aforesaid be and is hereby suspended untill April next 
any thing in said Act to the contrary notwithstanding. 

And it is further Resolved that the Several Towns in 
said district Incorporated or ^vhich may be incorporated 
before the first day of April next be and they hereby are 
Impowered and directed to proceed in the Choice of a 
Register of Deeds some time in the month of Ajyril next 
in like manner as by said act they are directed and Impow- 
ered to make such choice in the month of August next, and 
that the Clerks of the Several Towns aforesaid shall make 
returns to the Court of General Sessions of the peace, to be 



220 Eesolves, 1788. — May Session. 

holden at Poivndlhorough within and for the said County 
on the first Tuesday of June 1789 And the said Court 
shall proceed in examinging such returns & Declareing the 
Choice in like manner as is prescribed by said Act And 
all Instruments relateing to any estate laying within the 
limits of the said district beina; recorded in the Registers 
OflSce in Poionalboro in the County of Lincoln Ijefore the 
first day of August 1789 and untill a Register shall be 
chosen in said District — and legally qualified shall be as 
valid in Law as they would have been had no such Act 
ever been passed. June 20, 1788. 



Chapter 85. 

RESOLVE ON THE PETITION OF SAMUEL ABBOTT, DIRECTING THE 
SHERIFF TO RECEIVE £.20 IN CONSOLIDATED SECURITIES. 

on the Petition of Samuel Abbott a Prisoner In Boston 
Goal, praying that he may have Liberty to pay the sum 
of tiuenty pounds in Consolidated Public Securities of this 
Commonwealth in discharge of a fine Laid upon him by the 
Supreme Judicial Court. 

For reasons set forth in said Petition : Resolved, that 
the prayer of the said Petition be granted, and that the 
Sherifi" in whose custody said Abbott is, be & hereby is 
directed to Receive the sum of tioenti/ pounds in consoli- 
dated Public Securities of this Commonwealth in full dis- 
charge of the fine aforesaid. June 20, 1788. 



Chapter 86. 

RESOLVE ON THE PETITION OF OLE MATS ON NATVIG. 

Upon the Petition of Ole Matson JSFatvig, otherwise 
called Ole Madson : 

Whereas it appears, that Lars Hansen late resident in 
Marblehead in the County of Essex, deceased, and a sub- 
ject of the king of Denmark, left personal estate within 
this Commonwealth, & he appearing in his Lifetime to 
put confidence in the said Ole Matson Natvig ; and there 
being at this time no Consul of his danish Majesty resi- 
dent in the united States — and it appearing that no per- 
sons citizens of this Commonwealth are willing to become 
surety for said Ole, in case administration of said Hansen^s 
Estate should be committed to him, and it being probable 



Eesolves, 1788. — May Session^. 221 

that the friends & relations of said Hansen will receive 
the proceeds of said deceased's Estate very soon if admin- 
istration of said deceased's estate is granted to said Ole — 
Be it therefore resolved, that the Judge of Probate of 
Essex County, is authorized to grant administration of 
said Lcn's Hansen^s Estate to said Ole Matson, should he 
think proper, taking his the said Ole Matsoii's Bond for 
the faithful performance of that trust, without requiring 
sureties, in such sum as the said Judge shall think proper 
any Law to the contrary notwithstanding. 

June 20, 1788. 



Chapter 87. 

RESOLVE FOR CAUSING COLLECTORS OF IMPOST AND EXCISE 
TO SETTLE THEIR ACCOUNTS TO THE 1st OF MAT LAST, 
AND IN CASE, &c. 

Resolved that every person who has been reelected in 
the present year a collector of Impost and excise, shall on 
or before The thirty first day of Jidij next settle all his 
accounts with the Comptroller General to the first day of 
may last, and in case of failure thereof, his office shall be 
considered as vacated, and such vacancy shall be filled up 
in manner as is by Law provided in case of a vacancy by 
death or resignation. June 20, 1788. 



Chapter 88. 

RESOLVE RESPECTING OATHS OF TOWN OFFICERS. 

Whereas a number of Town officers in the several 
Towns within this Common Wealth have neg-lected to take 
the Oath required of them by a Resolve of the General 
Court oi March 10th, 1787 : 

Therefore Resolved, that if such officers who have ne- 
glected as aforesaid, shall take & subscribe the oath of 
them required by the resolve aforsd, by the first day of 
Augt. next, that then all the doings of the sd. officers, 
shall be, and hereby are made as valid to all intents and 
purposes as if they had taken the said oath agreeably to the 
aforesd resolve, their neglect aforesaid notwithstanding. 

J%me20, 1788. 



222 Eesolves, 1788. — May Session^. 



Cha])ter 89. 

RESOLVE APPOINTING A COMMITTEE TO MAKE REPAIRS TO 
THE CASTLE AND LIGHT HOUSE, AND TO GIVE DIRECTIONS 
TO THE COMMISSARY GENERAL. 

Resolved, That Thomas Dawes, Samuel Breck and 
Tliomas Dawes jun. Esq'rs, be a Committee to enquire 
what repairs are absolutely necessary to be made the pres- 
ent Season, at Castle Island, and the Light House, to give 
directions to the Commissary General to make them as 
soon as maybe, and report at the next Session of the Gen- 
eral Court. Jnne 20, 1788. 



Chapter 90. 

RESOLVE AUTHORIZING THE COMMITTEE ON UNAPPROPRIATED 
LANDS IN THE EASTERN COUNTIES, TO MAKE SALE OF CON- 
FISCATED LANDS FOR CONSOLIDATED NOTES, AND REPEAL- 
ING ALL RESOLVES AND ORDERS. 

Whereas, there are several Tracts of Land in the Coun- 
ties of Gumherland & Lincoln, formerly belonging to cer- 
tain Conspirators & Al^sentees which have become the 
property of this Commonwealth by confiscation — 

therefore Resolved thoX Samuel Phillips, Nathl. Wells, 
Leonard Jarvis, John Reed & Daniel Coney Esquires the 
Committee for the Sale of Lands in the Counties of York, 
Cumberland & Lincoln ))e & they are hereby authorized 
and directed to make Sale of all the Lands within the said 
Counties of Cumberland & Lincoln, which have become 
the property of the Commonwealth ])y confiscation as 
aforesaid, for the most the same will sell for in the Con- 
solidated Notes of this State or Specie as they shall judge 
most for the Interest of the Commonwealth, and they the 
said Committee or any three of them are hereby author- 
ized and empowered in behalf of this Commonwealth, to 
execute to the Purchaser a good & sufiicient Deed or 
Deeds of the Lands they may dispose of. 

And it is further Resolved, that any Order or Resolve 
empowering any other Committee to make sale of any of 
the Lands aforesaid be & it is hereby repealed. 

June 20, 1788. 



Resolves, 1788. — May Sessioi^. 223 



Chapter 91. 

RESOLVE ON THE PETITION OF MIRIAM PATTERSON, AUTHOR- 
IZING HER TO EXECUTE A DEED OF THE LAND MENTIONED. 

On the petition of Miriam Patterson administratrix of 
the estate of James Patterson late of Lunenburg deceased 
stating that he in his life time made an agreement (tho' not 
under seal) with JoJin Austins to convey to him four acres 
of Land in said Lunenburg, And praying for authority to 
fulfill said agreement. 

Resolved that the prayer of said petition he granted & 
that said Administratrix be & she is hereby authorized to 
execute of the Land aforesaid as good and sufficient deeds 
in Law as said James Patterson himself could have done 
in pursuance of the agreement aforesaid — she to account 
for the proceeds of sale of said Land to the Judge of Pro- 
bate of the county of Worcester as assets in her hands l)e- 
longing to the Estate of said deceased. June 20, 1788. 

Chapter 93.* 

[May Session, ch. 92, 1788.] 

Chapter 93. 

RESOLVE ON THE GOVERNOUR'S MESSAGE DIRECTING THE 
COMMISSARY GENERAL, TO PURCHASE 50 BARRELS OF POW- 
DER, AND GRANT TO. 

Resolved, that the Commissary General, be directed to 
purchase Fifty l)arrels of powder for the supply of the 
arsenal, & that he be allowed and paid out of the Treas- 
ury the sum of three hundred pounds for the aforesaid 
purpose. June 20, 1788. 

Chapter 94. 

RESOLVE ON THE PETITION OF OLIVER NEWHALL, ALLOWING 
HIM TO DISCHARGE AN EXECUTION. 

On the Petition of Oliver Newhall Praying that he may 
be allowed to discharge an Execution ao;ainst him in fa- 
vor of the Commonwealth for the sum of Seventy five 
Pounds in Public Securities — 

Resolved That the Prayer of the Petition be so far 

* Governor's mesBage, see end of volume. 



224 Eesolves, 1788. — May Session. 

granted that the Petitioner, paying cost of Court & Sher- 
iff Fees in Specie be permited to pay and discharge said 
Execution in the securities of this Commonwealth that are 
now become payable. June 20, 1788. 

Chapter 95. 

OKDER ON THE PETITION OF THE ASSESSORS OF THE TOWN 
OF NEW SALEM, DIRECTING THE ATTORNEY GENERAL TO 
PROSECUTE BENJAMIN G ANSON, FOR THE FRAUD MEN- 
TIONED, AND DIRECTING THE SECRETARY TO DELIVER THE 
PAPERS. 

The Committee of both Houses to whom was committed 
the Petition of ye Assessors of ye Town of JSTeic Salem 
beg leave to Submit ye following Statement of Facts. 

Stephen Choate per Order. 

That upon examining sd. Petition, which set forth, that 
an Execution was issued against sd. Town of JVew Salem 
for the sum of £146 14 5, it being their part of ye State 
Tax granted in Mai/ 1781 and that one Benjamin Ganson, 
to whom ye sd. Tax was committed to collect, had paid the 
same Tax, and also one other State Tax granted by ye 
Genl. Court in Octr. 1781 for proof whereof reference 
was made to two Receipts under the Signature of the late 
Treasurer Gardner; each of which Receipts was in full 
for taxes committed to him, (ye sd Ganson,) to collect for 
ye Year 1781. The Committee did compare the Entries 
in the Treasurer's Books with said Receipts, & find that 
the said October Tax was discharged by three payments 
viz. 

The first payment, Apl. 17 1782, . . £.41 o 
2d, ditto, ditto, 19, ditto, . . 138 8 
3d, ditto, Augt. 5, ditto, in full, . 54 6 10 

£.233 19 10 



and the Receipts aforesaid produced before ye Commit- 
tee & aflSrmed by sd. Ganson to be the Receipts he reed, 
as a full Discharge of each of sd. Taxes, were as follows, 
viz. One Dated Apl. 10, 1782, of £.138 1. 7. & ye other 
Augt. 5th, 1782 of 54 6 10 each Rect. being in full for 
Taxes committed to sd. Ganson to collect for ye Year 1781. 
The Committee having carefully examined the said receipts 
are of Opinion that ye Receipt dated Apl. 10 1782 for 



Eesolvbs, 1788. — May Session. 225 

£138 1. 7. is the same Rect. that was given upon ye 2d 
payment aforementioned, and that said Receipt has been 
fraudulently altered and an audacious Forgery committed, 
with an atrocious Attempt to defraud this Commonwealth 
of £146, 14 5 specie Value. 

From ye aforegoing Statement the Committee are 
clearly of Opinion, that the prayer of the Petition before- 
mentioned ought not to be granted. 

Read and accepted, and Ordered, that the Attorney 
General he and hereby is directed to prosecute Benjamin 
Ganson for the fraud herein mentioned and that the secre- 
tary deliver to him the papers necessary for that purpose. 

June 20, 1788. 

Chapter 96. 

RESOLVE RESPECTING THE DEFACING BILLS OF CREDIT. 

Resolved that RicJiard Cranch, Thomas Daives and 
Jonathan Mason, esqrs. appointed a coromittee by a re- 
solve of the General Court of the first of November 1786 
to ])urn and deface certain bills & securities, be & they 
herel)y are empowered & directed to deface or burn such 
of the hills & securities as by former resolves of the Gen- 
eral Court, they were directed to burn & deface, not yet 
executed, as they shall judge necessary, & make report 
of their doings at the next sitting of the General Court. 

Jane 20, 1788. 



Chapter 97. 

RESOLVE REQUESTING THE GOVERNOR AND COUNCIL TO 
CAUSE THE SHERIFFS AND CORONERS TO GIVE BONDS. 

Resolved, that the Governor with the advice of Council, 
be requested as soon as circumstances may permit, to make 
enquiry, or cause due enquiry to be made, — whether the 
Sheriffs & Coroners of the several Counties within this 
Commonwealth, have given sufficient security as the Law 
requires for the due discharge of the duties of their re- 
spective Offices, & whether such security remains suffi- 
cient ; and if in any instance it shall be found, that no 
security has been given, or that the security given is in- 
sufficient, that he order sufficient security, to ))e immedi- 
ately given, & in case any Sherifi' or Coroner shall neglect 



226 Resolves, 1788. — May Session. 

to give such security, & within such time, as He with the 
advice of Council shall appoint, that in such case the Gov- 
ernor be, & he is hereby requested with advice of Coun- 
cil, forthwith to remove such Sheriff or Coroner from his 
office. June 20, 1788. 



Chapter 98. 

RESOLVE DIRECTING THE COMPTROLLER GENERAL TO INQUIRE 
INTO THE STATE OF THE DOMESTIC DEBT; AND DIRECTING 
THE TREASURER TO FURNISH HIM WITH ANY INFORMA- 
TION ON THE SUBJECT; AND THE SECRETARY AN ACCOUNT 
OF THE EXPENCES, AS ALSO THE COMMISSARY GENERAL 
AN ACCOUNT OF EXPENDITURES IN HIS OFFICE; AND THE 
COMPTROLLER TO MAKE PARTICULAR INQUIRY INTO CER- 
TAIN MATTERS MENTIONED, WITH DIRECTIONS TO THE 
TREASURER. 

Resolved, That the Comptroller General, be, & he is 
hereby directed to enquire into the state of the domestic 
debt of this Commonwealth, and what remaining Provi- 
sion there is for the Discharge of any Part thereof, distin- 
ffuishino; between the consolidated & other debts And the 
Treasurer of this Commonwealth is hereby directed to 
furnish the said Comptroller with any Documents or In- 
formation on the Subject, That said Comptroller may judge 
necessary — And the said Treasurer is likewise directed 
to deliver to the said Comptroller an Account of the Ex- 
pences of his office for One Year Past including pay of 
Clerks, stationary, Fewell, &c. 

And it is further Resolved, That the Secretary be and 
he is hereby directed, to furnish the said Comptroller with 
an Account of the Expences of his office, including the 
Wages of Clerks, Stationery, Fewell, &c. for one Year 
past and on or before ye 1 st of September next, a particu- 
lar Account of Fees received in his office from ye 3 It of 
March last to the 3 It of Jidy coming. 

And the Commissary General is also directed to deliver 
to the said Comptroller an Account of Expenditures in his 
office for one Year ending the first of August ensuing the 
Price by him given for Provisions and other supplies in 
his Department and such other Information as He shall 
call for. 

And the said Comptroller General is further directed to 
make particular enquiry, How far the several Justices of 
the Peace Clerks of Courts Registers of Deeds & others 



Resolves, 1788. — May Session. 227 

have complied with the Law respecting the payment of 
Duties on certain Papers &c. & to state an Account of 
Impost & Excise, of tlie Imports & Exports ; for one year 
past and to consider of a System of Finance that shall be 
adequate to the raising a sufficient Sum for the Payment 
of the civil List, contingent Charges of Government, the 
annual & punctual Payment of the Interest of the consoli- 
dated Debt and sinking Part of the Principal annually & 
to form a Bill for the purpose and to deliver in the whole 
to the Committee of Finance one Week before the next 
sitting of the Gcnl. Court, that they may maturely con- 
sider the same and the said Committee are directed to sit 
accordingly for that purpose and make Report on the first 
Day of the next sitting of the Genl. Court : 

And it is further Resolved, That the Treasurer be & he 
is hereby ordered to call on the several County Treasurers 
to return into his Office, all Bonds which have l>een given 
by Sheriffs & Coroners for the faithful performance of the 
Duties of their respective offices and whereby they are 
made answerable to the Treasurer of the Commonwealth, 
& to report to him all such of the said Bonds, as have 
been given to the said County Treasurers — to see that the 
Clerk of the Supreme Judicial Court, and each Clerk of the 
peace, return agreeably to Law, a certificate of all fines, 
amerciaments, issues & forfeitures arising or imposed to 
the use of the Common Wealth by their respective Courts 
— And also to take proper measures to compell all Jus- 
tices of the peace to account with him annually for all 
fines by them received or imposed for the use of the Com- 
mon Wealth — And the Attorney General on application 
from the Treasurer, is directed to afford him all necessary 
assistance to enable him to carry the above liesolutions 
into effectual Execution. Jane 20, 1788. 



Chapter 99. 

RESOLVE DIRECTING THE TREASURER NOT TO RECEIVE ANY 
MORE INDENTS UPON ANY TAX PRIOR TO TAX NO. 5. 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereljy directed not to recieve any more indents 
upon any Tax prior to Tax No. Five, any Law or Resolve 
to the Contrary notwithstanding. June 20, 1788. 



228 Resolves, 1788. — May Session. 



Chapter 100. 

RESOLVE ON THE PETITION OF WILLIAM HUNT, IN BEHALF 
OF GILBERT BENCH, EXTENDING THE TIME TO THE SEC- 
OND WEDNESDAY OF THE NEXT SITTING OF THE COURT, 
AND DIRECTING HIM TO NOTIFY, TO SHEW CAUSE, &c. 

Whereas a resolve passed the General Court on the 
ninth day of June, instant directing Gilbert Denc/i, hy him- 
self or his Attorney to notify George Fechem by serving 
him with an attested copy of his said petition & the resolve 
thereon two days at least before the twelfth day of the pres- 
ent month that he might then shew cause if any he had why 
the prayer of the said petition should not be granted and 
that execution should be stayed in the mean time and it 
appearing to this Court l)y the representation of the said 
William Hunt, that he had not opportunity to notify said 
Fechem by the time directed in said resolution — 

Therefore — Resolved that the time for the said Fechem 
to appear & shew cause (if any he has) why the prayer of 
the said petition should not be granted, be & hereby is 
extended to the second Wednesday of the next sitting of 
the General Court, & that the said Dench or his attorney 
serve the said Fechem with an attested copy of his said 
petition & this resolve thereon, fifteen days at least l)efore 
the said second Wednesday of the next sitting of the Gen- 
eral Court and that execution on the judgment mentioned 
in said petition be stayed in the mean time. 

June 20, 1788. 

Chapter 101. 

RESOLVE ON THE PETITION OF DANIEL SARGENT, GRANTING 
HIM A NEW TRIAL IN AN ACTION WITH CHARLES WARD 
APTHORP. 

On the petition of Daniel Sargent praying that a cer- 
tain judgement recovered against him l)y Charles Ward 
Apthorp, on a process of confession before William Wet- 
more, esqr. on the 7th day of April last, may be taken off 
& reversed — 

Resolved, that any execution which hath been or may 
be issued on said judgment, & the saitl judgement likewise 
be & the same are hereby reversed and made null &void, 
also that the default suffered by said Sargent entered on 
the process aforesaid, be taken off'; and the said Daniel 



Resolves, 1788. — May Session. 229 

Sargent hath liberty to enter the said process at the Court 
of common pleas to be held at Boston for the County of 
Suffolk on the first tuesday of Jul// next & to prosecute 
the same in manner & form as if said Sargent had duly 
api)eared before the said Justice & refused to confess the 
demand made by said process & to submit the same to 
referrence. 

And it is further Resolved that the said Sargent cause the 
said Charles Ward Aptliorp or his attorney to be served 
with an attested copy of said petition together with this 
resolve, Plight days at least liefore the next sitting of the 
said Court of common pleas in Boston aforesaid, & in case 
the said Sargent shall neglect or refuse to enter the action 
as aforesaid, then the said Charles Ward Apthorp, is 
hereby enabled to enter his complaint against the said 
Sargent at said Court for affirmation of the judgement 
aforesaid with additional damages & costs, and the same 
Court of Common Pleas is hereby authorised & directed 
to proceed in the said cause in the same way & manner as 
tho the same had come before the said Court in the or- 
dinary course of Law. June 20, 1788. 



Chapter 103. 

RESOLVE ON THE MEMORIAL OF HENRY JACKSON, PERMIT- 
TING HIM TO RETURN THE DUE BILLS, ORDERS AND WAR- 
RANTS, TO THE AMOUNT OF £975, AND THAT HE BE PAID 
THE SAME, TOGETHER WITH THE SUM OF £587 7s. 'id. OUT 
OF THE FIRST MONEY FROM TAX NO. 6. 

Upon the memorial of Henri/ Jackso7i late Lt. Colo. 
Commandant of the Federal Regiment raised in this State 
agreeably to a resolve of Congress of 20th October 1786, 
representing that the alarming situation of the Common- 
wealth at the time the said troops were raised induced 
him l)y the advice of the Supreme Executive to enter into 
various Contracts in his own name & upon his personal 
Credit, for the inlisting quartering subsisting &, cloathing 
the said Troops, that he conducted this business with as 
much economy as was in his power, that his accounts of 
expenditures have been audited and approved of by the 
Board of Treasury of the United States, that he concciv'd 
the Resolves of this Court of 30th October 178(3, and of 
8th March 1787, were design'd to make ample provission 
for the purposes aforesaid, but that the intention of the 



230 Kesolves, 1788. — May Session. 

said Resolves has been frustrated in a great measure from 
there l)eing no money in the Treasury — That he placing 
unlimitted confidence upon the most solemn promises of 
l)eing indemnified by the Government and of receiving 
Specie for the Contracts made for supplies & cloathing of 
the Troops, has advanc'd all the monies he could com- 
mand from his private ]1roperty ; but is still indel)ted 
for the same property to a considerable amount, which it 
will be impossil)le for him to discharge without the assist- 
ance of Government & which must be attended with tlie 
most serious consequences to his reputation, should he not 
be by them enabled to discharge his engagements as afore- 
said. Wherefore, the said Jackson, having made it appear, 
that the facts aftbresaid are just, and that in Consequence 
of his engagments aforesaid, having been under the neces- 
sity of receiving Warrants Due Bills & orders upon the 
specie part of Tax No 5 — and of negociating the same for 
the purpose of raising specie ; he has already sustained by 
such negociations a loss of Five Hundi^ed and Eighty 
seven poundst seven shillings &. four pence, and that he has 
now on hand warrants aforesaid to the amount of Nine 
Hundred & seventy Jive Pounds. 

Resolved that the said Jackson be permitted to return to 
the Treasury of this Commonwealth the aforesaid War- 
rants Due Bills & orders to the amount of JSfiyie Hujidred 
& seventy Jive pounds. And that he be paid the same to- 
geather with the aforesaid sum of Five Hundred & Eighty 
seven pounds seven shilli7igs & four pence out of the first 
money which shall come into the Treasury from tax No, 
6 — not already appropriated. June 20, 1788. 



RESOLVES 

or THE 

GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS 

TOGETHER WITH THE MESSAGES, &c. OF HIS EXCEL- 
LENCY THE GOVERNOUR TO THE SAID COURT: 

BEGUN AND HELD A.T BOSTON, IN THE COUNTY OF SUFFOLK, 
ON WEDNESDAY THE TWENTY EIGHTH DAY OF MAT, ANNO 
DOMINI, 1788; AND FROM THENCE CONTINUED BY PROROGA- 
TION TO WEDNESDAY THE TWENTY NINTH DAY OF OCTO- 
BER FOLLOWING. 



1788. — October Session. 
Chapter 1. 

RESOLVE ON THE PETITION OF DOCTOR JAMES LLOTD. 

On the Petition of James Lloyd Physician, setting 
forth, that a Debt is due to him from Gltarles Paxlon late 
of Bofiton, a cons})irator & Al)sentee — and that the Es- 
tate o^ Robert Pierpoint late oiRoxbury Esqr. deceased is 
largely indebted to the said Paxton & Mortgaged for the 
Security thereof — And whereas all the Estate of the said 
Conspirator is confiscated & declared forfeit. 

Be it therefore Resolved, that the Committee for the 
Sale of the Estates of Conspirators & Absentees in the 
County of Suffolk, be & they are hereby directed & im- 
powered to receive the Debt aforesaid of the Executor, or 
Administrator on the Estate, of said Pierjmint, & to give 
a discharge for the same ; and in case of refusal or neglect 
of i)ayment, to sue out the Mortgage & take possession of 
the Premises in behalf of the Common Wealth ; and then 
to make sale thereof, & to dispose of the monies received, 
agreeably to Law. October 30, 1788. 



232 Kesolves, 1788. — October Session. 



Chapter 2. 

RESOLVE ON THE PETITION OF MOSES NOTES. 

On the Petition of Moses Noyes Administrator on the 
Estate of Jesse Moore late of Sudbury in the County of 
Middlesex, deceased, praying leave to compleat a bargain 
made by Silas Moore deceased a former Administrator of 
said Jesse Moore's Estate : 

Resolved, for reasons sett forth in said Petition, that 
the said Moses Noyes be, & he hereby is, fully authorized 
& empowered to compleat the bargain aforesaid & to exe- 
cute & deliver proper & sufficient Deeds in the same man- 
ner as the deceased Administrator might have done if he 
had been still alive, any law or usuage to the contreary 
notwithstanding. October 30, 1788. 

Chapter 3. 

RESOLVE ON THE PETITION OF EASMAN HUTCHINGS. 

On the petition of Gasman Hutchings, praying that the 
Treasurer of this Commonwealth may be directed to issue 
a Note of the sum of Fifty pounds in lieu of a Note of the 
same amount which he has lost, for reasons set forth in 
the said petition. 

Resolved, that the prayer of said petition be granted, and 
that the Treasurer of this Commonwealth be and hereliy is 
directed, to issue to the said Easman Hutchings a Note 
for the sum of Fifty pounds in lieu of the Note heretofore 
issued to the said Hutchings, which has been lost as afore- 
said. Provided, the said Hutchings shall first give Bond 
to the Treasurer with sufficient sureties, in the penal sum 
of one hundred pounds, conditioned, that if at any time 
hereafter the said Note shall be found and offered for pay- 
ment, the said Hutchings will refund the same. 

October 30, 1788. 

Chapter 4. 

RESOLVE ON THE PETITION OF OLIVER BACON. 

On the Petition of Oliver Bacon, praying that the 
Guardians for the JVatick Indians, may be impowered to 
make sale of about thirteen acres of land in said JVatick, 
belonging to the Estate of onary ohscow, an Indian Woman, 



Resolves, 1788. — October Session. 233 

Decesd — for the purpose of paying her Just Debts, & for 
the beiiifit of her Heir at Law : 

Resolved That the guardians for the JVatick Indians be 
and they hereby arc authorized and impowered to make 
Sale of the real Estate of mar// ohscoio late of JVatick, an 
Indian Woman, Decesd for the most the same shall fetch, 
they observing the rules and regulations of the law for the 
Sale of real Estates by Executors and administrators, first 
ofiveino- sufficient bond to the Judge of Probate for the 
County of middJesex faitlifiUly to apply so much of the 
Proceeds of the said Sale for the payment of the Just 
Debts of said Decesd as is necessary to discharge them 
and the remainder for the benifit of the Heirs at law of the 
Decesd. October 31 , 1 7SS, 

Chapter 5. 

RESOLVE ON THE PETITION OF LEVI PEASE. 

On the Petition of Levi Pease. 

Resolved that the Prayer thereof, be granted and that 
the Justices of the Court of general Sessions of the Peace 
for the County of Worcester, at their Sessions, to be held 
at Worcester by adjornmcnt on the first Wednesday of 
December next be and they hereby are impowered, (if 
they see cause) to grant a Licence to the said Levi as an 
Innholder in the Town of Wo^-cester, notwithstanding his 
haveing failed to settle his account with the Collector of 
excise within the Time limitted by Law, it now appearing 
he has settled his accounts and is approbated by the Select- 
men of the Town of Worcester as an Innholder. 

October 31,1788. 

Chapter 6.* 

RESOLVE ON THE PETITION OF THOMAS WALLCUT, AND WIL- 
LIAM HOSKINS, ENTITLING THEM TO THE BENEFIT OF AN 
ACT FOR ESTABLISHING FEES FOR THE SECRETARY'S OFFICE. 

On the petition of Thomas Wallcut and William Hoskins 
late Clerks in the Secretary's ofiice : 

Resolved, that there be paid out of the Treasury of this 
Commonwealth, from the monies arising from an Act 
passed March olst 1788, entitled "An xVct for annexing 

* Taken from court record. 



234 Resolves, 1788. — October Session. 



fees to certain papers in the Secretary's office and for mak- 
ing an apportionment thereof," to Thomas Wallcuf, & Wil- 
liam Hoskins, their respective proportions of what has 
been or may be received from time to time, according to 
the snms due to them, while Clerks in the said office until 
the whole be paid. October 31, 1788. 

Chapter 7. 

RESOLVE FOR ADJOURNING THE SUPREME JUDICIAL COURT 
WHICH WAS TO SET AT SALEM, THE FIRST TUESDAY OF NO- 
VEMBER, TO THE THIRD TUESDAY OF DECEMBER NEXT. 

Whereas the quantity of business now depending in the 
Supreme Judicial Court for the County oi Middlesex is so 
great that the said Court cannot have time to compleat the 
same, unless the Supreme Judicial Court to be liolden at 
Salem within & for the County of Essex on the first tues- 
day of November is adjourned to some future day : 

Resolved, that the Supreme Judicial Court to 1)e hoklen 
at Salem on the first tuesday of November aforesaid be 
adjourned to the third tuesday of December next, then to 
be holden at Saletn aforesaid. And the said Court at the 
said adjournment shall have cognizance of all such matters 
and things as they would have had on the first tuesday of 
November aforesaid ; & all writs, recognizances and 
processes of every kind now returnable on the first tues- 
day of the same November, shall have day in & be return- 
able unto the said Court on the said third tuesday of 
December next ; and all the suitors in the said Court, 
Jurors & Witnesses are to govern themselves accordingly, 
& the Secretary is directed tO cause a sufficient number of 
Copies of this Resolve to be printed and dispersed unto the 
dilierent parts of the County oi Essex as soon as may l)e. 

Octoher 31, 1788. 

Chapter 8.* 

RESOLVE ON THE PETITION OF HENRY KNOX, ESQ. AND OTHERS, 
CONSIDERING THE TIME INTENDED TO HAVE BEEN EX- 
PRESSED IN A RESOLVE PASSED JULY 4, 1785. 

Whereas there appears a clerical mistake in omitting 
the year immediately after the words, the nineteenth of 
April in a resolve passed Jul// 4 1785 ascertaining the 

* Taken from court record. 



Resolves, 1788. — October Session. 235 

bounds between the Commonwealth's land and those 
claimed l)y Bemichinnp and Leverett: 

Therefore Resolved, that the year seventeen hundred 
and seventy five, be considered as the time intended to 
have been expressed after the words aforesaid and all par- 
ties concerned are to govern themselves accordingly. 

November 1 , 1 788. 

Chapter 9. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF LUNENBURG. 

on the })etition of the Selectmen of the Tow^n of Lunen- 
hur<i. 

Resolved, That the doings of William Jones & David 
Ghafplin chosen Collectors of Taxes for the Town oi Lunen- 
burg in March 1787 be Established provided they shall take 
the Oath of allegiance on or before the Twenty Eight day 
of iVbi;V next. November 1, 1788. 

Chapter 9 a.* 

RESOLVE ON THE PETITION OF BENJAMIN WISER, EMPOWERING 
THE GUARDIANS OF THE GRAFTON INDIANS, TO SELL THE 
LANDS MENTIONED, AT PUBLIC OR PRIVATE SALE. 

On the petition of Benjamin Wiser of Grafton an In- 
dian Native, praying for liberty to dispose of twenty Acres 
of Land : For reasons mentioned in said petition. 

Resolved, that the prayer of said petition be granted, 
and that the Guardeans of the Grafton Indians lie, and 
they are hereby empowered to make sale of the Lands 
mentioned in the said petition for the most the same will 
fetch, at Publick Vendue or at private sale, and to make 
and Execute a good Deed or Deeds thereof, in their said 
capacity, to the purchaser or purchasers ; and to apply 
the proceeds of such sale to the benefit of the said Benja- 
min Wiser. November 1,1788. 

_ 

Chapter lO. 

RESOLVE ON THE PETITION OF ROBERT GRIFFIN, DIRECTING 
THE COMMISSARY GENERAL, TO PROCURE A PASSAGE FOR 
HIM TO IRELAND, AND GRANT TO. 

on the Petition of Robert Griffin : 

Resolved, that the Prayer of the said Petition be so far 
granted as that the Commissary General l)e and he is 

* Not printed in previous editions. 



236 Resolves, 1788. — October Sessioist. 

hereby directed to procure a Passage for the said Robert 
Griffin in some Vessel bound for the Kingdom oi Ireland, 
and that a sum not exceeding Tiuelve Pounds he paid out 
of the public Treasury to the Connnissary General for that 
Purpose, he to be accountable to this Court therefor. 

November 3, 1788. 



Chapter 11. 

RESOLVE ON THE PETITION OF DOCTOR ABIJAH CHEEVER, 
GRANTING HIM FIFTEEN POUNDS. 

On the petition of Doctr. Abijah Glieever praying for a 
further allowance for medicines & attendance on the poor 
of this Commonwealth. 

Resolved that there be, & hcre])y is allowed & order'd 
to be pay'd out of the treasury of this Commonwealth, the 
sum of Fifteen pounds, to the sd. Abijah Gheever in full 
for medicines & attendance on the poor of this Common- 
wealth from 15th of May 1786, to 15th May 1787. 

November 3, 1788. 



Chapter 13. 

RESOLVE ON THE PETITION OF TIMOTHY GOODWIN, ADMINIS- 
TRATOR ON THE ESTATE OF ABIEL SHURTLEFF, AUTHORIZ- 
ING HIM TO GIVE A GOOD DEED OF A BARN LOT AND BARN 
STANDING THEREON. 

On the petition of Timothy Goodivin, administrator on 
the Estate of Abiel Shurtleff late of Plymouth deceased: 

Resolved, That the prayer of said petition for reasons 
therein set forth be granted, and that the said Timothy 
Goodwin be and he is hereby authorized and empowered 
in his said capacity to give and execute a good and suffi- 
cient deed in fee simple of a barn lot and barn standing 
thereon lying & being in Plymouth aforesaid part of the 
Estate of said deceased to William Hall Jackson of said 
Plymouth the said deceased having sold the same to the 
said William Hall Jackson in his life time — And the deed 
so executed and recorded as the law directs shall be as 
good and valid as if the said Abiel Shurtleff when in full 
life had executed the same any law usage or custom to 
the contrary notwithstanding. November 3, 1788. 



Eesolves, 1788. — October Session. 237 



Chapter 13. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF TTRINGEAM, 
ABATING A FINE FOR NOT SENDING A REPRESENTATIVE IN 
1786. 

On the Petition of the Select Men of the town of Tyr- 
ingJiam, Praying for abatement of a fine for not Sending 
a Representative to the General Court of this Common 
Wealth in the year 1786 : 

Resolved that the said Town of Tyringliam be abated 
the said fine of eleven pounds ten shillinr/s and that the 
Treasurer of this Commonwealth be and he hereby is 
Directed to credit the said Town of Tyringham the above 
mentioned snm accordingly. November 5, 1788. 



Chapter 14. 

RESOLVE ON THE PETITION OF DANIEL PUTNAM, IN BEHALF 
OF THE TOWN OF FITCHBURG, PERMITTING SAID TOWN TO 
PAY THE SUM MENTIONED, AS A FINE LAID ON SAID TOWN 
FOR THE DEFICIENCY OF ONE MAN. 

On the petition o'i Daniel Putnam in behalf of the town 
of Fitchhurgh : 

Resolved, for the reasons set forth in said petition that 
the town of Fitchhurgh are hereby permitted to pay into 
the Treasury of this CommonAvealth the sum of Seventy 
four x>ounds one shilling & eight joence laid on the said 
town as a fine for a deficiency of one man, required of said 
town, for filling up the Continental army in the year 1782 
in consolidated notes of this Commonwealth, & the Treas- 
urer of this Conmionwealth is hereby directed to govern 
himself accordingly. November 3, 1788. 



Cliapter 15. 

RESOLVE ON THE PETITION OF JAMES FROST, EMPOWERING 
HIM TO COMPLEAT THE SALE OF THE LAND MENTIONED. 

On the Petition of James Frost administrator de bonis 
nan on the Estate of James Frost late of Oarnbridge in the 
County of rniddlesex Physician decesd, Intestate, praying 
that he may be impowered to Compleat the sale of Certain 
lands belonging to said decesd Estate, which were Bar- 
gained to be sold by Samuel Thatcher, Esqr. decesd late 



238 Eesolves, 1788. — October Session. 

administrator on the aforesaid Estate but the sale thereof 
was not Compleated. 

Besolved that the prayer of the said Petition be granted, 
and that the said James Frost be and he hereby, in his 
said Capacity, is authorized and impowered to Compleat 
the sale of the said land in the same manner as the said 
Samuel Thatcher while in full life, was l)y law impowered 
and to make and Execute a good and sufficient deed or 
deeds to the purchaser or purchasers thereof, he observing 
the same rules and regulations as the former administra- 
tor must have done to Compleat the aforesaid sale. 

November 4, 1788. 

Chapter 16. 

RESOLVE ON THE PETITION OF SPENCER FIELD, GRANT TO. 

on the Petition of Spencer Field, seting forth that he 
was Employed as a Surgeon to take charge of one of the 
Convention troops, who had his Leg Broak, praying for 
allowance therefor : 

Resolved that there be Allowed & paid out of the Treas- 
ur}^ of this Commonwealth, the sum of tiuo pounds Fight 
shillings, to Dr. Spencer Field in full of his accounts for 
the Aforsaid service — & the Committee for methodizing 
Publick accounts, are hereby Directed to charge the same 
to the United States. November 4, 1788. 



Chapter 17. 

RESOLVE ON THE PETITION OF TIMOTHY PAINE, SAMUEL 
BAKER AND JOSIAH WHITNEY, EMPOWERING THE JUSTICES 
OF THE COURT OF GENERAL SESSIONS OF THE PEACE, FOR 
THE COUNTY OF WORCESTER, TO MAKE SALE OF THE OLD 
GOAL IN SAID COUNTY, AND THE NET PROCEEDS TO BE 
APPROPRIATED TO BUILD A HOUSE FOR THE GOALER. 

On the Petition of Timothy Paine & others : 
Resolved that the Prayer of said Petition be granted 
and that the Justices of the Court of general Sessions of 
the Peace for the County of Worcester, at any of their 
Sessions, he and they hereby are authorized and impow- 
ered to appoint a Committee to make sale of the old Goal 
in said County and the land thereto belonging either at a 
publick or private sale — and that the Proceeds arising by 
such sale, be appropriated by the said Justices, towards 



Resolves, 1788. — October Session. 239 

building a dwelling House, for the use of the Goaler on 
the Land near the new Goal in said County. 

November 4, 17SS. 



Cliapter 18. 

RESOLVE ON THE PETITION OF ISAIAH WASHBURN, DIS- 
CHARGING HIM FROM THE JUDGMENT MENTIONED, UPON 
PAYING COSTS. 

On the Petition of Isaiah Washburn^ seting forth that 
there was Judgment oljtained against him before the Su- 
pream Judicial Court in the County of Hampshire on the 
last tusday of Aiwil A D 1788, for the sum oi fifty Pounds, 
on a Recognizance as Surety for one Uriah Goodvnn, who 
was afterwards brought into Court & convicted ; & pray- 
ino^ to be discharoed therefrom : 

Resolved, that Isaiah Washburn, be and he Hereby is, 
fully Discharged from the aforsaid Judgment rendered 
against him, upon his paying the Costs that have arisen 
thereon, & the Sheriti' of the said County of Hampshire, 
is hereby Directed to return the Execution issued on the 
Judgment al)ovementioned, fully satisfyed upon the Pay- 
ment of Costs as aforsaid. November 4, 178S. 



Chapter 19.* 

RESOLVE ON THE PETITION OF EZRA WHITMAN. 

On the Petition of Ezra Whitman, Administrator on the 
Estate of Daniel Wltitman, Late of Bridgwater Deceased. 

Resolved for reasons set forth in said Petition that the 
Prayer thereof be Granted — and that the Judge of Pro- 
bate of Wills &c for the County of Plymouth, be and he 
is hereby authorized and empowered, on Application to 
Appoint Commissioners to Examine any Further Claims 
which may be Exhibited — against the Estate of Daniel 
Whitman aforesaid for the Term of Two months from the 
time of their Appointment — any Law to the Contrary not- 
withstanding. November 4, 1788. 

* This chapter, as printed in previous editions, was incorrect. 



240 Resolves, 1788. — October Session. 



Chapter 20. 

RESOLVE ON THE PETITION OF JOSHUA CLAP, ENTITLING HIM 
TO RECEIVE AN ANNUAL PENSION, PROVIDED. 

On the Petition of Joshua Clap, who was wounded in 
the Battle on Bemis's Height on the 19th day of Septem- 
her nil. 

Resolved, that the said Joshua Clap, he, and he hereby 
is entitled to receive an annual Pension equal to one third 
part of the pa}^ of a Lieutenant ; to commence on the first 
Day oi January 1784, and continue from that time to the 
first day of July last pasl — and an annual Pension equal to 
one half of the pay of a Lieutenant, from the said first day 
of July, untill the further order of the General Court or of 
Congress, provided the said Joshua previous to his receiv- 
ing any part of the said Pension or to his being entered 
on the pension List of this Comonwealth, shall produce 
to JoJin Lucas Commissary of Pensioners for this Com- 
monwealth or his Successor in office, a Certificate signed 
by such officer as Congress has already appointed or shall 
hereafter appoint to give the same, by which it shall ap- 
pear, that the said Joshua has not received the Commu- 
tation of his half pay, & that he relinquishes all claim 
thereto. November 10, 1788. 

Chapter 21. 

RESOLVE ON THE PETITION OF REUBEN TAFT OF UXBRIDGE, 
AUTHORIZING MART FREEMAN, EXECUTRIX, TO RECONVEY, 
BY DEED OF RELEASE, THE LAND MENTIONED. 

On the Petition of Reuben Taft of Uxhridge^ praying 
• (for reasons set forth in sd. petition) that Mary Freeman 
Executrix of Phillip Freeman, junr. late oi Boston de- 
ceas'd, may be authoriz'd to reconvey to sd. Taft, two 
pieces of Land lying in Uxbridge, which sd. Taft by his 
Deed, dated April \li\\ A. D. 1112. convey'd to sd. 
Phillip Freeman, in his life time — 

Resolv'd that the prayer of sd. petition be granted, & 
that the sd. Mary Freeman Executrix as aforesd ])e & she 
hereby is fully authoriz'd & impower'd to reconvey by deed 
of Release the sd. two peices of Land to the sd. Taft & his 
heirs forever, which same deed shall be valid & effectual 
to all intents & purposes to pass to the said Taft & his 
heirs forever all the right title & interest of every kind. 



Eesolves, 1788. — October Session. 241 

which the sd. PliillijJ Freeman junr in his life time, had in 
& to the same two peices of Land. November 10, 17SS. 

Chapter 33. 

RESOLVE ON THE PETITION OF SILVANVS HOIV, GRANT TO, OF 

£2 9s. dd. 

On the Petition of Silvanus Hoio : 

Resolved That there be allowed & paid to the said Silva- 
nus How, out of the Treasury of this commonwealth the 
sum of Two pounds nine shillings & nine pence in full for 
the money he paid to redeem Twenty three acres and 
nhiety nine rods of land, which had l)een sold by a col- 
lector for Taxes, the same being part of a Tract of land, 
which the said IIoiv purchased of the committe for the sale 
of confiscated estates in the county of Worcester. 

November 10, 1788. 

Chapter 23. 

RESOLVE ON THE PETITION OF ELISHA PORTER, ESQ. 

On the Memorial of Elisha Porter Esqr. Sheriff of the 
County of Aawi^w/iire, Praying that he maybe permitted to 
pay into the Treasury one Consolidated State note oi thirty 
2)onnd Three shillinr/s, Dated Janr. ye 1st 1782 with Nine 
months & two years Interest Indorst on the Same, in Full 
Discharge of a Fine which he Received of George Crane 
who was by the Sentence of the Supreme Judicial Court, 
in april 1785, ordered to pay a Fine oi thirty jjounds for 
Passing a Counterfiet Final Settlement Certificate : 

Resolved that the Treasurer be & he hereby is athorized 
and Directed to Recive of the said Sheriff the Note afor- 
sald in full Satisfaction for the aforesaid Fine and, to Dis- 
charge the Sherifl' accordingly. November 11, 1788. 

Chapter 24. 

RESOLVE ON THE PETITION OF ANDREW AND MARY PARKER, 
EMPOWERING THEM TO SELL CERTAIN REAL ESTATE. 

on the Petition of Andreio Parker & Mary his Wife, 
Praying that they may be Empowered to sell that Part of 
the Estate which Nathaniel Stearns Late of Concord De- 
ceased Died seized & possessed of, that is assigned for the 
Dower of the said Mary as widow of the Deceased, and 



242 Resolves, 1788. — October Session. 

also the shares of five minor heirs, adjoining the said 
widows Dower, for reasons set forth in the said Petition : 
Resolved, that the Decree of the Judge of Probate for 
the County oi Middlesex, on the Division of the Estate of 
Nathaniel Stearns late of Concord in the said County, 
Currier, Deceased, Be and hereby is Reversed; & that 
JoJin Farrar Esqr. is herel)y authorised &, empowered to 
sell that part of the real Estate oi Nathaniel Stearns, Late 
of Concord, in the County of Middlesex Currier Deceased 
which was assigned for the widows Dower, & the shares 
of five minors, heirs to the said Estate, viz Mercy Eliza- 
beth Isaiah Daniel & Benjamin, observing the rules pre- 
scril)ed in the laws for the sale of Real Estate l)y Executors 
& administrators, & first giveing bonds to the Judge of 
Probate for the County of Middlesex, that the Net Pro- 
ceeds of the sale of the said Estate after paying the Just 
Debts of the Deceased, shall be Put on Interest with good 
security, for the use of the heirs to the said Estate, & the 
said Judge of Probate is hereljy Empowered & Directed 
in the Disiiosition of the said Estate, to assign to the said 
Mary who was the widow of the said Deceased, one third 
part of the Interest of the Proceeds of the Sale of the real 
Estate of the said Deceased during her natural life. 

November 11, 1788. 

Chapter 35. 

RESOLVE GRANTING TO JACOB KUHN, £10 10s. 4d. 

Resolved, That there be allowed, & paid out of ye public 
Treasury, of this Commonwealth, to Mr. Jacob KuJm Mes- 
senger to the general Court, ye Sum of Ten Pounds, ten 
shillinr/s, &fonr jjence, to enable him to pay for the Window 
Curtains, which he has procured by Order of the House of 
Representatives. November 12, 1788. 

Chapter 36. 

RESOLVE ON THE PETITION OF CAPT. CROCKER SAMPSON, 
GRANTING HIM £120. 

On the Petition of Crocher Sampson Agent for the 
Fourteenth Regiment of this State's line of the Continen- 
tal army : 

Resolved that there be Allowed and paid, out of the 
Treasury of this Commonwealth from the next State Tax 



Resolves, 1788. — October Session. 243 

that shall be Granted To the Said Crocher Sampson the 
Sum of One Hwidred and Tioenty p)Ounds in full Compen- 
sation for his Time, Travel and Expence in performing 
the Business of an Agent as aforesaid and this Allowance 
to be Charged to the United States. 

November 12, 178S. 

Chapter 37. 

RESOLVE ON THE PETITION OF STEPHEN DUTCH, GRANTING 

£50. 

on the Petition of Stephen Dutch, representing that he 
incurred extraordinary expence in Prosecuting one Mat- 
tkew Fairfield who has been convicted of Counterfeiting 
or altering an army Note signed l)y the Treasurer of this 
Commonwealth, which Representation being well sup- 
ported : 

Resolved that the Treasurer of this Commonwealth be 
& he hereby is Directed to pay to Stephen Dutch the sum 
oi fifty pounds in Consolidated Notes, in full Compensa- 
tion for His Extraordinary Exertions in Prosecuteing the 
aforesaid offender, it being the same Sum which was Re- 
covered of the said Fairfield as a fine, & paid into the 
Treasury. November 13, 1788. 

Chapter 38. 

RESOLVE ON THE PETITION OF DAVID KINGMAN, ONE OF THE 
GUARDIANS OF THE INDIANS IN THE COUNTY OF PLYM- 
OUTH, EMPOWERING HIM AND JOHN NELSON, TO MAKE 
SALE OF THE LANDS MENTIONED. 

On the petition of David Kingman one of the guardians 
of the Indians in the County of Plymouth : 

Resolved, that the said David Kingman & John Nelson, 
esq. guardians to the Plymouth Indians, be, & they are 
hereby authorised & empowered to make sale of all the 
lands, belonging to the Indian tribe in town of Pembroke 
in the County oi Plymouth, excepting Seven acres of the 
said land with the Indian dwelling house standing^ on the 
same, for the most it will fetch, & they are hereby author- 
ised & empowered in the behalf of the said Indians to 
make & execute a good deed or deeds of the said lands, & 
the said guardians are hereby directed to discharge with 
the proceeds of the said sale the debt which hath already 



244 Eesolves, 1788. — Octobee Sessioi^^. 

been contracted, & the charge already incurred for the 
support nursing and doctoring of 3IoU Conaivay one of 
the said tribe in Pemhroke^ mentioned in the said petition, 
amounting to aliout eighteen pounds, & the expence which 
may be incurred liereafter for the support nursing and 
doctoring of the said Moll previous to the said sale, & the 
remainder of the money arising from the said sale, if any 
there be, to put on interest for the benefit of the said In- 
dian Tribe in the town of Pembroke, and the said Guar- 
dians to be accountable for the expenditure of the same to 
the General Court of this Commonwealth. 

November 13, 1788. 



Chapter 39. 

RESOLVE GRANTING A TAX OF £500 ON THE POLLS & ESTATES 
IN THE COUNTY OF MIDDLESEX, TO BE APPLIED TO THE 
BUILDING A NEW GOAL IN CONCORD. 

Whereas it appears by the Representation of the Jus- 
tices of the Court of General Sessions of the peace for the 
County of Middlesex that it is Necessary to build a new 
Goal in Concord within said County, & that a tax of Jive 
Jmndred pounds is Necessary for that Purpose : 

Resolved that there be & hereby is granted a tax oi five 
hundred pounds to be apportioned & assessed on the polls 
& Estates of the Inhabitants of the County of Middlesex 
aforsaid, & applied to the use thereof, according to the 
laws of this Commonwealth. November 13, 1788. 



Chapter 30. 

RESOLVE ON THE PETITION OF ENOCH GREENLEAF, EPHRAIM 
WOOD AND OTHERS, AUTHORIZING THEM TO SELL AND CON- 
VEY THE COUNTY HOUSE, GOAL & LAND, AGREEABLY TO 
THE ORDER OF THE COURT OF GENERAL SESSIONS FOR 
MIDDLESEX COUNTY. 

On the Petition of Enoch Greenleaf, Ephraim Wood, 
Duncan Ingraham, Francis Faulkner and Loammi Bald- 
win, Esquires praying for leave to pass a Deed or Deeds 
of the County House, land and old Goal in Concord in the 
County of Middlesex : 

Resolved that the prayer of the said petition be granted 
and that the said Enoch Greenleaf and others above named 
be, and they hereby are fully authorised & impowered to 



Resolves, 1788. — October Session. 245 

sell and convey the County House, Goal and land in the 
said Petition mentioned, by a good and sufficient Deed or 
Deeds, to any person or persons who may appear to pur- 
chase the same, agreeably to the Order of the Court of 
general Sessions of the Peace for the said County of Mid- 
dlesex, at the Term thereof holden at Concord aforesaid on 
the second Tuesday of September last. 

November 13, 17 SS. 

Chapter 31. 

RESOLVE ON THE PETITION OF JOHN CODMAN, JUN. 

On the petition of Jo/ui Codman, Junr. praying pay- 
ment for six brass Cannon sold to the Commonwealth : 

Resolved that the Treasurer of this Commonwealth be 
& he hereby is directed to borrow the Sum of One hun- 
dred & seventy one i^ounds two shillings — and to pay the 
same to the said John Codman (upon his producing an 
Order therefor from Richard Devens Commissary General 
dated July 7th 1786) together with interest theron from 
January 7th 1787. November 13, 1788. 



Chapter 32. 

RESOLVE GRANTING £199 4«. M. TO THE HON. NATHAN DANE, 
ONE OF THE COMMITTEE ON UNAPPROPRIATED LANDS. 

• Resolved that there be alloAved & paid out of the public 
treasury the sum of One hundred & ninety nine pounds, 
four shillings & six p>ence in specie to the honorable Na- 
tJian Dane Esqr. being a balance due to him as one of the 
Committee on the subject of unappropriated lands, & set- 
tled by the committe appointed to settle the accounts of 
said Committee. November 14, 1788. 



Chapter 33. 

RESOLVE ON THE PETITION OF DENNIS FERNALD. 

On the Petition of Dennis Fernald Executor of the last 
Will and Testament of Tobias Fernald late of Kiltery in 
the County of Yorh, deed i)rayiug for reasons set forth 
in his Petition liberty to make Sale of the Government 
Securities of the Intestate : 

Resolved that the Judire of Probate of Wills &c. for the 



246 Resolves, 1788. — October Session. 

said County be & he hereby is impowered (if he shall 
think proper) to authorise the said Dennis^ in his said 
capacity to dispose of as many of the pul)lick Securities 
beloning to the Estate of the said Intestate as will be suffi- 
cient to pay the debts due therefrom with incidental 
Charges in such Manner as to the said Judge shall appear 
most reasonable any Law or Resolve to the contrary not- 
withstanding. November 14, 1788. 



Chapter 34. 

RESOLVE ON THE ACCOUNT OF SAMUEL BELLOWS SHELDON, 
DIRECTING PAYMENT FOR PISTOLS LOST. 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth, to Samuel Bellotns Shel- 
den, Tiuenty tivo pounds seventeen sJiilUnr/s & three pence, 
in full for his account, for five pair of Pistols lost in the Ser- 
vice of Government, and for his Expences &c. in i)rocuring 
& returning accoutrements for a Company of Horse under 
his command. November 14, 1788. 



Chapter 35. 

RESOLVE DIRECTING THE MODE FOR CHOICE OF REGISTERS OF 
DEEDS, IN THE THREE DISTRICTS IN THE COUNTY OF BERK- 
SHIRE. 

Resolved That Jahleel Woodbridge Esquire of Stock- 
bridge and William Toivner, Esquire of ]VilUa?nstown be 
authorized forthwith to issue their Warrants to the Select- 
men of the several Towns and to some principal Inha))i- 
tant in the several plantations within the respective districts 
mentioned in an Act of the Legislature passed June 18th 
1788 intitled "An Act for dividing the County o^ Berk- 
shire into three districts for the purpose of choosing 
Registers of Deeds in the said Districts " for the purpose 
mentioned in said Act and that the same proceedings be 
had in pursuance of the said Warrants, as is in said Act 
directed (with this only difference that the return of the 
votes from the several Towns and Plantations within the 
respective districts be made to the Court of General Ses- 
sions of the peace to be holden at Lenox, in said County 
on the first Tuesday of February next on the first day of 
the setting of said Court. 

And that the Register of Deeds for the South District 



Kesolves, 1788. — October Session. 247 

in the suid County is iiutliorized to continue to register all 
such Deeds within said County as shall l^e presented to 
him for that pur])ose until Registers in said districts re- 
spectively shall ]je chosen, any thing in the beforemen- 
tioned Act, to the contrary notwithstanding. 

November 17 , 1788. 

Chapter 36. 

RESOLVE ON THE PETITION OF ADONIJAE DENNIS, ADMINIS- 
TRATOR ON THE ESTATE OF SAMUEL DENNIS, GRANTING 
HIM £.5 19s. FOR TRAVEL AND ATTENDANCE AT THE GENERAL 
COURT, IN 1777. 

On the Petition of Adonijah Dennis Administrator On 
the Estate of Samll, Dennis late of Petersham deceased 
praying for allowance & })ayment for fourteen days at- 
tendance in the Genl. Court in the year 1777 and 75 miles 
travil, which appears to be due to the sd. Adonijah as 
Administrator as afforesd : 

Resolved, that the prayer of the sd. Petition be granted, 
&, that there be paid out of the Treasury of this Common- 
wealth to the sd. Adonijah the Sum of Five Pounds nine- 
teen shillings in full for the Travil & attendance afforesd 
& that the same be charged to the Town of Petersham in 
the next tax. November 17^ 1788. 



Chapter 37. 

RESOLVE APPOINTING A COMMITTEE OF BOTH HOUSES, AUTHOR- 
IZING THEM TO SETTLE AND ADJUST THE BOUNDARIES OF 
THE KENNEBEC PURCHASE, OR PLYMOUTH CLAIM, WITH 
THE PROPRIETORS THEREOF OR THEIR AGENTS, UPON SUCH 
TERMS AS SHALL APPEAR TO THEM EQUITABLE, AND TO EX- 
ECUTE ANY DEED OF RELEASE OR CONFIRMATION TO THE 
SAID PROPRIETORS, WITH A PROVISO. 

The Committee on the sale of Eastern lands, take leave 
to report, 

that Pursuant to the direction of the Legislature, they 
have conferred with the Agents of the Plymouth company 
(so called) who observed, that they had formerly had 
various conferences with different committees of the Gen- 
eral Court, &, made such concessions as were satisfactory 
to the committees but failed in meeting with the approl)a- 
tion of the Legislature, & at first declined any fartlier 
conference on the sul^ject in dispute unless the General 



248 Kesolves, 1788. — October Sessiois^. 

Court should judge it expedient to empower a Committee, 
to make a final adjustment with them respecting their 
claim, however, after further consideration, l)eing, as they 
said, very desirous of an acconnnodation without expen- 
sive & tedious law suits, made the following proposition 
as the basis of a final adjustment of the dispute between 
them & the Commonwealth vizt. 

Whereas a dispute hath long subsisted between this 
Commonwealth, & the Plymo^dJi company, otherwise 
called the pro})rietors of the Kennebec purchase from the 
late Colony oi New Ph/moutJi, respecting the boundaries 
of the said company's claim, and it is expedient that the 
same should be ascertained & settled as soon as may be — 
The Agents for said company, propose, that this Com- 
monwealth should release & grant unto the said Plymouth 
company or proprietors of the Kennebec purchase aforesaid 
their heirs & assigns forever all the right, title & interest, 
which this Commonwealth hath in or to, all that tract or 
parcel of land in the County of Lincoln & Commonwealth 
of Massachusetts lying on each side of Kennebec river & 
extending on each side fifteen miles therefrom & bounded 
north by a line running across the said Kennebec river due 
east & west by the compass at the perpendicular distance 
of six miles above or to the north of the mouth of Wesse- 
runset river (the said line extending fifteen miles into the 
woods on each side of the said Kennebec river) & from the 
said north line, the said tract to extend southwardly down 
said Kennebec 7'iver to the utmost limits of Cobbiseconte 
which adjoineth to the river of Kennebec towards the 
western Ocean, being all the lands between the said 
nothern & southern boundary lines & within fifteen miles 
of the said Kennebec river, on each side thereof; the said 
southern boundary line to run across said Kennebec river 
on a course west north west and east south east. 

And that the said Commonwealth should confirm to the 
said company their heirs & assigns all legal purchases 
which they have made between the said lines, & also 
to the southward of the said southern boundary line ; and 
also all grants of land which the said company have made 
to the southward of the said northern boundary line. — 

Provided that nothing herein contained shall be con- 
strued to exclude any claimants from the benefit of Law 
in asserting their claims to any of the lands aforesaid. — 

Provided also that the said company do quiet the set- 



Resolves, 1788. — October Session. 249 

tiers on the land lyini^ above the mouth of said IFes.se- 
rnnset River as far as their nothern bounds aforesaid by 
granting one hundred aeres to each settler, that settled 
thereon l^efore the year 1775 ; and to those who have 
since settled thereon One hundred acres to 1)e estimated 
& paid for by them, Considering such land in a state of 
nature . 

And Provided aho that the said Company shall within 
three months signify by vote their accjuiescence with, & 
their acceeding to the terms of the foregoing propositions 
& relinquishing their claim to all other lands in the County 
o^ Lincoln-; & shall lodge in the Secretary's office (authen- 
ticated by their Clerk) a copy of such vote within the time 
aforesaid. 

Resolved that Caleb Strong, JSFathl. Wells, Abel Wilder 
& Dummer Sewell Esq'rs & William Wedgerij, Larkin 
TJiorndiJce Israel Hutchinson, Thomas Ives and /Saviael 
JVcissoji Esquires or any six of them be a Committee with 
full })owcr in behalf of this Conmionwealth to settle & ad- 
just the boundaries of the Kennebec purchase or PlymoutJi 
claim so called with the proprietors thereof or their lawfull 
Agents on such terms and conditions as to them may ap- 
pear equita])le & most advantageous to the Commonwealth, 
& in the name of the said Comonwealth, to make and exe- 
cute according to Law, any Deed of release or confirma- 
tion to the said proprietors, which may be necessary to 
put a final end to any dis})ute l)etween the Commonwealth, 
and the said proprietors, and to receive similar deeds from 
the said company or their lawful agents — Provided that 
the said Committee shall not on any pretence whatever 
release or confirm to the said proprietors any lands above 
a line drawn east and west across a line extending north 
from the mouth of Wesserunsett, at the distance of three 
miles therefrom, nor any lands on the east side oi Kenne- 
bec river below the north line of Woohvich, nor any lands 
on the west side o^ Kennebec river below the utmost limits 
of Cobbiseconte towards the Western Ocean, nor any lands, 
which upon an average are more than fifteen miles distant 
from Kennebec river. November 17, 1788. 

Chapter 38. 

RESOLVE RENDERING VALID THE DOINGS OF SHERIFFS AND 
CORONERS, PROVIDED THEY GIVE SECURITY AS DIRECTED. 

Whereas in and by an act of the General Court passed 
March 12, 1784 entitled an act defining the general pow- 



250 Resolves, 1788. — October Session. 

ers and duties, and regulating the office of Sheriffs it is 
enacted that every Sheriff shall give sufficient security at 
the discretion of the Court of Common Pleas, in his 
County, unto the treasurer of the Commonwealth, for his 
faithful performance of the duties of his office, and to an- 
swer the malefeasance and misfeasance of all his deputies, 
and if any Sheriff shall neglect to give such security at the 
Court of Common Pleas, which shall be held in his County 
next after his being commissioned, all services done by him 
afterwards, and l^efore he shall give such security, shall ])e 
null and void ; — and Whereas by another act of the Gen- 
eral Court i)assed on the same 12th March entitled an act 
describing the duty & powers of Coroners, it is enacted 
that Coroners shall give security before, they proceed to 
act in the same manner as Sherifls by law are obliged to 
do — and whereas it a})pears that many of the Sherifls & 
Coroners within this Commonwealth have neglected to 
give security as directed by the acts aforesaid by which 
neglect the services of such sherifls and coroners are ren- 
dered null & void, which will operate to the very great 
injury of all those persons in whose Ijehalf such services 
have been made : 

Be it therefore resolved that all services heretofore done 
by any Sherifls or coroners, within this Commonwealth or 
which shall be done at anytime l)efore the next session of 
the Court of Common Pleas which shall be held in the 
County to which such Sherifl" or Coroner respectively be- 
longs shall l)e valid to all intents & purposes their neglect 
to give security as directed in and hy the Acts aforesaid 
notwithstanding, 

Provided nevertheless that if any Sherifl' or Coroner 
within this Commonwealth who hath hitherto neglected to 
give security as directed by the Acts aforesd shall neglect 
to give Security at the Court of Common Pleas, which 
shall next l)e holden in the County whereof he is Sheriff 
or Coroner for the faithful Performance of the Duties of 
his Office in Time to come and to answer the malefeasance 
& misfeasances of himself and all his Deputys as well those 
which shall have been done or conmiitted before such 
Security shall be given as those which shall be committed 
afterwards — the Sheriff or Coroner so neglecting shall ])e 
liable to any Action or Suit in the same Manner as if this 
Resolve had not been [)assed any Thing Herein contained 
to the contrary notwithstanding. November 17, 17 88. 



Resolves, 1788. — October Session. 251 



Chapter 39. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE 
COUNCIL, SENATE, AND HOUSE OF REPRESENTATIVES. 

Resolved that there be allowed & paid to the Members 
of the Honbl. Council seven sJiillings for each days At- 
tendance, to the members of the Hon. Senate, six sJiillings 
& six pence, and to the Members of the House of Repre- 
sentatives six shillings for each days attendance the Pres- 
ent session of the General Court and the same pay for 
Travel that has l)een usually allowed. 

And it is further Resolved that there shall be paid out 
of the Publick Treasury, to the Hon. Samuel Rhillij)s 
Esqr. President of the Senate and to the Hon. Theodore 
Sedgioick Es(]r. speaker of the House of Rei)resentatives 
each the sum oi Jive shillings per day for every days at- 
tendance on the General Court the Present session over 
and above their respective pay as Members thereof. 

November IS, 1788. 



Chapter 40. 

ORDER FOR THE SECRETARY TO INFORM THE GOVERNOUR OF 
THE CHOICE OF A MAJOR-GENERAL OF THE 9th DIVISION. 

Ordered, That the Secretary inform his Excellency the 
Governour, that the two branches of the Legislature, have 
in the manner prescribed by the Constitution, made choice 
oi John Ashley, jun. Esq. as Major-General of the ninth 
division of the Militia of this Commonwealth, in the room 
oi John Patterson, Esq. who has resigned. 

November 19, 1788. 



Chapter 41. 

RESOLVE ON THE PETITION OF NOAH HALL. 

On the petition of JSToah Hall setting forth that a judg- 
ment was obtained against him at a Su})renic Court holden 
at Taunton in & for the County of Bristol, on the Tues- 
day next proceeding the last Tuesday of October last past 
in favor of SetJt Williams as Administrator on the Estate 
of Seth Williams late deceased & praying for a new 
Trial — 



252 Resolves, 1788. — October Session. 

Resolved that the prayer of said Petition l^e so far 
granted that the said JSfoaJi Hall cause the adverse party 
to be notified fourteen Days previous to the second 
Wednesday of the next sitting of the General Court, l)y 
serving him with an attested Copy of said petition and 
of this Resolve, to shew cause Avhy tlie prayer of said 
petition should not be granted and that Execution be 
stayed in the meantime. November 19^ 1788. 

Chapter 4*^. 

RESOLVE ON THE PETITION OF MOSES DAVIS & OTHERS, IN- 
HABITANTS OF THE TOWN OF ROXBURT, TO NOTIFY FEOF- 
FEES OF THE FREE SCHOOL, AND THE TRUSTEES OF THE 
ESTATE OF MR. THOMAS BELL, TO SHEW CAUSE. 

On the petition of Moses Davis and others, Inha])itants 
of the town of Hoxburt/, representing "that in consi- 
quence of the management of the Revenues & Incomes of 
the Free Grammar School in said town of lioxburi/, being 
devolved on two bodies of Men, denominated Feoffees and 
Trustees, the several Acts of the Legislature, relative to 
said School, are found to be inadequate to the good pur- 
poses intended liy them, and attended with many incon- 
veniences, and require the interposition of tliis Court," and 
praying, " that all the Laws heretofore made relating to the 
said School may be repealed, and to incorporate a compe- 
tent number of persons, for the purpose of carrying the 
benevolent desii^n of their virtuous Ancestors into effect." 

Ordered, that the petitioners Notify the Feoffees of the 
Free School and the Trustees of the Estate of Mr Thomas 
Bell, to appear on the second Wednesday of the next sit- 
ting of the General Court, and shew cause, if any they 
may have, why the prayer of said petition should not be 
granted, by serving them respectively, with an attested 
coppy of the said petition with this order thereon, fifteen 
days at least previous to the said day. 

November 19, 1788. 

Chapter 43. 

RESOLVE ON THE PETITION OF SETH PRATT, CONFIRMING THE 
ESTATE MENTIONED. 

On the petition of Seth Pratt of Easton, in the County 
of Bristol Yeoman — setting forth that he recovered judg- 
ment at a Court of Common Pleas holden at Taunton in 



Resolves, 1788. — October Session. 253 

& for said County of Bristol on the third tuesday of De- 
cember in the year of our Lord seventeen hundred & 
eighty five, against Elkanah Leonard of Middleborour/h 
in the County of Pli/moutli for the sum of one Jiundred & 
ten pounds three shilUngs & sixpence Damage & forty two 
shillings & six jyence costs of suit, on which judgment he 
purehas'd out of the Clerk's office of tlie court aforesaid 
his writ of execution returnable to the Court of Common 
Pleas then next to be holden at Taunton aforesaid within 
& for said County on the second tuesday of March in the 
year of our Lord one thousand seven hundred & eighty 
six, which writ of execution was levied in certain real 
estate of said Mkanah Leonard, and such real estate ap- 
praised oft' to him in satisfaction of said execution — but 
by some neglect or unskillfulness of the oflicer in the man- 
ner of appraising & setting oft" such real estate — the said 
Pratt is doubtful of his title to the estate set oft* to him in 
satisfaction of such execution — 

Be it there/ore Resolved, that the said writ of Execution 
& the return thereon made be rendered as valid in Law to 
vest in said Setli Pratt, & his heirs an estate in fee simple 
of all the real estate and priviledges, which were apprais'd 
& set oft" to him said 8eth Pratt to satisfy said execution, 
and which estate and priviledges are described on the l)ack 
of said execution, as tho' all the requisitions had been 
complied with, which are rendered necessary by an Act 
entitled, An Act directing the issuing, extending and serv- 
ing of Executions. November 19, 1788. 

Chapter 44. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF 
NANTUCKET. 

Upon the Petition of the Inha])itants of JV^antuckett,>^et- 
ting forth the difiiculties they are under in prosecuting the 
internal aftairs of the Town, by reason of a Resolve passed 
the General Court dated the 10th March 1787, requiring 
a Test of certain Town Officers &c. & praying releif 
therefrom. 

Resolved that the Prayer of said Petition be granted, & 
that all denominations of Christians whatsoever, conscien- 
tiously scrupulous of taking Oaths, be excused from tak- 
ing & subscribing the Oath in said Resolve contained & 
from every part thereof, Provided, instead of said Oath 



254 Resolves, 1788. ~ October Session. 

or Test, they make use of the following affirmation. " I 
A B do affirm that I will be true & foithfull to the Com- 
mon Wealth of Massaclmseits, and that I will not directly 
or indirectly, do any act or thing prejudicial or injurious 
to the Constitution or Government thereof on the pains 
and penalty of perjury. November 19, 1788. 



Chapter 45. 

RESOLVE ON THE PETITION OF JOHN DAVIS, ADMINISTRATOR 
OF SA'MUEL HARLOW, DECEASED. 

On the petition of John Davis, administrator on the 
Estate of Samuell Harloio deceased unadministered l)y 
Mary Ilarloio Executrix of the last Will and testament 
of said Deceased praying to be empowered in his said ca- 
pacity to demand, sue for, and recover the Sum due on 
a certain note of hand, given March 14th, Anno Domini 
1771 by Theophilus Cotton Esqr. Deceased to the Said 
Mary Harioiv for a bal lance due from said Cotton to said 
Estate as set forth in said petition : 

Resolved That the prayer of said petition be granted 
and that the said John Davis be and he hereby is empow- 
ered in his said ca})acity to commence an action against 
the Executors of the last will and testament of said The- 
ophilus on the note aforesaid in any Court proper to try 
the Same and the same action to pursue to final Judgment 
and Execution to and for the use and benefit of the Estate 
of said Samuell TIarlovi deceased — and the same pro- 
ceedings shall be had thereon as if the note aforesaid had 
been given to the said Samuell Harlow any law usage or 
custom to the contrary notwithstanding. 

November 10, 1788. 



Chapter 46. 

RESOLVE ON THE PETITION OF JEAl^ LAUGHTON. 

On the Pitetion of Jean Laughton of JSTortoichwalk in 
the countiy of Lincoln praying to l)e em[)owered to make 
sale of a Lot of Land. 

Whereas it appears to this Court yt JoJin Laughton did 
in his life Time agree with Amos Adams &, Uzzial Withee 
both of ye aforesaid Town & County to sell & conve}^ 
unto ye said Amos & Uzzial a Lot of Land scituate in 



Resolves, 1788. — October Session. 255 



JVbrridg^calk, in the County of Lincoln, mark'd & known 
by the Letter I. in Thomas Farrington's Plan of Said 
Town for which a consideral)le Part of ye Payment was 
made. But ye said JoJin Lmu/Jdon being prevented by 
death from making a deed and Jean Laughton Widow 
Relict of sd JoJin together wntli sd Amos Adams & Uzzial 
Wit/tee having petitioned ye generall Court to give Aid in 
the comjiletion of ye said Bargain & sale : 

Resolved That the said Jean Laugldon Widow Relict 
of sd John be empowered to make & execute to ye sd 
amos Adams and JJzial Wifhee a deed of Bargain & sale 
of ye aforementioned Lot of Land in fee simple & that 
any deed thereof made and executed l)y ye sd Jean shall 
l)e good & effectual in Law to pass ye Same as any deed 
made by the sd Joh7i Laughton in his life Time could 
have been. November 19, 1788. 



Chapter 47. 

RESOLVE ON THE PETITION OF ELIAS BASKET DERBY, ESQ. 

On the Petition of Elias Hasket Derby, Esqr. for rea- 
sons therein set forth — 

Resolved that the Petitioner be & he is hereby permitted 
to land the Iron and Steel imported in his Ship called the 
Astrea, in Order to repair the said Vessel and that the 
Petitioner shall not be held or obliged to pay any Impost 
duty on said Articles provided the same shall l)e landed 
under the Inspection of the Naval Officer of the Port of 
Salem & shall remain under his Custody untill the said 
Articles shall be rcshipped for Exportation. 

November IV, 1788. 



Chapter 48. 

resolVe empowering the treasurer to borrow monies, 
to pay the members of the general court, & other 
officers of government. 

Resolved that the Treasurer of this Commonwealth l)e, 
and he is hereby impowered & directed to liorrow on the 
Credit of the first Monies which shall be received into the 
Treasury upon the Tax granted the last Session of the last 
General Court called Tax No. G not already appropriated, 
also upon the first Monies which shall come into the Treas- 



256 Resolves, 1788. — October Session. 

ury froDi an Act passed the thirty first day of Marcli last, 
for the })ui'pose of Raising a Publick revenue by Excise 
not ])efore appropriated And also upon the first Monies 
which shall come into the Treasury from the specie part 
of Two Acts passed the 17th Nov. 1786 for the purpose 
of raising a publick revenue l)y Impost & Excise not be- 
fore api)ropriated, a sum sufficient to pay his Excellency 
the Governor tivo hundred & seventy Jive j^ounds in part 
of his Salary for the present Year, And to the Members 
of the Honourable Council Senate & House of liepresenta- 
tives and the Clerks of both Houses for the Amount of 
their Travel & Attendance The present Session of the 
General Court, and also a Sum sufficient to pay to the 
Justices of the Supreme Judicial Court & the Attorney 
General, One hundred ponnds each. Also to the Members 
of the late Congress, & of the Convention which met at 
Philadelphia who attended agreeably to their appoint- 
ment, Oiie hundred pounds each, also Fifty pounds to 
each of the Members of the present Congress who shall 
attend the same, & Also to the Clerk of the Committee for 
methodising publick Aces, to the Messenger of the HonlJe. 
Council & to the Messenger of the General Court, thirty 
pounds each, &to the Clerk employd as an assistant at the 
Senate twenty pounds all of whom except those who shall 
receive Monies in discharge of Warrants to be Account- 
able for the several sums they may receive agreeably to 
this Resolution. November 19, 178S. 

Chapter 49. 

RESOLVE FOR ORGANIZING THE FEDERAL GOVERNMENT. 

Resolved That the Commonwealth be divided into eight 
districts for the purpose of choosing eight persons to rep- 
resent the people thereof in the Congress of the United 
States — Each district to choose one representative who 
shall be an inhabitant of such district and that the dis- 
tricts be as follows Viz — 

The County of Suffolk be one district. 

The County of Essex one district. 

The County of Middlesex one district. 

The Counties of Hampshire & Berkshire one district. 

The Counties of Plymouth & Barnstable one district. 

The Counties of York, Cumberland & Lincoln one 
District. 



Resolves, 1788. — Octobee Session. 257 

The Counties of Bristol Duke's County & Nantucket 
one district. 

The County of Worcester one district. 

And be it further Resolved That the Selectmen of the 
respective Towns & Districts in the several Districts before 
described shall in manner as the law directs for calling 
town meetings cause the inhabitants thereof, duly quali- 
fied, to vote for representatives to the General Court of 
this Commonwealth, to assemlile on Thursday the eight- 
eenth day of December next, to give in their votes for their 
respective Representatives to the Selectmen who shall pre- 
side at such meeting — And the Selectmen or the major 
part of them, shall, in open town meeting, sort and count 
the votes, and form a list of the persons voted for, with 
the number of votes for each person against his name ; and 
shall make a public declaration thereof in the said meet- 
ing — and shall in the presence of the inhabitants, seal up 
copies of the said list, and transmit the same to the office 
of the Secretary of the Commonwealth, on or before the 
first monday of Jany. next And the Clerk of each town 
and district, shall make & fairly transcribe in the Records 
thereof the list aforesaid, and the Secretary shall lay the 
same before his Excellency the Governor and the Council. 
And in case of an election for any district by a majority 
of all the votes returned, his Excellency the Governor is 
hereby requested forthwith to transmit to the person so 
chosen a Certificate thereof. And in case no person shall 
have a majority of votes, the Governor is hereby requested 
to cause precepts to issue accompanied with a certificate 
of the names of the two persons who had the greatest 
number of votes in the first return, to the Selectmen of 
the several towns & districts within the district for which 
no person shall have been chosen as aforesaid to assemble 
the inhabitants of thier respective towns and districts, 
qualified as aforesaid, on a day in such precept to be ap- 
pointed, to give in their votes, for a Representative, and 
the like proceedings shall be had thereon, as are herein 
liefore directed, and the Selectmen shall make return 
thereof in manner as aforesaid to the Secretary's office on 
or before a day in such precept to be prescribed — And the 
Secretary shall lay the same before the Governor and 
Council ; and in case any person shall have a majority as 
aforesaid, the Governor is requested forthwith to transmit 
to the person so chosen a Certificate thereof; And in case 



258 Resolves, 1788. — October Session. 

no person shall have a majority of votes, the Governor is 
requested to issue like precepts as often as the case may 
require. 

And be it further Resolved, That when the inhabitants 
of the several Towns & Districts qualified as aforesaid, 
shall be a8seml)led on the said eighteenth day of December 
next, they shall also give in thier votes for two persons 
who shall be inhabitants of the district in which such Town 
or District may be, as Candidates for an Elector of the 
President and Vice President of the United States — And 
a list of the votes so given in as aforesaid, shall by the 
Selectmen of the several Towns & Districts, or the major 
part of them be transmitted to the Secretary's office on or 
iDefore the first monday in January next — And on the 
Wednesday next following the General Court then in ses- 
sion, shall examine the said returns, and from the two who 
shall be found to have the greatest number of votes in 
each district, the members of the two Houses, assembled 
in one room shall by joint ballot elect one who shall be the 
Elector for the district to which he belongs — And in case, 
it should so happen, that more than two persons voted for 
as Electors should have an equality of votes among the 
highest voted for, then the members of the two Houses as 
aforesaid, shall out of such number choose the Elector. 
And if in any case the aforesaid Returns from a district 
shall not l)e received at the Secretary's office, on or before 
the first monday in January next, the memljers of the two 
houses of the Legislature shall on the first Wednesday of 
January next appoint some person, being an inhabitant 
of such district for an Elector of the President and Vice 
President. 

And be it further Resolved That the members of the two 
houses of the General Court shall in manner as aforesaid 
appoint at large two Electors for the President and Vice 
President, not voted for by the districts as aforesaid. 

And be it further Resolved That the said Electors be 
and they are hereby directed to meet on the first Wednes- 
day of February next at ten o clock in the forenoon at the 
State House in the Town of Boston for the purpose of vot- 
ing by ballot for two persons for President and Vice Presi- 
dent of the United States agreably to the Constitution of 
said United States, and that for thier travel and Attend- 
ance, they shall receive the same compensation as mem- 
bers of the Senate are entitled to. November 20, 1788. 



Resolves, 1788. — October Session. 259 



Chapter 50. 

RESOLVE GRANTING A TAX OF £600 TO BE APPORTIONED 
AND ASSESSED ON THE INHABITANTS IN THE COUNTY OF 
HAMPSHIRE. 

On the representation of the Court of general Sessions 
of the Peace for the County of Hampshire : 

Resolved That there be, and hereby is granted, a Tax 
of Six hundred j)Ounds to be apportioned and assessed on 
the Inhaliitants of the said County, & the Estates, lying 
within the same, to be collected, paid & applied for the 
use of said County, according to the laws of the Common- 
wealth. November 19, 1788. 



Chapter 51. 

RESOLVE PERMITTING CONSTABLES, COLLECTORS, SHERIFFS & 
OTHERS, FROM WHOM TAXES ARE DUE, PREVIOUS TO TAX 
NO. 4, TO PAY THE INDENTS THEY HAVE RECEIVED, INTO 
THE TREASURY ANY TIME PREVIOUS TO THE FIRST OF 
FEBRUARY NEXT, AND DIRECTING THE TREASURER TO 
RECEIVE THE SAME, WITH A PROVISO. 

Whereas An Act passed July ye 8th 1784 directing the 
Treasurer to receive continental Certificates to a certain 
amount under the Restrictions therein mentioned and it 
having appeared to the Genl. Court at their last Sitting, 
that Certificates had been received into the Treasury to 
the amount mentioned in the said Act, a resolution ac- 
cordingly passed June 20th, 1788 directing the Treasurer 
not to receive any more indents (in the said act called 
certificates) upon any tax prior to tax No. 5 — But no 
Provision was made in the said Resolve for authorizing 
the Treasurer to receive the said Certificates or Indents 
of such Constables Collectors and Sherifts as might have 
received them before the said Day or should not have 
come to the Knowledge of the said Resolve timely for a 
Compliance therewith : 

Therefore Resolved, That the Treasurer be and he is 
here])y directed to receive the said Certificates or Indents 
of any Constables, Collectors, or Sheriffs received in the 
Collection of Taxes by virtue of any Law or Resolve 
passed before the said Resolve of June 20, 1788 — and 
also such as w^ere received l)y them respectively before 
they had Knowledge of the passing of the said Resolution 



260 Kesolves, 1788. — October Session. 

Provided that the said Certificates or Indents be paid into 
the Treasury as aforesaid previous to the First Day of 
February next and provided also, that svich Constal)le 
Collector or Sheriff shall previously make Oath before the 
Treasurer or sojue Justice of the Peace that the said Cer- 
tificates or Indents were by them res}iectively received 
before the passing of the said Resolve of the 20th of June 
last, came to their Knowledge and if such Oath is taken 
before a Justice of the Peace, a Certificate thereof shall be 
exhibited to the Treasurer with the said Indents or Cer- 
tificates. And the said Sheriffs are directed to receive the 
said certificates or indents under like circumstances, of 
collectors and constables, provided, the same shall be 
offered to them before the fifteenth day of January next, 
and Provided also, that such Constable or Collector shall 
make oath as aforesaid, & the Treasurer is directed to re- 
ceive the same of such Sheriffs, if accompanied with a cer- 
tificate that such Collector or Constable has made oath as 
above mentioned. November 20, 1788. 



Chapter 52. 

RESOLVE DIRECTING THE TREASURER TO CALL ON JAMES 
BOIES, RICHARD CLARK, HUGH McLEAN, AND OTHERS, 
BEING PUBLIC DEFAULTERS. 

Resolved, that the Treasurer of this Commonwealth be 
and hereby is directed to call on James Boies and Bichard 
Clark to pay into the Treasury of this Commonwealth 
what there is due on a bond by them given to the late 
Treasurer of this then province dated January the 7th in 
the year of our Lord one thousand seven Iiundred and sixty 
four; and that the said Treasurer do likewise call on 
James Boies, Hugh McLean, Alexander Boies and John 
Boies to pay into the Treasury of this Commonwealth the 
money due on a Bond by them given to the Treasurer of 
this then Province dated January the thirteeth in the year 
of our Lord one thousand seven hundred and seventy three. 

And if the said James Boies and Bichard Clark and the 
said James Boies, Hugh McLean Alexander Boies and 
John Boies shall neglect to make payment of the respect- 
ive sums due on their respective bonds aforesaid with 
interest (from the expiration of the times they were re- 
spectively allowd by Government to pay the same, with- 
out interest) for the space of six months after the passing 



Resolves, 1788. — Ootobek Session. 261 

this resolve ; The Treasurer is hcrel)y directed to put said 
bonds in suit against said obligors respectively and the 
same to final Judgment and Execution prosecute. 

November 20, 17 8S. 



Chapter 53a.* 

RESOLVE ON THE rETITION OF JOHN B RADISH AND OTHERS. 

The Committee of Both Houses on the Petition of 
Jonathan Warner Esqr. & others ask leave to report the 
following Kesolve. 

Isaac Stearns Pr Order. 

Commonwealth of Massachusetts. 

On the petition oi John Bradish, Daniel Warner and 
Jonathan Warner esq setting forth that they are sued by 
the heirs of John Borland esq for the sum of Three hun- 
dred poiinds with interest for which sum they were bound 
for Timothy Buggies esq an Absentee ; that they had in 
their possession a mortgage of two farms lying in the town 
of Hardwick for their security : & that the General Court 
1)y their Kesolve oi April 27th 1779 directed their agents 
to sell said farms at public vendue & engaged to indemnify 
and save harmless the petitioners aforesaid & their heirs 
from their obligation to said Borland. 

Besolved that the prayer of the aforesaid petition be 
granted, & the Treasurer is hereby directed to pay to 
Oliver Smith Agent or Attorney to the heirs of said Bor- 
land, the sum oi Five hundred & ffty pounds 14/ in full 
discharge of the said bond out of the first money which 
shall come into the Treasury not approi)riated or other- 
wise to borrow said sum, & to rei)ay the same out of the 
first money which shall come into the Treasury not already 
api)ropriated. 

And be it further Resolved that there be allowed & paid 
as aforesaid to Jonathan Warner esq the sum of Eleven 
pounds four shillings &. jive pence in full for the cost which 
has arisen in consequence of a suit having conmienced 
against him. November 20, 1788. 

* Not printed in previous editions. 



262 Kesolves, 1788. — October Session. 



Chapter 53. 

RESOLVE ON THE PETITION OF BARTLET HINDS, ALLOWING 
HIM TO RECEIVE £8 TER MONTH. 

On the Petition of Bartlet Hinds an Invalid Lieut, do- 
ing Duty on Castle Island, Setting fortli that he was 
Called upon by his Excellency the Governour in July 
1786 to do Duty in that Garrison and that he complyd 
with that order and has done Duty on Said Island ever 
Since the 12th oi August following, praying for his wages 
for Said Service : 

Resolved that the prayer of the Petition be so far granted 
that he the said Hinds be intitled to Receive Eight x>ound 
pr. Month (including what he has Already Received) in 
the Same manner as the other Troops of the Said Garrison 
are paid. November 20, 17 S8. 



Chapter 54. 

RESOLVE ON THE PETITION OF MATUEW FORD AND DEBER- 
OUGH GILLFORD. 

On the Petition of Mathew Ford and Deberough Gill- 
ford, praying for a new Trial of an action by them 
commenced against Amasa Durivin: 

Ordered, that the Petitioners cause the said Amasa to 
be notified, l^y serving him with an attested copy of their 
said petition and of this order thereon at least twenty days 
before the second Wednesday of the next sitting of the 
general Court, to appear if he see cause, on that day, be- 
fore the said Court, and shew cause, if any he has, why 
the prayer of the said petition ought not to be granted. 

November 20, 1788. 

Chapter 55, 

RESOLVE ON THE PETITION OF PHILLIP GOODRIDGE AND 
OTHERS, CREDITORS TO THE ESTATE OF AARON WILLARD, 
TO NOTIFY JOHN TAYLOR AND JAMES RICHARDSON, AND 
THE ADMINISTRATORS OF THE ESTATE OF THE SAID WIL- 
LARD, TO SHEW CAUSE, &c. 

On the petition of Phillip Goodridge & others, creditors 
to the estate of Aaron Willard, & mentioned in a return 
of a commission of Insolvency on the said estate : 

Resolved that the said petitioners, or any one of them 



Resolves, 1788. — October Session. 263 

give notice to John Taylor of Douglas esq & Mr James 
Richardson of Bolton l)otli in the County of Worcester, and 
also to the administrator or administrators of the estate 
of the said Willard, by serving them with an attested 
copy, of the said petition, & of this resolve thereon and 
in case of the absence of any of them, l)y leaving sucli 
co})y at his or their last and usual place of abode, fourteen 
days at least before the second Wednesday of the next sit- 
ting of the General Court, that the said Taylor & Richard- 
son &> the said administrators may then appear & shew 
cause if any they have, why the prayer of the said petition 
should not be granted, & in the mean time all proceed- 
ings on the said commission of insolvency, & any suit 
which hath been or shall be bro't respecting the claims, or 
dividends allowed on the said commission, shall be stayed. 

November 20, 17 S8. 

Chapter 5G. 

RESOLVE APPOINTING A COMMITTEE TO RECEIVE PROPOSALS 
FOR COINING COPPER. 

Whereas it is expedient, that some new Measure should 
be adopted for rendering the Coinage of Copper in the 
Mint more advantageous to the Commonwealth — 

Resolved, that Cotton Tufts, Jonathan Mason & Samuel 
Breck, Esquire be a Committee to receive proposals from 
any Person or Persons who may offer to contract to carry 
on the Coinage of Copper within this Commonwealth, and 
to report such Propositions, with their opinion respecting 
the same, and what may be necessary further to be done, 
the whole to be laid before the General Court at their next 
sitting — 

And it is further Resolved, that the Governour and 
Council be, and hereby are requested to cause all the 
Copper now on hand to be coined as soon as may be ; and 
when compleated, to discharge all the persons now em- 
ployed in that business, untill the further order of this 
Court. November 22, 1788. 

Chapter 57. 

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF 
THE COUNTY OF LINCOLN, & GRANTING A TAX. 

Whereas it appears by the representation of the Jus- 
tices of the Court of General Sessions of the Peace for the 



264: Resolves, 1788. — Ootobbk Session. 

County oi Lincoln that the moneys granted and allowed hy 
the said Court were expended for such purposes as are 
authorized by Law. 

Resolved That the said accounts be alowed. 

and w^hereas it appears by the Estimate of the said 
Court of Generall Sessions of the Peace for the County 
aforesaid that the sum of Eight hundred and twenty jive 
pounds fifteen shillings and Eleven pence is necessary to 
be raised for defraying the charges of the said County the 
current year : 

Therefore Resolved that their be and hereby is granted 
a tax oi Eight hundred & Timnty five Pounds fifteen shil- 
lings and Eleven Pence to be apportioned and Assessed 
on the Polls and estates of the inhabitants of the County 
aforesaid and applyed to the use thereof according to the 
Laws of the Common Wealth. November 21^ 1788. 

Chapter 58. 

RESOLVE ON THE PETITION OF JONATHAN RICE, GRANTING 
HIM £10 FOR A WOUND RECEIVED IN THE SERVICE OF GOV- 
ERNMENT, & A PENSION OF £2 PER ANNUM. 

On the Petition of Jonathan Rice^ praying for an Allow- 
ance to be made him for a Wound he received at New 
Brantree while in the Service of Government. 

Resolvd that there ho, allowd and paid out of the 
Treasury of this Common Wealth to Jonathan Rice, of 
Worcester, in the County of Worcester, Ten pounds as a 
Compensation for his time and expence, while under the 
Care of his Surgion — Also a further Sum of Two pounds a 
year for the Injury he Suftered from a Musket ball in his 
right hand and right Arm while in the Service of Govern- 
ment in dislodging a party of Insirgents Collected at JSfew 
Brantree February 1787. — to Commence from the 1st 
March 1787, and to Continue till the further order of the 
General Court. November 21, 1788. 

Chapter 59. 

RESOLVE ON THE MEMORIAL OF ADAMS AND NOURSE, EMPOW- 
ERING THE TREASURER TO BORROW £1000 FOR THE PUR- 
POSES MENTIONED. 

Whereas Adams and JVburse, by memorial, have repre- 
sented to this Court that they are in very large advances 



Resolves, 1788. — October Session. 265 

per account of the Commonwealth — that notwithstanding 
the Resolve passed the 25th oi March 1788, in which they 
among other Creditors, were intended to be provided for, 
they have not as yet been able to obtain any Monies from 
the Treasury — and that unless some speedy relief is af- 
forded them they must be inevitably ruined — praying the 
consideration of the General Court : 

Resolved that the Treasurer of this Commonwealth be, 
& he hereby is empowered & directed to borrow the sum 
of one thousand j^ounds especially for the purpose of pay- 
ing the same to the said Adams & JVbui'se taking their 
recei})ts therefor, they being accountable. 

And be it further Resolved, that the Sum of Qjie thou- 
sand jjounds borrowed as aforesaid be repaid in the manner 
prescribed in the resolve of March 25 1788 — wherein 
the same Sum is directed to be borrowed for the Printers 
to the General Court, and upon this Resolve being exe- 
cuted, the Resolve aforesaid as it respects the clause above 
refered to, shall be repealed. November 21, 1788. 

Chapter 60. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF BAKERS- 
TOWN, ABATING THEIR TAXES, PREVIOUS TO TAX No. 5. 

On the petition of the inhabitants of the Plantation 
called Bakerstown : 

Resolved for reasons set forth in the said petition, that 
the inhabitants of the i^lantation called Bakersloivn in the 
County of Cumberland, be & they hereby are abated all 
the taxes laid on them [)revious to tax No. 5, which re- 
main unpaid, amounting to Five hundred Sc fifty twopounds, 
sixteen shillings & eleven -pence, & the Treasurer is hereby 
directed to govern himself accordingly. 

November 21, 1788. 

Chapter 61. 

RESOLVE ON THE PETITION OV ZEBADIAH FISK COOK, GRANT TO. 

On the petition of Zehadiah Fisk Cook setting forth 
that the allowance made him on Roll No. 10 for taking 
care of Salmon Phillips a wounded man is insufficient and 
praying for a further allowance : 

Resolved — That there be allowed and paid out of the 
Treasury of this Commonwealth to Zebadiah Fisk Cook 



266 Resolves, 1788. — Octobek Session. 

the Sum of nine pounds which shall ])e in full of all 
demands the said Cook may have against this Common- 
wealth on the account aforesaid. November 21, 1788. 

Chapter G2. 

RESOLVE ON THE PETITION OF BILDAD FOWLER, ROGER BRAGG 
AND BILDAD FOWLER, JUN. EXTENDING A RESOLVE OF THE 
FIRST OF APRIL, 1788, TO THE PETITIONERS, WITH A PROVISO. 

On the i)etition of B'ddad Fowler, Roger Bragg, & Bil- 
dad Fowler junr. praying that the benefits of a Resolve 
which passed the General Court, in their favour, the first 
day oi April 1788, may be further extended to them. 

Resolved, That the prayer of the said Petition l)e 
granted, and that the Benefits of the said Resolve l)e 
extended to the Petitioners. Provided the said Bildad 
Fowler shall appear before the Supreme Judicial Court, 
next to be holden within & for the County o^ Hampshire, 
and that Execution on the default mentioned in the said 
Resolve be Stayed in the Meantime. 

November 21, 1788. 

Chapter 63. 

RESOLVE ON THE PETITION OF ISRAEL BULLOCK, GRANTING 
HIM £31 Is. IN NOTES. 

On the Petition of Israel Bullock, Preying for the sum 
which is due to him for wages & subsistence while in the 
Army of the United States it Being Paid on a Forged 
Order Notwithstanding, 

Resolved that ye Prayer of Said Petition l^e granted & 
that there be Paid Out of the Pu1)lick Treasury of this 
Common Wealth the sum of Thirty One Rounds one Shil- 
ling, to Israel Bullock in Specie Notes in full Compensa- 
tion for his Wages & subsistence as aflbrsaid the same 
Being Drawn by Daniel Pilshury by a Forged Order Not- 
withstanding. November 21, 1788. 

Chapter 64. 

RESOLVE ON THE PETITION OF MARK PICKARD. 

On the petition of Mark Pickard setting forth that a 
certain Bond was given to Benjamin Lincoln, junr. which 
ought to have been given to him in his capacity of Attor- 



Eesolves, 1788. — October Session. 267 



ney only and that said Lincoln died without assigning said 
Bond over to the principal or right owners thereof and 
praying that said Lincoln'' s executors may be authorised 
now to assign said Bond. 

Resolved that the prayer of said petition be granted, & 
that the said Executors of the Last will oi Beivja. Lincoln 
fFunr. Esqr. deceased l)e and they hereby are authorized 
to assign said bond to said Mark Pickard with power of 
Attorney, in their names but to his use to sue for & re- 
cover the monies due on said Bond & to discharge the 
same & that said executors ])e and they herel)y are indem- 
nified for so doing. November 21^ 1788. 

Chapter 65. 

RESOLVE ON THE TETITION OF JOHN SMITH, DECLARING NULL 
AND VOID A CERTAIN JUDGMENT. 

on the Petition of John Smith praying for relief from a 
certain Judgement recovered against him at a Court of 
Common Pleas held at Barnstable on the first Tuesday of 
JSFovemher 1787, by Shubael Lovill for reasons set Forth 
in the Said Petition, 

Resolved that the prayer of the Said Petition be 
Granted, and that the Said Judgement and any execution 
which may have been issued thereon, be, and hereby are 
declared null and void, upon this Condition that the Said 
John Smith enter the Said Action at the next Court of 
Common pleas to be holden in and for the Said County 
of Barnstable whereupon the same Proceedings shall be 
had on the Said action as if the same had Come into Said 
Court in the ordanary Course of law and Provided also 
that the Said JoJin Smith Serve the Said Shubael Lovill, 
with an attested Co})py of this resolve, fourteen dayes at 
least before the sitting of the Said Court. 

November 21, 1788. 

Chapter 66. 

RESOLVE ON THE PETITION OF CHARLES GOODRIDGE ESQ. 
ALLOWING HIM £235 id. IN FULL COMPENSATION FOR A 
GORE OF LAND, LYING ON THE WEST SIDE OF PITTSFIELD, 
AND ONE OTHER GORE, AND AUTHORIZING THE COMMITTEE 
FOR THE SALE OF UNAPPROPRIATED LANDS IN THIS CASE. 

On the petition of Charles Goodridge Esq. praying for 
a compensation for Lands heretofore granted by the late 



268 Resolves, 1788. — October Session. 

Province oi Massachusetts Bay, but as appears l)y the late 
settlement of the line of Jurisdiction now lying within the 
State of New York : 

Resolved that there be allow'd unto the said Charles 
Goodridge the sum of Two hundred and thirty five pounds 
and four pence in full compensation for a gore of land ly- 
ing on the west side of Pittsfield the whole length on the 
town One other gore, being part of a grant of Nine 
hundred & ninety one acres made to Jacob Gleason and 
others also One Other gore of forty acres granted to 
Ephraim Kyes. And the committee for the Sale of Unap- 
propriated Lands in the County of Berkshire are hereby 
authorized & rc<]uircd to set oft' by meets and bounds as 
nnicli unappro})riated Lands belonging to this Common- 
wealth as will in their Opinion be of equal Value with the 
Above Sum and in behalf of this Commonwealth to make 
and execute a good Deed of Sale of such lands accordingly 
and thereu})on to take a receipt of the Said Gharls in full 
of his demands on this Comonwealth. 

Novem})e.r 22,1788, 

Chapter 67. 

RESOLVE ON THE PETITION OF PAVL PINKHAM, GRANT TO, 

Resolved that the prayer of the petition be so far Granted 
that there be allowed and paid out of the public Treasury, 
unto Captain Paid Piiikham the sum of Eleven pounds 
out of the money called the Light money to be applyed 
for the purpose of purchasing a boat for the use of the 
Light House on Nantucket. November 22, 1788. 

Chapter 68. 

RESOLVE ON THE PETITION OF MARTIN KINSLEY, GRANTING 
£20 TO SUNDRY PERSONS FOR SUPPORTING THE CHARGES 
OF IMPEACHMENT EXHIBITED AGAINST WILLIAM GREEN- 
LEAF ESQ. SHERIFF OF THE COUNTY OF WORCESTER. 

Resolved that their be paid out of the Treasury of this 
Commonwealth, to Martin Kinsley The Sum of Twenty 
pounds, being the Amount of monies advanced by him to 
sundry Persons the present Sessions for their Travel & 
Attendance, as Witnesses & for supporting the Articles 
of Impeachment exhibited against William Greenleaf ^ii({. 
Sheriff of the County of Worcester. November 22,1788. 



Resolves, 1788. — October Session. 269 

Chapter 69. 

RESOLVE ON THE PETITION OF JOHN HUGHES, GRANT TO. 

On the Petition of John Hughes setting forth that he 
served in Lt. Colo. William Lymans late detachment 
from the twenty fourth day oi June 1787 to the thirteenth 
day of August following for which he was not included in 
any Pay-Roil and has not Received any pay — 

Resolved that there be paid to the said John Hughes out 
of the public Treasury of this Commonwealth the sum of 
Three pounds EigJit Shillings in full for his services as 
aforesaid. . November 22, 1788. 

Chapter 70. 

RESOLVE ON THE PETITION OF JOHN BROWN, DECLARING NULL 
AND VOID A CERTAIN JUDGMENT, & PERMITTING JOAB 
BRAGG, OR ENOCH BABCOCK, HIS ATTORNEY, TO ENTER 
SAID ACTION MENTIONED. 

on the Petition of John Broivn praying for relief from 
a Certain Judgement recovered against him by nonappear- 
ance before Percival Hall Esqr. one of the Justices of the 
peace for the County of Worcester; on the nineteenth day 
of November 1787, by Joah Bragg of Kingsbury in the 
County of Albany and State of ne?y york yeoman ; for 
reasons set forth in said Petition. 

Resolved that the prayer of said Petition be granted, 
and that the said Judgement and any execution which may 
have been Issued thereon, be and hereby are declared null 
and void, and that the said Joab Bragg or Enoch Babcock 
his Attorney may enter said action, at the next Court of 
Common pleas to be holden in and for the County of 
Worcester, and the same Proceedings shall be had thereon 
as if the same had come before the said Court in the orden- 
ary Course of law. Provided the said Jolin Brown serve 
the said Joab Bragg or Enoch Babcock his Attorney with 
an attested Coppy of this resolve, fourteen dayes before the 
next sitting of the said Court. November 22, 1788. 

Chapter 71. 

RESOLVE GRANTING A TAX OF £300 FOR DEFRAYING THE 
CHARGES OF THE COUNTY OF PLYMOUTH. 

Whereas it appears from an estimate from the Justices 
of the Court of General Sessions of the Peace for the 



270 Resolves, 1788. — October Session. 

County of Plymouth, that the Sum of three hundred 
pounds will be necessary for defraying the Charges of that 
County, for the year 1788 — Therefore 

Resolved — That there be and hereby is granted a tax 
of three hundred j^ounds to be apportioned and assessed 
on the inhabitants of said County, and the estates lying 
within the same, and collected, paid, and applied for the 
use of said County accoi'ding to the Laws of this Common- 
wealth. November 22, 1788. 



Chapter 72.* 

RESOLVE ON THE PETITION OF GIDEON WILLIAMS, TO NOTIFY 
THE ADVERSE PARTY TO SHEW CAUSE, &c. AND STAYING 
EXECUTION. 

On the petition of Gideon Williams, praying for a re- 
hearing in a judgment recovered against him by jSatnuel 
Fales, at the supreme Judicial Court, held at Taunton, 
for the County of Bristol : — 

Resolved, that the said Gideon Williams, notify the said 
Samuel Fales, by serving him with an attested copy of 
his petition, and of this order thereon, fourteen days 
before the second Wednesday of the next sitting of the 
General Court, then to shew cause, if any there be, why 
the prayer of said petition should not be granted, and that 
execution be stayed in the mean time. 

November 22, 1788. 



Chapter 73. 

RESOLVE REQUESTING THE GOVERNOUR AVITH ADVICE OF 
COUNCIL, TO DESIST FROM REINFORCING THE GARRISON ON 
CASTLE ISLAND, WITH INVALIDS, & TO GIVE ORDERS TO 
THOSE NOW THERE, TO RETIRE, HOLDING THEIR PENSIONS. 

Resolved, That his Excellency the Governour, with the 
advice of Council be, and He is hereby requested, to desist 
from reinforcing the Garrison on Castle Island, with In- 
valids ; and to give order that those who are now there 
should retire, holding their pensions as before ; any Law 
or Resolve to the Contrary Notwithstanding. 

November 22, 1788. 

* Taken from court record. 



Kesolves, 1788. — October Session. 271 



Chapter 74. 

RESOLVE ON THE PETITION OF THE PLANTATION CALLED ROT- 
ALSBOROUGH, REMITTING THE TAXES, NO. 2 AND 3, AND 
APPLYING TAXES, NO. 4, AND 5, WITH A PROVISO. 

On the Petition of the Phmtation called Royalshorough : 

Resolved For rcsons set forth in sd. Petition that the 
Taxes No. two & three charged on said Plantation be re- 
mitted and Discharged — That the Taxes 4 & 5 be by them 
Collected and applied to the making and repairing Roads 
and Bridges in said Plantation at the rate oi four shillings 
a Day for Mens Labour and three shillinr/s for Oxen. 

Provided nevertJieless that in case the foregoing Reso- 
lution be not carried into Effect and a certificate thereof 
subscribed by the Assessors on oath produced to the 
Treasurer of the Common Wealth on or before the last 
day of Jidy next in that Case the sd. Taxes No. 4 and 5 or 
such part thereof as shall not be apply'd to the purpose 
afforesd shall be paid into the Treasury of this Common 
Wealth. 

Resolved that the Petitioners have Leave to bring in a 
Bill to Incorporate sd. Plantation into a Town. 

November 22, 1788. 

Chapter 75. 

RESOLVE REQUESTING THE GOVERNOR, WITH ADVICE OF 
COUNCIL TO COLLECT THE ACCOUNTS OF THE SEVERAL 
SUMS, THAT HAVE BEEN ADVANCED TO INVALIDS, & FOR- 
WARD THEM WITH PROPER VOUCHERS TO THE BOARD OF 
TREASURY, IN ORDER THAT THE COMMONWEALTH MAY BE 
CREDITED THEREFOR. 

Resolved, that the Governor with the advice of Council 
be requested as soon as circumstances will permit, to col- 
lect the accounts of the several sums that have by this 
State been advanced to Invalids, & forward them with the 
proper vouchers to the board of Treasury in order that 
the Commonwealth may be credited therefor. 

November 22, 1788. 

Chapter 76. 

RESOLVE ON THE PETITION OF JOHN JENNINGS, PERMITTING 
HIM TO PAY A CERTAIN SUM IN CONSOLIDATED NOTES. 

On the Petetion of John Jennings in Behalf of the In- 
habitants of the Town of Ludlow praying that the Sum of 



272 - Resolves, 1788. — October Session. 

Thirty three pounds & 6d which is Due from the Said 
Town on the new Emission Tax may be abated. 

Resolved that the Said Town of Ludlow be and they 
hereby are Permitted to pay into the Treasury the said 
Sum of thirty three Pounds & Six pence in Consolidated 
Notes of this Commonwealth, in Full Discharge of the said 
Sum due from sd. Town, in New Emission Bills & the 
Treasurer is Directed to govern himself accordingly. 

November 22, 1788. 

Chapter 77. 

RESOLVE DIRECTING THE TREASURER NOT TO DRAW ANY 
MORE ORDERS ON TAXES, PRIOR TO TAX NO. 5. 

Resolved that the Treasurer be and he is hereby directed 
not to draw any more orders on taxes prior to Tax No 5. 

November 22, 1788. 

Chapter 78. 

RESOLVE ON THE PETITION OF SARAH WALDO. 

On the memorial of Sarah Waldo : 

Resolved, That upon the sd. Sarah Waldo's advancing 
& paying such of the taxes in the lists of Wm. Porterjield & 
others collectors of taxes in the towns of Falmouth and 
Portland in the county of Cumberland, as were assessed 
upon the lands purchased l)y her on the fourth of July 
A. D. 1785, of the Comittee for ye sale of Confiscated 
estates in the sd. county & which have been sold by the 
sd. Collectors, for payment of taxes, with the necessary 
charges arising by means of the sales thereof, she shall be 
allowed the same by this Comonwealth. 

Provided that the same taxes were assessed previous to 
her said purchase, & the same be so certified by a major 
part of the assessors for the sd. Town of Falmouth. 

November 22, 1788. 

Chapter 79. 

RESOLVE ON THE PETITION OF WILLIAM HUNT, IN BEHALF 
OF GILBERT BENCH, DECLARING NULL A CERTAIN JUDG- 
MENT, & PERMITTING GEORGE FECREM, TO ENTER THE 
ACTION MENTIONED. 

on the Petition of William Hunt in behalf of Gilbert 
Bench praying for relief from a Certain Judgement recov- 



Resolves, 1788. — October Session^. 273 

ered against said Dench by non appearance, before Wil- 
liam Hull Esqr a Justice of the peace for the County of 
middlesex, on the twenty sixth day of may last Past ; by 
George Fechem of JSfe^cton ; for reasons set forth in said 
petition. 

Resolved that the prayer of said Petition be Granted, 
and that the said Judgement, and any Execution that may 
have been Issued thereon, be and hereliy are declared null 
and void, and that the said George Fechem may enter said 
action at the next Court of Common pleas to be holden in 
and for the County of middlesex, and the same Proceed- 
ings had thereon, as if the same had come before the said 
Court, in the ordenary Course of law ; Provided that the 
said Gilbert Dench notify the said George Fechem by 
serving him with an Attested coppy of this Resolve four- 
teen dayes before the next sitting of the said Court. 

November 22, 1788. 

Cluapter 80. 

RESOLVE FOR EXPLAINING A CLAUSE OF AN ACT PASSED THE 
20th of JUNE LAST, RENDERING VALID A RELEASE OF HIS 
OR HER RIGHT IN SUCH LOT, AND DIRECTING THE SECRE- 
TARY IN THIS CASE. AND ENTITLING ALL THE PROPRIE- 
TORS IN THE LOTTERY TOWNSHIPS, WHO SHALL MAKE AN 
EXCHANGE, TO THE SAME PRIVILEGES AS THEY WOULD 
HAVE BEEN ENTITLED TO, IF NO SUCH EXCHANGE HAD 
BEEN MADE. 

Whereas doulits may arise concerning the true intent 
and meaning of the last enacting clause of an Act passed 
the twentieth of June 1788 entitled, "An Act to bring 
into the public treasury, the sum of one hundred & sixty 
three tlioumnd & two hundred pounds in Public Securities 
by a sale of a part of the eastern lands, & to establish a 
lottery for this purpose : " 

Resolved, that if any proprietor possessed of a ticket 
entitling him or her to a prize lot, shall on the back of the 
said ticket release his or her right in such lot in these 
w^ords viz — I do hereby release all my right, interest, & 
claim to the lot aforesaid to the Commonwealth of Massa- 
chusetts, or in words of the like import, it shall be consid- 
ered as a good release, according to the true intent & 
meaning of the said act, & shall be as valid & etiectual in 
Law for the purpose of conveying to the Commonwealth 
the land so released, as any deed of release, or quit claim, 
made in the usual form, duly executed & recorded accord- 



274 Eesolves, 1788. — October Session. 

ing to Law ; and the Secretary shall record such releases 
as shall be made as abovesaid. 

And it is further Resolved that all proprietors in the 
lottery townships, who shall pursuant to the said act, ex- 
change their lots for other lands in the lottery townships, 
shall be entitled to the same privileges, benefits, and ex- 
emptions, as they would have been entitled to, if no such 
exchange had ever been made. November 22, 1788. 

Chapter 81. 

RESOLVE EMPOWERING JOHN FESSENDEN, ESQ. TO EXHIBIT 
THE COMMONWEALTH'S CLAIM AGAINST THE ESTATE OF 
TIMOTHY RUGGLES, & DIRECTING THE COMMITTEE ON 
ABSENTEES ESTATES, IN THE COUNTY OF WORCESTER, TO 
SELL SAID ESTATE, NOT HERETOFORE DISPOSED OF. 

Resolved that Joh^i Fessenden Esqr. be appointed to 
appear in behalf of this Commonwealth, & exhil)it their 
claim on the Estate of Timothy Ruggles late of Hardrvick, 
Esqr, to the Judge of Probate for the County of Worces- 
ter, who is hereby empowered & directed to appoint Com- 
missioners to examine said claim, said Commissioners 
requiring such evidence of the justice of the said claim as 
shall give them full satisfaction thereof. 

Resolved that the Committee for the sale of Absentees 
estates in the County aforesaid, be and they hereby are 
directed to make sale of all the estate of the said Ruggles 
in the County of Worcester aforesaid, not heretofore dis- 
posed of, at such time, & in such manner as the Agents 
to the claims of Grafton Gardner esq. & others named in 
a resolve of the General Court passed in favour of said 
Gardner & others on the 25tli of November 1785 shall 
agree upon, as the most advantageous to the creditors 
Aforesaid ; and that said Conunittee be & hereby are di- 
rected to make returns of their doings as soon as may be 
(after the sale of said estate) to the General Court. 

November 22, 1788. 

Chapter 83. 

RESOLVE ON THE PETITION OF ISAAC STEARNS AND OTHERS, 
PROPRIETORS OF A PLANTATION, CALLED NEW SUN COOK, 
ALLOWING THEM FURTHER TIME TO COMPLEAT THE SET- 
TLEMENT REQUIRED. 

On the })etition of Isaac Stearns & others proprietors 
of a plantation called JSFew Suncook setting forth that the 



Resolves, 1788. — October Session^. 275 

time liDiitecl for settling said townsMp by a resolve of the 
General Court passed the 29th day of January 1784 is 
expired, &, praying that they may have a longer time al- 
lowed them to compleat the settlement of the number of 
families required by the grant of said township for reasons 
set forth in their petition : 

Resolved, that there be, & there hereby is allowed to 
the proprietors of the township called JSFeio Suncook lying 
on the easterly side of 8aco River, the further time of two 
years from February next to compleat the settlement of 
the number of families required by the grant of the town- 
ship, any Law or resolve to the contrary notwithstanding. 

November 24, 1788. 

Chapter 83. 

(ROLL NO. 13.) 

The Committee on Accounts have examined and passed 
upon the Accounts now presented, and find that the Sums 
reported, & set against the Towns and Persons hereafter 
named, are Due to them, and if allowed will be in full 
Discharge of the Accounts exhibited. 

Joseph Hosmer pr Order. • 

No. 1. To the Town of Dartmouth, for supi^orting Daniel 

Macoive?i, one of the States Poor, from Jtily 2d. 1788, £. s. d. 
to ye '27th of Octr. last 5 6 

No. 2. To the Town of Z>r«c^<<, for sujiporting and nurs- 
ing John Ha7icock, and Wife, States poor, & very help- 
less & ti'oublesonie, from ye 4tli of June last, to ye 
29tli of October, & to necessary cloathing, with ye 
DoctrsBill 27 5 1 

No. 3. To FAinicc Emerso7i, for her supporting a child 
of one John Aniey, a States Poor, from ye 17th of Jtme 
last to ye 11th of October 2 18 6 

No. 4. To Doctr. David Townsend, for Medicines and 
Attendance u])on the poor of ye Commonwealth, in ye 
Aims-House in ye Town of Boston, from the 15th of 
May 1787 to ye 15th of May 1788, in consequence of a 
Contract 120 

No. 5. To Lydia Boylstown, one of the Charlestown Poor, 
for her supi^oi't fi'om ye 10th of Novr, 1787, to ye 7th 
of June following. 9 

No. 0. To JoseiJi Siveetser, another of ye Charlestown 
Poor, for his support from the 10th of Novr, 1787, to 
ye 7tli of Jtme last 9 

No. 7. To Doctr. Daniel Coney, and Others, a Committee 
appointed to look out a Road from Kennebec River to 
Fenofiscot, for their Sei'vices & Expenditures in Sep- 
tember and October last 19 7 



276 Resolves, 1788. — October Session. 

No. 8. To the Town of Cape Elizabeth, foi- supporting 
Betty Carrel, a States Poor, from June 12th 17<S5 to £. s. d. 
March 18th 1788 25 1 

No. 9. To the Town of Maiden, for necessary Supplies 
afforded to John Martiti, & wife, States Poor, from je 
first of December 1787 to ye 14th of June 1788. . . 16 IG 

No. 10. To Thomas B. Wait, Portland, for Printing by 
Order of Government, from March 27th 1788, to ye 
twenty fifth of Sept last 30 12 6 

No. 11. To Elizth Johnson, for her own Board, and ye 
Board of Anna Raiid, ye Poor of Charlestown, from 
March 9th 1788 to ye 9th of Novr Instant. . . . 21 

No. 12. To the Town of Colraiti, for Boarding, and other 
Necessaries, afforded to Daniel McDugan, a States 
poor, from ye 30th of Octr 1787, to ye 31st of October, 
1788 13 10 

No. 13. To John Stutson, for an allowance made him by 
a Committee on Accounts for work done at ye Treas- 
urers House, but not jiaid, in ye year 1785, tho' an or- 
der was granted for that purpose, and now presented. 12 2 8 

No. 14. To John Austin of Charlestown, keeper of ye 
Magazine, for his Services from ye first of March last 
to ye fii'st of Novr. instant 4 16 

No. 15. To Ebenezer Titus for his Services, & his Assist- 
ants, in endeavouring to apprehend John Pratt, of 
Mansfield, in consequence of a ^V arrant from ye late 
Governour Boiodoin, in May, 1787 5 4 

No. 16. To Doctr. Tilley Rice Junr. for Visits and Medi- 
cines on account of tilley Gilbert a Soldier in Captn. 
Isaac Warners Company, in July 1787, sick when on 
Fourlough, . . . . . . . . . 1611 

No. 17. To ye Town of Hopkinton, for Bill paid Doctr. 
Stimson on account of John Eastlin, one of ye States 
Poor, and certified by Doctr. Stimson Novr. 3d, 1788 ; 
which Account was passed by a Physician of ye house, 9 12 

No. 18. To the Town of Lynn, for Boarding Richard 
Ilunneivell, an aged & infirm man, from ye 9th of 
June, 1788, to ye 1st of Novr. instant when he Died, 
& ye usual allowance for Funeral Charges ; one of 

Charlestown Pooi*. 11114 

To ye Board of his Daughter, aged 35, an infirm 
Woman ; & Mary Gibson aged 47, & exercised with 
Fits ; from ye 9th of June to ye 10th of Novr. instant; 
these Persons being also ye Poor of C/ifflWesto«'??,. . 14 17 

No. 19. To Adams & Nourse, Printers to ye Common- 
wealth, to their Account from June 18th. 1787, to May 
20th 1788 ; Resolves and Laws given in, . . ". 686 16 3 

No. 20. To John Clarke, Post-rider, for Services per- 
form VI by Order of General Shephard, from ye l7th 
of Jany. 1787, to ye 10th of February, 1788. . . 10 

No. 21. To (Samj^e^/yaAa's Account, Keeper of the Island 
Hospital, for Services & Supplies, allowed by ye Se- 
lectmen of Boston, from Jan. 25. 1787, to ye 25th of 
October, 1788, 40 17 2 

No. 22. To Timothy Jackson, Brigade Major, 3d Divi- 
sion, from ye 16th of Augt. 1787, to 30th of May 1788, 
includinjr all his Services 7 



Resolves, 1788. — October Session. 277 

No. 23. To ye Town of Charlcstown, for Supporting a 
large number of Poor of that Town, from ye 1st of 
March 178S, to the first of Octr. following, as \}<iv Ac- £. s. d. 
count given in 423 10 6 

No. 24. To ye Town of Weslon, for Boarding Lydia & 
Philadelphia Breed, ye Poor of Charlestown, from Ju7ie 
12th 1788, to .VotT. 10th 21 10 

No. 25. To John Deming, one of ye Committee for meth- 
odizing Accounts, for his Services from Octr. 1st 1787, 
to ye 1st of (Mr. 1788, 153 10 

No. 26. To John Austin for his Board, & ye Board of 
his Wife, both aged Persons, and ye Poor of Gharles- 
<o?<;«,- from Jz«ie 25th 1788, to ye 13th of iV^oi;/'. instant. 10 7 

No. 27. To Elizlh. T^emon, another of ye Chai'lestotvn 
Poor to an allowance for Board, from March 11th 
1788, to Novr. 12th, 7 

No. 28. To Elizth. Osborne, another of ye Poor of 
Charlestown, for Board from ye 14th of March, 1788, 
to ye 3d of Novr. instant 114 

No. 29. To Joseph Brown, for Services in Feby. 1787, by 
Order of General Titcomb 2 14 3 

No. 30. To Peter Boyer, for his Services as one of yo 
Committee for methodizing Accounts, from ye 1st of 
Octr. 1787 to ye 1st of Octr. 1788 155 3 6 

[No. 31, an item in favor of Josej)h Laughton, in the 
original is marked out] 

No. 32. To James Foster, Junr. a Clerk in ye Treasury 

office, from ye 1st of August to ye 15th of Novr. instant. 27 12 

No. 33. To Onesiphorus Tilestone, another Clerk, & for 

the same term. . . . . . . . . 27 12 

No. 34. To Nathaniel Foster, another, & for ye same 

term 27 12 

No 35 To Samuel Foster, for ye same Service, & the 

same term 27 12 

No. 36. To Constant Freeman, Clerk in said Office, to ye 

31st of Octr 23 14 

No. 37. To Samuel Colesworthy, another Clerk, to ye 

15th of Novr. instant 26 2 

No. 38. To the town of Acton, for Supporting John Ken- 
nedy & Wife, States Poor, from ye 12th of Septr. 1787 
to ye 12th of Se^nr. 1788 26 

No. 3D. To Lydia Hood, one of ye Poor of Charlestown, 

for her Board from Octr. 25th 1787 to Novr. 13th 1788. 21 2 

No. 40. To John Carter, for the Board of Mehetable 
Carter, from Jany 1st 1788, to ye 11th of Novr. in- 
stant, another of ye Charlestown Poor. . . . 115 

No. 41. To David Devens, for the Board of an old Negro 
Woman, another of Charlestown Poor, from Octr. 22 
1787 to Novr. 12th 1788 13 15 

No. 42. To Jonathan Smith, for ye Boai'd of Sarah 
Foivle, from Jany. 1st 1788, to Octr. 1st, another of ye 
Poor of Charlestown 15 12 

No. 43. To Samuel Whitney, Shubael Ilewes, & Bcnjn. 
Homans, for attending as Officei's ye Trial of William 
Greenleaf^sqr 5 8 

No. 44, To ye Town of Mendon, towards the Support 
of James Thompson, from ye 1st of Septr. 1787 to ye 
1st of Septr. 1788 17 3 6 



278 Resolves, 1788. — October Session. 

No. 45. To Joseph Sweetser, one of yo Charlestoioyi Poor, 
for his Board from June 8th 1788, to ye 8th of Novr. £. s. d. 
instant. 6 12 

No. 46. To Lydia Boylestoti, another of the Poor of 

Char'lestown, for her Board for ye same term . . 6 12 

No. 47. To Joseph CooUdge, for three Rheams of Pajier, 
delivered the late Treasurer Qm'dner in 1782 ; this 
Account being taken up by Order of both Houses. . 9 18 

No. 48. To Ezra Waldo Weld of Sx)ringjield to Printing 
Acts and Resolves of the General Coui't from June the 
25th, to Septr. ye 24th 1788 9 6 3 

£2049 19 7 

Read and accepted & thereupon Resolved that his Ex- 
cellency the Governor with the advice of Council be re- 
quested to issue his Warrant on the Treasury, for the 
payment of the several persons borne on this Roll the 
sums set against their names respectively, amounting in 
the whole to Tioo thousand and forty nine pounds nine- 
teen shillings and seven pence. November 24^ 1788. 

Chapter 84. 

RESOLVE RESPECTING CONFISCATED ESTATES OF PERSONS 
COMMONLY CALLED ABSENTEES. 

Whereas it is represented that there are in this Com- 
monwealth, certain estates late belonging to persons called 
Absentees which were duly confiscated, but no writ of 
habere facias possessionem has ever issued against them, 
& that some of such estates, have since been sold hy com- 
mittees appointed by the General Court for that purpose. 

Resolved that all the goods & chattels, rights & credits 
lands, tennements, and heriditaments of every kind belong- 
ing to any person called an absentee, against which judg- 
ment hath been obtained by due course of Law, that they 
be forfeited & escheat, enure and accrue to the benefit of 
this Government according to an act made & passed on 
the 30th day of April A. D. 1779 entitled "An Act for 
confiscating the estates of certain persons commonly called 
Absentees — " be taken, deemed, and adjudged, & are ac- 
cordingly herel)y declared to have been vested in the said 
Government, & that the said government lie deemed & 
adjudged by force of such judgment, obtained as aforesaid 
to have been in the real & actual seizin and possession of 
the same from & after the rendition of such judgment to 
all intents & purposes as tho a Writ of habere facias x>os- 



Resolves, 1788. — October Session. 279 

sessionem had been served on the same ; and that the title 
to all sueh estates as have been adjudged forfeited to the 
benefit of government as aforesaid, & whieh have been 
sold by order of the General Court, be & they hereby are 
ratified and confirmed to the l)argainee or feoffee, their 
heirs & assigns according to the tenor of their deed of the 
same ; a writ of habere facias possessionem respecting the 
same not having issued notwithstanding. 

November 24, 1788. 



Chapter 85, 

RESOLVE REQUESTING THE GOVERNOR AND COUNCIL TO TAKE 
COGNIZANCE OF THE MEMORIAL AND TAPERS RESPECTING 
JESSE LAWRENCE; TO INQUIRE INTO THE FACTS, &c. & TO 
GRANT COMPENSATION. 

Whereas his excellency the Governor with advice of 
Council, has laid before the General Court, the memorial 
of Jesse Laiorence a British subject residing in Nova 
Scotia, setting forth that he was a})[)ointed by that Gov- 
ernment to make his residence on the Isle of Sables, for 
the purpose of releiving any unhappy sutferers that might 
be cast on that inhospitable shore — And that he had been, 
l)lundered by certain persons inhabitants of this Common- 
wealth & finally obliged to leave his trust on the said 
Island — with a Resolve of Congress, and other papers on 
the sulrject : 

And Whereas his excellency the Governor with advice 
of Council has l)y his message of the 15th. current strongly 
recommended to the General Court to take into consid- 
eration the national importance of making immediate com- 
pensation to the said memorialist, & that such steps be 
taken as shall be necessary to support the dignity of the 
United States, & to prevent such violations of the Laws 
of nations in future. 

Resolved that his excellency the Governor with advice 
of Council, be & he hereby is empowered & requested, to 
take cognizance of the aforesaid memorial & pa})ers, & of 
the facts therein set forth, & to cause full enquiry to be 
made into the su1)ject, to cite any evidence, & the accused 
persons as they shall judge proper to answer the allega- 
tions contained in the said meuu)rial, & upon the appear- 
ance or default of them, or either of them, to make & 



280 Resolves, 1788. — October Session. 

execute such decree or decrees as the Laws of Nations, & 
of the Commonwealth require & permit and further to 
grant to the said JjCiwrence such compensation out of the 
Treasury for his losses & expences as they in their discre- 
tion, under consideration of all circumstances shall see fit 
— And in fine to do & act in the aljovementioned business 
as to them shall appear most proper consistent with the 
Law of Nations & of this CommonAvealth. 

November 21 , 1 78S. 



Chapter 86. 

RESOLVE GRANTING A TAX OF £1300, TO BE APPORTIONED ON THE 
POLLS AND ESTATES WITHIN THE COUNTY OF BERKSHIRE. 

Whereas it appears from an Estimate of the Justices of 
the Court of General Sessions of the peace for the County 
of BerJcshire that the sum of thirteen hundred pounds, is 
necessary, to Compleat the public Buildings that are now 
erecting in said County and to Discharge the other neces- 
sary Charges & expences of the Said County. 

Resolved that there be and there hereby is granted a tax 
of thirteen hundred pounds to be apportioned and assessed 
on the polls and estates within the Said County and Col- 
lected paid and applied for the use of the County aforesaid, 
agreeably to the Laws of this Commonwealth. 

November 24, 1788. 



Chapter 87. 

RESOLVE EMPOWERING FISHER AMES, ESQ. TO MAKE IMME- 
DIATE ENQUIRY TOUCHING ANY REAL ESTATE THAT MAY 
HAVE ESCHEATED AND ENURED TO THIS COMMONWEALTH, 
BY CONFISCATION, &c. 

Resolved that Fisher Ames Esqr. be and he hereby is 
authorised, empowered, & directed to make immediate en- 
quiry touching any real or personal estate, that may have 
escheated or enured to this Commonwealth ])y confisca- 
tion, forfeiture, defect of heirs at Law, or otherwise, & to 
take efiectual measures for the recovery of the same, & as 
often as any property real or personal shall be recovered 
to make report of the same to the General Court. 

November 24, 1788. 



Resolves, 1788. — October Session. 281 



Chapter 88. 

RESOLVE ON THE PETITION OF JOSEPH WILLARD AND OTH- 
ERS, TRUSTEES OF THE DONATION OF EDWARD HOPKINS 
ESQ. TO HARVARD COLLEGE AND THE GRAMMAR SCHOOL 
IN CAMBRIDGE, AUTHORIZING THE TRUSTEES TO NOTIFY, 
AND CALL OCCASIONAL MEETINGS. 

On the Petition of Joseph Willard & others Trustees of 
the Donation of Edward Hophins Es(j[. to Harvard Col- 
lege & the Granmiar School in Cambridge setting forth 
that by the decree of their Institution they can not call 
meetings of the trustees except by notice given from their 
treasurer, which, in case of his death or other accident, is 
inconvenient ; and praying for relief. 

Resolved that the prayer of said petition be granted and 
that the said Trustees or any two of them with the Presi- 
dent of Harvard College and their Successors in office be 
and they hereby are authorized at any time hereafter as 
occasion may rcfjuire to notify and call occasional meet- 
ings of the trustees of the aforesaid Donation other than 
the Statute meetings provided for in said decree which 
shall be deemed and held lawful and sufficient meetings to 
all intents and purposes as if called by notice from the 
treasurer of the said donation any thing in the aforesaid 
Decree notwithstanding. November 24, 1788. 

Chapter 89. 

RESOLVE ON THE PETITION OF JOSEPH HENDERSON, TO NOTIFY 
THE ADVERSE PARTY TO SHEW CAUSE, AND TO STAY EXE- 
CUTION IN THE MEAN TIME. 

On the petition of Joseph Henderson praying for a re- 
hearing in a judgment recovered against him by Charles 
Whitney at the Supreme Judicial Court held at Concord 
for the County of Middlesex on the ninth day of May 
1787 by adjournment from the first tuesday of the same 
May. 

Resolved that the petitioner notify William Hidl attor- 
ney to the said Whitney by serving him with an attested 
copy of his i)etition & of this Kesolve thereon fourteen 
days before the second Wednesday of the next sitting of 
the General Court, then to shew cause, if any he has why 
the prayer of the said petition should not be granted, & 
that in the mean time execution be stayed. 

November 24, 1788. 



282 Resolves, 1788. — October Session. 



Chapter 90. 

RESOLVE ON THE MEMORIAL OF THOMAS CHURCH, ESQ. NAVAL 
OFFICER FOR THE PORT OF DIGIITON, EMPOWERING HIM 
TO PREFER AND PROSECUTE A LIBEL FOR THE TRIAL OF 
THE JUSTICE OF A CERTAIN SEIZURE IN THE COUNTY OF 
SUFFOLK, AND AUTHORIZING THE COURTS OF LAW IN THE 
CASE. 

Upon the memorial of Thomas Church Esqr. Naval 
Officer for the Port of DigJiton .setting forth that he had 
seized the Brigantine Friendshij), with her tackle &c. and 
certain Articles of merchandize in said memorial enumer- 
ated, and praying for liberty to prefer and prosecute a 
Libel in the County of Suffolk to try the justice of said 
seizure for reasons alledged in said memorial. 

Resolved, That the prayer of said memorial be granted, 
and that said Thomas Church Esqr. l)e and he is hereby 
emjjowered to prefer and prosecute a lil^el for the trial of 
the justice of said seizure in the County of Suffolk, and 
the Courts of Law are authorised to take cognizance 
thereof to all intents and purposes in the same manner as 
if the aforesaid seizure had been made in the County of 
Suffolk, any law to the contrary notwithstanding. 

November 24, 1788. 

Chapter 01. 

RESOLVE DIRECTING THE TREASURER TO BORROW MONEY TO 
DISCHARGE WHAT MAY BE ALLOWED TO JESE LA WRENCE, 
BY THE GOVERNOR AND COUNCIL. 

Whereas ])y a Resolve passed by the General Court the 
present session thereof his Excellency the Governor with 
advice of Council was impower'd and requested to exam- 
ine the Claims ofJe.se Lawrence agreeably to his Petition, 
& to make such Compensation to the said Petitioner as 
his Circumstances should justify, but as no Provision is 
made in said Resolve whereby the Petitioner may receive 
the money that may l)e allowed as aforesaid. 

Therefore Resolved, That the Treasurer of this Com- 
monwealth l)e, & He is hereby Authorized & directed to 
borrow on the funds provided by a Resolution passed the 
present session of the General Court for the payment of 
the Members thereof & for other purposes therein men- 
tioned. The Sum which maybe allowed to the said Law- 
rence agreeably to the resolution refcred to as above. 

November 24, 1788. 



Resolves, 1788. — October Session. 283 



Chapter 92. 

RESOLVE ON THE PETITION OF LOAMMI BALDWIN, EMPOWER- 
ING THE TREASURER TO ISSUE NEW EXECUTIONS, IN THE 
STEAD OF THEM LOST. 

On the Petition of Loammi Baldivin Sheriff of the 
County of ^niddlesex Praying that two certain Execu- 
tions, mentioned in his Petition Avhich are now expired 
and not Satisfied may be revived. 

Resolved that the Treasurer of this Commonwealth be 
and he is lierel)y impoAvered to Issue two new Executions 
in the stead of those two Executions tliat were mislaid and 
are now Expired and not Satisfied as mentioned in his 
said petition. November 24, 1788. 

Chapter 93. 

RESOLVE ON THE PETITION OF JOSEPH ADAMS, AMMI CUTLER 
AND JEDVTHAN WILLINGTON, TO NOTIFY THE ADVERSE 
PARTY TO SHEW CAUSE &c. 

On the petition of Joseph Adams, Amnii Cutler, & 
Jedutlmn Willing ton, praying for a rehearing, in an action 
bro't against them by James Sidlivan esq. administrator 
upon the estate of the revd. Samuel GooTce, deed, for rea- 
sons set forth in their petition. 

Resolved that the prayer of the said Petition be so far 
granted that they the said Adams & others above named, 
be & they hereby are directed to serve James Sidlivan 
esq. with an attested copy of their petition, & this Resolve 
thereon, 14 days before the second Wednesday of the next 
Sitting of the General Court, that he may then ap})ear be- 
fore this Court & shew cause if any he hath why the 
prayer of the said petition should not be granted, & that 
execution in the mean time be stayed. 

November 24, 1788. 

Chapter 94. 

RESOLVE DIRECTING THE COMMISSARY GENERAL, TO SUPPLY 
SUCH OF THE NON-COMMISSIONED OFFICERS AND PRIVATE 
SOLDIERS, DOING DUTY ON CASTLE-ISLAND, AS MAY BE IN 
NEED, EACH WITH A BLANKET, SHOES, &c. 

Resolved that the Commissary General be and he hereby 
is directed to supply such of the Non-commissioned OflS- 
cers and private soldiers now doing duty on Castle- Island, 



284 Resolves, 1788. — October Session. 

as may be in need thereof, each with, a Bhmkett, pair of 
shoes & other small Articles of Cloathing, the same to be 
charged at the specie value thereof, and deducted from the 
pay of such non-commissioned Officer & private soldier 
so receiving the same. 

And it is farther resolved that said Soldiers while doing 
duty on said Castle- Island shall be, & they hereby are ex- 
empted from paying any PoU-Tax, while doing duty as 
aforesaid. November 24, 1788. 

Chapter 95. 

RESOLVE ESTABLISHING THE TAY OF THE COMMITTEE ON 

ACCOUNTS 

Resolved, that there be allowed and paid out of the 
Publick Treasury of this Commonwealth, in the same 
manner the Members of the General Court are paid, to 
the Committee appointed to pass accounts. Viz. to Honble 
Josepli Hosmer Esqr. the sum of tliree ijounds ten shillings 
and six j^ence, Honble Joseph B. Varimm Esqr. the sum 
of Three pounds ten shillings & sixpence, to John Carnes 
Esqr. the sum of Three pounds ten shillings & six pence, 
to Honble Seth Washburn Esqr. the sum of Three pounds 
ten shillings & six pence & to Mr. Thomas Davis the 
sum of three pounds ten shillings & six pence, amount- 
ing in the whole to the sum of Seventeen pounds twelve 
shillings & sixpence; which sums are in full for their ser- 
vices, respectively the last and present session over and 
above their pay as members of the General Court. And 
that there be allowed & paid in the same manner unto the 
honorable Eleazer Brooks, One pound twelve shillings & 
six pence, for five days service — and to the honorable 
Cotton Tufts esq, Two Pounds five shillings & six pence, 
for seven days service, on the Committee of finance in the 
last recess of the General Court. November 24, 1788. 



Chapter 96. 

RESOLVE ON THE PETITION OF SAMUEL COOPER, ESQ. AU- 
THORIZING THE TREASURER TO BORROW MONEY IN DIS- 
CHARGE OF A WARRANT. 

On the Memorial of Saml. Cooper : 
Resolved, that the Treasurer be and he hercl)y is au- 
thorized and directed to borrow in the same manner & 



Resolves, 1788. — October Session. 285 

upon the same funds which he is directed to by a Resolve 
of the 19th inst. for paying the members of the Genl. 
Court the sum of Fifty five pounds, for the purpose of 
discharging a Warrant drawn in favour of the said Saml. 
Cooper, by virtue of a Resolve which passed 29th. of 
March 1788. November 24, 1788. 



Chapter 97. 

RESOLVE REQUESTING THE GOVERNOR TO DIRECT THE COM- 
MISSARY GENERAL, TO DELIVER TO THE OFFICERS OF SUCH 
ARTILLERY CORPS, AS ARE ORGANIZED, AND NOT YET PRO- 
VIDED FOR, TWO IRON FIELD-PIECES. 

Resolved that his Excellency the Governor be requested 
to direct the Commissary General to deliver to the Offi- 
cers of such Artillery Corps, as are organized, & not 
already provided, two Iron four pounders, & Carriages 
proper for the same, for the Use of each Corps so defi- 
cient, & applying for the same, to be for ye Use of such 
Corps, till they can be better provided for. 

November 24, 1788. 



Chapter 98. 

RESOLVE DIRECTING THE TREASURER TO BORROW MONEY FOR 
INVALIDS, AND THE COMMISSARY GENERAL TO FURNISH 
THEM WITH RATIONS. 

Resolved that the Commissary General l)e and he is 
hereby directed to furnish each of the several Invalids 
who have lately done duty onCastle Island, and have been 
discharged therefrom with one day's Rations for every 
twelve miles they may have to travel to their respective 
homes for their subsistance, gratis, and that he supply such 
of them as shall choose to receive the same with one 
Blanket and one pair of Shoes, each, who shall be charged 
therefor at the current price to be deducted from their 
wages respectively. 

And it is frn'ther Resolved, that the Treasurer be, and he 
is here))y directed to l)orrow on the credit of the funds 
mentioned in the Resolve of the 19th. instant, monies suffi- 
cient to pay said Invalids tivelve shillings each, to be 
charged to them respectively on their pay Roll. 

November 24, 1788. 



286 Resolves, 1788. — October Sessioi^. 



Chapter 99. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF MONTGOMERY, APPOINTING JOHN HASTINGS AND NOAH 
GOODMAN, ESQ'RS. TO REPAIR TO THE TOWNS OF MONTGOM- 
ERY, WESTFIELD AND BLANDFORD, TO SETTLE THE BOUN- 
DARY LINE, AND REPORT. 

on the petition of the select men of the town of Mont- 
gomery : 

Resolved that John Hastiiir/s, Noalt Goodman & Wil- 
liam Pynchon Esquires be and hereljy are appointed a 
Committe to repair to the towns of montgomery Wesljield 
and Blandford to settle the boundary line bet^ven the said 
towns of montgomery Westfield and Blandford and make 
report to this Court as soon as may be, provided the said 
towns shall be at the expence thereof. 

November 24, 1788. 



Chapter 100. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF POW- 
NALBOROUGH. 

On the petition of divers of the Inhabitants of the Town 
of Pownalhoroiigh setting forth that their annual meeting 
in May last was illegally holden thro accident & that the 
Town officers there chosen in April last, omitted to take 
the oaths required by Law — And praying Relief: 

Resolved that the prayer of the said Petition be granted 
and that the doings of the Inhabitants of Pownalhorougli 
at said April & May meetings be & they hereby are con- 
firmed & rendered valid to all intents as if said meeting 
had been legally held. 

And it is further Resolved that the choice of every ofli- 
cer made as aforesaid with his doings in consequence of 
such choice be and they are hereby confirmed & rendered 
valid to all intents as if such officer had been duly qualified 
according to Law ; provided however every such officer 
who shall take the benefit of this Resolve shall by the first 
day of January next take the proper oath and qualify 
himself in the same way as he ought to have done when 
chosen into office. November 24, 1788. 



Resolves, 1788. — October Session. 287 



Chapter 101. 

RESOLVE IN FAVOUR OF JOHN AVERT, JUN, ESQ. GRANTING 
HIM £178 4s. FOR HIS SERVICES TO THE FIRST OF JUNE, 1788. 

Resolved that there be paid out of the pul)lick Treasury 
to John Avery, Jun. Esq. Secretary of this Common- 
wealth the sum of One hundred and seventy eight pounds, 
four Shillings, which, in addition to the Sum of Seventy 
onejmunds, Sixteen Shillings which he has received as fees 
in the Office to the 31 Day of March last; (l)eing the 
time when the Act Estal)lishing the fees for his Office 
passed), shall be in full for his Services from the 1st Day 
oi June 1787, to the first day oi June 1788. 

November 24, 1788. 



Chapter 103. 

GRANT OF £30 TO THE CLERKS OF THE SENATE AND HOUSE 
OF REPRESENTATIVES. 

Resolved, That there be allowed and paid out of the pub- 
lic Treasury of this Commonwealth, to Samuel Cooper 
Esqr., Clerk of the Senate, the Sum of Thirty Pounds, and 
to George Richards Minot Esqr. Clerk of the house of 
Representatives, the sum of Thirty Pounds, towards their 
Services in the General Court the present year, they to 
be accountable for the same respectively. 

November 24, 1788. 



Chapter 103. 

RESOLVE DIRECTING THE CLERK OF THE COURT OF COMMON 
PLEAS FOR THE COUNTY OF WORCESTER, TO RECEIVE THE 
RESOLVES MAKING PROVISION FOR THE ELECTION OF REPRE- 
SENTATIVES FOR THE CONGRESS OF THE UNITED STATES, 
AND FOR THE ELECTORS OF PRESIDENT AND VICE-PRESI- 
DENT, AND TRANSMIT THE SAME TO THE SEVERAL TOWNS 
IN THE SAID COUNTY. 

Whereas the office of sheriff for the County of Woi'ces- 
ter is vacant, and there is no officer in said County Au- 
thorized or directed to transmit to the several Towns in 
the said County the Resolves of the General Court mak- 
ing provision for the Election of Representatives of This 
Commonwealth in the Congress of the united States ; and 



288 Resolves, 1788. — October Session. 

for the appointment of Electors of President and vice 
president of tlie United States : 

Resolved That the Clerk of the Court of Common pleas 
for the said County of Worcester be and he hereliy is di- 
rected to receive the resolves aforesaid for the several 
Towns in the County of Woi^cester and to transmit the 
same to the clerks of the several Towns in the said County 
respectively, within the same Time as the sheriffs of the 
respective counties in this Commonwealth are directed 
to, and that sd. Clerk receive the same Compensation for 
his service therein as is allowed to the sheriffs for the 
same service. November 24^ 17 88. 



Chapter 104. 

REPORT OF A COMMITTEE, REQUESTING THE GOVERNOR WITH 
ADVICE OF COUNCIL, TO GIVE THE NECESSARY ORDERS THAT 
THE WIDOW AND CHILD OF PEAL, MENTIONED IN THE REV. 
MR. LITTLE'S LETTER, BE PROVIDED FOR, AND COMMENDING 
THE PRUDENCE AND GOOD CONDUCT OF THE REV. MR. 
LITTLE. 

The committee of l)oth Houses appointed to take into 
consideration the letter of the revd. Daniel Little of June 
16th 1788, with the papers accompanying, relative to his 
mission to the Penobscot tribe of Indians, have exam- 
ined the said letter & papers, & particularly the commis- 
sion & instructions to the said Mr. Little, and are of 
opinion, that he has executed the trust reposed in him, 
with fidelity, prudence, & judgment, which justly entitles 
him to the approbation, & high esteem of the General 
Court. And the committee are also of opinion that it will 
l)e of utility to the Commonwealth, that the Conference 
had by the said Mr. Little with the Indians at Penobscot 
be lodged in the Secretary's Office and there recorded. 

That the Governor with the advice of Council be re- 
quested to give the necessary orders that the widow & 
child of Peal mentioned in Mr. Little's letter No. 3 may 
be supplied with articles or provision, agreeably to the en- 
sra^ement of Mr. Little — which is submitted. 

Saml. Baker Pr. Order. 

In Senate Novemr. 21, 1788. Read and accepted, 
& his Excellency the Governor with the advice of Coun- 
cil, is requested to give the necessary Orders accordingly. 

November 24, 1788. 



Resolves, 1788. — October SESSio]sr. 289 



Chapter 105. 

GRANT OF £2r)2 8s. TO THE HON. SAMUEL A. OTIS, ESQ. IN FULL 
FOR HIS SERVICES AS A DELEGATE TO CONGRESS, TO THE 8th 
INSTANT. 

Whereas it appears by the Account exhibited 1)y the 
Hon1)le. Samuel A. Otis Esqr. that there is a Balhince due 
to hiui for his Services, deducting ye Sum he has received 
by a AA'arrant for that purpose. 

Resolved, That there be allowed and paid out of ye pub- 
lic Treasury of tliis Commonwealth, to the Honble. Sam- 
uel A. Otis Esqr. the Sum of Tioo Hundred & Jifiy two 
Pounds eight Shillings, it being in full for his Services as 
a Delegate to Couoress to the eighth of JVbvr. instant. 

Novemher 24, 1788. 



RESOLVES 



GENERAL COURT OF THE COMMONAVEALTH 
OF MASSACHUSETTS: 

TOGETHER WITH THE MESSAGES, &c. OF HIS EXCEL- 
LENCY THE GOVERNOUR TO THE SAID COURT: 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY EIGHTH DAY OF 
MAT, ANNO DOMINI, 1788; AND FROM THENCE CON- 
TINUED BY PROROGATION AND ADJOURNMENT, TO 
WEDNESDAY THE THIRTY FIRST DAY OF DECEMBER 
FOLLOWING. 



1788. — December Session. 
Chapter 1. 

RESOLVE ON THE PETITION OF NATHANIEL CLARK, DIRECT- 
ING THE TREASURER TO ISSUE ANOTHER NOTE, IN LIEU 
OF THE ONE LOST. 

On the Petition oi JSTcUhamd Clark Setting forth, that 
on the tilth of April, 17S7, His Dwelling House was con- 
sumed by Fire and with it a Consolidated Note No. 11688, 
issued from the Treasury in his Favour for the Sum of 
Seven Pounds Six Shillinc/s and Six Pence bearing Date 
February ye Ist. 1788 two years and Nine Months Inter- 
est having been endorsed thereon And praying that an- 
other Note of like Value may be granted to him : 

Resolved That the Treasurer of this Comonwealth be 
and He is hereby directed to issue in favour of the said 
JVcU/d. Clark one other Note of the like Date & Sum as the 
Note above specified, endorsing thereon Two years & nine 
Months Interest, He the said JVathaniel giving Bond to 
the said Treasurer with a sufficient Surety to indenmify & 
save harmless this Commonwealth from any Demands (in 
case any such should hereafter arise) on Account of the 
said Note, alledged to be burnt. January 1, 1789.* 

* Approved January 9, 1789. 



292 Eesolves, 1788. — Decp:mber Session. 



Ch.apter 2. 

RESOLVE ON THE PETITION OF ELIJAH REED, DIRECTING THE 
COMMITTEE FOR ABSENTEES ESTATES IN BRISTOL COUNTY 
TO RECEIVE THE SUM MENTIONED. 

On the Petition of Elijah Reed, Vvaymg that he may be 
allowed to discharge and satisfy a Judgment obtained 
against him in favour of Said Commonwealth, in the Con- 
solidated Notes of Said Commonwealth. 

Resolved that the Committee a])pointed for selling 
a])sentees Estates in the County of Bristol are hereby 
Ordered and directed to receive of the Said Elijah Reed, 
the Sum of One Hundred and Eleven pounds in the Con- 
solidated Notes of Said Commonwealth and to discharge 
the Said Elijah Reed therefor on Said Judgment — Pro- 
vided the Said Reed shall at the same time pay the Legal 
Costs of obtaining said Judgment in specie. 

January 1, 1789.* 



Chapter 3. 

RESOLVE ON THE PETITION OF MICAH LEONARD, PERMITTING 
HIM TO PAY INTO THE HANDS OF THE COMMITTEE FOR 
SELLING ABSENTEES ESTATES IN BRISTOL £69 6 8, AND AU- 
THORIZING THE COMMITTEE TO RECOVER THE SAME. 

On the Petition of Micah Leonard Praying that he may 
be allowed the Priveledge of dischargeing a Judgment ob- 
tained against him in Favour of this Commonwealth in the 
Consolidated notes of Said Commonwealth. 

Resolved for reasons in the said petition mentioned that 
the said Micah Leonard be permitted to pay into the 
hands of the committee for selling al)sentees Estates in 
the county oi Bristol, the Sum of Sixty nine jiounds Six 
shillings & eight pence in the consolidated notes of this 
commonwealth, and the Said Committee are herel)y Au- 
thorized and empowered to receive the same and to dis- 
charge the Said Micah Leonard for the same sum (so 
received) on the Judgement aforesaid, provided, the Said 
Micah shall pay the legal cost which has arisen in Obtain- 
ing said Judgment against him, in specie. 

January I, 1789.* 

* Approved January 9, 1789. 



Resolves, 1788. — December Session. 293 



Chapter 4. 

ON THE PETITION OF TITUS EOMAN, DECLARING NULL AND 
VOID, CERTAIN JUDGMENTS AND EXECUTIONS ISSUED 
THEREON UPON CONDITION. 

on the Petition of Titus Homan, praying for releaf from 
four Certain Judgements recovered against him before 
Isaac Stone Esqr. on the fifth day of August 178G, by 
Williain Wilson second of Barre in the County of 
Worcester yeoman, for reasons set forth in said Petition : 

Resolved that the said four Judgments and any execu- 
tions which may have been Issued thereon, be and hereby 
are declared null & void, upon the following conditions 
viz — that the said Titus Homan enter said actions at the 
next Court of Common pleas to be holden in & for the 
County of Worcester (whereupon the same proceedings 
shall be had on said actions as if the same had been 
brought to the same Court in the ordinary course of la>v) 
and that the said Titus Homan serve the said William 
Wilson with an attested Copy of this resolve fourteen 
days at least before the sitting of the same Court. 

January 2, 1789.* 

Chapter 5. 

RESOLVE ON THE PETITION OF SETH RETWOOD, EMPOWERING 
THE JUSTICES OF THE COURT OF GENERAL SESSIONS OF 
THE PEACE, FOR WORCESTER, TO PROCEED RELATIVE TO 
THE DAMAGES MENTIONED. 

Upon the Petition of Seih Heywood of Gardner in the 
County of Worcester, setting forth That in the month of 
March 17(S6 the Inhabitants of said Town accepted of a 
Road laid out by the Selectmen through his Land ; greatly 
to his Damage without making him any recompence 
therefor ; that the Court of general Sessions of the Peace 
in the County of Worcester which by Law was to have 
been held in September following, was prevented doing 
any Business by the Insurrection in said County whereby 
he was deprived of applying to said Court for his Dam- 
ages, within the Time l)y Law limitted, and praying for 
reliefe. 

Resolved That the Prayer of said Petition be so far 
granted as that the Justices of the Court of general Ses- 

* Approved January 2, 1789. 



294 Resolves, 1788. — December Session. 

sioiis of the Peace to be held at Worceste?' within and for 
the County of Worcestet^ in March next, he and they 
hereby are impowered upon application of the said /Seth 
Heywood; to proceed relative to sd. Damages, in the same 
way and manner, as they by Law might have done, in 
case application had been made to them within the Time 
l)y Law limitted, any law to the contrary notwithstanding. 

January 5, 1789.* 

Chapter 6. 

RESOLVE ON THE PEllTION OF MATTHEW KNIGHT, AUTHOR- 
IZING THE TREASURER IN THIS CASE. 

On the petition of Matthew Knight in behalf of himself, 
his brothers & sisters praying that the estate of Hannah 
Johnson late of Wobnrn in the County of Middlesex, 
deceased may be relinquish'd by this Commonwealth. 

Resolved that the prayer thereof l)e so far granted that 
the Treasurer of this Commonwealth be & he is hereby 
authorized & directed to pay to said Matthew Knight the 
])etitioner and the other heirs of Mattheiv Johnson the 
devisor of said estate to said Hannah Johnson, in equal 
degree, whatever sum or sums of money he hath already 
or may hereafter receive from Samuel Thompson Esquire 
administrator on the estate of said Hannah Johnson on 
account of said estate, upon said KnighCs giving bond with 
sufficient sureties to the judge of Probate for the County 
of Middlesex for payment of all the just debts due from 
said estate, and for the support of any domesticks of said 
family of Hannah Johnson, which may come to want & 
be unable to support themselves. January 5, 17S9.* 

Chapter 7. 

RESOLVE DIRECTING THE TREASURER, WITH RESPECT TO 
OBLIGATIONS. 

Resolved, that it shall be the duty of the Treasurer of 
this Commonwealth, in all cases, where he has been or 
shall be required to discharge any obligations which are 
due from this Commonwealth at the time of such Dis- 
charge, where it is not already made to receive & cancel 
such Obligation, and to file the same in his Office. 

January 5, 1789. 

* Approved January 9, 1789. 



Resolves, 1788. — December Session. 295 



Chapter 8. 

RESOLVE ON THE PETITION OF MICHAEL WENTWORTE, AU- 
THORIZING THE JUDGE OF PROBATE, FOR SUFFOLK, TO 
APPOINT COMMISSIONERS, TO EXAMINE THE CLAIM ON THE 
ESTATE OF THEOPHILUS LILLIE. 

On the Petition of Michael Wenttvorth praying that an 
order may pass the General Court authorising the Treas- 
urer to pay his demands against the estate of Theophilus 
Lillie, late an absentee, for reasons 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 Authorised and 
empowered on application, to appoint Commissioners to 
examine the Claim of Michael Weutworth on the afore- 
said Estate of Theophilus Lillle for the term of two 
months, from the time of their appointment, for the pur- 
pose aforesaid, at the expence of the said Weutworth, that 
he may have an opportunity to exhibit his Claim within 
the term before mentioned, any Law to the contrary not- 
withstanding. 

Resolved fur titer That there be allowed & paid to the 
said Wentworth, out of the publick Treasury, in Notes of 
the form of consolidated Notes so called, the amount of 
what may be found l^y the said Conmiissioners to be due 
to the said Wenttvorth upon his aforesaid Claim. 

January 6, 1789.* 



Cliapter 9. 

RESOLVE ON THE PETITION OF BENJAMIN WISER, EMPOWER- 
ING THE GUARDIANS OF THE GRAFTON INDIANS, TO MAKE 
SALE OF LAND MENTIONED. 

On the petition of Benjamin Wiser an Indian native — 
Resolved that the guardians of the Grafton Indians, be, 
& they hereby are empowered to make sale of Sixty two 
acres of hind in Grafton the property of Benjamin Wiser, 
(in addition to twenty acres ordered to be sold before,) 
for the most that it will fetch, at private sale, or public 
vendue, & to make & execute, a good deed or deeds 
thereof in their said capacity to the purchaser or pur- 
chasers & to appl}^ the proceeds of such sale to the bene- 
fit of the said Benjamin Wiser, they to be accountable for 
the same to the Genl. Court, January 6, 1789.* 



Approved January 9, 1789. 



296 Kesolves, 1788. — December Session. 



Chapter 10. 

RESOLVE RESPECTING ELECTORS. 

Be it resolved that eveiy citizen of this Commonwealth 
who shall not have been appointed an Elector of the presi- 
dent & vice president of the united states, for some district, 
and is not disqualified l)y the Constitution of the United 
States shall ])e considered as eligible for an Elector at 
large — any resolve to tlie contrary notwithstanding. 

January 6, 1789. 

Chapter 11. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF PROV- 
INCETOWN, ABATING £17 17 IN TAX No. 6, FOR REASONS 
MENTIONED, 

On the Petition of the Inhabitants of Province-Toivn 
praying to be released from Tax No. (5, assessed upon 
them for reasons set forth in their Petition. 

Whereas it is Represented to this Court, that the Inhabi- 
tants o^ Province-Town have by their Vigorous exertions 
been the means of saveing the Lives of many unfortunate 
persons, who have been cast on shore on the back of Caj^e- 
God, and have protected and saved the property of Mer- 
chants and Adventurers when their Vessels were Cast 
away and Stranded on that Shore ; and for the better 
encouragement of the said Inhalntants to use their utmost 
endeavours in future to relieve the unfortunate and dis- 
tressed in the like circumstances, also to enable them to 
Support their Minister in future : 

It is. Resolved, that the Inhabitants of the Town of 
Provincetoivn be Abated the Sum oi forty Seven pounds 
Seventeen shillings assessed on them in Tax No. G. And 
the Treasurer of this Commonwealth is hereby directed to 
Credit said Town accordingly. January 6, 1789 * 

Chapter 12. 

RESOLVE ON THE PETITION OF HANNAH M OS LET, RENDER- 
ING VALID, THE PROCEEDINGS OF THE SAID HANNAH, IN 
MAKING SALE OF THE REAL ESTATE, MENTIONED. 

On the Petition of Hannah 3Iosley of Westfield in the 
Qouwiy oi Hampshire, sole Exetrix to the last Will and 

* Approved January 9, 1789. 



Kesolves, 1788. — December Session. 297 

Testament of John JSlosley Es(|r. late of Wesffield Dc- 
ceasd — Praying that Iler IVoceedings relative to the sale 
of Lands be made Valid. 

Resolved that the prayer of the Petition be so far 
granted, that the })roceedings of the said Hannah in 
milking sale of the Peal Kstate of the said John Previous 
to her taking the Oath l)y law Required, be and are 
Rendered as valid as they would have been, if she had 
taken the Oath required by Law previously to such sale. 

January 7, 1789 * 

Chapter 13. 

RESOLVE ON THE TETITION OF DANIEL FISHER, EMPOWER- 
ING HIM TO ENTER THE ACTION OF THE COURT OF COM- 
MON FLEAS, HELD AT BOSTON, ON JANUARY INSTANT. 

On the petition o^ Daniel l^^isher fretting i'ovth that on 
the ninth day of December last, he caused service to be 
made of a writ, returnable before Fisher Ames Esquire, 
one of the Justices of the peace for the County of Suffolh, 
at his Dwelling house in Dedham in said County on Tues- 
day the twenty third day of the same December^ u})on the 
property of one Thomas Gardner of JSfeedham, in order 
to secure a considerable Debt, due to the said Daniel 
Fisher — but by reason of the said Justice being absent 
he lost the benefit of his suit; and praying for relief: 
and the said Gardner having been heard and consenting 
thereto, 

Resolved, That the said Daniel FisJier be and he is 
hereby empowered to enter his said action at the Court 
of Common Pleas held at Boston in said County on the 
first Tuesday of January instant, at any time during the 
term, and all proceedings thereon shall be held valid to 
all intents and purposes as fully as if the same action had 
been entered before the said Justice and had been brought 
to said Court of Conmion Pleas in the ordinary course ot 
Law. 

Provided the said Daniel Fisher serve the said Gliomas 
Gardner with an attested copy of this Resolve before the 
Entry of the same Action — and provided also that an}' 
attachment which may have been made on any other })roc- 
ess against the said Thomas Gardner shall not be efiected 
by the foregoing Resolution. January 7, 1789 * 

* Approved January 9, 1789. 



298 Resolves, 1788. — December Session. 



Chapter 14. 

RESOLVE ON THE PETITION OF MOSES HAMILTON, EMPOW- 
ERING THE JUSTICES OF THE COURT OF GENERAL SESSIONS, 
FOR WORCESTER, TO LICENCE HIM AS AN INNHOLDER. 

On the petition of Moses Hamilton praying that he may 
be licenced as an Innholder. 

Resolved, that the prayer of said petition l)e so far 
granted that the Justices of the Court of General Sessions 
of the Peace in and for the County of Worcester, at their 
next Term be & they hereby are empowered to licence 
Moses Hamilton of New Braintree as an Innholder, in the 
same manner they might have done at their last licence 
term, provided he had i)aid his Excise agreeably to Law. 

January 7, 1780.* 

Chapter 15. f 

[December Session, ch. 15, 1788.] 

Chapter 15 a. J 

ORDER ON THE PETITION OF JOHN WOODWAN AND OTHERS. 

On the petition of John Woodican and other.s inhabi- 
tants of the town o^ Lebanon, praying that they may l>e 
annexed to the town of C/iajileigh : — 

Ordered, that the petitioners notify the town of Lebanon 
by serving the Clerk of said town with an attested copy of 
their petition and of this order thereon thirty days l)efore 
the third Wednesday of the next sitting of the General 
Court, that the said town may shew cause, if any they 
have, why the prayer of the said ])etition should not be 
granted. January 8, 1789. 

Chapter 16. 

RESOLVE ON THE PETITION OF LEWIS DE MARESQUELLE, 
DIRECTING THE TREASURER TO PAY THE CONTENTS OF 
ONE OF HIS WARRANTS, AMOUNTING TO £-50, OUT OF THE 
FIRST MONIES HE SHALL RECEIVE INTO THE TREASURY. 

On the Petition of Lewis De Maresqnelle praying that 
Certain Warrants drawn on the Treasury in his favor may 
l)e paid. 

* Approved January 9, 1789. 

f Governor's message, see end of volume. 

X Not printed in previous editions. Taken from court record. 



Resolves, 1788. — December Session. 29!) 

Resolved that the Prayer of said Petition be so far 
granted, that there be paid out of the Treasury of this 
Common Wealth to the said Leivis the Contents of one of 
his said A\'arrants to ivit the sum oi Fifty pounds, out of 
the first Monies which may l)e received into tlie Treasury 
which are not ah'eady appropriated. January 9, 1789.* 

Chapter 17. 

RESOLVE PROVIDING FOR THE DUE RETURN OF VOTES, FOR 
REPRESENTATIVES TO THE CONGRESS OF THE UNITED 
STATES, 

Whereas further Provision is necessary for compleatiiig" 
the Election of persons to represent the Peoi)le of this 
Commonwealth in the Congress of the United States. 

Resolved, that the Selectmen of the several Towns & 
Districts to whom the Governor has issued or shall here- 
after issue his Precepts for calling a Meeting of the 
Inhabitants thereof to give in their ^^otes for a Repre- 
sentative in the Congress of the United States, shall within 
four days after such meeting return a list of such Votes to 
the Sheriff of the County in which the said towns & dis- 
tricts respectively lie, or otherwise shall make return of 
such Votes into the Secretary's office, on or before the 
day prescribed therefor in the said Precept — And it shall 
likewise be the duty of every Sheriff, seasonal)ly to deliver 
all precepts which are or shall be issued Ijy the Governor 
with advice of Council for compleating the election of 
Representatives in the Congress of the United States, & 
may be delivered to him to be dispersed, to the Selectmen 
to whom they are severally directed, and also to make re- 
turn of the list of votes to him committed into the Secre- 
tary's Office, on or before the day prescribed therefor in 
the said Precept, and every Sheriff who shall refuse or 
neglect to perform the duty which is herein required of 
him, shall for every offence forfeit & pay a sum not exceed- 
ing One hundred pounds, or less than three jjouiids. 

And it is further Resolved, that if any Selectmen or Town 
Clerk shall refuse or neglect to perform the duty required 
of them by this Resolve, & the Resolve of this Court for 
organizing the Federal Government, passed in November 
last, they shall for each & every Offence severally forfeit 

* Approved January 13, 1789. 



300 Resolves, 1788. — December Session. 

and pay a sum not exceeding twenty pounds nor less than 
three pounds — And it shall be the duty of the Attorney 
General to sue for and recover all such fines & forfeitures 
as shall be incurred by a breach of this Resolve, to the use 
of this Commonwealth. — And the Secretary is hereby 
directed to cause the foregoing Resolve -to be published in 
the Districts in which Elections are not compleated, as 
soon as may be. January 10, 1789.* 

Chapter 18. 

RESOLVE GRANTING A TAX OF £160 TO BE APPORTIONED AND 
ASSESSED ON THE INHABITANTS OF THE COUNTY OF 
BARNSTABLE, TO DEFRAY THE CHARGES OF SAID COUNTY. 

Whereas it appears from an Estimate of the Justices of 
the Court of (ieneral Sessions of the peace for the County 
of Bai'nstahle, that the sum of one hundred and Sixty 
pounds, will be necessary for defraying the Charges of 
said County for the present year. 

Therefore Resolved, that there be, and hereby is granted 
a Tax of one Jmndred and Sixty pounds, to 'oe apportioned 
and assessed on the Inhabitants of said County and the 
Estates lying within the same, and to be collected, paid 
and applied for the use of the said County, according to 
the Laws of the Commonwealth. January 10, 1789.-\ 

Chapter 19. 

RESOLVE ON THE PETITION OF EDWARD RAWSON, DECLAR- 
ING A CERTAIN ASSESSMENT TO BE VALID. 

Upon the Petition of Edvmrd Rmosou and others. 
Selectmen of the Town of Leicester setting forth that the 
Assessors for said Town in making out the Rate or Tax 
Bill for Tax No. Three did not proceed exactly according 
to Law & that in consequence thereof, simdry persons 
refuse to pay their part or proportion of said Tax assessed 
upon them as aforesaid. 

Resolved, for reasons set forth in said Petition that said 
Assessment is hereby declared to be good and valid & 
that the same proceedings may & shall be had thereon in 
coUectino; the Tax aforesaid as tho' it had been assessed 
agreeably to Law, any Error contained therein notAvith- 
standing. January 10, 1789.1 

* Approved January 13, 1789. t Approved January 14, 1789. 

t Approved January 20, 1789. 



Resolves, 1788. — December Session. 301 



Chapter 20. 

RESOLVE ON THE TETITION OF JOnX AVERY, JUN. IN BEHALF 
OF MRS. ELIZABETH CHASE, AUTHORIZING THE JUDGE OF 
PROBATE TO MAKE A NEW COMMISSION TO THE COMMIS- 
SIONERS APPOINTED TO EXAMINE THE CLAIMS AGAINST 
THE ESTATE OF HER LATE HUSBAND. 

On the Petetion of John Avery, Jnr. in Behalf of Elize- 
heth Chase of Bolton in the County of Worcester, Admin- 
istratrix on the Estate of Colo. Thomas Chase Late of 
said Bolton Deceased Representing that the said Estate 
has Been Rendered insolvent, that Commissioners have 
Been ap})ointed to Examine the Claims thereon, that a 
Devidend has Been Made Between the several Creditors, 
since which farther claims have apj^eared against the said 
Estate, and pra^'ing that a Further Time May be allowed to 
Receive & Examine the said Accomits. 

Resolved, that the Judge of Probate for the said County 
of Worcester be and he is hereby Athorized to make a 
New Commission to the said Commissioners, or to ap[)()int 
Others if need be, to Receive and Examine the said Claims, 

January 12, 1789.* 



Chapter 31. 

RESOLVE ON THE PETITION OF RANSFORD MINER, RENDER- 
ING VALID HIS DOINGS AS A CONSTABLE, WITH A PROVISO. 

On the Petition of Hansford Miner setting forth that in 
the Month of March last he was chosen a Constable of the 
Town of Windsor and that he has never qualified himself 
for that Office b}^ taking the Oath of Allegiance. 

Resolved that the doings of the said Ransford Miner in 
his said Office of Constable shall be valid to all intents 
and purposes as if he had taken the said Oath within the 
time prescribed by law, provided he shall take and sub- 
scribe the said Oath of Allegiance, on or before the twen- 
tieth Day of Fehruary next. January 12, 1789. ■\ 

* Approved January 13, 1789. t Approved January 14, 1789. 



302 Kesolves, 1788. — December Session. 



Chapter 33. 

RESOLVE ON THE PETITION AND REPRESENTATION OF THE 
GUARDIANS OF A TRIBE OF INDIANS IN STOUGHTOy, AP- 
POINTING THE HON. ELIJAH DUNBAR, COL. BENJAMIN GILL, 
AND CAPT. WILLIAM BENT, GUARDIANS TO SAID INDIANS, 
AND EMPOWERING THEM IN THIS CASE. 

upon the representation and Petition of the Guardians 
of a Tribe of indians, in StougJdon, called the Punkapoog 
tribe. 

Remlved that the Honble. Elijah Dunbar Colo. Benja- 
min Gill & Cap. Willm. Bent, be, and they are hereby 
ap[)ointed a Committee, who are fully empowered to 
Examine, liquidate, and, allow the several Accounts for 
money disbursed, or debts incurred, on account of said 
Tri])e, and also to determine upon a suitable allowance to 
the said Guardians for their past Services. 

And it is further resolved that the said Guardians l)e, 
and they are hereby empowered and directed, to sell so 
much of the lands belonging to said Tribe as may be suflS- 
cient to discharge all the said Accounts, Avhich shall be 
allowed by the Connnittee above mentioned, the sale of 
the said land, to be in the same manner as by law is pre- 
scribed for the sales of the Estates of Persons non compos, 
subject to Guardianship, and to make and Execute (in 
their said capacity) a good and Lawful deed or deeds of 
the same. 

And it is further resolved that the said Guardians be, 
and they are hereby emj)owered and directed (after make- 
ing the sales aforesaid) to improve the remainder of said 
lands, and to appropriate and apply the income thereof in 
the same manner and to the same purposes as they are 
directed by a resolve passed February 25. 1783. 

January 12,1789.'' 

Chapter 23. 

RESOLVE ON THE PETITION OF HULDAH GUSHING, VESTING 
THE LANDS OR ESTATE IN THE INHABITANTS OF THE TOWN 
OF CHARLESTOWN, TAKEN FROM HER BY AN ACT OF THE 
GENERAL COURT, AND THAT ANY CONVEYANCE BY THE 
SAID INHABITANTS OF SAID TOWN, SHALL BE VESTED IN 
HER. 

On the petition of Huldah CusJiing : 
Resolved, That any lands or estate of said Hiildah 
Gushing taken or to be taken from said Huldah Gushing 

* Approved January 14, 1789. 



Resolves, 1788. — December Session. 303 

by the Inhabitants of the town of Charlestoivn, by virtue 
of an act, entitled, " An Act for widening & amending the 
streets. Lanes & squares in that part of the Town of 
Charlestown, which Avas lately laid Waste by Fire " shall 
be vested in the Inhabitants of said town, as fully & com- 
pleatly, as tho' the husl)and of said Huldah w\as present 
and consenting to the Inhabitants of said Town's taking 
such lands or estate — and that any Lands or Estate con- 
veyed l)y the Inhabitants of said Town to said Huldah 
Gushing as an equivalent for such lands & estate as they 
may take from her by virtue of the act aforesaid shall be 
vested in her as fully and to all intents and purposes, as 
tho the said Huldah Cashing was ^ feme sole. 

'January 12, 1789.* 

Chapter 24. 

RESOLVE ON THE PETITION OF OLIVER SMITH, GRANTING HIM 
£550, FOR THE PURPOSES MENTIONED IN A RESOLVE PASSED 
THE 20th NOVEMBER LAST, ON THE PETITION OF JOHN 
BRADISH, DANIEL WARNER AND JONATHAN WARNER. 

On the petition of Olivet' Smith. 

Resolved that the Governor be & he is hereby requested 
with advice of Council to issue his warrant on the Treas- 
ury in favour of Oliver Smith agent or attorney to the 
heirs of John Borland esq, for the sum of Five hundred 
&, fifty pounds, for the purposes mentioned in a Resolve 
passed the 20th of November last, on the petition of JoJin 
Bradish, Daniel Warner & Jonathan Warner, & the 
Treasurer is directed to make payment of the same in 
manner as directed in the said Resolve in full satisfaction 
of the bond therein referred to, any resolve to the contrary 
notwithstanding. January 13, 1789.* 

Chapter 25. 

RESOLVE ON THE PETITION OF THE TOWN OF WARE, EMPOW- 
ERING SAID TOWN TO APPOINT A COMMITTEE TO SELL THE 
MINISTERIAL LOT, AND EMPOWERING THE TREASURER IN 
THIS CASE. 

On the petition of the town of Ware praying for leave 
to sell a lot of land in said town called the ministerial lot & 
appropriated to the use of the ministry, & that the interest 
of the money arising from the sale thereof be to the use 
aforesaid : 

* Approved January 14, 1789. 



301 Kesolves, 1788. — December Session. 

Resolved that the prayer thereof be granted & that the 
town of Ware are hereby impowered in legal town meet- 
ing assembled to appoint a committee to sell said minis- 
terial lot of land & to give & execnte a good & lawfull 
deed or deeds of the same, & they shall pay the Avhole 
proceeds thereof into the town Treasury, & the Treas- 
urer is hereby impowered & directed to loan the monies 
arising from the sale thereof, taking good & sufficient 
sureties for the same, & the annual interest thereof shall 
be appropriated solely for the ])cnelit of the ministry in 
said town, agreably to the original appropriation. 

January 14, 1789.* 

Chapter 2G. 

RESOLVE ON THE PETITION OF JOny WOODMAN. 

On the Petition of John Woodman setting forth that a 
l)allance of more than forty Pounds due to him from the 
Connnonwealth for his services in the late continental 
Army has been drawn out of the Treasury by one William 
Tucker on a forged Order : 

Resolved that the Treasurer of this Commonwealth be 
& he hereby is directed to issue to the saide John Wood- 
man a Note of the same tenor c^ date & for the same sum 
as the Note issued to the said Willim. Tucker on the 
Forged Order aforesaid. January 14, 1789. -f 

Chapter 27. 

RESOLVE ON THE PETITION OF JONATHAN BROOKS, MAKING 
COMPENSATION TO HIM FOR LOSSES HE SUSTAINED. 

On the petition of JonatJtan Brooks praying that he 
may receive Compensation for propci'ty, of ^vhich he was 
plundered on the night of the 14th of June ^ Z> 1787 by A 
Band of lv()l)bers — And pay for his Services And Expenses 
in Apprehending And Securing a part of Said Eol)bers : 

Resolved i\\ixii\\e,VQ be Allowed and paid out of the Treas- 
ury of this Commonwealth to the Said Jonathan Brooks 
fifty O''^ pounds Seventeen shillings And Six pence As A 
Compensation for the property Lost — And the Services 
Rendered this Commonwealth By Apprehending And De- 
livering to the Civil Authority the Aforesaid Robbers. 

January 15, 1789. -^ 

* Approved January 17, 1789. f Approved January 20, 1789. 



Resolves, 1788. — December Session. 305 



Chapter 28. 

RESOLVE ON THE PETITION OF JOHN BRIDGHAM AND SIXTY- 
FOUR OTHERS, CONFIRMING A TRACT OF LAND LYING IN 
THE COUNTY OF CUMBERLAND, BOUNDED AS MENTIONED 
IN SAID RESOLVE, RESERVING CERTAIN LOTS FOR PUBLIC 
USES, PAYING TO THE COMMITTEE ON UNAPPROPRIATED 
LANDS 2s9 PER ACRE, IN CONSOLIDATED NOTES, AND 3rf. IN 
SPECIE, EXCEPTING, &c. 

On the petition of Jolin Bvidgliam and sixty four others 
settlers upon a tract of land laying betwen Baherstoion & 
iShepardsfield in the County of Cumberland & praying a 
grant & confirmation of said land. 

Resolved that there be & hereby is granted to John 
Bvidgliam^ Amos Dvnnel, Daniel Buckman^ Joshua 
Crocker, Isaac Crocker, Ediod. Haivke, Elias Davis, 
Aaron Dwinel, /Samuel Dane, Amos Dwinel jun. Jacob 
Dwinel, Gideon Barse, Michael Tool, Ste])hen Yeaton 
junior Samnel Morgan, William Harris, John Waterman, 
Joseph Waterman, Robert Waterman, William Haskel, 
NoahWaterman, Samuel VarreTl]\x\\, Davis Varrel, Wil- 
liam Varrel, Ebenezer Hodgkins, Joseph Deach Stephen 
Jewett, Moses Bradbury, Benjamin Bradbury, Amos 
Harris David Millet, Jonathan JVash, Chandler Free- 
man, Allen Davis, Jacob True, I^eabody Bradford, Ed- 
mund Landers, Nathaniel Chandler, Abram Pettengill 
Joseph Waterman jun. Joseph Bobbins, Ebenezer Petten- 
gill, Elisha Briggs, Samuel Pettengill, Gershom Holmes, 
John Staples, Israel Haskel, Cyrus Barker, JVoah Hear- 
sey, Jonathan Gurney, Jeremiah Dillingham junr. Isaiah 
Leavit, Jacob Leavit junr. Moses Stevens, William True, 
Daniel Briggs, Abel Allen, Martin Bradford, Elisha 
Fisher, James Willis, John Dillingham, Nehemiah 
Packer, Stephen Bray, John Woodman & Ainbrose Rynes, 
their heirs & assigns all the Interest, title & claim of the 
Commonwealth in & to a tract of land lying in the County 
aforesaid, containing Twenty thousand, nine hundred & 
fifty nine acres as surveyed by Samuel Titcomb in Sej)- 
tember 1787 bounded as follows, viz. begining at a horn- 
bine tree, standing on the South line of Turner about two 
miles, one hundred & seventy four rods, from a place on 
Ainariscogin river called the crooked Ripples, thence 
runing south west eleven miles, two hundred sixty rods 
to a maple tree, then north west three miles, then north 
east ten miles & ninety rods to an hemlock tree, then 



306 Resolves, 1788. — December Session. 

south sixty three degrees and one quarter east to the 
place begun at, reserving four lots of three hundred & 
twenty acres each for public uses viz one for the first 
settled minister, one for the use of the ministry one for 
the use of Schools within the said tract & one for the 
future appropriation of the General Court to be laid out 
near the center of said tract & to average in goodness 
with the other lots therein on the condition following 
viz, that the said John & the other grantees aforesaid shall 
pay or cause to be paid for the use of the said Common- 
wealth to the committee on the subject of unappropriated 
land in the counties of York, Cumberland and Lincoln, 
or their successors in Office two shillings & nine pence in 
the consolidated notes of this Commonwealth & three 
pence in specie for each acre contained in the said tract 
(excepting the lands reserved as aforesaid), & that one 
half of the amount of said tract be paid within three 
months from the date of this resolve, & the residue within 
six months, from the date thereof, & in case of failure of 
payment within those periods, the grant aforesaid is to be 
considered as void and of no etiect. January 15, 1789 * 



Chapter 39. 

RESOLVE ON THE PETITION OF THOMAS FESSENDEN, TO 
NOTIFY THE ADVERSE PARTY TO SHEW CAUSE, &c. AND 
TO STAY EXECUTION. 

On the Petition of Thomas Fessenden, praying that 
Execution issued on a Judgment obtained against him in 
favour of ObadiaJi Merrit, may be stayed and that he the 
said Thomas may be restored to his Law : 

Resolved that the Petitioner cause the said Merrit to l)e 
notified, by serving him with an attested Copy of the said 
Petition and of this Order thereon at least thirty days 
before the second Wednesday of the first sitting of the 
next General Court, to appear on the said second Wednes- 
day and shew cause, if any he has, why the prayer of the 
said Petition should not be granted, and that Execution 
be stayed in the meantime. January 16, 1789.* 

* Approved January 2U, 1789. 



Resolves, 1788. — December Sessioi^. • 307 



Chapter 30. 

RESOLVE ON THE PETITION OF THE PRESIDENT AND DIRECT- 
ORS OF THE MASSACHUSETTS BANK, ASSIGNING THE TIME 
FOR THE APPEARANCE OF JOSHUA FARRINGTON, CALEB & 
ROBERT DAVIS, AT THE SUPREME JUDICIAL COURT, AND 
EMPOWERING THE DIRECTORS IN BEHALF OF THIS COM- 
MONWEALTH. 

On the petition of the President & Directors of the 
MassacJiUsetts Bank : 

Resolved, that for the reasons set forth in said petition, 
the prayer of the same be granted — and that the recog- 
nizance of Joshua Farrington, Caleb Davis & Robert 
Davis, l)earing date the twenty eighth day of Septr. A D 
1787 for his the said Joshua Farrington' s, appearing at 
the Supreme Judicial Court then next to be holden at 
Boston in & for the County of Suffolk on the third tues- 
day of February Anno Domini 1788, be and hereby is 
assign'd to the said President & Directors — and the said 
President & Directors are hereby impower'd & author- 
iz'd in the name of this Commonwealtli at tlieir own proper 
cost & expence to sue for, and recover to their own use, 
all monies due to the same Commonwealth by the forfeit- 
ure of said recognizance. January 16, 1789.* 

Chapter 30a. t 

ORDER ON THE PETITION OF ASA FISK IN BEHALF OF SOUTH 

BRIM FIELD . 

(Jn the petition of Asa Fish in behalf of the town of 
SoutJi Brimfield, praying that part of a certain road may 
l)e set oft' from the town of South Brifnfield and annexed 
to the district of Holland : — 

Ordered, that the petitioner notify the district of Hol- 
land hj leaving an attested copy of his petition with this 
order thereon ^vith the clerk of said district thirty days 
at least before the second Wednesday in the first session 
of the next General Court that they may appear on said 
day and shew cause if any they have why the prayer of 
the said petition should not be granted. 

January 16, 1789. 

* Approved January 26, 1789. 

t Not printed in previous editions. Taken from court record. 



308 Resolves, 1788. — December Session. 



Chapter 31. 

RESOLVE ON THE PETITION OF ELIZABETH GOULDING, DI- 
RECTING THE TREASURER TO MAKE OUT NOTES, IN LIEU 
OF THOSE FORGED. 

On the Petition of Elizabeth Goulding of Gilford in the 
State of Verviont, Preying that she May be intitled to 
Her Deseas'd Husband Wages for Services due to him 
in the Army of the United States the same being drawn 
heretofore by Eli Sumner on a Forged Order. 

Hesolved that ye Prayer of ye Petition l)e granted & 
that the Treasurer be Directed to Make out to the said 
Elizabeth Goulding Notes of the same date and same 
Tenor which the said Elizabeth would have been Intitled 
to for her sd. Husband's Services, it being heretofore 
already drawn by a forged Order of Eli Sumner Notwith- 
standing. January 16, 1789.* 

Chapter 32. 

RESOLVE ON THE PETITION OF JESSE GOODENOW, DIRECT- 
ING THE TREASURER TO ISSUE NOTES IN LIEU OF THOSE 
FORGED. 

On the Petition of Je.sse Goodenoiv a Soldier in Colo. 
Crane's Regimt. of Artillery in the late Continental Army 
setting forth that his wages (amounting to Thirty five 
Pounds Eighteen Shillings and six pence Specie) were 
drawn from the Treasury by a Forged order and praying 
he may be paid the same. 

Resolved that the Prayer of the Petition be granted 
and that the Treasurer be Directed to Issue & Deliver to 
the Said Jesse Goodenow other Notes of the Same Date and 
Value with the Notes which were drawn by Fraud as 
aforesaid. January 16, 1789.* 

Chapter 33. 

RESOLVE ON THE PETITION OF JOSEPH CRAFTS, AUTHORIZ- 
ING THE JUDGE OF PROBATE FOR THE COUNTY OF HAMP- 
SHIRE, TO RECEIVE, EXAMINE AND ALLOW THE ACCOUNTS 
MENTIONED. 

On the petition of Joseph Crafts and Roxalana his 
Wife. 

* Approved January 17, 1789. 



Kesolves, 1788. — December Session. 309 

Resolved that the prayer of the sd. petitioners be so far 
granted, that the Judge of the Probate of AVills &c. for 
the County of Hampshire, be and he is hereby Authorised, 
to receive, examine, and Allow their Accounts against the 
chiklren of David White, minors so far as they may be 
found just and reasonable, in the Same manner as if 
they the said Petitioners had heretofore received Letters 
of Guardianship for the said Minors. 

January 16, 1789.* 

Chapter 34. 

RESOLVE RESPECTING BORROWING MONEY, TO PAY THE 
GOVERNOR AND COUNCIL, SENATE AND HOUSE OF REP- 
RESENTATIVES AND OTHERS, MENTIONED IN A RESOLVE 
PASSED MARCH 25, 1788. 

Whereas the Resolution of the General Court passed 
the 25tli of March 1788 — Authorising the Treasurer of 
this Commonwealth to Borrow mone}'' for the payment of 
his Excellency the Governor — the members of the Hon- 
oral)le Council, Senate and liouse of Representatives — 
and other persons therein mentioned has been found in- 
sufficient to answer the purposes thereby intended : 

Resolved that the Treasurer be and hereby is empowered 
to Borrow the money as Directed in the Said Resolve — 
And that in Addition to the funds pledged by Said re- 
solve for the repayment of the monies so borrowed — the 
money so Borrowed shall be paid out of the first monies 
that shall come into the Treasury from an act passed the 
thirty lirst day of march last for raising A public revenue 
by excise — not before Appropriated — And also from 
the first monies that shall come into the Treasury from 
the Specie part of two acts passed the 17th of November 
178G — for the purpose of raising A public revenue by 
impost and excise not before Appropriated. 

January 17, 1789 * 

Chapter 34a. f 

ORDER ON THE PETITION OF HEZEKIAH NEWCOMB AND JOB 

WRIGHT. 

On the petition of HezeMah Newcomh and Job Wright 
in behalf of the town of Barnardston — 



* Approved January 17, 1789. 

t Not printed in previous editions. 



310 Resolves, 1788. — December Session. 

Ordered — That the petitioners notify the Inhabitants 
of that part of the Town Colerain which formerly belong'd 
to the Town of Barnardston — l)y serving Thomas 
Shearer one of said Inhabitants with an attested Copy 
of their petition and this order, Twenty days at least 
before the third Wednesday of the first Session of the 
next General Coni-t to appear on said third Wednesday 
to shew cause if any they have why the prayer of said 
petition should not be granted. January 16, 1789. 



Chapter 35. 

RESOLVE ON THE PETITION OF BARTLET HINDS, AND OTHER 
INVALIDS, LATELY DOING DUTY AT CASTLE-ISLAND, DI- 
RECTING THE TREASURER TO BORROW THE MONEY, ON 
THE CREDIT OF THE FIRST MONEY NOT APPROPRIATED. 

On the petition of Bartlet Hinds & others — 
Resolved, that the Treasurer of this Commonwealth be, 
and he hereby is, authorized and directed to borrow on 
the credit of the first monies which shall be received into 
the Treasury, not already appropriated, a sum of money, 
equal to the amount of the additional wages due to 
Bartlet Hinds and others. Invalid Soldiers, for their ser- 
vices at Castle- Island ; and with the monies which shall 
be so borrowed to pay to each of the said Invalids the 
additional Wages due to him for his said services, 

January 17, 1789 * 



Chapter 36. 

RESOLVE ON THE PETITION OF ELIZABETH HUNT, DISCHARG- 
ING OLIVER NEWHILL, OF HIS BONDS, FOR THE APPEAR- 
ANCE OF ONE STEPHEN HASELTON, BEFORE THE SUPREME 
COURT, HE PAYING IN CONSOLIDATED SECURITIES, PRO- 
VIDED. 

On the petition oi Blizabeth Hunt: 

Resolved that the prayer of the said petition be so far 
granted as that Oliver JVewhill therein named, be per- 
mitted to discharge his bonds to this Commonwealth for 
the appearance of one Stephen Hoselton before the Su- 
preme Juditial Court at Concord in the County of Midel- 
sex on the second Tuesday in April 1788, in publick 

* Approved January 17, 1789. 



Kesolves, 1788. — December Session. 311 



consolidated Securities of this State provided the cost 
that has arisen thereon, shall be discharged in Specie. 

January 19,1789* 

Chapter 37. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF MALDEX, DISCHARGING SAID TOWN OF A BALANCE FOR 
A DEFICIENCY OF A COLLECTOR. 

On the petition of the Selectmen of the Town of Maiden 
in behalf of the said Town : 

Besolved, That the Town of Maiden he, and hereby is, 
discharged of a balance oi thirty tico pounds thirteen shil- 
lings & two pence due to this Commonwealth from the 
said Town, for the deficiency of Thomas Burditt Collector 
of the paid Town in the Year 1765 ; and the Treasurer is 
hereby directed to govern himself accordingly. 

January 19, 1789 * 

Chapter 38. 

RESOLVE GRANTING £.167 18* TO THE HON. GEORGE THATCHER, 
ESQ. FOR HIS SERVICES IN CONGRESS, TO THE FIFTH OF 
NOVEMBER 1788. 

Whereas it appears by the Account exhibited hy the 
Honble. George Thatcher Esqr. , that there is a Ballance due 
to hiin from this Commonwealth for his Services while at 
Congress, to ye 5th of Novr. 1788, deducting the Sum 
granted him, and for which he received a Warrant upon 
the Treasurer : 

Resolved, That there be allowed and paid out of the 
public Treasury of this Commonwealth, to the Honble. 
George Thatcher Esqr., the Sum of One Hundred, and 
sixty seven Pourtda, eighteen shillings, in full for his Ser- 
vices to the time above mentioned. January 19, 1789* 



Chapter 39. 

RESOLVE ON THE PETITION OF JAMES MILLS, TO NOTIFY THE 
ADVERSE PARTY TO SHEW CAUSE, &c. 

On the })etition of James Mills praying for liberty to 
reenter an Action l)rought against him by Edivard Ward, 
at the Court of Common pleas held at /Springfield in the 

* Approved January 20, 1789. 



312 Resolves, 1788. — December Session. 

County oi Hampshire on the third Tuesday oi May 1786, 
and upon which judgment hath l^een rendered against the 
said James. 

Ordei'ed That the petitioner notify the said Edward 
War^d by serving him, or his Attorney in the said Action, 
with an attested copy of his said petition and of this order 
thereon thirty days at least, before the second Wednesday 
of the hrst Session of the next General Court that he may 
then shew cause, if any he shall have, why the prayer of 
the said petition should not be granted. 

Jamiary 19, 1789. 

Chapter 40. 

RESOLVE ON THE PETITION OF JOSEPH DOBLE, EXECUTOR 
TO THE WILL OF JOHN DOBLE. 

Upon the Petition of Joseph Dohle Executor to the Last 
Will & Testament of John Dohle deceased praying that a 
certain judgement may be annulled for Reasons set forth 
in said Petition. 

Resolved that the Judgement made up & given in an 
Action in the Court of Common Pleas holden at Boston 
within & for the County of Suffolk on the third Tuesday 
of April 1787 wherein Richard Rolason Dohle was Plain- 
tift', & the said Joseph Dohle as Executor was original 
Defendant, be & hereby is set aside and declared null & 
void. 

And it is hereby farther Resolved that the said Cause 
shall be brought forward & entered on the Docket of 
the Court of Common Pleas at their Session at Boston 
on the first Tuesday of July Next, & that the same be 
considered in the same Manner as if the Cause had been 
regularly continued to the said Court : And the Clerk of 
the said Court is hereby directed, to bring forward the 
said Action to the said Court, And the same Proceedings 
shall be thereupon had as if Judgement had never been 
given in the above Cause : And the Execution issued upon 
the said Judgement is hereby declared null, invalid 
& void. Provided always, that the said Joseph Dohle 
Serve the said Richard Rolason Dohle with an attested 
Copy of his Petition & this order thereon fourteen days 
before the said first Tuesday of Jidy Next. 

January 19, 1789.* 

* Approved January 20, 1789. 



Resolves, 1788. — December Session^. 313 



Chapter 41. 

RESOLVE ON THE PETITION OF JOSEPH JELLISON, ALLOWING 
HIM TO LAY OUT FORTY ACRES OF LAND ADJOINING S/7/1P- 
LEIGH LINE, AND TO MAKE A RETURN OF A PLAN INTO 
THE SECRETARY'S OFFICE IN JUNE NEXT. 

On the Petition of Josieph Jellison praying for a grant 
of Land for reasons set forth in sd. Petition : 

Resolved That the prayer of sd. petition be so far 
granted that the sd. Joseph be allowed to lay out forty 
Acres of Land adjoining Shapleigh line on the go7'e (so 
called) being the same Land of which he now is in posses- 
sion and to make return of a compleat plan of the same 
into the Secretary's office on or before the first Day of 
June next, provided the said land be the property of this 
Commonwealth — & in that case, this Resolve shall, upon 
his so doing, give a good title of the said land to him the 
said Joseph, his heirs & assigns. January 19, 1789.* 

Chapter 42. 

RESOLVE ON THE PETITION OF THE ASSESSORS OF THE TOWN 
OF WINTHROP, CONFIRMING THE DOINGS OF THE ASSESS- 
ORS AND CONSTABLES OF SAID TOWN IN 1786. 

On the Petition of the Assessors of the town of Win- 
throp praying for a confirmation of their doings in certain 
cases — 

Resolved that the doings & proceedings of the Assessors 
and Constables of the town of Winthrop so far as relates 
to the Assessing & Collecting of a sum of Money granted 
by the Inhabitants of said Winthrop on the eighth day of 
May 178G for the express purpose of building a Meeting- 
house in said Winthrop, be & hereby are confirmed and 
rendered vailed to all intents & purposes. 

January 19, 1789 * 

Chapter 43. 

RESOLVE ON THE PETITION OF WILLIAM BULL, AUTHORIZING 
THE NAVAL OFFICER. FOR BOSTON, TO WITHDRAW HIS 
LIBEL, STAYING PROSECUTION, HE PAYING THE COSTS & 
RELINQUISHING THE COMMONWEALTH'S PART OF THE TO- 
BACCO MENTIONED. 

On the petition of William Bull, of Hartford in Con- 
necticut commander of a sloop called the Ursula in the 

* Approved January 20, 1789. 



314 Resolves, 1788. — December Session. 

coastiog trade between said Hartford & Boston setting 
forth that she was seized by the Naval Officer of the port 
of Boston for certain offences against the Laws of Trade 
in which he was not concerned & praying for relief: 

Resolved that the prayer of said petition be granted & 
that said Naval Officer be & he is hereby authorized & 
directed to withdraw his Libel that was filed in the office 
of the Clerk of the Court of Common Pleas in the county 
of Suffolk so far as relates to said Sloop and that said 
sloop be delivered up to said William Bull and that all 
proceedings in prosecution of said Libel so far as they 
relate to said sloop be & they hereby are stayed the Said 
Bull paying the cost that has already arisen and the sum 
of Ten pounds into the public Treasury and whereas it 
appears that three Casks of Tobacco that w^ere Ship'd on 
freight on board the said sloop Ursula are seized and held 
for Tryal, and as it is expedient to give encoragement to 
those wiio shall Inform of the breaches of the Laws of 
Trade — 

Besolved That this Commonwealth Relinquish that part 
of the said Tobacco that may accrue to the Commonwealth 
in consequence of the condemnation thereof and that the 
Naval Officer be and he is hereby directed to deliver the 
same or the net proceeds thereof to the Informer first de- 
ducting all charges that shall hereafter arise thereon. 

Jaimary 20, 1789* 



Chapter 44. 

RESOLVE ON THE PETITION OF SOLOMON WILLIAMS, GRANT- 
ING HIM £.11 FOR THE LOSS OF A HORSE. 

On the petition of Solomon Williams praying that he 
may Receive Compensation for a horse which was killed 
in the Service of this Commonwealth in the winter of 
1787 — 

Resolved that there be Allowed And paid out of the 
Treasury of this Commonwealth To the Said Solomon 
Williams Eleven jyoimds in full for a horse killed as afore- 
said in the public Service. January 20, 17 S9.* 

* Approved January 20, 1789. 



Resolves, 1788. — December Session. 315 



Chapter 4.5. 

RESOLVE ADJOURNING THE COURT OF COMMON PLEAS, AND 
GENERAL SESSIONS OF THE PEACE, TO BE HELD AT LEXOX, 
ON THE FIRST TUESDAY OF FEBRUARY, TO THE THIRD 
TUESDAY OF THE SAME MONTH. 

Whereas it appears to lie necessary, that the Courts of 
Common Pleas and general sessions of the Peace, which 
by Law are to be holden at Lenox, in the County of 
Berkshire, on the first Tuesday of February next, should 
be adjourned — 

Therefore resolved, that the Courts of Common Pleas 
and general sessions of the Peace, which are by Law 
appointed to be holden at Lenox, within and for the 
County of Berkshire, on the first Tuesday of February 
next, be, and the same Courts are hereby adjourned, to 
the third Tuesday of the same February — and that all 
appeals, Writs, Eecognizance, Warrants and other Proc- 
esses already issued, taken and depending in, or which 
may be issued, taken and made returnable into the said 
Courts or either of them ; and all matters and things, 
which might be proceeded upon, heard and determined 
by the said Courts or either of them, on the first Tuesday 
of February aforesaid, shall be returned, proceeded upon, 
heard and determined, by the said Courts at Lenox afore- 
said, on the third Tuesday of Februa7y next, any Law 
to the contrary notwithstanding. January 20, 1789* 



Chapter 46. 

RESOLVE ON THE PETITION OF COL. MARESQVELLE. 

On the jNIemorial of Leivis De Maresquelle esq. 

Resolved, That the Treasurer of this Commonwealth, 
be, and he is hereby directed to borrow on Credit of the 
funds mentioned in a Resolve passed the 25th of March 
last, fifty j)ounds, and pay the same to the said Leivis 
De Maresquelle Esqr. in discharge of a Warrant Men- 
tioned in a Resolve passed in his favour the present Ses- 
sion of the General Court. January 20, 1789. -f 

* Approved January 20, 1789. t Approved January 21, 1789. 



316 Kesolves, 1788. — December Session. 



Chapter 47. 

RESOLVE DISCHARGING THE REV. DANIEL LITTLE, OF THE 
SUM OF £112 CONSOLIDATED NOTES, PAID HIM JUNE 15th, 
1788, FOR THE PURPOSE OF MANUFACTURING STEEL. 

Resolved That the Revd. Daniel Little be discharged of 
the Sum of Four hundred & fifty pounds paid him hy 
virtue of a Resolve of the General Court passed June 15th 
1778 (which Sum being reduced by the Scale of Depre- 
ciation is equal to One hundred & twelve pounds ten shil- 
lings Specie) for the purpose of carrying the Art of 
manufacturing Steel to as great Perfection as possible 
within the Reach of his Knowledoe the said Little having 
comply d with the Condition of said Resolve. 

January 21, 1789* 

Chapter 48. 

RESOLVE ON THE PETITION OF JOSEPH DOANE, DIRECTING 
THE TREASURER TO PAY HIM £7 5s. BEING FOR THE ATTEND- 
ANCE OF HIS FATHER AT THE GENERAL COURT, IN 1777. 

On the Petition of JosejJi Loane Administrator on the 
Estate of Joseph Doane Esq. late of Chatham in the 
County of Barnstable Dec'd praying for an allowance 
to be paid the Petitioner for reasons set forth in said 
Petition. 

Resolved that the Treasurer of this Commonwealth be 
and is hereby directed to pay the said Administrator the 
sum of Seven Pounds five shillings in full consideration 
for the travel and nineteen days attendance of the said 
Joseph Doane Esq. dec'd to the General Court in May 
session in the year 1777 and the Treasurer is further 
directed to Charge the said town of Chatham with the 
aforesaid sum of Seven Pounds five shillings over and 
above the said Towns proportion in the next state tax. 

January 21, 1789* 

Chapter 49. 

RESOLVE ON THE PETITION OF WILLIAM THAYER, GRANTING 
HIM £3, PER ANNUM, IN ADDITION TO HIS FORMER PEN- 
SION. 

On the Petition of William Thayer Praying for an 
addition to his Pension as Set fourth in said Petition : 

♦^Approved January 23, 1789. 



Resolves, 1788. — December Session. 317 

Resolved for Reasons Set fourth in Said Petition that 
there be Paid out of the Treasury of this Commonwealth 
to the said William Thayer three Pounds 'per annum in 
addition to his former Pension untill the further order of 
the General Court. January 21, 1789* 

Chapter 50. 

RESOLVE ON THE rETITION OF THE INHABITANTS OF THE 
TOWN OF CHATHAM, ABATING £6 ON TAX No. 6. 

On the Petition of the Inhabitants of the Town of 
Chatham, Praying to be released from their proportion 
of Tax No. 6, assessed on them for Reasons set forth in 
their Petition. 

Resolved, that the Prayer of said Petition be so far 
granted, that the Inhabitants of said Town of Chatham 
be Abated the Sum of Six pounds on Tax No. 6, and the 
Treasurer of this Commonwealth is hereby directed to 
creditt said Town with that sum accordingly. 

January 21, 1789.* 

Chapter 51. 

RESOLVE GRANTING THOMAS INGERSOLL, £15. 

On the Petition of Thomas Ingersoll of Great Barring- 
ton praying to be allowed for ten fire Arms which he pro- 
cured from the State of Nem York & which were burnt 
in Daniel Penjields store A D 1787. 

Resolved that the Prayer of said Petition be granted and 
that there be allowed and paid out of the Treasury of this 
Commonwealth to the said Thomas Ingersoll the sum of 
Fifteen pounds in full for the said Arms. 

January 22, 1789 * 

Chapter 52. 

RESOLVE MAKING AN ESTABLISHMENT FOR CAPT. ABNER 
LOVELL, KEEPER OF THE LIGHT HOUSES, ON PLUMB IS- 
LAND. 

Resolved that there he allowed & paid out of the treas- 
ury of this Commonwealth to ye keeper of the Light 
Houses on Rlmnb Island for ye time being Sixty Six 
pounds per annum from and after the fifteenth day of 
February 1789. January 22, 1 789 . * 

* Approved January 23, 1789. 



318 Resolves, 1788. — December Session. 



Chapter 53. 

RESOLVE ON THE PETITION OF DAVID THATCHER, AND OTHERS, 
IN BEHALF OF THE TOWN OF YARMOUTH, ABATING CER- 
TAIN SUMS. 

On the petition of David Thatcher & others in behalf 
of the town of Yarmouth, in the County of Barnstable 
praying for abatement of taxes. 

Resolved, for reasons set forth in the said petition, that 
the said town of Yarmouth, be & is hereby abated the 
sum of Thirty five Pounds, part of the sum set on the 
said town in tax No. 4 ; and the further sum of Seventy 
jive Pounds part of the sum set on them in tax No. 5, & 
the Treasurer is hereby directed to Govern himself ac- 
cordingly. January 23,1789* 



Chapter 54. 

RESOLVE ON THE PETITION OF A NUMBER OF THE INHABI- 
TANTS OF BRUNSWICK AND HARPSWELL, PERMITTING 
THEM TO ERECT A BRIDGE, AT A PLACE CALLED HALL'S 
GURNET. 

On the Petition of a number of the Inhabitants of 
Brunswick and Harpswell — 

Resolved that the Petitioners be & hereby are permitted 
to Erect a Bridge over the water at a place called Halls 
Gurnet between the town of Brunsivick and Sebascodogen- 
Island in the town of Harj)swell, Provided said Bridge be 
not less than twenty feet wide with suficient rails on both 
sides thereof and that said Bridge be free for passengers, 
Avithout toll or tribute. January 23, 1789 * 

Chapter 55, 

RESOLVE ON THE PETITION OF JAMES MELLEN, DIRECTING 
THE TREASURER TO PAY HIM £3 8s, FOR WAGES OF MOSES 
PLATT, HE GIVING SECURITY. 

On the Petition of Jatnes Mellen, praying that the 
Treasurer may be directed to pay to him the Wages of 
Moses Piatt. 

Resolved, That for Keasons set forth in the said Peti- 
tion the Treasurer be and he is hereby directed to pay 
unto the said James Mellen the Sum of Three Pounds 

* Approved January 26, 1789. 



Resolves, 1788. — December Session. 319 

Eight Shilling fi in full for the Wages of Moses Piatt late 
a Soldier in Capt. Drapers Company in Col. Lymans 
Kegiment, He the said Mellen giving sufficient Security 
to the Treasurer to indemnify the Commonwealth from 
any Claims that may hereafter be made on Account of the 
said PlatVs wages. January 23, 1789.* 



Chapter 55a. f 

GRUER ON THE PETITION OF SAMUEL SANDERSON. 

On the petition of Samuel Sanderson praying for a re- 
hearino- of an action brought against him in favour of Joh7i 
Hunt of Watertown at a Court of Common Pleas held at 
Worcester on the last Tuesday of March Anno Domini 
1784; for reasons set forth in the said petition: — Or- 
dered, that the petitioner serve the said John Hunt with 
an attested copy of the said petition and this order 
thereon fourteen days at least before the second Wednes- 
day of the first sitting of the next General Court, that he 
may then shew cause, if any he has, why the prayer of the 
said petition should not be granted. January 23, 1789. 

Chapter 56. 

RESOLVE ON THE PETITION OF AMASA SMITH, ESTABLISHING 
A WRIT VALID IN LAW. 

On the petition of Aynasa Smith, praying that the 
service of a writ may be established and made valid in 
LaAv : 

Resolved, for reasons set forth in the said Petition, that 
the service and return of an original Writ, issued by, 
returnable to and filed in an Action brought before David 
Sexton Esquire one of the Justices of the Peace for the 
County of Hampshire, on the fourteenth day of April in 
the year of our Lord 1787 — in favour of the said Amasa 
Smith against Abel Densmore be, and the same is hereby 
declared to be good and valid in Law ; and the Property 
thereby attached, shall be holden to the said Amasa 
Smith, in the same manner as the same might have been 
holden, if the said Service had been made by the Sherifi:' 
of the said County oi Hampshire. January 24, 1789.% 

* Approved January 26, 1789. 

t Not printed in previous editions. Taken frona court record. 

X Approved January 27, 1789. 



820 Resolves, 1788. — December Session. 



Chapter 57. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
PLANTATION OF ST. GEORGES, ABATING THE SUM OF £50 

Is \d, ASSESSED ON THEM IN 1784. 

On the petition of the inhabitants of the plantation of 
8t Georges, praying for an abatement of their taxes : 

Resolved, that the prayer of the said petition, as it 
respects the abatement of their taxes be so far granted, 
that the said Plantation of St Georges, ha & they are 
herel^y abated the sum of jF^ift]/ Pounds, One shilling & 
one penny being part of the sum required to be assessed 
on them, hy a resolve of the General Court passed the 
12th of November 1784, & the Treasurer is hereljy directed 
to govern himself accordingly. January 26, 1789.* 

Chapter 57A.t 

ORDER ON THE PETITION OF HENRY ROWLAND AND OTHERS. 

On the Petition of Henry Rowland, & others of the 
Town of Westport, Praying that they and their Estates 
May 1)c annexed to the Town of Dartmouth. 

Ordered that the Prayer of the Said Petition Be So far 
granted that the Said Petitioners or Someone of them 
Notify the Said Town of Westport hj Serving the Clerk 
of Said Town of ivestport with an attested Coppy of Said 
Petition, and of this Order, thirty Days at Least Before 
the third Wednesday of the first Sessions of the Next 
General Cort, that they may then appear and Shew Cause 
if any they have, why the Prayer of Said Petition Shuld 
Not be Granted. January 26, 1789. 

Chapter 5S. 

RESOLVE ON THE PETITION OF JOSHUA BRACKET, IN BEHALF 
OF THE TOWN OF SHAPLEIGH, ABATING THE SUM OF £383 
12* id, ASSESSED ON THEM IN MARCH 1786. 

On the petition of Joshua Bracket in behalf of the town 
of Shapleigh : 

Resolved that the prayer of the said petition be granted, 
& that the town of Shapleigh, he, & they are hereby 
abated the sum of Three hundi-ed & eighty three Pounds, 

* Approved January 27, 1789. 

t Not printed in previous editions. 



Resolves, 1788. — December Session. 321 



twelve shillings &, four pence, the sum ordered to be as- 
sessed on them by a resolve of the General Court, passed 
the 3d of MarcJi 1780, any Law or Resolve to the con- 
trary notwithstanding. And the Treasurer is hereby di- 
rected to govern himself accordingly. 

January 26, 1789 * 

Chapter 59. 

RESOLVE GRANTING PAY TO JOHN CHALONER, AND DIRECT- 
ING THE TREASURER TO BORROW THE MONEY. 

Resolved that there be paid out of the Treasury of this 
Commonwealth to John Qhaloner the arrears of pay due 
to him as Pensioner and the Treasurer is hereby author- 
ized & impowered to borrow Money for that purpose on 
the Credit of the same funds upon which he has borrowed 
Monies for the payment of the Arrearages due to the Civil 
List & to the Members of the late Convention and charge 
the same to the United States. January 26, 1789.* 



Chapter 59A.t 

ANSWER OF THE GENERAL COURT TO THE GOVERNOR'S MES- 
SAGE OF JANUARY 8, 1789. 

May it please your Excellency. 

The two branches of the Legislature in answer to your 
Excellency's message of the eighth instant, communicated 
by the Secretary, have most sincerely to lament, that by 
your Excellency's indisposition they have been deprived 
of receiving your communications in person. 

They are sensible of the very urgent & important calls 
of the public on your Excellency's time and talents, and 
most fervently wish that you may soon be restored to 
firm and established health. 

To a want of representation of the States in Congress, 
they impute, your Excellency's not having received any 
communications from that honorable Body, since the ad- 
journment. 

While they have had frequent reason to deplore the 
inability of Congress to compel an attendance of Members 
necessary to conduct the alfairs of the Union, they are 

• Approved January 27, 1789. 

t Not printed in previous editions. Taken from court record. 



322 Resolves, 1788. — December Session. 

happy in observing that the Constitution of the United 
States makes ample provision for this important defect in 
the articles of Confederation. 

The Legislature will pay due attention to that part of 
your Excellency's message which respects the Garrison at 
Castle Island. 

We are sensible with your Excellency that our present 
situation may render it difficult to determine upon any 
particular and permanent system of finance, although the 
task should be found arduous — yet we presume, that it 
is not insurmountable, and taking into view a reduction 
of some part of our revenues (heretofore applied to 
the discharge of the State debt) that will be consequent 
on the operation of the new Government — it is, we 
conceive, become necessary not only for the honor and 
interest of Government, and in justice to its creditors 
seasonably to provide for such deficiency, but also with- 
out delay to place the state debt upon such funds as shall 
secure as far as possible to all the creditors of Govern- 
ment their just So righteous demands, making provision 
also as occasion requires for the current expences of 
Government. — 

With high satisfaction the Legislature anticipate the 
early operation of a Government over the United States 
constitutionally vested with powers to encourage agricul- 
ture, promote the useful arts, regulate and cherish com- 
merce & efiectually to establish on a broad and permanent 
basis, the credit, dignity and real independence of our 
Country. 

Under a wise administration of this Government, sup- 
ported by the industrj^ frugality and patriotism of her 
citizens, America may look forward to the advancement 
of her political happiness, and the establishment of her 
national character on just and durable grounds. 

According to your direction the Secretary has laid 
before the Legislature a letter from the Governor of Vir- 
ginia enclosing one written by the General Assembly of 
that State, also a resolution of instructions to their repre- 
sentatives on the subject of calling a general Convention 
for the purpose of making alterations in the Constitution 
of Government of the United States. — 

These papers together with the letter from the Conven- 
tion of the State of New York, on the same subject have 
been attentively considered, and though this Common- 



Resolves, 1788. — December Session^. 323 

wealth, will embrace ev^ery opportunity of evidencing their 
great friendship and sincere regard for these important 
members of the union, the Legislature perfectly concur 
in opinion with your Excellency that the calling a general 
Convention at this period would be expensive, if not dan- 
gerous to the Union. 

But in thus giving our sentiments on this important 
subject, we are by no means unmindful that the Conven- 
tion of this Commonwealth have given their opinion in 
the resolution ratifying the federal Constitution, that, 
"certain alterations and amendments would remove the 
fears, and quiet the apprehensions of many of the good 
people of this Commonwealth, and more effectually guard 
against an undue administration of the federal Govern- 
ment" and have solemnly enjoined it upon the Represent- 
atives of this State in Congress, at all times, until the 
alterations, and provisions aforesaid, have been considered, 
agreeably to the fifth article of the said Constitution to 
exert all their influence and to use all reasonable and legal 
methods to obtain a ratification of the said alterations and 
provisions referred to in such manner as is provided in 
the aforesaid article. 

Under this injunction we have full confidence that the 
Representatives of this Commonwealth, will not fail, to 
exert their utmost influence and use all reasonable and 
legal measures that the alterations and provisions afore- 
said be duly considered in Congress, and recommended 
by that honorable Body, agreeably to the true spirit & 
letter of the aforesaid resolution. January 27, 1789. 

Chapter 60. 

RESOLVE REPEALING EVERY PART AND CLAUSE OF A RE- 
SOLVE PASSED THE 21st JUNE, 1787. HOLDING THE TOWN OF 
MONSOy, TO REPAIR THE ROAD FROM THENCE TO WIL- 
BRAHAM LINE. 

Whereas the opperation of a Resolve passed the twenty 
first day of June 1787, releasing the town oi Monson from 
any charge for the support of the Road between Scotts 
Bridge (so called) and Wilbraham line, and seting the 
same to the town of Palmer, is found to be unequal. 
Therefore 

Resolved, that the said Resolve, and every part and 
clause thereof, be, and hereby is repealed and rendered 
null and void, 



324 Kesolves, 1788. — December Session. 

and it is further Resolved that in future the town of 
Palmer shall be held to repair the said Road beginning 
at the westerly side of Scotts Bridge (so called) & extend- 
ing westerly so far as to make one half the length of 
the way from said Bridge to Wilbraham line, & that the 
said town of Monson, shall be held to repair said Road, 
from thence to Wilbraham line aforesaid. 

January 27, 1789.* 

Chapter 61. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF LEBANON, AUTHORIZING THE SELECTMEN AND ASSESS- 
ORS, TO MAKE A NEW ASSESSMENT OF THE TAX GRANTED 
IN 1786. 

On the Petetion of the Select men of the Town of Lebe- 
non Praying that they may be athorized to make a New 
assessment of the said Town's proportion of the State Tax 
Granted in the year of our Lord 178G as it is apprehended 
There are Errors in an Assessment already made. 

Resolved that the Select men or Assessors of the said 
Town of Lehenon for the Time being, be & they hereby 
are athorized to make a New assessment of the said Tax 
agreably to the rules and Directions Contained in the act 
of the General Court Granting and apportioning the said 
Tax and to Committ the same to a Constable or Consta- 
bles ; Collector or Collectors chosen by said Town in the 
Year 1786 with a warrant or warrants Respectively to 
Levy and Collect the Same & to certifie their Doing to 
the Treasurer of this Comonwealth on or before the 
first day of May next — which Constables & Collectors 
are hereby required and empowered to collect and pay 
in the sums according to Law. January 27, 1789.* 



Chapter 62. 

RESOLVE DIRECTING THE COMMITTEE FOR METHODIZING AC- 
COUNTS TO DISCHARGE JACOB KUHN, OF THE SUM MEN- 
TIONED. 

Whereas Jacob Kuhn has exhibited his account for the 
expenditure of the sum oi sixty pounds, ten shillings, and 
four pence, being the amount of three Warrants he re- 
ceived on the Treasurer of this Commonwealth, from July 

* Approved January 30, 1789. 



Resolves, 1788. — December Session. 325 

7th. ]787 to JSFovemr, 12th. 1788 — for which sum he was 
made accounta})le. 

Hesolved, That the Committee for stating and methodiz- 
ing public Accounts, be and hereby are directed, to dis- 
charge the said Jacob Kulin of the sum aforesaid. 

January 27, 1789* 

Chapter 63. 

RESOLVE GRANTING £15 TO THE HONOURABLE THEODORE 
SEDGWICK, FOR HIS SERVICES AT CONGRESS, AND CAN- 
CELLING A WARRANT FOR £200, DRAWN THE 7th OF JULT^ 
1787, AND DIRECTING THE TREASURER IN THIS CASE. 

Whereas it appears that there is a ballance due to the 
Honble. Theodore /Sedgwick ^sqr. for his Services at Con- 
gress as one of the Delegates from this Commonwealth. 

Hesolved, That there be Allowed and paid out of the 
publick Treasury of this Commonwealth, to the Honble. 
Theodore /Sedgwick Esq. the Sum of Fifteen Pounds, 
which will be in full for his Services aforesaid to the 
present time. 

And it is further Resolved that a warrant drawn by his 
Excellency the Governor, with Advice of Council for the 
Sum of two hundred Pounds, in pursuance of a Resolve 
of the General Court of the 7th of July 1787, shall be 
cancelled and the Same Sum charged to the Said SedgwicTc 
shall be Discharged, and the Treasurer is hereby directed 
to govern himself accordingly. Januanj 28, 1789.* 

Chapter 64. 

RESOLVE GRANTING A TAX OF £1015 FOR DEFRAYING THE 
CHARGES OF THE COUNTY OF WORCESTER, ■ 

Whereas it appears by the Representation and Estimate 
of the Justices of the Court of general Sessions of the 
Peace for the County of Worcester, That it is necessary 
that the sum of Ten Hundred and fifteen Pounds — should 
be raised in the said County for the Purpose of discharg- 
ing the Debts and defraying the Charges of the said 
County : 

Therefore resolved that there be and hereby is granted 
a Tax of Ten Hundred and fifteen Pounds to be levied on 
the Polls and Estates both real & Personal within the said 

* Approved January 30, 1789. 



326 Resolves, 1788. — December Session. 

County of Worcester, and that the Clerk of the Court of 
general Sessions of the Peace for said County be & he is 
hereby empowered to apportion the said Sum upon the 
Several Towns and Districts within the sd. County in 
the manner prescribed by law and to Issue Warrants to 
the assessors of the sd. Towns and Districts for the 
assessment of the same. January 28, 1789* 



Chapter 65. 

RESOLVE MAKING AN ESTABLISHMENT FOR A COMPANY OF 
LIGHT HORSE, RAISED IN THE COUNTY OF BERKSHIRE, 
COMMANDED BY CAPTAIN SHELDON, RAISED FOR SUPPRESS- 
ING THE LATE REBELLION. 

Resolved that the several Persons whose Horses were 
employed in public Service, in a Company of light-Horse, 
raised in the County of Berkshire, for suppressing the 
late Insurrection there, and commanded by Captn. Sam- 
uel B. Sheldon, and who have not already received pay 
for the same, be allowed and paid out of the Treasury of 
this Commonwealth, tivo shillings hj the Day, for each 
Horse so employed, such persons exhibiting to the Treas- 
urer a Certificate or Certificates, under the hand of Dan 
Chappel, late Quarter-Master of the same Company, speci- 
fying the time each persons Horse or Horses were respec- 
tively employed in the service aforesaid. 

January 28, 1789.* 



Chapter 66. 

RESOLYE GRANTING £14 TO LEMUEL RICE, FOR SUPPORTING 
SAMUEL STEARNS IN GOAL. 

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth to Lemuel Rice the sum of 
Fourteen pounds in full for supporting Samuel Stearns 
when he was in prison from the thirty first day of March 
1785 to the thirtieth day of November 1785, the said 
Stear'us, then having it in his power to discharge himself 
from his confinement. January 28, 1789.* 

* Approved January 30, 1789. 



Eesolves, 1788. — December Session. 327 



Cliapter 67. 

RESOLVE ON THE PETITION OF ISAAC SEARL, GRANTING HIM 
£17 2s, FOR HIS SERVICES AS A MEMBER OF THE GENERAL 
COURT, IN 1774 AND 1778, DIRECTING THE COMMITTEE ON 
UNAPPROPRIATED LANDS TO LAY OUT A TRACT OF LAND 
IN BERKSHIRE COUNTY, EQUAL IN VALUE TO THE SUM 
MENTIONED, AND TO RETURN A PLAT FOR CONFIRMATION, 
BY THE 15th OF JUXE NEXT. 

On the Petition of Isaac Searl, praying that he may be 
allowed pay for his travel and attendance as a member of 
the General Court, in the years 1774 and 1778 — and also 
for a Journey by him made, to Neiv York, in the Service 
of Government, in the year 1773, and for his expences in 
said Journey. 

Resolved that there l^e allowed and paid out of the 
Treasury of this Commonwealth, to the said Isaac Searl 
the Sum oi seventeen pounds two shillings, in full for his 
service as a Member of the General Court as aforesaid, 
the same to l)e paid him in the same manner as the mem- 
bers of the General Court for the last year, received their 
pay for like Service, and to be assessed on the Polls and 
Estates of the Inhabitants of the Town of Williamsfown, 
in addition to the said Town's proportion of the next 
State-Tax. 

And it is further resolved that the Committee appointed 
to make Sale of the unappropriated Lands of this Com- 
monwealth, lying in the County of BerksJiire, be, and 
they hereby are directed, to lay out to the said Isaac 
Searl, so much of the said unappropriated Lands as shall 
be equal in Value to tirenty t7co pounds lawful Money, and 
to return a Plat thereof to the General Court, on or before 
the fifteenth day of June next, which being confirmed by 
the said General Court, shall vest in the said Isaac Searl, 
a good and sufficient Title to the Land so laid out and 
shall be in full satisfaction for his Journey and expences 
aforesaid. January 29, 17S9* 

Chapter 68. 

RESOLVE GRANTING £267 4s lOd, TO MR. WILLIAM COOMBS, AND 
OTHERS, A COMMITTEE FOR BUILDING THE LIGHT HOUSES 
ON PLUMB ISLAND. 

Hesolv'd that there be Allow'd & paid out of the Pub- 
lick Treasury to William Coombs, Michael Hodge & Wm. 

* Approved January 30, 1789. 



328 Resolves, 1788. — December Session. 

Barilett A Committe Appointed by a Law of this Com- 
monwealth passed JSfovr. 16 — 1787 to build Two wooden 
Light houses on the North end oi plumb Island — The 
Sum of Tivo hundred & Sixty Seven pounds four Shil- 
lings & te7i pence being in full for their Expences for Erect- 
ing & Building the said Light houses — The same to be 
paid out of the fund and in the Manner Already provided 
by Law for this purpose. January 29, 1789 * 

Chapter 69. 

RESOLVE ON THE PETITION OF MARTHA HARDING, AUTHOR- 
IZING HER TO SELL A QUARTER PART OF A MILL. 

On the Petition of Martha Harding Admr'trix of the 
Estate of Samuel Harding late of Gorham in the County 
of Cumberland Mariner Deceased and Guardian to Hannah 
Harding the only Child of said Deceased, praying that she 
may be enabled to make Sale of one Quarter Part a Grist 
Mill with its preveliges, for reasons Mentioned in said 
petition. 

Resolved, that the prayer of said petition be Granted, 
and that the said Martha, be, and hereby is fully author- 
ized, to sell the above said Quarter of a Mill, on the best 
terms she can, and to make and execute a ijood and law- 
ful Deed, of said Quarter part of said Mill to any person 
who shall purchase the same, and is directed to apply the 
money arising by said sale to the purpose of paying the 
debts of said deceased ; she observing the Rules and di- 
rections of the law for the Sale of real Estates by Execu- 
tors or administrators. January 29, 1789.* 

Chapter 70. 

RESOLVE GRANTING A TAX, OF £3000, TO BE APPORTIONED ON 
THE INHABITANTS OF THE COUNTY OF SUFFOLK, FOR DE- 
FRAYING THE CHARGES OF SAID COUNTY. 

Whereas it appears by the liepresentation of the Jus- 
tices of the Court of General Sessions of the Peace for the 
County of Suffolk, made on the 21st day of October 1788, 
that the sum of Eighteen hundred and seventy pounds, is 
necessary for discharging part of the Debts due from the 
said County of Suffolk, to the heirs of Ezekel Goldthwait 
Esquire, deceas'd and others, and that a further sum of 
Eleven hundred and thirty pounds is necessary for defray- 

* Approved January 30, 1789. 



Resolves, 1788. — December Session. 329 



ing the charges of the said County the current Year. 
Therefore 

Resolved, that there be, and hereby is granted a tax of 
Three thousand, pounds, to be apportioned and assessed 
on the Polls and Estates lying and being within the said 
County, which shall be applied, as follows — viz. Eigliteen 
hundred and seventy pounds thereof for the purpose of 
discharging a part of the debts due to the heirs of Ezehel 
Goldthivait Esquire, deceas'd and others ; and the remain- 
ing sum of Eleven hundred and thirty pounds for the use 
of said County, according to the Laws of this Common- 
wealth, to defray the necessary charges thereof the current 
Year . January 31 , 1 789 . * 

Chapter 71. 

RESOLVE ON THE PETITION OF EMERSON COGSWELL, EMPOW- 
ERING HIM TO GIVE A DEED OF THE LAND MENTIONED. 

On the petition of Emerson Cogsivell : 

Resolved that Ephraim Wood esqr. Administrator de 
bonis 71071, on the estate of Robert Cu7ning esqr. late of 
Concord deceased, l)e & he hereby is authorised &, em- 
powered to give a deed of a small peice of land lying near 
Concord meeting house that was sold by Joh7i Cuming 
esq. former administrator on the estate of the said Robert 
Cuming, to the said E7nerso7i Cogsivell, the said Cogsivell 
paying for the same according to agreement. 

January 31, 1789.* 

Chapter 72. 

RESOLVE GRANTING £655 18s. 2d, TO SEVERAL PERSONS MEN- 
TIONED IN SUNDRY BILLS OF COST. 

Whereas it appears l)y vouchers properly authenticated 
by the Clerk of the Supreme Judicial Court, that divers 
Bills of Costs, have arisen in Consequence of an Enquiry 
into the late Insurrection, and also for prosecutions for 
Treason & Sedition, in the Counties of Essex, Suffolk, 
Middlesex, Worcester, Hainpshire & Berkshire', which 
Bills of Cost are exhibited, in pursuance of a Resolve of 
the General Court passed June 10th. 1788. 

Be it resolved, that there be paid out of the Treasury 
of this Commonwealth the Sum of six hundred fifty five 

* Approved February 3, 1789. 



330 Resolves, 1788. — December Session. 

j)ounds eighteen Sliillings & two pence, to the several per- 
sons mentioned in said Bills of Cost, that is to say, to 
each one of them his proportion as taxed in the Bills 
aforesaid. February 2, 1789. 

Chapter 73. 

RESOLVE DISCHARGING THE TOWN OF HANCOCK, OF CERTAIN 

TAXES. 

Resolved that the town of Hancock be, & they are 
hereby discharged of Five hundred & thirteen pounds, 
four shillings & two pence three farthings, due from said 
town on several taxes hereinafter specified — & the Treas- 
urer is hereby directed to credit the said town of Hancock, 
the said smn in the following manner Vizt. 

On Old arrearages — Ten Pounds fifteen shillings & 
four pence two farthings. 

October Tax, in 1781 — Forty six Pounds, fifteen shil- 
lings & ten pence three farthings. 

New Emission Tax — 8ixty tivo Pounds, & six pence, 
one farthing. 

Continental Tax No. 1. Fifty nine pounds, four shil- 
lings & five pence one farthing . 

Continental — No. 2. Fifty four pounds, five shillings 
&, eleven pence two farthings. 

Tax No. 3. Fifty two Pounds, seven shillings & six 
pen ce ttvo farth ings . 

Tax No. 4. Sixty six pounds, & seven pence. 

Tax No. 5. One hund. & ticenty seven Pounds, eleven 
shillings &j five pence. 

Tax No. 6. Thirty four Pounds two shillings & six 
pence. 

And it is further Resolved that the said town of Han- 
cock be abated Ten shillings & six pence, in the valuation. 

February 2, 1789.* 

Chapter 74. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF ESSEX, AND GRANTING A TAX FOR 
DEFRAYING THE CHARGES OF SAID COUNTY. 

Whereas the Justices of the Court of General Sessions 
of the Peace for the County of Essex have exhibited to 
the General Court the accounts of the Treasurer of the 
said County, also an Estimate agreed upon by the said 

* Approved February 3, 1789. 



Resolves, 1788. — December Session. 331 

Court of General Sessions of the Peace held at Salem in 
said County in August last, amounting to Six hundred 
pounds; also another estimate agreed upon by the said 
Justices at their Session held at Neichury Port in the said 
Count of Essex on the last Tuesday of September last 
amounting to Six hundred and nineti/ Jive jjounds, making 
in the whole the sum of Twelve hundi'ed & ninety Jive 
pounds : and Whereas it appears to this Court that the 
Monies which have been heretofore Granted have been 
expended for such purposes as are authorized by law, and 
that the said accounts are right cast and well vouch'd : and 
whereas it further appears to this Court, that the said sum 
of 7\celve hundred and ninety Jive pounds is necessary to 
defray the charges of the said County : therefore 

Resolved, that the said Accounts, be, and hereliy are 
allowed ; and that there be, and hereby is Granted a Tax 
of Tivelve hundred and ninety Jive pounds^ to l)e appor- 
tioned, levied and Assessed on the Polls and Estates 
within the said County of Essex, to be collected, paid and 
applied for the use of the said County, conformably to 
the Laws of this Commonwealth. February 2, 1789.* 

Chapter 75. 

RESOLVE ON THE PETITION OF DANIEL COOLET AND MART 

HIS WIFE. 

On the Petition oi Daniel Cooley and Mary his Wife. 

Resolved, that the Clerk of the Court of Common Pleas 
within and for the County of Hampshire, be, and he 
hereby is authorized and directed, to issue an Alias Ex- 
ecution, directed to the Sheriff of the County aforesaid, 
or to either of his Deputies, in favor of Daniel Cooley 
and Mary his Wife, in their capacity as Administrators 
of the Estate oi Moses Dickinson, Junr. late of Ainherst, 
deceased Intestate, against Aaron Dickinson of the same 
Amherst; agreeably to a Judgment, recovered by them, 
the said Daniel & Mary in their said Capacity, at the 
Court of Common Pleas, holden at Sjwingjield in May 
17<S7 ; and all Proceedings thereon, shall be considered 
as good and effectual, as they would have been, if had, by 
Virtue of the former Execution : (Provided however, that 
the Execution heretofore issued, on the Judgment afore- 
said has never been satisfied) any Law or liesolve to tlie 
Contrary notwithstanding. February 4, 1789. -f 

* Approved February 3, 1789. 
t Approved February 7, 1789. 



332 Resolves, 1788. — December Sessiox. 



Chapter 76. 

RESOLVE GRANTING TO JOSIAH PHELPS, £14 5s. M. FOR HIS 
SERVICES AS A SOLDIER, THE SAME SUM HAVING BEEN 
PAID ON A FORGED ORDER. 

Resolved that there be paid out of the Treasury of this 
Commonwealth, to tlie said Josiah Phelps, the Sum of 
fourteen pounds five shillings and four pence in full for 
his Service as a Soldier, in the Second Massachusetts 
Regiment, under the Command of Col. Bailey, in the 
Continental Army, in the year 1780 — to l)e paid in the 
same manner, in which other Soldiers received thier pa}^ 
for like Services — the same having been heretofore paid 
on a forged order notwithstanding. February 4, 1789.* 

Chapter 77. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF CHELSEA, DIRECTING THE TREASURER TO CREDIT SAID 
TOWN WITH THE FINE MENTIONED. 

On the petition of the Selectmen of the town of Chealsea 
in behalf of said town, praying that a fine set on the said 
town for not sending a Representative to the General 
Court may be remitted for reasons mentioned in said 
petition. 

Resolved, that the prayer thereof be granted, and that 
the Treasurer of this Commonwealth be, and he is hereby 
directed, to credit the said town of Chealsea the sum of 
Ten p)0unds ten shillings being the amount of the fine set 
to said town for not sending a Representative to the Gen- 
eral Court, in the Year one thousand seven hundred & 
eighty-seven. February 4, 1789* 

Chapter 78. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF GOSHEN^ 
IN BEHALF OF SILVANUS STONE, GRANTING HIM £11 5s, 

On the Petition of the Selectmen of Goshen, in behalf 
of Silvanus /Stone Praying for an Allowance for a Horse 
lost in the public service for reasons set forth in said 
Petition : 

Resolved that there be Allowed and paid out of the 
Treasury of this Commonwealth unto the Said Silvanus 
Stone, the Sum of Eleven Pounds five Shillings in full 
for the loss of Said Horse. February 4, 1789 * 

* Approved February 7, 1789. 



Resolves, 1788. — December Session. 333 



Chapter 78a.* 

ORDER ON THE PETITION OF JOHN FAIRBANKS AND OTHERS. 

On the Petition of John Fairbanks & others Inhalntants 
of the Town of Warren in the County of Lincoln praying 
that they with their hinds containing two hundred and 
Fifty Acres as bounded in said Petition may l)e set ofl' 
from the Town of Warren and Annex'd to the Town of 
Union in the same County. 

Ordered that the Petitioners notify the Town oi Warren, 
by leaving with the Clerk of said Town an attested copy 
of their Petition with this Order thereon, thirty days at 
least before the second Wednesday of the first Session of 
the next General Court, that they may there shew cause 
if any they have, why the Prayer of said Petition should 
not be granted. February 4, 1789. 

Chapter 79. 

RESOLVE ON THE PETITION OF SHUBAEL EWER, GRANTING 

HIM £3 8s. 8(1. 

On the Petition of 8huhael Eiver praying that The sum 
of Eleven pounds Two shillings — by him paid on Execu- 
tion from The late Treasurer Gardner (when it appears 
by the said Treasurers Receits That nothing was due) — 
May be repaid the petitioner : 

Resolved that the Prayer of the said Petition be Granted, 
and That There be Allowed & paid To the said Shubael 
Eicer out of The Treasury of this Commonwealth the sum 
of Three pounds eight shillings & eigJit Pence, being the 
Specie Value of the sum by him paid on the execution 
aforesaid — & The Treasurer is hereby Directed to Govern 
himself accordingly. February 5, 1789. -f 

Chapter 80. 

RESOLVE ON THE PETITION OF THOMAS WALLET A'SD OTHERS^ 
MANUFACTURERS OF SAIL CLOTH, ENTITLING THEM TO SUCH 
BOUNTY, AS SHALL BEAR THE SAME PROPORTION TO THE 
BOUNTY EXPRESSED IN A RESOLVE OF MARCH 1788. 

Whereas by a Resolve passed the General Court of this 
Commonwealth on the 28 March 1788, a Bounty of Eight 

* Not printed in previous editions. 
t Approved February 7, 1789. 



334 Resolves, 1788. — December Session. 

Shillings is allowed on every piece of Topsail Duck & 
other stouter Sail Cloth Measuring Twentj^ eight inches 
in breadth & thirty eight yards in length, being the Man- 
ufacture of this Commonwealth, And Whereas it is repre- 
sented to this Court by Thomas Walley & others, that 
they have at a great Expence established a Sail Cloth 
Manufiictory in the Town of Boston, and agreeably to the 
wishes of the Merchants have conformed the Cloth made 
therein to the British Standard, which is thirty nine 
yards in length & twenty four inches in breadth, who 
therefore Pray for the Benefit of the resolve aforesaid. 

Therefore Resolved that any Duck or Sail Cloth which 
has been Manufactured in this Commonwealth since the 
passing the Resolve aforesaid, agreeably to the true spirit 
& meaning thereof, or which may hereafter be so Manu- 
factured, by Persons resident in this State, shall be intitled 
to such bounty as shall bear the same proportion to the 
bounty expressed in the aforesaid Resolve, as the length 
& breadth of such Duck & Sail Cloth, shall be to that 
of the Duck and Sail Cloth described in the Resolve afore- 
said, and examination thereof & payment therefor, shall 
be made as therein provided. February 5, 1789.* 

Chapter 81. 

RESOLVE ON THE PETITION OF DANIEL POND, GUARDIAN TO 
ASA ALOIS, A MINOR, RELEASING ALL THE REAL AND PER- 
SONAL ESTATE, WHEREOF NATHAN ALDIS, DIED SEIZED AND 
POSSESSED OF, ALLOWING NO FURTHER CLAIM FOR ANY 
DEBT OF THE SAID NATHAN. 

On the petition of Daniel Pond, Guardian to Asa Aldis, 
a minor, and only Son of NatJian Aldis late of Wrentham 
in the County of Suffolk, Trader, deceased, whose prop- 
erty has been confiscated, shewing that the said JSfathan 
died in Boston previous to the second day of September 
1775, and praying for a restoration of the said Estate to 
the use of the said minor. 

Resolved, That all the real and personal Estate, whereof 
the said Nathan Aldis died seized or possessed, and which 
has not been sold by the Commonwealth, be and it is 
hereby released and quitclaimed to the said Asa Aldis, 
and his heirs, to have and to hold the same as aforesaid, 
any forfeiture or confiscation thereof notwithstanding, the 

* Approved February 7, 1789. 



Resolves, 1788. — December Session. 335 

same Estate however to be subject to the payment of the 
just debts which the said Nathan Aldis owed, and also to 
discharge the Costs and Expences which may have accrued 
to Government in consequence of the contiscation thereof. 
And be it further Resolved, That no claim for any debt 
of the said Nathan Aldis' Estate, against the Common- 
wealth, be allowed in future, and the said creditors and 
all concerned are to govern themselves accordingly, any 
Law or Resolve to the contrary notwithstanding. 

February 6, 1789 * 

Chapter 82. 

RESOLVE ON THE PETITION OF TIMOTHY EDWARDS, ESQ; 
GRANTING HIM £43, 8s. bd. BEING THE BALANCE DUE TO 
HIM ON A FINAL SETTLEMENT OF HIS ACCOUNT, AS AGENT 
APPOINTED TO ASCERTAIN THE LINE OF JURISDICTION BE- 
TWEEN THIS STATE AND NEW YORK. 

Whereas on Roll No. 9, passed November 1787 the sum 
of Seventy three 2Jounds Eighteen Shillings &, three pence 
is reported to be due to Timothy Edwards Esq. one of 
the Agents appointed to ascertain the line of Jurisdic- 
tion between this Commonwealth and the State of Neiv 
York which sum has never been paid to said Edwards 
and whereas the said Agent has now exhibited a further 
account in which he has Credited the Commonwealth for 
money by him received out of the publick Treasury, and 
has charged the aforesaid Sum of Seventy three j^ounds 
Eighteen shillings & three pence reported in his favour on 
Roll No. 9 — and it appearing on a final Settlement of said 
Agents accounts, that there is due to him — the sum of 
forty three ijounds Eight Shillings & five pence. 

Resolved — That there be allowed and paid out of the 
publick Treasury to Timothy Edwa^'ds Esqr. the afore- 
said Sum of forty three pounds Eight Shillings and five 
pence, being the ballance due to him on a final Settlement 
of his accounts as agent for the purposes aforesaid the 
same to l)e discounted on a bond given by Samuel Brown 
& others to the Treasurer of this C'onmionwealth ; and the 
Treasurer of this Commonwealth is hereby directed to note 
on Roll No. 9 that the sum thereon reported to be due to 
Timothy Edwards Esqr. is discharged l)y this Resolution. 

February 7, 1789 * 

* Approved February 7, 1789. 



336 Resolves, 1788. — December Session^. 

Chapter 83. 

RESOLVE ON THE PETITION OF JOSEPH PERRY, PERMITTING 
HIM TO PAY CONSOLIDATED NOTES FOR THAT PART OF THE 
FORFEITURE, WHICH INURES TO THE COMMONWEALTH, IN 
CONSEQUENCE OF A SEIZURE. 

On the Petition of Joseph Perry : 

Resolved that the Petitioner be permitted to pay in to 
the Publick Treasury in the Consolidated notes of this 
Commonwealth that part of the forfeiture which inures to 
this Comonwealth in Consequence of a Seizure made of 
his Property by the Collector of impost & Excise for the 
County of Worcester in the month oi July, 1787. 

February 7,1789 * 

Chapter 84. 

RESOLVE AUTHORIZING THE COMMITTEE FOR SALE OF LAND, 
TO SELL LAND, LATE THE ESTATE OF SIR WILLIAM PEP- 
PERRELL. 

Whereas it is the opinion of the Justices of the Supreme 
Judicial Court, that the estate devised to William Pep- 
perrell Sparhawk, now Sir William Pepperrell baronet, 
by his grand father the late Sir William Pepperrell de- 
ceased situate in the towns of Kittery, Biddeford, & 
Scarhoro\ was devised to him in fee tail, & not for life. 

It is therefore Resolved, that the said opinion of the 
same Supreme Judicial Court, be placed upon the records 
of this Court, that the operation of the act passed the 
thirtieth day of April seventeen hundred & seventy nine 
entitled ' ' an act to confiscate the estates of certain notori- 
ous conspirators, against the government & liberties of 
the late Province now State of Massachusetts Bay,'' upon 
those lands may forever hereafter appear as a complete 
justification for the selling & disposing thereof in Fee 
simple as the estate of this Commonwealth, & that the 
said William Pepi^errell a minor the petitioner have leave 
to withdraw his said petition. And Whereas it appears 
that the Committee of this Court appointed by their re- 
solve of the eleventh of February Seventeen hundred & 
eighty six, to agree with Lady Pepperrell & her daugh- 
ter Sparhawk respecting their right & interest, in unim- 
proved lands in the Counties of York & Oumherland, 
devised to them for life, by the Will of Sir William Pep- 



* Approved February 7, 1789. 



Resolves, 1788. — December Session. 337 

perrell late of Kittery in the County of Yorh, deceased, 
have executed the trust reposed m them, so far as relates 
to extinguishing the said life estate therein, & have made 
partition thereof by assigning two ninth parts to hold to 
them in severalty in fee simple. 

It is therefore Resolved that the said committee or any 
two of them, be & hereby are directed to proceed in sell- 
ing the seven ninth parts of the same land, the property 
of this Commonwealth in the manner directed by said 
Resolve. 

And Whereas it appears, that there are other lands in 
the said Counties, that were the estate of the said Sir 
William Pepperrell l^aronet now of London, that by vir- 
tue of the act aforesaid of the thirtieth of April Seventeen 
hundred & Seventy nine, became the estate of this Com- 
monwealth in fee simple, in which the said Lady Pepper- 
rell & her daughter Sparhawk had no interest. 

It is therefore further Resolved that the same committee, 
or any two of them, be & herein^ are fully authorised, em- 
powered, & directed to sell & dispose of the lands, last 
mentioned, in the same way & manner, & for the same 
purposes as in the said resolve of the eleventh of Feb- 
ruary Seventeen hundred & eighty six is mentioned & 
expressed. February 9, 1789. 

Chapter 85. 

RESOLVE REQUESTING THE GOVERNOR TO ISSUE CREDEN- 
TIALS TO THE SENATORS AND REPRESENTATIVES OF THE 
FEDERAL GOVERNMENT. 

Resolved that his Excellenc}^ the Governor be & he 
hereby is requested, to make out proper Credentials, 
under the Seal of this Commonwealth, to the Honble. 
Caleb Strojig and Tristram Dalton Esqrs. elected l)y the 
Legislature as Senators to represent this State in the 
Senate of the United States, and to each of the Persons 
who have been or hereafter shall be duly Elected to rep- 
resent the people of this State in the house of Representa- 
tives of the United States, expressing in such Credentials 
the Offices to which they have been or shall l)e respec- 
tively chosen ; And the Secretary having countersigned 
the said Credentials, is hereb}^ directed to transmit the 
same with an attested copy of this Resolve, to the persons 
who have been or shall be elected as aforesaid. 



338; Resolves, 1788. — December Session. 

And the credentials for a Senator may be in the form 
followino'. 

Commonwealth of Massachusetts. 

To all people to whom these presents shall come 
[seal] Greeting . 

KNOW YE that Esq. on the day of 

in the year of Our Lord one thousand seven hun- 
dred and eii^hty was chosen by our Legislature a Sen- 
ator to represent us in the Congress of the United States 
of America for the term by the Constitution for the said 
United States expressed to commence on the first Wednes- 
day in March next, at the time & place & in the manner 
of holding elections prescril^ed by our legislature agreably 
to the powers therein vested by the constitution aforesaid. 
Given under our Seal. Witness J. H. Esq. our 

Governor & Commander in Chief at Boston the day 

of in the Year of Our Lord one thousand seven hun- 

dred & eighty nine. 

By His Excellency's command. 

J. A. Secy. 

And the credentials for a Representative may lie of the 
same form only for the words ' ' by our Legislature a Sen- 
ator to represent us" substituting the following " by the 
people of this State legally qualified therefor a represent- 
ative to represent them" and for the word " place" sub- 
stituting the word " places," February 9, 1789.* 

Chapter SQ, 

RESOLVE ON THE PETITION OF AMOS DRESSER, AND OTHERS, 
CREDITORS TO ESTATE OF AARON WILLARD OF LVN EN- 
BURGH ALLOWING AN APPEAL FROM THE DECREE OF THE 
JUDGE OF PROBATE OF THE COUNTY OF WORCESTER, TO 
THE SUPREME COURT, TO BE HELD IN SAID COUNTY. 

Upon the petitions of Amos Dresser and others, Cred- 
itors to the Estate of Aaron Willard of LunenburgJi in the 
County of Worcester Esqr. deceased, praying that the said 
Creditors may be allowed an appeal from the decree of the 
Judge of Probate of the said County so far as the same 
decree respects the acceptance of the Report of Referees 
on a certain Claim exhibited against the same estate by 

* Approved February 10, 1789. 



Resolves, 1788. — December Session. 339 

James Hicharclson o^ Bolton in the same County, also one 
other Report respecting a Claim allowed by the Commis- 
sioners ap})ointed on the Claims of the Creditors m favom* 
of John Taylor of Dour/lass in said County, Esqr. 

Resolved, That the Prayer of both the petitions for the 
reasons therein mentioned be so far granted that any per- 
son or persons, who are or shall be aggrieved by the same 
Decree, or by the allowance of either of the Claims afore- 
said or by the decree allowing or sustaining the same 
Claims, shall be, and are hereby allowed to appeal from 
any decree of the Judge of Probate for the said County 
heretofore made, respecting the same or respecting any 
Report of Referees, respecting either of the Said Claims, to 
the next Supreme Judicial Court to be holden at Worces- 
ter within and for the said County of Worcester on the third 
tuesday of April next, the Appellant or Appellants giv- 
ing bond and complying with the other requisites by Law 
provided in Appeals from the Prol)ate Court ; and the said 
Supreme Judicial Court is hereby authorized to sustain 
and decide upon the said Appeal, so far as it respects the 
two Claims aforesaid in the Same manner as if the Same 
had been duly and regularly made according to Law. 

Provided also that the Appellant or Appellants cause 
an attested copy of the Reasons of the Appeal tiled in the 
Register's Office to be left at the dwelling Houses of said 
Richardson and Taylor thirty da^^s at the least liefore the 
sitting of said Court. February 11, 1789. 



Chapter 87. 

RESOLVE GRANTING £160 TO THE LIEUTENANT GOVERNOR. 

Whereas it is necessary to the honor & interest of this 
Commonwealth that a reasonable and adequate allowance 
be made by the Legislature for the support of his Honor 
the Lieutenant Governor : 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth the sum of one hundred 
and sixty Pounds, Lawful Money, to His Honor Benjamin 
Lincoln Esquire, for his services as Lieut. Governor for 
the term of one year from the twenty eighth day of May 
last to the last Wednesday of May next. 

Fehruarij 11, 1789* 

* Approved February 13, 1789. 



340 Resolves, 1788. — December Session. 



Chapter 88. 

RESOLVE FOR BORROWING MONEY FOR THE LIEUTENANT 

GOVERNOR. 

Resolved that the Treasurer be, & he is hereby directed 
to borrow the sum of one hundred & sixty pounds, upon 
the credit of the funds described in a Resolve of the Gen- 
eral Court of the 25th of March last, and in another Ee- 
solve of the 17th. oi June last, for the purpose of paying 
the Lieut. Governor, conformably to a Resolve allowing 
the sum aforesaid, passed this day. February 11, 1789.* 



Chapter 89. 

RESOLVE FOR PAYING THE MEMBERS OF THE GENERAL COURT. 

Resolved that there be allowed and paid out of the pub- 
lick Treasury, the sum of seven shillings to each member 
of the honorable Council ; the sum of six shillings and six 
pence to each member of the Senate and the sum of six 
shillings to each member of the House of Representatives, 
for each day they have attended the Council or General 
Court the present Session ; also the further sum of one 
day's pay, for every ten miles distance each member lives 
from the place of the Court's sitting. 

And it is further Resolved, that there be allowed and 
paid out of the public Treasury to the Hon. Saml. Phil- 
lips junr. Esqr. President of the Senate and to the Hon. 
Theodore 8edgwick Esqr. Speaker of the House of Rep- 
resentatives each, the sum oi five shillings per diem for 
each days attendance on the General Court over and 
above their pay as members thereof. 

Resolved that there be allowed and paid out of the pub- 
lic Treasury to Saml. Cooper Esqr. Clerk of the Senate & 
to George Richards Minot Esqr. Clerk of the House of 
Representatives the sum oi fifty five Pounds each and to 
the Revd. Peter Thatcher Chaplain of the Two Houses of 
the General Court the sum of ticelve Pounds in full of 
their services the present year respectively. 

February 12, 1789.* 

* Approved February 13, 1789. 



Resolves, 1788. — December Session. 341 



Chapter 90. 

RESOLVE ON THE PETITION OF JOSHUA DAVIS, GRANTING £14 
25, TO BENJAMIN BRADFORD, FOR WOOD DELIVERED IN 
THE PENOBSCOT EXPEDITION. 

On the Petition of Joshua Davis : 

Resolved, that there be paid out of the Treasury of this 
Commonwealth, to Benjamin Bradford, the sum oi four- 
teen pounds two shillings in full for forty seven Cords of 
wood by him delivered to the said Joshua Davis for the 
use of the Transports in the late Penobscot Expedition, 
for which he gave a Receipt, on board the Schooner Han- 
nah at Bagaduce, August 7th 1779 — provided the said 
Bradford, either by himself or his Agent, shall discharge 
his suit against the said Joshua Davis, and shall deliver 
to the Treasurer the Receipt aforesaid. 

February 12, 1789* 



Chapter 91. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF NEW 
SALEM, EMPOWERING THE TREASURER TO ISSUE HIS EX- 
ECUTIONS AGAINST BENJAMIN GANSON. 

On the Petition of the Selectmen of JVew Salem Seting 
Forth that one Benja. Ganson one of the Collectors For 
Said town In the year 1781, had Comitted to him to Col- 
lect the Sum of one hundred Sc forty six pounds eleven 
shillings So jive pence which was Called the New Emission 
Tax & that the Said Collector Collected the Said Sum of 
the Inhabitants of The Said town but had absconded And 
had Not Paid the Same unto the Treasurer of this Com- 
monwealth & praying that the Treasurer may be Impow- 
ered & Directed to Issure his Execution Against the Said 
Ganson for Said Tax. 

Resolved that the Prayer of Said Petition l^e granted Sc 
the Treasurer of this Commonwealth is hereby impowerd 
and Directed to Issue his Execution against the said Benja. 
Ganson In Due Form of Law, Directed to the Sheriffs of 
the Countys of Worcester & hampshire For the Tax above 
Said. February 12, 1789* 

* Approved February 14, 1789. 



342 Resolves, 1788. — December Session. 



Chapter 92. 

RESOLVE ON THE PETITION OF THE PLANTATION HERETOFORE 
CALLED HOWARDSTON, NOW CANAAN. 

On the petition of the inhabitants of the town of 
Canaan — 

Resolved that the Assessors of the said town of Canaan 
be, and they are hereby directed, Avithout delay to assess 
upon the inhal)itants of said town agreably to Law, & 
make return thereof to the Treasurer of this Common- 
wealth, the several taxes laid on them prior to tax No. 6 
not heretofore assessed & paid, which by the Treasurer's 
books appear to amount to the sum of Four hundred & 
four pounds, eighteen shillings & nine pence. 

And be it further Resolved that the said town of Canaan, 
may discharge themselves of the said sum in the following 
manner — vizt. by paying to the Treasurer of this Com- 
monwealth the sum of One hundred. & nineteen pounds, in 
the same way & manner, that other towns have discharged 
similar taxes on, or before the first day of September next. 
— And one third part of the remaining sum, amounting 
to Ninety Jive pounds, six shillings, & three "pence, may be 
applied by the said town to the support of a gospel minis- 
ter among them ; also one third part amounting to Ninety 
jive pounds, six shillings, & three pence, may be applied 
for the support of a School Master, and the remaining 
third part may be applied to the making & repairing of 
roads within the said town. 

Provided that the said town shall in one year from the 
date of this resolve, produce to the Treasurer of this Com- 
monwealth a certificate under the hands of the Assessors 
or Town Clerk of the said town, shewing, that the said 
town hath fully complied, with the true intent & meaning 
of the foregoing resolve. 

And the said Treasurer is hereby directed, on receiving 
the aforesaid certificate, to discharge the said town from 
the last mentioned sums, but in default thereof the said 
town shall be held to pay the whole of the aforesaid sums 
into the Treasury of this Comonwealth : And the Treas- 
urer is hereby directed to govern himself accordingly. 

February 13, 1789.* 

* Approved February 14, 1789. 



Resolves, 1788. — December Session. 343 



Chapter 93. 

RESOLVE ON THE PETITION OF NATHANIEL TENNEY AND 
OTHERS, ASSESSORS OF A PARISH, BY THE NAME OF BY- 
FIELD, DECLARING VALID CERTAIN ASSESSMENTS. 

On file Petition of Nathaniel Tenney Joseph Hale and 
Parker Cleaveland Assessors of a Parrisli by the Name of 
Bijfield, situate partly in Newbury and partly in Roivley, 
Setting forth that they being Assessors for said Parrish in 
the year 1787 in Assessing a Tax Granted by the said 
Parrish the same year left out of the Assessment one 
Solomon Pearson he haveing Joined himself to a Presby- 
terian Society in another Parrish by which means the 
aforesaid Assessment is supposed to be illegal. 

Resolved that the Aforesaid Assessment, together with 
three other Assessments made in the said Parrish under 
Simelar Circumstances, Prior to the said year 1787 Shall 
be and they are hereby declared to ])e Valid and shall 
have the same effect in Law as though the said Pearson 
had not ben left out of the said assessments, any Law or 
Resolve to the Contrary notwithstaning. 

February 13, 1789* 

Chapter 94. 

ORDER TO THE SECRETARY TO HAVE THE BILLS ENGROSSED. 

Whereas it is necessary, in Order that the General 
Court may speadily have a recess. That the bills which 
have passed or shall this day pass the General Court be 
ingrosed as speady as Possible, 

Ordered, That the Secretary be, and he is hereby re- 
quired to imploy such a Number of Clerks to assist in that 
business as will enable him to Compleat the Ingrosing the 
said bills by to-morrow Morning nine o'Clock. — and to 
exhibit an Account for the extra expence therjein, to the 
General Court, for allowance and payment. 

February 13, 1789. 

Chapter 95. 

RESOLVE ON THE PETITION OF THE PLANTATION CALLED 
WALES, IN THE COUNTY OF LINCOLN. 

Whereas the inhabitants of the Plantation called Wales, 
in the County of Lincoln, have been required by govern- 

* Approved February 13, 1789. 



344 Resolves, 1788. — December Session. 

ment, to pay into the Treasury of this Commonwealth, 
the smn of One hundred & Seventy four pounds five shil- 
lings, as their proportion of several taxes prior to tax 
No. 6 which have been assessed, whereof they hav^e paid 
into the Treasury the sum of Fifty one pounds, six shil- 
lings & ten jience. And Whereas it appears to this Court, 
that the inhabitants of the said plantation are not of suffi- 
cient ability to pay the remaining part of said sum into 
the Treasury, 

Therefore Resolved that the said Plantation of Wales 
may discharge themselves of the remainder of the said 
sum in the following manner, vizt. One third part of the 
said sum amounting to Forty Pounds, Nineteen shillings 
&, five pence, may be applied by the said plantation, to the 
support of a School master ; and one third part, amount- 
ing to the sum of Forty Pounds, Nineteen shillings & 
five pence, may be applied to the support of a gospel 
minister, and the remaining third part amounting to the 
sum of Forty Pounds, nineteen shillings & four pence, may 
be applied to the making & repairing of roads in the said 
Plantation. 

Provided that the said plantation, shall in one year from 
the date of this resolve, produce to the Treasurer of this 
Commonwealth, a certificate under the hands of the As- 
sessors, or Clerk of the said plantation, shewing that the 
said Plantation, hath fully complied with the true intent 
& meaning of the foregoing resolve. 

And the said Treasurer is hereby directed, on receiving 
the aforesaid certificate, to discharge the said Plantation 
from the last mentioned sums ; but in default thereof the 
said Plantation shall l)e held to pay the whole of the 
aforesaid sums into the public Treasury. And the Treas- 
urer is hereby directed to govern himself accordingly. 

February 13, 1789* 

Chapter 96. 

EESOLVE ON THE PETITION OF THE TOWN OF NORRIDGE- 
WALK, FOR THE ABATEMENT OF TAXES. 

On the petition of the inhabitants of the plantation, now 
town of JVbridgetvalk — 

Resolved that the assessors of the said town of JSForidge- 
loalk, be & they hereby are directed without delay to 

* Approved February 14, 17S9. 



Kesolves, 1788. — Deceiviber Session. 345 

assess upon the inhabitants of said town agreably to Law, 
& make return thereof to the Treasurer of this Comon- 
wealth the several sums laid on them prior to tax No. 6, 
not heretofore assessed which l)y the Treasurer's books 
appear to amount to the sum of Two hiindy^ed, forty six 
pounds, five shillings. 

And it is further Resolved that the said town of Nor- 
idgeivdlk may discharge themselves of the said sum in the 
following manner vizt. hj paying to the Treasurer of this 
Commonwealth the sum of Seventy two pounds in the same 
way & manner that other towns have discharged similar 
taxes ; on or before the first day of Septr. next and one 
third part of the remaining sum amounting to Fifty eight 
pounds, one shilling, & eight pence, may be applied by 
the said town to the support of a gospel minister among 
them, — also one third part amounting to Fifty eight 
pounds, one shilling & eight pence may be applied to the 
support of a Schoolmaster, & the remaining third part may 
be applied to the making & repairing of roads within the 
said town. 

• Provided that the said town shall in one year from the 
date of this Resolve produce to the Treasurer of this 
Commonwealth, a certificate under the hands of the As- 
sessors or Town Clerk of the said town, shewing that the 
said town hath fully complied with the true intent & 
meaning of the foregoing liesolve. 

And the said Treasurer is hereby directed on receiving 
the aforesaid Certificate to discharge the said town from 
the last mentioned sums, but in default thereof the said 
town shall be held to pay the whole of the aforesaid sums 
into the Treasury, & the Treasurer is hereby directed to 
govern himself accordingly. February 13, 1789* 



Chapter 97. 

RESOLVE DIRECTING THE TREASURER TO ISSUE HIS EXECU- 
TIONS AGAINST CONSTABLES OR COLLECTORS, AND TO TAKE 
EFFECTUAL MEASURES FOR ENFORCING TAX No. 6, IN 
SPECIE, AND TO ISSUE EXECUTIONS AGAINST COLLECTORS, 
&c. OF SAID TAX, AND DIRECTING THE SECRETARY TO 
PUBLISH THIS RESOLVE. 

Whereas it appears, that there are some deficient Con- 
sta1)les and Collectors, of the taxes granted prior to the 

* Approved February 14, 1789. 



346 Resolves, 1788. — December Session. 

tax, granted the 9th day of July A D 1784, against whom, 
executions have not yet issued : 

Resolved, that the Treasurer l^e, and he is hereby 
directed, immediately to issue his executions, against all 
such deficient Constables or Collectors, except in cases, 
where he has been directed, to suspend his executions, for 
a limited time, and that time has not yet expired. 

And w^hereas it is of the greatest consequence, that the 
tax No. 6 should be collected, with all possible expedition 

Resolved, That the Treasurer be, and he hereby is 
directed, to take eflectual measures, for speedily enforc- 
ing, the collection of tax No. 6 in specie and that only, in 
such a manner, as his conduct may answer, the just ex- 
pectations of the General Court relative thereto ; and not 
by any means, admit of such delays therein, as have here- 
tofore taken place in similar cases, to the great injury of 
the Commonwealth ; And he is further directed, to issue 
his executions, against the Constables and Collectors of 
said tax, who may delay, to collect the same accordingl}^, 
& also to lay before the General Court at their next meet- 
ing, a particular Statement of his proceedings hereupon 
had, shewing the several payments made by each Town 
& District with the time of such payments, & the time 
of his issuing such Executions. 

And it is further Resolved, That the Treasurer be, and 
he is hereby directed immediately to enforce the collection 
of Taxes No. 4 and No. 5 in a Manner which will not 
admit of any delay other than such as is unavoidable. 

And it is further Resolved, That all the Unsatisfied 
Executions, now in the hands of the several Sheriffs 
within this Commonwealth for Taxes Prior to Tax No. 4 
against deficient Collectors, be, and they hereby Are Re- 
vived and continued in force untill the first day of May 
next. 

And it is further resolved, that the Secretary be, and he 
hereby is directed, to publish the foregoing resolves, in 
the Independent Chronicle, and in one of the public news- 
papers in the several Counties, where such paper is 
printed and to forward A Copy of the Same to the 
Sheriffs of the several Counties within this Common- 
wealth. February 14, 1789. 



Resolves, 1788. — December Session. 347 



Chapter 98. 

RESOLVE FOR BORROWING MONEY TO PAY THE GENERAL 

COURT. 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby empowered and directed to borrow on 
the credit of the first Monies, which shall be received 
into the Treasury, of the Tax granted the last Session of 
the last General Court, called Tax No. 6 not already 
appropriated, also of the first Monies, which shall come 
into the treasury, from the Act passed the Thirty first 
day of March last, for the purpose of raising a public 
revenue by excise, not before appropriated; and also of 
the first Monies that shall come into the treasury, from 
the specie part of two Acts passed the 17th oi November, 
1786, for the purpose of raising a public revenue, l)y im- 
post and excise, not before a})propriated, a Sum suflicient 
to pay his Excellency the Governour, two hundred and 
Seventy five pounds, in part of his Salary for the present 
Year ; and to the jNIembers of the Honourable Council, 
Senate & House of Representatives, for the amount of 
their Travel and attendance the present Session of the 
General Court ; & to the Chaplain and Clerks of the two 
Houses — the sums due to them respectively. Also the 
following sums to the Justices of the supreme judicial 
Court being the balance due to them to the 1st. day of 
Oct. last — vizt. The Honourable Wm. dishing thirty 
two pounds nine shillings, Nathaniel Peasley Sargent 
Eighty nine pounds Eighteen shillitigs — David Seival 
Twenty two pounds seven shillings & 4| — Increase 
Swnner Twenty one pounds four shillings & 2|. & 
Francis Dana Esquire Sixty Eight pounds ten shilling 
— & To the Attorney General Seventy pounds; Also to 
the Secretary of this Commonwealth Eighty pounds. & 
to the Clerks of his office thirty pounds each. To the 
Committee for methodising public Acco. Sixty p>ounds 
each & to Charles Coffin & Daniel Boyer their Clerks 
thirty pounds e&ch, Also to the Clerks of the Treasurer's 
oflSce fifty pounds each & to the Clerk employd as an 
assistant to the Senate, twenty pounds Also to the Mes- 
sengers of the Council, the Senate & House of Represen- 
tatives thirty pounds each ; all of whom, except those who 
shall receive Monies in discharge of "Warrants, to be 
Accountable for the several sums they may receive agree- 
ably to this Resolution. February 16, 1789. 



348 Resolves, 1788. — December Session. 



Chapter 99. 

RESOLVE ON THE PETITION OF THE PLANTATIONS OF WASH- 
INGTON AND SANDWICH, IN THE COUNTY OF LINCOLN, 
RESPECTING THE PAYMENT OF TAXES. 

On the petitions of the plantations of WasJiington & 
Sandwich in the County of Lincoln, setting forth, that 
they have been taxed as adjacents by the town of Win- 
throp : 

Resolved that the inhabitants of the plantations of 
Washington & Sandwich, who have been taxed by the 
town of Wintliro]) as adjacents, agreably to the several 
tax acts, prior to tax No. 6, be & hereby are held to 
pay all such taxes as have been assessed on them as afore- 
said. 

Provided that the said toAvn of Winthrop shall not 
assess the said adjacents to tax No. 6, or any other tax 
unless hereafter authorised so to do by order of the 
General Court. February 16, 1789* 

Chapter 100. 

RESOLVE ON THE PETITION OF BLODGET SMITH. 

On the Petition of Blodget Smith & others Praying to 
be Discharged from a Fine for Delinquency in not Com- 
plying with a Requisition of Goverment in December 
1780 for raising men for the Continental Army as Men- 
tioned in their Petition : 

Resolved That the Prayer thereof be Granted And that 
the said Blodget Smith and others Named in the said 
Petition be discharged from the Fine for not raising a 
man in complyance with the said Requisition, and they 
are Hereby discharged therefrom and the Treasurer is 
hereby Directed to Govern himself Accordingly. 

February 16, 1789 * 

Chapter 101. 

RESOLVE DIRECTING THE TREASURER TO CALL ON PERSONS 
INDEBTED TO THE PUBLIC, &c. 

Whereas the Treasurer of this Common Wealth has 
represented to this Court that there are moneys due to 

* Approved February 17, 1789. 



Resolves, 1788. — December Session. 349 

the Common Wealth on bonds, Notes &c. from sundry 
persons and on book from several Collectors of Impost & 
Excise, previous to April 11 1787, and from the Commis- 
sioners for expediting the Collection of Tax No. 1 : 

Therefore llesolved that the Treasurer be and he hereby 
is directed to call upon all those from whom moneys are 
due as above mentioned that they pay the same into the 
Treasurers Office without delay ; and if they do not pay 
the same within three months from the passing of this 
Resolve that the said Treasurer be and hereby is directed 
to pursue every legal method for the Speedy recovery of 
the sums that shall remain due after that time — and that 
the Treasurer cause this resolution to be published in the 
Independent Chronicle Published by Adams and JSfourse 
in Boston and in some one paper in the other Counties of 
this Commonwealth in which papers are published. 

February 16, 1789 * 



Chapter 103. 

RESOLVE ON THE REPRESENTATION OF THE COMMITTEE, FOR 
THE SALE OF LAND UNAPPROPRIATED, IN THE COUNTY OF 
BERKSHIRE, APPOINTING CAPT. DANIEL BROWN ONE OF 
THE COMMITTEE, EMPOWERING THEM TO MAKE AN ALLOW- 
ANCE TO THE SETTLERS ON ANY LAND BELONGING TO 
THIS COMMONWEALTH, WITH A PROVISO. 

On the Eepresentation of the Committee for the Sale 
of unappropriated Lands, in the County of Berkshwe — 
Stating that Samuel Kellogg Esqr. who was one of Said 
Committee is Dead — And that they wish for further 
Directions Relative to the Business assigned them — 

Resolved that Gapt. Daniel Brown Be and he hereby 
is A}ipointed one of the Said Committee in the place of 
Samuel Kellogg Esqr. Deceased. 

And it is further Resolved that the Said Committee l)e 
and they hereby are empowered and Directed to make 
An Allowance to the Settlers on any Land belonging to 
this Commonwealth in the County of Berkshire in the 
same manner, as they were Directed by a Resolve of 
June 2(3th 1786 to alloAv the Settlers oi New ashford — 
not exceeding fifty Acres to Any one Settler. 

provided however that the Said Committee shall not be 
held to Set off any Lands to Settlers, or to any persons 

* Approved February 17, 1789. 



350 Kesolves, 1788. — December Session. 

who have obtained Grants of Lands in Said County unless 
such Settler And Grantees pay the Said Committee the 
expence of Surveying and Setting off the Lands as afore- 
said — And that the Committee shall not be held to Ad- 
vertise any of the Aforesaid Lands for sale, except in the 
Pittsfield newspapers, Any Law or resolve to the Con- 
trary notwithstanding. February 16, 1789.* 



Chapter 103. 

RESOLVE ON THE PETITION OF SAMUEL CALEF, IN BEHALF 
OF THE TOWN OF CAPE ELIZABETH. 

On the Petition of Samuel Calef in behalf of the Town 
of Cajye Elizabeth praying for abatement of Taxes. 

Resolved that the Prayer of the Said Petition be so 
far Granted that the Said Town of Cape Elizabeth, be and 
hereby are abated the Sum of Sixty eight jwwids ; a part 
of the Sum Set on Said Town in Tax No. 2, and the fur- 
ther Sum oi thirty Ttvo Pounds, part of the Sum assessed 
on the Said Town, in Tax No. 6, and the Treasurer of 
this Commonwealth is hereby Directed to Govern himself 
accordingly. February 16, 1789.* 



Chapter 104. 

RESOLVE EMPOWERING THE COMMITTEE FOR THE SALE OF 
EASTERN LANDS, TO AGREE WITH SOME PERSONS TO LAY 
OUT AND CLEAR A ROAD THROUGH THE LANDS OF THIS 
COMMONWEALTH, IN THE COUNTY OF LINCOLN. 

Resolved — That the Committee for the Sale of Eastern 
Lands are hereby empowered and directed to agree with 
some person or persons to survey, lay out and clear a 
road not more than three rods wide through the lands of 
this Commonwealth in the County oi Lincoln conformably 
to the Report of a Committee appointed the 24th. oi March 
last to consider the expediency of laying out a road from 
Kenebeck to Penobscot provided the expence of surveying, 
marking out, and clearing said road does not amount to 
more than forty five pounds, the same to be paid in the 
lands belonging to this Commonwealth lying in the County 
of Lincoln. February 16, 1789.* 



Approved February 17, 17 



Resolyes, 1788. — December Session. 351 



Chapter 105. 

RESOLVE ON THE PETITION OF DANIEL SACKET, JOHN HUB- 
BARD, JOHN DEMING, ABEL PARTRIDGE AND PAUL KING, 
PERMITTING THEM TO PAY THEIR FINES IN CONSOLIDATED 
NOTES. 

On the several Petitions of Daniel SacTcet of Pittsfield, 
John Hnhhard of Sheffield & John Deming of West Stock- 
bridge all of the County oi Berkshire Abel Partridge of 
JVbrnvich and Paul King both of the County of Hampshire 
shewing that having been concerned in the late Insur- 
rections & Rebellion, they were for oftences committed 
therein severally sentenced by the Supreme Judicial 
Court to pay a certain Fine to this Commonwealth, and 
praying for a Remission of the said Fine or leave to pay 
the same in pulilic Securities. 

Resolved, That the Clemency of Government be so far 
extended towards the said Petitioners, That each of the 
said Petitioners be and He is hereby permitted to [)ay unto 
the Sherift'of the County to which He belongs, the Fine 
laid upon him as aforesaid, in Consolidated Notes of this 
Commonwealth, He paying the cost of Prosecution in 
Specie provided that such Fine & cost be so paid within 
Two Months from the passing of this Resolve, And the 
Sheriff receiving such Fine is hereby ordered to pay the 
same to the Treasurer of this Commonwealth, who is 
directed to receive the same accordingly — But if such 
Fine shall not be paid within the Term of Two Months as 
aforesaid, the Sheriffs of the Counties to which the Peti- 
tioners respectively belong shall demand & collect the 
same together with the cost aforesaid in Specie & pay the 
same into the Treasury. February 16, 1789.* 

Chapter 106. 

RESOLVE ON THE PETITION OF NOAH HALL, PERMITTING HIM 
TO ENTER HIS ACTION AGAINST SETH WILLIAMS. 

On the petition of JVoah Hall, praying for a new trial, 
or such other Relief as the General Court, shall think 
proper to grant, in a Cause, tried at the last Supreme 
Judicial Court, at Taunton in the County of Bristol, 
AYherein the said JS/oah was Appellant and one Seth Wil- 

* Approved February 17, 1789. 



352 Kesolves, 1788. — December Session. 

Uams Administrator on the Estate of 8eth Williams junr. 
deceased, was Appellee — 

Resolved, That the Prayer of said Petition be so far 
granted, as that the said Noah have a Right to prosecute 
a Writ of Review in the same Cause at the next Supreme 
Judicial Court to be holden for the said County oi Bristol, 
in the same manner as though there had l)een but one 
Verdict therein against him. 

And Whereas it appears reasonal)le that in Case the 
said Judgment should be reversed in part that the Attach- 
ment made by the said Williams should remain good but 
that any Execution which may issue, should be levyed 
anew, the Execution that has already issued, having been 
levyed after the order of the Legislature for suspending 
the same , and in the Absence of said Hall — 

Resolved, that the said Action shall be consider'd to 
all intents & purpuses as pending at the said Supreme 
judicial Court, and as though the said Cause had been 
regularly continued without Judgment from the last term 
of said Court in said County of Bristol to the next term 
of said Court in said County, that any Attachment made 
by said Williams, shall be of the same force and Validity, 
and any Execution that may issue, have the same Relation 
in time to any judgment that may hereafter be given in 
said Court as if the said Cause had never been tried but 
had been regularly continued in said Court as aforesaid, 
and that any thing done under the judgment already ren- 
cler'd be and hereby is render'd null & void. 

And be it further Resolved, that the said Noah shall 
have a Right to redeem the real Estate, that has been or 
may hereafter be taken in Execution, at any time within 
one year after the trial on the review hereby granted in 
the same manner he might redeem the same, within one 
year after taking the Same in Execution if this Resolve 
had not been passed — Any Law to the Contrary notwith- 
standing. February 16, 1789.* 

Chapter 107. 

RESOLVE APPROPRIATING THE MONEY ARISING FROM CASTLE 

PASSES. 

Resolved that the Naval Officer for the Port of Boston 
be and he is hereby directed to receive the usual & legal 

* Approved February 16, 1789. 



Eesolves, 1788. — December Session. 353 

fees for permits for Vessels to pass ])y the Garrison at 
Castle Island, and that he pay all such fees hereafter to 
he received and all such fees which he has heretofore 
received since the death of the late Captain of that Garri- 
son into the Treasury of this Commonwealth, and that the 
same be apj^ropriated towards discharging the expences 
of erecting the public Light-Houses within this Common- 
wealth & of maintaining the lights therein. 

February 16, 1789 * 



Chapter 108. 

RESOLVE REPEALING A RESOLVE PASSED OCTOBER 31st, 1788, 
ON THE PETITIONS OF THOMAS WALLCUT AND WILLIAM 
HOSKINS, AND FOR PAYING THEM TO THE TIME OF THEIR 
DISCHARGE. 

Resolved, that the resolve, of the General Court, of the 
31st October 1788, on the petitions of Thomas Wallcut and 
William Hoskins, be & hereby is repealed — 

And it is further Resolved, that there be, paid out of 
The treasury of this Commonwealth, from the monies, 
arising from an act passed the 31st of March last, entitled, 
" An Act for annexing fees to certain papers in the Sec- 
retary's Office, and for making an appropriation thereof," 
to Thomas Wallcut & William Hoskins, such sums, as are 
due to them respectively for their services in the Secre- 
tary's Office, from the date of said act to the time they 
were discharged from said Office ; the wages due to them, 
previous to the passing of the aforerecited act, being pro- 
vided for by resolves of the 25th of March last, & the 17th 
iust. February 16, 1789* 



Chapter 109. 

RESOLVE ON THE PETITION OF MOSES BROWN, AND 30 OTHERS, 
CONFIRMING A CERTAIN TRACT OF LAND ON CONDITION. 

On the petition of Moses Broivn, & thirty others, pray- 
ins; for the grant & confirmation of a certain tract of 
land, hereafter described. 

Resolved that there be, & hereby is granted to Moses 
Brown, William Brown, Benjamin Cole, Eliphalet Gil- 
more, Judith Lovel, Benjamin Brown, Abner Broivn, 

* Approved February 17, 17S9. 



354 Resolves, 1788. — December Session. 

Benjamin BacMey, Joseph Brown, Ehenezer Pinhhum, 
Benjamin Merrill, John Dag get, William Harriden, Ben- 
jamin Alden, James Samson, Morgan Brewster, Josej)h 
Samson, Michael Samson, Thomas Lindsay, Daniel 
Lothringer, Josiah Turner, Ichabod Phillips, John Whit- 
ing, Bariah Samson, Beriah Samson jun. Amos Berry, 
Princes Drensick, Jacob Pooling, Jarvis Phillij^s, John 
Larabee, & Stephen Larrabee, their heirs & assigns all 
the interest, title & claim of this Commonwealth in & to 
a tract of Land, bomicled as follows, Begining on the 
east side of Amarascogin river at a place where the south 
line of Port royal meets said river, thence runing liy the 
south line oi Port royal, & on the same course, until it 
meets the west line of the Plymouth patent, thence hy the 
line lastmentioned to a line to be drawn northwest of & 
five miles distant from, and parralell to, another line, 
runing north east from the uppermost part of the falls 
called the twenty miles falls on said river then South 
west to the said river, & then by the same river, to the 
bounds begun at, reserving four lots of three hundred & 
twenty acres each for public uses viz. one for the first 
settled minister, one for the use of the ministr}', & one 
for the use of schools within the said tract ; & one for the 
future appropriation of Government, to be laid out near 
the center of the said tract, & to average in goodness with 
the other lots therein, on the condition following Viz. 
That the said Moses & the other grantees aforesaid, shall 
pay or cause to be paid for the use of the said Common- 
wealth to the Committee on the subject of unappropriated 
lands in the Counties of York, Cumberland & Lincoln, or 
their successors in Ofiice two shillings & nine pence in the 
consolidated notes of this Commonwealth, & three pence 
in specie, for each acre contained in the said tract (ex- 
cepting the lands reserved as aforesaid) to be ascertained 
by some surveyor to be appointed by the said Committee ; 
& that one half of the amount of said tract be paid within 
six months from the date of this resolve, and the residue 
within Twelve months, from the date thereof, & in case 
of failure of payment within those periods, the grant 
aforesaid is to be considered as void & of no effect. 

February 16, 1789.* 

* Approved February 17, 1789. 



Eesolves, 1788. — December Session. 355 



Chapter 110. 

RESOLVE ON THE PETITION OF JOHN BISHOP, AUTHORIZING 
HIM TO BRING FORWARD HIS ACTION ON THE ABSCONDING 
ACT. 

On the petition of John Bishop shewing that George 
Erving a conspirator owes him a large sum of money & 
praying that he may be authorized to bring forward his 
action therefor on the aljsconding act so called against 
such persons as were indebted in divers sums of money to 
said George before the confiscation of his estate & who 
have not yet paid the same. 

Resolved that the prayer of said petition l)e granted and 
that said Jolin Bishop be & he is hereby authorized & 
impowered to bring forward his action on the absconding 
act so called and to summons such persons as appear in- 
debted to said George Erving as agents & trustees of said 
George in the same manner as if said George^ s estate was 
not confiscated ; and the Justices of the Court of Common 
Pleas and of the Supreme Judicial Court in the county 
where such Trustees shall be summoned in said action, 
are authorized to render judgment against the estate of 
said George in the hands of said Trustees, if said George 
shall appear indebted to said John in the same manner &. 
to have & use the same proceedings as if said estate had 
not been confiscated. February 16, 1789.* 

Chapter 111. 

RESOLVE ON THE PETITION OF JOHN WELCH, JUN. GIVING 
HIM LIBERTY TO SATISFY THE EXECUTION IN CONSOLI- 
DATED PUBLIC SECURITIES. 

On the Petition of John Welch Jr. of Boston praying 
for liberty to pay & satisfy an Execution against him in 
favour of the Commonwealth, for the sum of about one 
hundred & eleven pounds in the Consolidated public 
securities of this Commonwealth, for reasons set forth in 
said Petition. 

Resolved, that the prayer of the Petition be so far 
granted, as that the said John Welch, Jr. have Liberty to 
pay & satisfy the said Execution, in the consolidated pub- 
lic securities of this Commonwealth, excepting the costs 
of prosecution — and the Treasurer is hereby directed to 
govern himself accordingly. February 16, 1789.-\ 

* Approved February 17, 1789. f Approved February 16, 1789. 



356 Resolves, 1788. — December Session. 



Chapter 112. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF YORK, AND GRANTING A TAX. 

Whereas it appears by the Representation of the Jus- 
tices of the Court of General Sessions of the peace For 
the County of york that the monies granted and allowed 
by said Court have been Expended for such purposes as 
by Law required : therefore 

Resolved that the said account be allowed — And 
whereas it appears by the Estimate of the said Court of 
General Sessions of the County aforesaid That the sum 
of one hundred & Eighty pounds Eighteen Shillings & Ten 
pence is necessary to be Raised for defraying the Charges 
of the said County the currant year. 

Resolved that there be and hereby is granted a Tax of 
one hundred and Eighty pounds Eighteen Shillings & ten 
pence To be apportioned & assessed on the polls and 
Estates of the Inhabitants of the County aforesaid & to be 
applied to the use of said County according to the Lawes 
of this Commonwealth to defray the necessary Charges 
thereof the Currant year. February 16, 1789. 

Chapter 113. 

RESOLVE MAKING AN ESTABLISHMENT FOR THE GARRISON, 
AT CASTLE ISLAND. 

Whereas it is expedient, that the Castle in the Harbor 
of Boston should continue to be garrisoned with officers 
& matrosses ; and the establishment made the 21st of 
March 1786, is near expiring: 

Resolved that there be appointed & commissioned for 
the purpose aforesaid. 

One Captain Lieutenant, Three Quarter gunners, 

One first Lieutenant, Four Serjeants, 

One Gunner to be commis- Four Corporals, 

sioned as second Lieuten- One Drum, 

ant, One Fife, 

One Chaplain, Fifty Privates, 

to be properly formed into one company, the non com- 
missioned officers and privates to be enlisted for the term 
of three years, unless sooner discharged to do garrison & 
fatigue duty at said Fort, the said non commissioned Offi- 



Resolves, 1788. — Deceiviber Session. 357 

cers & privates not to be called ofl' from the said duty, for 
any other than what belongs to the said fort. 

And that the following establishment be allowed to the 
Officers & men who shall compose the said company vizt. 

Captain Lieutenant, Six pounds per month, 

First Lieutenant, J^ive pounds per month, 
Gunner commis-'j 

sioned as second )>■ Four pounds per month, 

Lieutenant, J 

Chaplain, Five pounds per month , 

Each Quarter gunner. Two pounds per month. 

Each Serjeant, Thirty Six shillings per month. 

Each Corporal, Thirty shillings per m.onth, 

Each Drum & Fife, Thirty shillirigs per month, 

Each Matross, Twenty six shillings per montJi , 

Overseer of the Con- ) Four pounds, ten shillings 

victs, 5 V^'^' month, 

And each non commissioned Officer & Private in the said 
com})any, shall receive one suit of clothes a year, for each 
year, they shall continue in the said service, & the pay of 
each Officer & Soldier shall be made them quarterly. 

Resolved that his excellency the Governor be & hereby 
is authorised & empowered by & with the advice & con- 
sent of Council to appoint some suitable person, as a 
Chaplain to the Garrison aforesaid — And it is further 

Resolved that it shall l)e the duty of the person who 
shall be appointed Ijy virtue of the foregoing resolve to 
officiate as Chaplain to the garrison on Castle Island in 
the Harbour of Boston, to reside constantly on the said 
Island, & there to perform divine service by preaching to 
& praying with the said Garrison and such others as reside 
on the said Island every Lord's day ; & also by reading and 
praying with them every morning, & evening, at proper 
and stated hours unless necessarily prevented ; and to 
perform all other duties of religion & piety that may best 
tend to y)romote virtue & good morals in the said Garrison. 

And the Commissary General is hereliy empowered & 
directed to provide on the said Island such decent accom- 
modations for such Chaplain, when appointed, as may be 
suitable to his character & profession. 

Fehr^mry 10, 1789.* 

* Approved February 16, 17S9. 



358 Resolves, 1788. — December Session. 



Chapter 114. 

RESOLVE ON THE PETITION OF THE NON COMMISSIONED 
OFFICERS AND SOLDIERS IN SERVICE AT CASTLE ISLAND, 
DIRECTING THE TREASURER TO BORROW £500 TO DIS- 
CHARGE THEIR ARREARS OF PAY. 

On the Petition of the non commissioned officers & 
Soldiers, in service at Castle Island. 

Resolved, for reasons set forth in the said Petition, that 
the Treasurer of this Commonwealth be directed to bor- 
row a smn not exceeding j^ve hundred pounds to discharge 
part of the arrearages which are due to the officers & 
Soldiers of that garrison, or to pay to the aforesaid offi- 
cers & Soldiers the sum aforesaid out of the first monies 
which shall be received in the Treasury from Tax No. 6, 
not already appropriated, the said Sum being a quarters 
pay to the said Garrison. February 16, 1789* 

Chapter 114 a. t 

ANSWER TO THE GOVERNOUR'S MESSAGE OF FEBRUARY 13, 1789, 
RELATIVE TO THE JUDGE OF PROBATE FOR THE COUNTY 
OF BRISTOL AND TO THE SHERIFF OF THE COUNTY OF 
PLIMOUTH. 

May it j)lease your Excellency — 

The two houses of the legislature have duly considered 
your message, relating to the Judge of Probate for the 
County of Bristol, & to the Sherifi" of the County of 
Plimouth, with the advice of Council accompanying the 
same ; and would thereupon inform your Excellency, that, 
as they perfectly concur with the advice your Council 
have given you, upon the subject of the said Judge of 
Probate, so are they convinced, that, if he should con- 
tinue to hold that office, and, at the same time, discharge 
the duties of a representative in Congress, any future 
legislature will make such an address to the Governour, 
as will authorise him, with the advice of Council, to ap- 
point and commission some other person, to execute that 
office in the County of Bristol. 

As the Sheriff of the County of Plimouth holds his 
Office, during the pleasure of the Supreme Executive, and 
is, at any time, removable by the Governour, with the 
advice of his Council, and not otherwise, (unless by the 

* Approved February 16, 1789. f Not printed in previous editions. 



Resolves, 1788. — December Session. 359 

Senate ou impeachment) which right of advising the Gov- 
ernonr in such cases, is exclusively vested in the Council, 
by the provision made in our Constitution, the two houses 
do not conceive the intervention of the legislature upon 
that sul)jeet, either necessary or proper ; and from the 
conduct and advice of your council, they see no reason 
to doul)t the wisdom of that constitutional provision. 

• February 16, 1789. 

Chapter 115. 

RESOLVE ON THE PETITION OF JOSEPH ADAMS, AMMI CUT- 
LER, &c. 

Upon the Petition of Joseph Adams Ammi Cutler & 
Jeduthan W illing ton a Conwwitteo, of the north west Parish 
in Cambridge in the County of Middlesex praying for Re- 
liefe from a Judo;ment recovered against them and Samuel 
Whittemore, by James Sidlivan of Boston Esq. Admr. 
with the "Will annexed of the Estate of Samuel Cook late 
of Cambridge in the County of Middlesex Deceased for 
the sum of Two Hundred and Sixty nine Pounds & Seven 
pence lawfuU money Debt, & Costs Taxed at four Pounds 
fourteen shillings at the Supreme Judicial Court held at 
Boston the last Tuesday of august A D 1786, which Judg- 
ment was founded on the award of Mess. Nathaniel Gor- 
ham William Winthrop & James Wyman arl)itrators 
between the Inhabitants of said Parish and the said admr. 
relateing to arrears due to said Cooh for Sallary in his life 
Time l)y which award it appears the said arbitrators did 
not consider in their award certain Payments suggested 
to be made by sd. Parish to sd. Cook's Estate since his 
decease. 

Resolved that the Prayer of the said Petition be so far 
granted as that the Judge of Probate for the County of 
Middlesex lie and he hereby is directed and im[)Owered to 
take into Consideration all such sums not considered by 
said Arbitrators, and such of them as he shall find to be 
just and reasonable to allow such accounts so allowed 
by him shall be indorsed on the Excution Issued on sd. 
Judgment and go towards dischargeing the same — and 
that the same sum be allowed to the sd. admr. by the said 
Judge on the Settlement of sd. Cooks Estate : The said 
Petitioners to notify the sd. admr. of the Time and Place 
the sd. Judge may appoint for the examination of said 



360 Resolves, 1788. — December Session. 

Accounts, Six Days before the Time of examination, and 
that the Execution Issued on the Judgment aforesaid be 
stayed untill the first Day of May next. 

February 17^ 1789. 

Chapter 115a.* 

RESOLVE ON THE PETITION OF JAMES BOIES OF MILTON. 

On the Petition of James Boies oi Milton. 

Resolved for reasons set forth in said Petition That the 
Treasurer be & hereby is directed to discharge & cancell 
two Bonds given to Harrison Gray Esqr. Treasurer of the 
late Province now Common Wealth of Massachusetts, by 
James Boies &, others the one dated Jany. 7th. 1764, & 
the other dated the 30th Jany. 1773, each Conditioned for 
the payment of Two hundred pounds without interest. 

Provided that the said Ja7nes Boies shall pay the sum 
oi Four hundred 2')0unds in quarterly payments of Twenty 
five pounds each, untill the whole is paid, in good printing- 
paper at the Cash price, the same to be deliver'd for the 
use of this Common-Wealth to the Printer who now is or 
may hereafter be employed to Print the Acts & Resolves 
of Government, he the said Printer, accounting for the 
same, the first payment to be made in three months from 
the passing of this Resolve. February 17, 1789. 

Chapter 116. 

RESOLVE FOR BORROWING MONEY FOR THE JUSTICES OF THE 
SUPREME JUDICIAL COURT. 

Whereas it appears that the balance Stated in a Resolve 
passed on the 16th Instant as due to the Justices of the 
supreme Judicial Court to the 1st day of Oct. last, was 
exclusive of sundry Warrants drawn for their pay, and 
which are now in their possession : 

Therefore Resolved that the Treasurer of this Common- 
wealth be, & he hereby is Authorised and Directed to 
borrow a sum of money sufficient to discharge the war- 
rants drawn in favour of the Justices of the supreme Ju- 
dicial Court, which are not already provided for, & to 
pledge such funds for the repayment of the same as are 
provided by a Resolve passed on the 16th Instant for bor- 
rowing money to pay the General Court — &c. 

February 17, 1789. 

* Not printed in previous editions. 



Resolves, 1788. — December Session. 361 



Chapter 117. 

RESOLVE AUTHORIZING THE TREASURER TO CALL UPON WIL- 
LIAM GREENLEAF, TO RETURN ALL EXECUTIONS COMMITTED 
TO HIM, ON OR BEFORE THE FIRST OF APRIL NEXT. 

Whereas William Greenleof Esqr. Late Sheriff of the 
County of Worcester is Removed from office & it appears 
that there are Large sums of money Due from him to the 
Commonwealth on Executions Committed to him against 
Collectors of Publick taxes, & other Publick monies : 

Resolved that the Treasurer of this Commonwealth be, 
and he is hereby authorised & directed forthwith to call 
upon the said William Greenleaf, to return all the execu- 
tions which have been committed to him by any Treasurer 
of this Commonwealth into the Treasurer's Office on or 
before the first day of April next — and at the same time 
to exhibit a statement of his accompts including all fines 
& forfeitures, & other public monies in his hands. And 
if the said William Greenleaf shall neglect or refuse to 
pay in to the Treasury of this Commonwealth the balance 
due from him on settlement, on or before the 20th of May 
next the Treasurer is hereby further ordered & directed 
to issue his executions against the body & estate of the 
said Greenleof ioY such balance. February 17 ^ 1789 * 

Chapter 118. 

RESOLVE EMPOWERING THE SELECTMEN OF ROCHESTER, RE- 
SPECTING SLUICE WAYS IN MATTEPOISET RIVER. 

Whereas it is by Law provided that the Selectmen of 
the Town of Rochester are authorized to open the sluice 
ways in the Dams across Mattepoiset River on the second 
Monday of April Annually for the purpose of Letting the 
fish calld Alewives pass said Dams which is found to be 
too late a period : 

Therefore resolved that the said Selectmen are herel)y 
authorized to open said Sluiceways on any day between 
the last day of March & the Second monday of april annu- 
ally which when thus o[)ened shall remain open til the 
twentieth day of May under the same penalty as is pro- 
vided by Law in case of their being res|)ectively stoped 
between the Second Monday of ajwil and the twentieth 
day of May . February 17,1789. 

* Approved February 18, 1789. 



362 Resolves, 1788. — December Session. 



Chapter 119. 

RESOLVE FOR ENCOURAGING THE COTTON MANUFACTORY AT 

BEVERLY. 

Whereas it is essential to the true interest of this Com- 
monwealth to encourage within the same the introduction, 
& establishment of such manufactures as Avill oive the 
most extensive & profitable employment to its citizens, & 
thereby instead of those emigrations which are ruinous to 
the State, encrease the number of manufacturers who by 
consuming the productions of the soil, will add to the 
value of it : 

And Whereas John Cabot & others who have been in- 
corporated by the name of the Proprietoi^s of the Beverly 
Cotton manufactory^ have set forth to this Court, the difi- 
culties & extraordinary expences that attend the introduc- 
tion of the Cotton manufactory to be such as require the 
assistance of Government : 

For the support & encouragement of said manufactory, 

Be it Resolved, that there be granted, & there hereby is 
granted accordingly, & conveyed to John Cabot, Joshua 
Fisher Henry Higyinso7i, Moses Brown, George Cabot, 
Andrew Cabot, Israel Thorndike, Isaac Chai:>man, and 
Deborah Cabot, they being members of the said Corpora- 
tion, the value oi five hundred pounds lawful money iii 
specie to be paid in the Eastern lands the property of this 
Commonwealth — the said lands to be valued ascertained 
& Conveyed by the Comittee for the sale thereof; to have 
& to hold, the same, with the appurtenances, to them, & 
their heirs & assigns, forever, for their use, as tenants in 
common, in the proportion following, to luit, to the said 
JoJin Cabot ten fortieth parts, to the said Joshua Fisher, 
nine fortieth parts, to the said Henry Higginson Four for- 
tieth parts, to the said Moses Broivn, four fortieth parts, 
to the said George Cabot, four fortieth parts, to the said 
Andrew Cabot two fortieth parts to the said Israel Thorn- 
dike four fortieth parts, to the said Isaac Chapman one 
fortieth parts & to the said Deborah Cabot two fortieth 
parts. 

Frovided however, that this Resolve, & the grant afore- 
said, shall be void, &. the said land shall again revert to 
this Commonwealth, unless the said Corporation, or the 
said Grantees, their heirs or assigns, shall manufacture 



Eesolyes, 1788. — December Session. 363 

within seven years from the passing of this Resolve a 
quantity of Cotton, & Cotton & Linnen peice goods of a 
quality usually imported into this Commonwealth, not less 
than Fifty Thousands of yards, & shall keep in a book, a 
full & true account of the several kinds, & the Quantity 
of each kind, & the value of the same, which account shall 
be verified by the Testimony of at least two of the proprie- 
tors on oath, & a fair copy thereof be lodged in the Secre- 
tary's Office, or unless the said Corporation, or the said 
Grantees their Heirs or Assigns, shall pay to the Treas- 
urer of this Commonwealth Five hundred pounds in Gold 
or Silver within eight years after the passing of this Re- 
solve. " "^ February 17, 1789 * 

Chapter ISO. 

RESOLVE LIMITING THE TIME FOR SETTLING WITH THE ARMY, 
AT THE EXPIRATION OF WHICH THE COMMITTEE ARE TO 
DELIVER THE BOOKS AND PAPERS TO THE TREASURER AND 
DIRECTING THE SECRETARY TO PUBLISH THIS RESOLVE. 

Whereas a committee was appointed by a resolve of the 
General Court of the 17th of April 1781 empowering & 
directing them to settle with this State's quota of the Con- 
tinental army for the depreciation of their wages for the 
year 1780, and all the allowances made them agreably to 
the resolves of the General Court, which Committee hav- 
ing been kept in Office, for near eight years at a very 
consideral)le expence to government for the purpose of 
compleating the said business ; and it being unreasonable 
that the Commonwealth should be suljject to such con- 
tinual expence on account of the delays of claimants : 

Therefore Resolved, that the power given to the said 
Committee by the said resolve of April 17th 1781 shall 
cease at the expiration of the last day of August next. 
And the said Committee be & they are hereby directed 
as soon as may be after the expiration of the said last 
day of August to deliver in to the Treasury Office all 
the account books, rolls, and papers, that shall then be in 
their possession, and that may have relation to the said 
business. 

And it is further Resolved that no application for pay- 
ment of wages & allowances, referred to in the said Re- 
solve shall be admitted after the expiration of the said last 

* Approved February 18, 1789. 



364 Resolves, 1788. — December Session^. 



day of August unless such wages & allowances shall pre- 
vious thereto have been settled & certified by the said 
Committee. 

Resolved that the Secretary be & he is hereby directed 
to cause the aforegoing resolves to be published six weeks 
successively in one of the Newspapers in each County of 
this Commonwealth, where a newspaper is published. 

February 17, 1789.* 



Chapter 131. 

RESOLVE ON THE SUBJECT OF AMENDMENTS, AND THE LETTERS 
FROM VIRGINIA AND NEW YORK. 

Whereas his Excellency the Governour has communi- 
cated certain Letters from the Governours of Virginia, & 
JVew Yorh, with their respective Inclosures, on the subject 
of calling a Convention for the amending the Constitution 
of the United States : And Whereas the answer to His 
Excellency's Message at the beginning of the present Ses- 
sion of the General Court is expressive of the Opinion of 
the Legiskiture on that subject : 

Be it therefore Resolved, That his Excellency the Gov- 
ernour be, & he is hereby requested to w^rite to the Gov- 
ernours of Virginia and J^eio York, in answer to their 
Letters, and to express the Sentiments of the Legislature 
contained in the reply to his Excellency's Message afore- 
said, as the opinion of the Legislature on that Subject. 

February 17, 1789, 



Chapter 133. 

RESOLVE ON THE PETITION OF NATHANIEL BRIDGE AND 

OTHERS. 

On the Petition of Nathaniel Bridge and others repre- 
senting to this Court that in the year 1771 the General 
Court Granted unto the heirs or legal Kepresentatives of 
David Phips Esq. and others a Township in the Eastern 
parts of this State on certain conditions set forth in said 
Petition and that the late war made it impossable for them 
to compleat the said Conditions, and praying for a further 
time to be allowed them for that purpose. 

* Approved February 18, 1789. 



Kesolves, 1788. — December Session. 365 

Resolved that the prayer of said Petition be ofranted and 
that they be allowed the further time of three years from 
the passing of this resolve to compleat the Conditions 
which were injoyned on them by the General Court. 

February 17, 1789. 

Chapter 133. 

RESOLVE ON THE PETITION OF ELIZABETH POPKIN. 

On the petition of Elizabeth PopTcin praing for an allow- 
ance and payment of her acct. here with exhibited it being 
for servisses done for this Common Wealth by her late 
husband Thomas PopMn for reasons set forth in sd. 
Petition. 

Resolved that the prayer of the petition be so far granted 
that the sd. accont be refered to the Committe on accts. 
for there examination who are impowered to allow and 
pay the whole or such part as they in their Jugment shall 
think to be right — any law or resolve to the Contary 
not'^nthstanding. February 17, 1789. 

Chapter 124. 

RESOLVE ON THE PETITION OF THOMAS WALLET, ESQ. 

On the petition of Thomas Walley Esquire, late one of 
the Committee for stating^ and settle ingf the accounts of 
this Commonwealth with the United States, praying, " that 
the Treasurer may be enabled to discharge the Avarrents 
drawn in his favour for said services," for reasons men- 
tioned in said petition. 

Resolved, that the prayer thereof be granted, and that 
the Treasurer, be, and he hereby is directed to borrow on 
the credit of the funds specified in a Resolve of the Gen- 
eral Court passed the 25 day of March 1788, the sum of 
one hundred & forty four pounds, to enable him to dis- 
charge the amounts of the Warrents drawn in favour of 
Thomas Walley Esquire for his services aforesaid. 

February 17, 178.9.* 

Chapter 125. 

RESOLVE ON THE PETITION OF NATHANIEL TRACT, ESQ. 

Upon the petition of Nathaniel Tracy Esq. 
Resolved that James Lovell Esquire Collr. of Excise for 
the County of Suffolk he & he hereby is authorised & em- 

* Approved February 17, 1789. 



366 Resolves, 1788. — December Session. 

powered to discharge an Execution against the said Nathan- 
ielioY the sum of Six hundred & fifty one pounds, seventeen 
shillings & six jjence for Excise due from the said iVa- 
thaniel to tlie Commonwealth upon the said NathanieVs 
paying and satisfying the said Execution in public securi- 
ties of the consolidated debt of this Comon wealth & pay- 
ing the costs that have arisen on said suit in Specie. 

February 17, 1789. 



Chapter 136. 

RESOLVE ON THE PETITION OF JOSEPH BATES. 

On the petition of Joseph Bates. 

Resolved, that the Selectmen of the town of Cambridge 
be & they hereby are empowered to order Twenty one 
feet of the southwesterly end of the store belonging to this 
Comon wealth, which is on Cambridge common, to be 
taken down, they causing the end of the remaining part 
of the said store to be closed, & also to remove the yard 
fence Twenty one feet back from the southwesterly end of 
said yard ; the said Bates to be at the expence of the 
aforesaid alterations & to have the materials that shall be 
so taken down. February 17, 1789. 



Chapter 137. 

RESOLVE EMPOWERING THE JUSTICES OF THE SESSIONS TO 
PURCHASE THE LOWER BRIDGE ON PRESUMPSCVT RIVER, 
IN THE TOWN OF FALMOUTH. 

Whereas it is represented to this Court, that the Bridge 
called the lower Bridge on Prescumpscut River in the 
Town of Falmouth in the County of Cumberland, is pri- 
vate property, and supported by a Toll, which is a great 
burden on Travellers : Therefore 

Resolved that the Justices of the Peace for the County 
of Cumberland at their Session in May next, l)e and they 
are hereby impowered, to purchase said Bridge of the 
proprietors, and Assess the cost of the same on the Inhab- 
itants of the several Towns in the said County of Cumber- 
land, likewise the charge of repairing said Bridge from 
Time to Time. February 17, 1789. 



Eesolves, 1788. — December Sessioi^. 367 



Chapter 128. 

RESOLVE DIRECTING THE COMMITTEE ON ACCOUNTS TO CALL 
ON ALL PERSONS INDEBTED TO THE COMMONWEALTH. 

Resolved that the Committee for stating and methodiz- 
ing accounts be and hereby are directed to call on all 
persons and corporations who have received monies out 
of the Treasury of this Commonwealth for which they 
were accountable, that they account for & settle the same ; 
and if any person or Corporation shall refuse or neglect 
to settle and pay the l)allances due from them for the space 
of three months from the time of passing this resolve that 
the Attorney General proceed to prosecute each delin- 
quent without delay. And the said Committee are di- 
rected to furnish the Attorney General with the accounts 
for that purpose. 

And it is further Resolved that the aforesaid committee 
be, & they are hereby empowered, to settle with any per- 
son or persons, who have received articles of any kind, as 
well as specie belonging to the Comonwealth & to call 
upon all such persons who neglect to make such settle- 
ment ; and to publish this Resolve three weeks successively 
in the Independant Chronicle. February 17, 1789.* 

Chapter 128a. 

RESOLVE ON THE PETITION OF JOHN SMITH. 

On the Petition of John Smith praying that a mistake 
in a resolve passed the General Court in JVovr. last l)e 
rectified. 

Resolved that the petitioner cause the said Shubcd 
Lovely named in said Resolve to be served with a Copy 
of his petition and of this resolve at least twenty days 
before the second Wednesday of the first session of the 
next Genera] Court that he may then appear & shew 
Cause if any he have why the prayer of said Petition 
should not be granted — and that the action against the 
Baile of the said Smith be continued in the mean time. 

February 17, 1789. 

Chapter 129. 

RESOLVE ON THE PETITION OF THOMAS BAILEY. 

Upon the petition of Tliomas Bailey praying he may be 
discharged as a Collector for the tax in 1796. 

* Approved February 17, 1789. 



368 Resolves, 1788. — December Session. 

Resolved that the prayer of the said Bailey's petition 
be granted & that the Treasurer be directed to receive 
from said Thomas Bailey the sum of One hundred & nine- 
teen pounds in indents instead of One hundred & nineteen 
jjounds in army notes & that upon receipts of said sum 
said Bailey be discharged l)y the Treasurer as aforesaid — 
Provided he the said Bailey has paid all the residue of 
said tax committed to him to collect. 

February 17, 1789. 

Chapter 130. 

RESOLVE ON THE PETITION OF DR. JOSEPH WHIPPLE AND 
CAPT. SAMUEL LAHA. 

On the Petition of Joseph Whipple Physician and Capt. 
Samuel Laha, for improving the House on Rainsford 
Island as an inoculating Hospital. 

Resolved that the Prayer of the said Petition be so far 
granted, That the said Petitioners be and they are hereby 
allowed to improve the said House on Rainsford Island 
under the Direction of the Selectmen of the Town of 
Boston as an inoculating Hospital and for such Time as 
the said Selectmen shall judge proper not exceeding one 
year, they the said Petitioners complying with the Direc- 
tions and Restrictions of the Law for regulating Hospitals 
for inoculating with the small Pox and during the Use of 
the said House, receiving and attending gratis all the Sick 
that shall be sent to the said Hospital on Account of the 
-Commonwealth. February 17, 1789. 

Chapter 131. 

RESOLVE ON THE PETITION OF THOMAS SMITH AND NATHAN 
BARLOW, IN BEHALF OF THE ASSESSORS OF SANDWICH. 

On the Petition of Thomas Smith & Nathan Barloiv in 
behalf of the assessors of the Town of Sandwich praying 
they may be allowed a longer time to commit that Town's 
proportion of the Tax granted by the General Court in 
their session in March last past to a collector or collectors 
for Reasons mentioned in said Petition. 

Resolved, that the prayer of said Petition be granted 
and the assessors of the said Town of Sandwich are 
hereby allowed a further time viz. til the first Day of 
march next to commit a list or lists of said Tax to the 



Kesolves, 1788. — December Session. 369 

Collector or Collectors Constable or Constables of said 
Town with warrants in due form of Law to collect the 
same & to pay it to the Treasurer of this Common Wealth 
on or before the first Day of may next, and to certify the 
Treasurer of this Commonwealth of the person or persons 
to whom the same shall be Commited together with the 
sum or sums to Such Constable or Constables, Collector 
or Collectors respectively Commited any thing in said 
Tax Act to the Contrary notwithstanding — and the said 
constable or constables collector or collectors shall have 
the same power & authority in collecting the same as 
if seasonably committed to him or them. 

February 17, 1789 * 

Chapter 132. 

RESOLVE ON THE PETITION OF EDWARD AND ISABELLA 

DA IVES. 

On the Petition of Edward Daives and Isabella Dawes 
praying that a certain decree or Judgment of divorce 
made & passed the 30th of. December 1779 dissolving the 
bonds of marriage between them the said Edward and 
Isabella may be reversed and annulled for reasons set 
forth in said Petition. 

Resolved That the said decree or Judgment of divorce 
made and passed on the thirtieth day of December in the 
year of our Lord one thousand seven hundred and seventy 
nine dissolving the bonds of marriage between the said 
Edward Dawes & Isabella Daives as aforesaid be & hereby 
is reversed & rendered wholly null and void. 

February 17, 1789* 

Chapter 133. 

RESOLVE ON THE PETITION OF THE SELECT MEN OF POWNAL- 

BOROUGH. 

On the Petition of the Select Men of the Town of Pow- 
nalborongh Praying that they May be allowed to assess 
the Last State Tax and Make Return to the Treasurer of 
the Commonwealth and Deliver the Same to the Severel 
Constables to Collect and that a Reasonable Time May be 
allowed the Constables to pay the Same into the Treasury 
of the Commonwealth. 

* Approved February 17, 1789. 



370 Resolves, 1788. — December Session. 

Resolved that the Prayer of the Said Petition be granted, 
and that the Select Men or the assessors of said Town of 
Pownalborough be & they hereby are allowed and im- 
powered to assess Said tax on the Inhabitents of the town 
of Pownalborough and Make Return of the Sum or Sums 
So Assessed on Said inhabitents to the Tresurer of this 
Commonwealth — 

and it is further Resolved that the severel Constables of 
the Town of Pownalborough Shall be allowed to the first 
Day of ^September Nixt to make up and Sattle their ac- 
counts with the Tresurer of the Commonwealth, and the 
Said Tresurer is directed to Govern himself accordingly. 

February 17, 1789 * 

Chapter 134. 

RESOLVE ON THE PETITION OF JOHN LUCAS, COMMISSARY 
OF PENSIONERS. 

Resolved That the Treasurer be authorised and directed 
to apply as soon as may be to the honble. the Board of 
Treasury of the United States, for the adjustment and 
allowance of the Account of the said Commissary of Pen- 
sioners from 1st January 1782 to 1st January 1788, as 
passed by the Committee for methodizing Public Accounts, 
together with the Treasurer's Statement of Interest there- 
upon ; and that the Treasurer do further apply to the 
delegates of this State in the honble. Congress for their 
aid and influence in obtaining an adjustment of said 
Accounts. " February 17, 1789 * 

Chapter 135. 

RESOLVE ON ACCOUNTS OF CLERKS FOR ENGROSSING BILLS. 

Resolved that there be allowed & paid out of the Public 
Treasury, to William Harris the sum of Four pounds in 
full for writing performed by him and five others, as by 
his account exhibited. February 17, 1789. 

Chapter 136. 

RESOLVE ON THE PETITION OF THOMAS WALLCVT. 

On the petition of Thomas Wallcut. 
Resolved that the Treasurer be directed to receive of 
Thomas Wallcut the sum of Thirty seven pounds, thirteen 

* Approved February 17, 1789. 



Resolves, 1788. — December Session. 371 

shillings^ in orders which he received for wages as a Clerk 
in the Secretary's Office, & to pay him that sum in the 
same manner as other wages due to said Wallcut upon 
warrants that remain to be discharged. 

February 17, 1789. 



Chapter 137. 

RESOLVE ON THE PETITION OF SAMUEL PHILLIPS. 

On the Petition of Samuel Phillips. 

Resolved, for reasons set forth in the said Petition, that 
the Judge of Probate of Wills &c. in the County of Mid- 
dlesex, be, and he is hereby authorised to recommit to the 
Commissioners, appointed to examine the claims on the 
Estate of JEliseus Barron, late of Dracut deceased, the re- 
port thereon by them made to him, and to direct them to 
examine the claim of said Phillips on the said Estate, and 
to make report as soon as may be — the said Phillips pay- 
ing the charges that may attend such recommitment. 

February 17, 1789 * 



Chapter 138. 

RESOLVE RELATIVE TO THE PAY OF THE COMMITTEE ON 

ACCOUNTS. 

Resolved, That there be allowed and paid out of the 
public Treasury of this Commonwealth, in the same man- 
ner as the Members of ye General Court are paid, to ye 
Committee appointed to pass Accounts, viz : To ye Hon- 
ble. Joseph Hosmer Esqr., ye Sum of Three Pounds, seven 
shillings and sixpence. To ye Honble. Joseph B. Varnum, 
Esqr., the Sum of Three Pounds, seven shillings & six 
pence; to John Games Esqr., Three Pounds, seven shil- 
lings, & six pence; to the Honble. 8eth Washhurne, Esqr., 
the sum of Three Pounds, seven shillings & sixpence, and 
to Mr. Thomas Davis, Three Pounds, seven shillings, & 
six pence, amounting in the whole to ye Sum of Sixteen 
Pounds, seventeen shillings, & six pence; which Sums will 
be in full for their Services respectivel}^ above their Pay as 
Members of the General Court to the present Day. 

February 17, 1789. 

* Approved February 17, 1789. 



^72 Eesolves, 1788. — December Session. 



Chapter 139. 

RESOLVE ON THE PETITION OF JOHN GASSET. 

On the Petition of John Gasset praying that the Treas- 
urer be directed to pay him thirty seven pounds seventeen 
shillings & six pence. That Sum being his due & having 
been drawn out of the Treasury by a forged order. 

Resolved That the Treasurer be and hereby is directed 
to make out and deliver to the said John Gasset a note 
in form of the Consolidated notes of this Commonwealth 
for the said Sum of thirty seven pounds seventeen shillings 
& six pence, upon his the said Gassefs receipting in full 
for all the demands he has for Services done for the Com- 
monwealth. February 17, 1789. 

Chapter 140. 

RESOLVE ON THE PETITION OF HENRY BROMFIELD AND 

OTHERS. 

On the petition of Henry Bromfield & others in behalf 
of David Sampson. 

Resolved, That the Treasurer of this Commonwealth be, 
and he hereby is, authorized & directed to receive oi David 
Sampson the sum of fifty pounds in the publick securities 
of this Commonwealth, in discharge of a tine which he was 
sentenced to pay, at the Supreme Judicial Court held at 
Worcester on the third Tuesday of September 1787. 

February 17, 1789. 

Chapter 141. 

RESOLVE EMPOWERING THE ASSESSORS WITH RESPECT TO 
DELINQUENT MEMBERS OF CLASSES FOR RAISING SOLDIERS, 
&c. 

On the petition of John Stevens of Sandford in the 
County of York. 

Resolved That when any head of a Class formed for 
raising men for the Continental Army, or any member or 
members of such Class shall make it appear to the assessors 
of the Town to which such class belonged that he has paid 
more than his proportion towards the hiring a soldier for 
such Class, and that one or more belonging to said class 
has not paid his or their proportion thereof, the assessors 
aforesaid are hereby authorized & directed to assess on 
the delinquent or delinquents his or their proportion of 



Resolves, 1788. — December Session. 373 

the same, and to commit the same assessment to a Con- 
stable or Collector of such Town with a warrant to collect 
the same and to pay it to the Head of said Class or to 
such member or members thereof to whom it is due within 
fifty days from the date of such assessment. 

February 17, 1789. 

Chapter 143. 

RESOLVE ON ACCOUNT OF JOSEPH TWITCHEL GUARDIAN TO 
NATICK INDIANS, AND MAKING HIM A GRANT OF £36 Is \d, 
WITH THE DIRECTION TO THE TREASURER. 

Whereas the Committe on accounts to whom was com- 
mitted the petition of Joseph Twitchel in capacity of 
guardian to the J^atich Indians praying that his accounts 
(in his said capacity) might be liquidated and Settled, 
Report, that said Guardian has expended the whole of the 
Estate of JEunice Spiwood for her Support except the 
Sum of Seventeen Shillings & three pence, also the Estate 
of Elizabeth Nahorton for her Support except the Sum of 
Sixteen Shillings and nine pence, and has also expended 
the whole of the Estate of Elizabeth Speen to Support the 
said Elizabeth: 

Resolved — That the said Guardian be discharged of 
the estate of the three Indians abovenamed, saving that he 
shall remain charged with the sum of seventeen shillings & 
three pence belonging to the said Spiwood & with sixteen 
shillings & yiine pence belonging to said Nahorton — And 
that the said Guardian shall also remain charged with the 
money reported to l)e in his hands belonging to other 
Indians than those above mentioned, who are named in a 
Resolution passed the 23d. oi March 1786. 

And whereas the said Committe also report that the said 
Guardian has expended the sum of one hundred and twenty 
pounds being the amount of the Sales of John Ephraims 
land sold by said Guardian Z>ecer7i6er 1787 for the support 
of the said Ephraim and that they also find due to said 
Guardian the following sums for money expended for the 
support of the Indians hereafter named after their Estates 
were expended — viz — 

For the Support of Submit Wardeamotig One j^ound 17/7 
For the Support of Elizabeth Trai/ Two liounds 17/10 
For the Support of Ester Pero Twenty two pounds 5/6 
For the Support of Betty Ephraim Seven pounds 4/2 
For the Support of John English One pound 16/ 

£36 1 1 



. £.1 


17 


7 


2 


17 


10 


. 22 


5 


6 


7 


4 


2 


1 


16 






374- Resolves, 1788. — December Session. 

Resolved — That the said Guardian be discharged of the 
Sum oi one hundred and twenty pounds being the money 
he received for John Ephraims land. And it is further 

Resolved — That there be allowed and paid out of the 
Pul)lick Treasury of this Commonwealth to the said 
Joseph Twitchel Thirty Six pounds one Shilling and one 
penny in full for his account for supporting the Indians 
above named. 

And it is further Resolved — That the Treasurer on pay- 
ing the said sum of Thirty Six pounds one shilling and 
one penny be directed to indorse Two pounds Seventeen 
shillings and ten pence on a consolidated note which ap- 
pears by the aforesaid resolution of March 23d. 1786 the 
said Guardian has in his hands belonging to the said Eliza- 
beth Tray . ^February 17, 1789.* 



Chapter 143. 

RESOLVE ALLOWING THE ACCOUNTS OF THE GUARDIANS TO 
DUDLEY INDIANS. 

Whereas it appears by examining the accounts pre- 
sented by the guardians of the Dudley Indians from July 
1787 to the 9th of January 1789 that the articles are 
reasonably charged, & the sums well vouched, & right 
cast ; & that there is a ballance in favour of the said Guar- 
dians of the sum of Twenty six pounds, nineteen shillings 
& four pence, which they are in advance with the said 
Indians : 

Resolved that the said accounts be accepted & allowed, 
& that the said guardians be credited for the said sum of 
Twenty six pounds nineteen shillings &j four pence. 

February 17, 1789. 



Chapter 144. 

RESOLVE ON THE PETITION OF JACOB KUHN, MESSENGER TO 
THE GENERAL COURT, ESTABLISHING HIS PAY. 

AVhereas Jacob ITuhn messenger to the Genl. Court, has 
represented that his pay, as established by a resolve of 
the 28th February 1786 describing the duties of Messen- 
ger, is inadequate to his service, & that he has, & does 

* Approved February 18, 1789. 



Resolves, 1788. — December Session. 375 

constanly perform extra service, from which he is ex- 
pressly exempted by the aforesaid resolve, but which is 
necessary to be done ; & the said representation appear- 
ing to be just, & his petition for a further allowance ap- 
pearing to be reasonable, in consideration whereof and of 
the faithful services of the said Messeno;er : 

Resolved that the said Jacob Kuhn, Messenger to the 
General Court, shall be entitled to the annual allowance 
oi Ninety Pounds from the 7th day oi March 1787. 

February 17, 1789. 

Chapter 145. 

RESOLVE ON THE PETITION OF SAMUEL DEN NET, AND OTHERS. 

On the Petition of Samuel Dennet and others holding 
land in the Town of Sandford by a grant of the General 
Court praying that the original line of Said Land may be 
confirmed. 

Ordered That The petitioners notify Colonel Jonathan 
Hamilton and all persons concerned by serving him &, 
them with an attested Coppy of their petition and of this 
order fifteen Days before the Second Thursday of the first 
Session of the next General Court that he may then appear 
& shew cause if any he has why the prayer of said petition 
should not be granted. February 17, 1789.* 

Chapter 146. 

RESOLVE ON THE PETITION OF SIMON STOW. 

On the petition of Simon Stow setting forth, that he as 
Agent for the Commonwealth on the estate of Henry 
Barnes late oi Marlboro' an Al)sentee, has been at an ex- 
pence of more than one hundred pounds lawful money, for 
which he received a warrant on the Treasurer near three 
years past but can get no part of the money he has ad- 
vanced, altho' greatly distressed for want thereof. 

Resolved that the Treasurer of this Commonwealth be & 
he hereby is directed to borrow Fifty pounds Lawful 
money, & pay the same to the said Simon Stow in part of 
the demand he has against this Commonwealth & replace 
the same out of the first money that shall come into the 
Treasury not before appropriated, & that the said Simon 

* Approved February 18, 1789. 



376 Resolves, 1788. — December Session. 

8tow shall upon receiving the abovesaid sum deliver to 
the said Treasurer the same sum of Fifty pounds in State 
certificates which he has already received. 

February 17, 1789. 



Chapter 147. 

RESOLVE ON THE PETITION OF RICHARD HINCKLEY. 

On the petition of Richard Hinckley, praying relief from 
a judgment obtained against him 31. day of December A. 
D. 1787 by Gabriel Johonnot, before Joseph Hibbert, Esqr. 
a Justice of the Peace for the County of Lincoln, upon the 
default of the said Richard Hinckley, whose non-appear- 
ance happened from inevitable accident. 

Resolved, That the delEault of the said Hinckley and the 
Judo;ment ao;ainst him obtained as aforesaid shall be, and 
hereby are set aside and annulled, and the said Richard 
Hinckley, said Default and Judgment notwithstanding, 
shall have liberty to enter the Action of the said Gabriel 
Johonnot, wherein the said Judgment was obtained as 
aforesaid, at the Court of Common Pleas next to be holden 
at Poivnalborough, within and for the said County of 
Lincoln, .on the first tuesday of June next, which Court 
shall have the same cognizance of the said Action, and the 
said Gabriel Johonnot may then and there, and after- 
wards through the whole course of the Law, pursue and 
prosecute the said Action, in the same manner and to the 
same Effect, as if the said Hinckley had appeared before 
the said Justice & upon his denying the demand made in 
said Action the same had been regularly carried & entered 
in the said Court of Common Pleas by the said Gabriel 
Johonnot ; 

Provided the said Richard shall and do at least four- 
teen days before said first Tuesday of June next, give 
Notice of this Resolve to the said Justice and to the said 
Gabriel Johonnot, respectively, by serving each of them 
with an Attested Copy thereof, and do Also enter the said 
Action at the said Court as aforesaid. 

February 17, 1789.* 

* Approved February 17, 1789. 



Eesolves, 1788. — December Session. 377 



Chapter 148. 

RESOLVE ALLOWING EXTRA PAY TO THE HON. WILLIAM HEATH, 
ESQ. AS SPEAKER, PRO TEM. 

Resolved, that there be allowed and paid out of the Pub- 
lick Treasury to the Honourable William Heath Esqr. 
Speaker j9ro tempore of the House of Representatives, the 
sum oi Jive shillings for each day he has officiated in that 
capacity, over and above his pay as a member of the House 
the present Session. February 17, 1789. 



Chapter 149. 

RESOLVE GRANTING CAPT. THOMAS SEWARD, £13 6s. 8d. FOR 
HIS SERVICES. 

On the petition of Thomas Seward praying for allow- 
ance for his services in the army in the year 1787. 

Resolved that the prayer of said petition be granted & 
that there be allowed & paid out of the treasury of this 
Commonwealth the sum of thirteen pounds six shillings & 
eight pence to said Tho?Jias Seivard in full for his forty 
days service as captain in the army aforesaid. 

February 17, 1789. 
Chapter 150. 

RESOLVE ON THE PETITION OF JOSEPH BAKER. 

On the Petetion of Joseph Baker one of the Collectors 
of Tax No. 5, seting forth, that in Consequence of advice 
from the late Treasurer Ivers he received of the persons 
named in his List, Army Notes, and Indents Indiscrimi- 
nately, in consequence whereof he had a larger Amount of 
Indents than Army Notes, which he lodged in the Treas- 
urer's office on the 6th. of April 1787, and took from Alex- 
ander Hodgdon the first clerk in that office a Receipt 
therefor, and the said Hodgdon being now Treasurer is in 
doubt whether he is authorized to credit said Baker in the 
same way as though he had paid an equal Amount of Army 
Notes and Indents. 

Resolved thaXtho, Treasurer be and he is hereby directed 
to credit the said Joseph Baker on Tax No. 5 in the same 
manner as though he had paid an equal Amount of Army 
Notes and Indents. February 17, 1789. 



378 Resolves, 1788. — December Session. 



Chapter 151. 

RESOLVE RESPECTING CHARLESTOWN POOR. 

Whereas several Towns within this Commonwealth have 
been at great trouble in providing for the Poor of the 
Town of Charlestown, and the Commonwealth has been at 
a great expence for those who are removed to such Towns, 
as well as for those, who are now resident in said Charles- 
town ; for lessening the trouble & expence in future : 

Be it Resolved that all persons forme rl}^ Inhabitants of 
Said Charles Town, and who have received support from 
this Commonwealth shall l)e put under the care of the 
Selectmen or Overseers of the Poor of said Town, from 
and after the first day of March next — And be it further 

Resolved That instead of the mode heretofore adopted 
for the support of the Poor aforesaid there shall be 
annually paid out of the Treasury of this Commonwealth 
a Sum of Money in Specie into the Hands of the Selectmen 
or Overseers of the Poor of the said Town of Charlestown 
for the Time being, for the support of the poor aforesaid 
said Sum of Money to be determined in the following 
manner Viz. For the first year commencing from the 
first Day of March 1789 and ending on the last Day of 
February 1790, the Sum of Eight Hundred Pounds to be 
paid in Quarterly Payments, For the second year a Sum 
Fifty Three Pounds Six Shillings & Eight Pence less 
than for the first year ; For the third year Fifty Three 
Pounds Six Shillings & Eight Pence, less than for the 
second year and so from year to year the Sum to be paid 
shall be diminished by deducting the same sum of fifty 
three pounds Q/8, untill the whole Expence is entirely re- 
duced, after which no further expence shall arise to this 
Commonwealth for the purposes aforesaid. And the 
moneys so paid into the hands of the Select Men or Over- 
seers aforesaid, shall be by them appropriated for the use 
of the Poor of said Charles Town, as in their opinion their 
exigencies may require, any expence that may incurred 
for removing the said Poor to be defreyed out of the sums 
aforesaid. February 17, 1789. 

Chapter 153. 

RESOLVE CONCERNING ALEAVIVES IN NEPONSET RIVER. 

On the petition of the towns of Stoughton & Sharon, 
praying, that a sufiicient passage way may be made for 



Kesolves, 1788. — December Session. 379 

the fish to pass up ITeponset River (so called,) for reasons 
mentioned in said petition. 

Resolved, that the prayer thereof be so far Granted as 
that Thomas Glarhe, Ebenezer Thayer and Theophilus 
dishing Esquires be and hereby are appointed a Commit- 
tee, whose duty it shall be, on application made for that 
purpose, and they are hereby authorized to determine, 
from time to time, untill the further Order of the General 
Court, Avhat alterations shall be made in the several Damns 
on the said River ; and to Order such sluice way or ways 
to be made at the expence of the petitioners as shall ap- 
pear to them or a majority of them, to be necessary to 
facilitate the passing of the fish up the said River, to which 
the proprietor or proprietors of the said Mills and Damns 
shall conform : and if the proprietors of the said Mills and 
Damns, or any other person or Persons shall presume to 
obstruct the said passage ways, and be thereof convicted 
before any Justice of the Peace, within & for the County 
of Suffolk, he or they so oftending shall forfeit and pay 
the sum of forty shillings, one moiety to the informer, or 
the person who shall sue for and recover the same, and 
the other moiety to the poor of the town where the ofience 
shall be committed. 

And Whereas the taking fish in the said River l)y sein- 
ing is found to be prejudicial to the increase thereof, for 
prevention whereof, it is further 

Resolved, that from and after the passing this Resolve 
no person shall be allowed to sein for fish in the said River 
JSfeponset from the fifteenth day of April to the fifteenth 
day of June annually, during the continuance of this Re- 
solve ; and if any person or persons shall presume to 
Catch fish in the said River with seines Contrary to the 
true intent and meaning of this Resolve, he or they so 
oftending shall forfeit & pay the sum of Three pounds, to 
be recovered in the way and manner, and to be applied to 
the purposes herein before prescribed for the recovery & 
appropriation of the forfeitures, that may be incured by 
the obstructing the passage to be made for the passing the 
fish up the said River. February 17, 1789.* 

Chapter 153. 

RESOLVE ON THE PETITION OF EDWARD BARNES, ESQ. 

On the petition of Edtoard Barnes Esqr. praying for 
permission to pay in consolidated notes of this Common- 

* Approved February 18, 1789. 



380 Resolves, 1788. — December Sessioi^. 

wealth. Four hundred & nine pounds four shillings and 
ten pence being the amount of an Execution, levied upon 
his Estate in behalf of Simon Stow, Agent for this Com- 
monwealth on the Estate of Henry Barnes Esqr. late of 
Malboro' in the County oi Middlesex, an Absentee. 

Resolved, for reasons set forth in the said Petition, that 
the Petitioner have leave to pay into the Public Treasury 
of this Commonwealth, Forty nine pounds four shillings 
and ten pence specie, together with three hundred & sixty 
pounds in Consolidated Notes of this Commonwealth, with 
interest thereon from & after six months, from the pass- 
ing of this Resolve, and upon his producing the Treas- 
urer's receipt therefor on or before the first of February 
next to Simon Stow Esqr. agent as aforesaid, he the said 
Agent in his Capacity aforesaid, is hereby empowered and 
directed to make & execute a good & sufficient Deed or 
Deeds to the said Edward Barnes Esqr. of all Real Estate 
of the said Barnes which was set off to this Common- 
wealth by Virtue of the Execution aforesaid. 

Provided nevertheless, that if the said Edward Barnes 
should omit to pay into the Public Treasury the sums 
aforesaid, in manner and by the time aforesaid, then the 
said Agent shall, and he is hereby empowered & directed 
to sell at public Auction, all the Real Estate of the said 
Edward Barnes as before mentioned for the most the same 
will fetch, & in his said capacity to make and execute a 
good and sufficient Deed or Deeds, to the Purchaser or 
Purchasers ; (he the said Agent giving twenty days pre- 
vious Notice of the said sale, by publishing the same in 
Adams & Nourse's Newspapers also by posting the same 
in some public place in each of the Towns where the said 
Land lies,) and shall pay the monies, arising from the said 
sales into the treasury of this Commonwealth, taking du- 
plicate receipts therefor, one to be lodged in the Secre- 
tary's Office. February 17,1789* 

tr^' • < -^ : 

Chapter 154. 

RESOLVE ON THE PETITION OF JOHN TUCKER, ESQ. GRANT TO. 

On the Petition of John Tucker, One of the Clerks of 
the Supreme Judicial Court. 

Resolved, for reasons set forth in said Petition, that 
there be allowed and paid out of the Treasury of this Com- 

* Approved February 17, 1789. 



Resolves, 1788. — Dece]mber Session. 381 

monwealth unto the said John Tucker the sum of One hun- 
dred & twenty pounds in full for his services, as one of the 
Clerks of said Court, for the Year One thousand seven 
hundred & eighty eight. February 17, 1789.* 



Chapter 155. 

RESOLVE ON THE MEMORIAL AND REPRESENTATION OF THE 
COMMISSARY GENERAL. 

Whereas it appears by the Memorial & Representation 
of Richard Devens Esq. Commissary General, & the 
Papers accompanying sd. Memorial that the Garrison on 
Castle Island in his Department costs about Twelve hun- 
dred Pounds per annum and that the Expences of the 
Convicts there over and above their Earnings amount on 
an average to the sum of Seven Pounds Tivo shilliyigs each 
per Annum, and that he stands in need of monies for 
Purposes aforesaid and to discharge the Debt incurred for 
the Repairs of the State House the wharves at the Light 
House and Castle and for purchasing Oil & other articles 
for the use of the several Light Houses : 

Therefore Resolved that there be allowed and paid out 
of the publick treasury to the said Richard Devens Com- 
issary General the sum of Tioo Thousaiid five hundred 
Pounds out of the Specie Part of Tax No. five to enable 
him to pay and discharge the Debts aforesaid for the sd. 
Garrison & Convicts & for further Supplies — he to be 
accountable for the expenditure of the same. And be it 
further 

resolved that there be allowed and paid out of the Pub- 
lick Treasury to the said Comissary General the sum 
of Tv^elve hundred Pounds out of the money arising fi*om 
the several light Houses within this Commonwealth to 
enable him to pay for oil already consumed & to purchase 
further supplies thereof. 

And be it further resolved that there be allowed and 
paid out of the publick Treasury, in manner as other 
Servants of Government are paid, to the sd. RicJtard 
Devens Comissary General the sum of one hundred and 
fijly Pounds in full for his Services for one year ending 
the first Day of June last. February 17, 1789 * 

* Approved February 17, 1789. 



382 Eesolves, 1788. — December Session. 



Chapter 156. 

RESOLVE ON THE PETITION OF THE PLANTATION OF FOX 

ISLAND. 

On the Petition of the Plantation Called Fox Island. 

Resolved that the assessors of the said Plantation of 
Fox-Island, be, and hereby are Directed without delay to 
assess upon the inhabitants thereof, agreably to Law, and 
make return of said assessment to the Treasurer of this 
Commonwealth, the sum of one hundred Ninety one 
Pounds Seventeen Shillings & six ^;e?ice, the Same sum 
being Set on Said Plantation in Tax No. 5. And it is 
further 

Resolved that the plantation aforsaid may Discharge 
themselves of the said Sum in the following manner (viz.) 
by paying to the Treasurer of this Commonwealth the 
Sum of Sixty three Pounds Six Shillings & Six pence in 
the Same way and manner that other Towns & planta- 
tions have Discharged Such Tax on or before the first 
Day of July next; and of the remaining Sum one third 
part may be apply ed, by the Said Plantation, to the sup- 
port of a Gospel Minister among them ; also one third 
part, for the support of a school Master ; and the remain- 
ing third part may be applyed to the makeing & repairing 
of roads within the said Plantation. 

Provided that the said Plantation Shall in one year from 
the date of this Resolve, Produce to the Treasurer of this 
Commonwealth a Certificate, under the hands, of the As- 
sessors or Clerk of the Said plantation Shewing that, the 
Said Plantation, hath Complyed with the True intent 
and meaning of the foregoing resolve ; And the Said 
Treasurer is hereby Directed, on receiving the aforesaid 
Certificate, to Discharge the said Plantation, from the last 
mentioned Sums : but in Default thereof, the Said Planta- 
tion shall be held, to pay the whole of the aforesaid Sums 
into the Treasury, and the Treasurer is hereby directed to 
govern himself accordingly. February 17, 1789. 

Chapter 157. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
PLANTATION ON THE WEST SIDE OF PENOBSCOT RIVER 
ABOVE WHEELER'S MILLS. 

On the Petition of the inhabitants of the Plantation on 
the West Side of Penobscot river above Wheeler's Mills So 
Called. 



Resolves, 1788. — December Session. 383 

Resolved that the assessors of the plantation on west 
Side oi Penobscot River above Wheeler's mills, be, and they 
herel)y are directed without Delay, to assess upon the 
Inhabitants of the said Plantation agreably to Law, and 
make return thereof to the Treasurer of this Common- 
wealth the sum Set on the said plantation in Tax No. 5, 
amounting' to one hundred thirty three Pounds eight IShil- 
lings & nine pence. 

And it is further Resolved^ that the said plantation, may 
Discharge themselves of the Sum aforesaid in the follow- 
ing manner (viz.) by paying into the Treasurery of this 
Commonwealth the Sum oi forty Pound three shillings 
and six i^ence, in the same way and manner that other 
Towns and plantations have Discharged the aforesaid 
Taxes, on or before the tirst Day of July next ; and of the 
remaining Sum one third part may be applied by the said 
plantation to the support of a gospel minister among them 
also one third part, for the Support of a School Master, 
and the remaining third part, may be applied to the make- 
ing & repairing roads within the Said Plantation. 

Provided, that the said Plantation Shall in one year from 
the Date of this Resolve, produce to the said Treasurer a 
Certificate under the hands of the assessors or Clerk of 
said plantation, shewing, that the said plantation hath 
Comply ed with the True intent and meaning of the fore- 
going Resolve : and the said Treasurer is hereby Di- 
rected, on receiving the aforesaid Certificate, to Discharge 
the said plantation from the Last mentioned Sums. — but 
in default thereof, the said plantation shall be held to pay 
the whole of the aforesaid Sums into the Treasury : And 
the Treasurer is hereby Directed to govern himself ac- 
cordingly. February 17^ 1789. 



Chapter 158. 

RESOLVE DIRECTING THE DELEGATES AT CONGRESS, RESPECT- 
ING DELINQUENT PAYMASTERS OF THE LATE CONTINENTAL 
ARMY. 

AVhereas by a Resolve of Congress of the 3d. oi Novr. 
1783, the Regimental Agents of the Massachusetts Line 
of the late American Army, were directed to deposit with 
the Supreme Executive of this State, the Certificates of 
the ballances on the final settlement, due to the Oflicers 
and Soldiers of the said Line, and the Supreme Executive 



384 Resolves, 1788. — December Session. 

of this Commonwealth, did on the 6th oiJuly 1785, direct 
the said Agents to Deposit the said Certificates in the 
Hands of the Secretary of this Commonwealth — 

And whereas Henry Nelson, Paymaster of the 3d. 
Kegiment, and Africa Hamblin Paymaster of the 4th 
Regmt. as also the Paymaster of the Corps of Invalids, of 
the said line, notwithstanding being repeatedly required 
thereto, have neglected to deposit the said Certificates, 
accordingly to the great detriment of the Officers & 
Soldiers, intitled thereto : Therefore 

Resolved — That the Delegates representing this State 
in Congress are hereb}^ instructed to use their influence in 
Congress that some Measures may be speedily adopted 
for the obtaining from said delinquent Paymasters the 
Certificates deposited in their hands or to take such other 
measures that said OflScers and Soldiers may receive the 
respective Ballances due to them on the final Settlement 
of their accounts with the United States. 

February 17, 1789. 

Chapter 159. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF DEER 

ISLAND. 

On the Petition of the Plantation Called Deer Island. 

Resolved, that the assessors of the Said Plantation, be, 
and hereby are Directed without delay to assess on the 
inhabitants thereof, agreably to Law, and make return of 
Said assessment to the Treasurer of this Commonwealth, 
the Sum of three hundred thirty one Pounds Seventeen 
Shillings & Six pence the Sum Set on Said Plantation in 
Tax No. five. 

And it is further Resolved, that the Plantation afore- 
said, may Discharge themselves of the Said Sum in the 
following manner (viz.) by paying into the Treasury of 
the Commonwealth the Sum of one hundred, Ten pounds, 
twelve sJiillings & Six pence, in the Same way and manner 
that other Towns and Plantations have discharged the 
aforesaid Tax, on or before the first Day oiJuly next, and 
of the remaining Sum one third part may be applyed by 
the Said Plantation, to the Support of a Gospel Minister 
among them, also one third Part for the Support of a 
School Master and the remaining third part may be ap- 
plyed to the making & repairing roads within the said 
plantation. 



Resolves, 1788. — December Session. 385 

Provided that the said Plantation Shall in one year 
from the Date of this Resolve, Produce to the Treasurer 
of this Commonwealth a Certificate under the hands of the 
assessors or Clerk of the Said Plantation Shewing that 
they have complyed with the true intent and meaning of 
the foregoing Resolve — and the Said Treasurer is hereby 
directed, on the receiving the Said Certificate to discharge 
the Said Plantation from the Last mentioned Sums — but 
in Default thereof, the Said Plantation Shall be held, to 
pay the whole of the Said Sums into the Treasury ; and 
the Treasuerer is hereby directed to govern himself ac- 
cordingly. February 17^ 1789. 

Chapter 160. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
PLANTATION, WEST SIDE OF PENOBSCOT RIVER, BELOW 
WHEELER'S MILLS. 

On the Petition of the inhabitants of the Plantation on 
the west Side of Penobscot river, from Belfast so far up 
said river as to include Wheele7''s mills. 

Resolved that the Assessors of the Plantation on the 
west Side of Penobscot River, from Belfast so far up the 
River as to include the Wheeler's Mills, be, and hereby are 
directed, without Delay, to assess upon the Inhabitants 
of the said Plantation agreably to Law, and make Return 
thereof to the Treasurer of this Commonwealth, the Sum 
set on the said Plantation in Tax No. 5 — amounting to 
One hundred fifty eight j)oimds fifteen shillings — and it 
is further 

resolved, that the said Plantation may discharge them- 
selves of the sum aforesaid in the following manner, viz. 
by paying into the Treasury of this Commonwealth the 
sum of Sixty tivo pounds eighteen shillings &, four pence in 
the same way & manner in which other Towns & Planta- 
tions have discharged the aforesaid Taxes, on or before 
the first day of July, next ; and of the remaining Sum one 
third part may be applied by the said Plantation to the 
Support of a Gospel Minister among them ; also one third 
part for the Support of a Schoolmaster, and the remaining 
third part may be applied to the making «& repairing roads, 
within the said Plantation. 

Provided that the said plantation shall in one year from 
the date of this resolve produce to the said Treasurer a 



386 Eesolves, 1788. — December Session. 

certificate under the hands of the Assessors or Clerk of 
said plantation, shewing that the said plantation hath 
complied with the true intent & meaning of the foregoing 
resolve ; And the said Treasuerer is hereby directed on 
receiving the aforesaid certificate, to discharge the said 
plantation from the last mentioned sums ; but in default 
thereof the said plantation shall be held to pay the whole 
of the aforesaid sums into the Treasury And the Treas- 
urer is hereby directed to govern himself accordingly. 

February 17, 1789. 

Chapter 161. 

(ROLL NO. 14.) 

The Committee on Accounts have examined and passed 
upon the Accounts now presented, and find that the Sums 
reported, and set against the Towns and Persons here- 
after named, are Due to them, and if allowed will be in 
fall discharge of the Accounts exhibited. 

Joseph Hosmer, per Order. 

No. 1. To Revd. Daniel Little, for his Services, & Cash 
advanced for Government, with his Expences, to Jidy 
28th 1788, when engaged in ye Business of a Commis- 
sioner to ye Penobscot Tribe of Indians, Cash advanced £. s. d. 
to him being Deducted, 26 11 

No. 2. To Coll. Joh7i S. Tyler, for his Services as Deputy 
Adjutant General, from ye 14th of April, 1788, to ye 9th 
of June following, 18 6 

No. 3. To a second Account to ye 6th ofNovr. for similar 

Services, 16 4 

No. 4. To Coll. Fitch Hall, another Deputy Adjutant Gen- 
eral in another Brigade, from Ajyril 10th 1788, to Jujie 
14th following 10 4 

No. 5. To William Sever, Brigade Major for ye County 
of Bristol, for his Services, from April 8th 1788 to Au- 
gust 17th, 440 

No. 6. To Doctr. Josiah Bartletts Account, for taking care 
of the Poor of Charlestown that are in Charlestown, to 
ye 31st of Octr., 1788, 41 15 11 

No. 7. To Doctr. ThoinasWelsh, for taking care of ye Poor 

oi Charlestown that are in Boston to Novr. 6th 1788, . 12 11 9 

No. 8. To William Bridge, for the Board, Nursing, & 
Doctrs. Bill, to the 14th of March, 1788, of a woimded 
Soldier, 5 18 4 

No. 9. To ye town of Worcester, for ye Board, & Neces- 
saries, with Funeral Charges, as appears by two Ac- 
counts, on account of Ihomas Wailing one of ye Poor 
of ye Commonwealth, from May 13th 1787, to ye 18th 
of Deer., 1788, 14 18 4 



Resolves, 1788. — December Session-. 387 

jSTo. 10. To Doctr. John Green Jiuir. for his Attendance, 

and Medicines, on accoimt of ye said Thomas Wailing £. s. d. 
to ye time of his Death, 10 8 10 

2^0. 11. To Uoctr. John Flagg for Visits and Medicines on 
Account of ye Poor of Charlestown, in Lynn, frona Augt. 
5th 1787, to Now. 15th 1788, 6 3 4 

No. 12. To Phineas Sannjer Junr. for his Services in ye 

time of ye Insurrection, by Order of Slieriff Oreenleaf, 3 6 

No. 13. To Doctr. David Fisk, for Medicines and Attend- 
ance, on account o^ James Welch, one of ye States Poor, 
to Jayiy 14th 1789, 8 12 

No. 14. To Simon Lamed, Deputy Adjutant General, in 
Colonel Pattersons Brigade, for his Services to ye 7th 
of July 1788, 18 12 

No. 15. To Jahleel Woodbridges Acct for his Services, & 
Expences, in 1786 & 1787, in ye Business of running ye 
Line between Neiv-York State and this, . . .740 

No.' 16. To ye Honble. Theodore Sedgivick Esqr. to ye 
Ballance of his Account as a Commissioner in ye same 
Service of running the Line between this State & New 
York, in 1784, deducting all Sums that he received of 
ye Treasurer, & Major Baivley, 10 6 11 

No. 17. To Joseph Haivleys Heirs, his Ballance for his 
Services as a Commissioner in ye same Service,. as per 
Account 5 19 

No. 18. To Jonathan Hastings, for an Order upon ye 
Treasurer in Feby. 17S5 allowed by ye then Committee 
on Accovmts, as a Ballance Due to him, but not paid, . 7 7 4 

No. 19. To ye same Person for Supplies to ye Common- 
wealth, & Postage of public Letters to Jany. 5th 1789, . 23 17 0| 

No. 20. Doctr. Wdshs Bill on account of Luke Day while 
a State Prisoner in Bodon Goal in March and April 
1788, 5 2 11 

No. 21. To Luke Richardsons Account, for Supplies to ye 

Officers of Government in Feby. 1787, as an Innholder, 1 15 

No. 22. To ye Town of Billerica for supporting Jane 
Wood, a State Poor, from ye 20th of August 1787 to 
Novr. 12th 1788, 28 16 

No. 23. To ye town of Oraftoyi, for an Order not paid, given 

in Feby., 1780, by a former Committee on Accounts, . 9 6 6 

No. 24. To Benjamin Lain, & Benjamin Clark, on ac- 
coimt of Thaddeus Hill & Benjn. Clark, for ye time that 
thev were not made up as soldiers in Feby. 1787, 30s 
each, 300 

No. 25. To ye Town of Concord, for supporting William 
Shatv, a State Poor, in Sickness, with ye Doctors Bill, 
from ye 3(Jth of November 1788, to ye first of Feby, 1789, 8 12 1 

No. 26. To Doctr. Asa Adams, his Account for taking 
care of Lidian Paupers, from July ye 14th 1786 to Feby 
9th 1788, 7 19 8 

No. 27. To ye Town of Dartmouth, on Account of sev- 
eral Indians ye Poor of ye Commonwealth from ye 
10th of Voi-r., 1786 to the 19th of A^orr., 1788, . . 11 15 

No. 28. To ye Town of Plimouth, for Blankets purchased 
for the Public more than Money received in March Vill, 
certified by Mess's i>e«n'»^ &.fio?/cr, . . . ,14 4 



388 Resolves, 1788. — December Session. 

Xo. 29. To ye Town of Olocester, on account of James 
Brinnick, one of ye States Poor, from Deer. 1st 1786 to 
Beer. 1st, 1788, with ye Bill from ye Doctor that at- £. s. d. 
tended him 19 17 3 

No. 30. To ye Town of Dighton, for ye Board of several • 
Indians, ye Poor of ye Commonwealth, to ye 8th of 
October 1788, as appears by ye Account & Certificates, 15 12 10 

No. 31. To Mehetabie Garter, one of ye Charlestown Poor, 
to an allowance for her Board from Novr. 12th 1788, to 
yeSdofi^eft?/. 1789, 3 

No. 32. To ye Town of Dracut, for ye Board, & Nursing, 
of John Hancock, & wife. State Poor, from Octr. 29th 
1788, to Deer. 27th 1788, 9 9 

No. 33. To ye Town of Westborough, to ye Board of John 
Schudemorr, a State Poor, from ye 1st of January, 1788 
to ye 1st of Novr. following, 15 19 

No. 34. To ye Town of So^dhborough, for Supplies afforded 
to Nicholas Hopping & Wife, ye Poor of Charlestown, 
from April 1st 1789 to July ye :5rst, and so on to 
Jany. 1st 1789, 7 

No. 35. To Lytlia Hood, to an alloAvance for Board from 
Novr. 13th 1789 to Feby. 5th 1789 ; one of ye Poor of 
Charlestown, 300 

No. 36. To Elizth Leman, another of Charlestown Poor, 
to her allowance from Now. to Feby. 5th 1789, . .280 

No. 37. To John Austin, & wife, also ye Poor of Charles- 
town, from Novr. 13th to Feby. 5th 1789, as their Allow- 
ance for Board, 6 

No. 38. To ye Town of Billerica, on accoimt of Elizth. 
Lamsnn, another of ye Poor of Charlestown, from ye 
26th of April 1788, to the 2Sth of June following, . . 3 12 

No. 39. To ye Town of Shrewsbury , on Account of George 
Philmore, & Wife, & Children from April 1st 1786, to 
Novr. 10th 1788, 49 18 8 

No. 40. To ye Town of Reading on account of Elizth. 
Pierce, Elizth. Orr, & Mary Kella, ye Poor of Charles- 
town, ivoxn. Jany. 1st 1788, to January 1st 1789, . . 19 4 

No. 41. To ye Town of Chelmsford, on account of Elizth. 
Bria7it, one of the Charlestown Poor, to ye 4th of Janu- 
ary. 1789, including all Bills, 60 16 9 

No. 42. To ye Town of Pliniouth, on account of William 
Mayberry. one of ye Poor of ye Commonwealth, from 
June. 1788, & till his Recovery with Doctr. Thachers 
Bill, £1. 17 3 & £1. 8 6 3 5 9 

No. 43. To ye Town of Dedham, on accoiant of John Tit- 
terton, and Family, State Poor, from Jany. 1787 to Jany. 
first 1789, 9 12 

No. 44. To ye Town of Norton, on account of James Col- 
man & Family, Poor of ye Commonwealth, from April 
1st 1786 to April 1st 1787, 10 9 10 

No. 45. To ye Town of Baryiardstofi, their Charges on 
account of Jacob Milan, a State Poor, to Octr. 27th 1788, 
with ye Doctors Bill, 10 3 4 

No. 46. To ye Town of Attleborough, for ye Board of John 
Wilson, to ye 9th of Deer. 1788, with Clothing, a State 
Poor, 24 9 8 



Resolves, 1788. — December Session. 389 

No. 47. To ye Town of Behoboth, for ye Board of James 

Perrin, with necessaries found him, in ye year 1787, & £. s. d. 
to his Death, 466 

No. 48. To ye Town of Newton, two Accounts for Board, 
& Removal, of John Flagg & Family out of ye State, 
to ye 22d of Octr. last, 10 1 8 

No. 49. To ye Town of Medjield, for Supporting John 
Turner and wife, & four Children, from March 1st 1787 
to March 1st 1788, with ye Doctors bill, . . .440 

No. 50. To the Town of Lexington, for Boarding, & Nurs- 
ing, John Welch, a State poor, from Feby. 25th 1788, to 
Novr. 17th 1788 14 1 4 

No. 61. To Daniel Cartwright, for Board & Nursing Zech- 
ariah Lenttcn, State Poor, from 1st of May 1788 to Seplr. 
1st 1788, . . , 5 13 9 

No. 52. To Doctr. Joseph Clark, on account of Salmon 
Fhillips, a wounded Prisoner, for Medicine & Attend- 
ance to ye 18th of J^«/?/, 1787, 4 

No. 53. To Isaac Lothrop, for Copies required by Gov- 
ernment relative to ye Estates of Absentees in 1784, & 
before offer'd as now appears by a Certificate, . . 1 13 6 

No. 54. To the Town of Beading for Boarding John Mil- 
ler, State Poor, from the 1st of March 1788, to ye 30th 
of Novr. following, 16 1 8 

No. 55. To James Kettell, for ye Board of Sarah Call, one 
of ye Poor of Charlestoivn, from March 16th 1788 to ye 
first of Novr. following, 9 13 9 

No. 56. To Isaac Pierce Barljer, for taking care of Thomas 
Brown, a State Poor, from ye 9th to ye 26th of April 

1787, when Sick, 14 

No. 57. To David Tow7isend for the Board of John Towns- 
end, & Wife, & Supplies, from Novr. 3d 1787, to Janu- 
ary 13th 1789, Charlestoivn Poor 42 1 

No. 57. To William Taylor, for the board of Phehe Man- 
ning, & her Son Isaac, Aged six years, from April 4th 
1788 to Jany. 16th 1789, (the Poor of Charlestoivn,) . 14 13 

No. 58. To Wilson Chamberlain, another of ye poor of 
Charlestoivn, as an allowance for his Board, from ye 1st 
of March 1788 to the first of Novr. following, . . 10 10 

No. 59. To the Town of Andover, for Supplies afforded to 
Martha Abraham, from March 1st 1787 to March 1st 

1788, Charlestoum Poor. To supplies to Hannah Bill & 
Betsey Cary, ye same term, she also one of ye Charles- 
toivn Poor, 36 15 1^ 

No. 60. To ye town of Andover, on account of Margaret 
Plunket, one of ye jioor of the Commonwealth, for ye 
term mentioned in ye other Account, . . . .850 

No. 61. To ye town of Lexington, for ye Board, & Nursing 
oi Francis Eagon, a State Poor, from Octr. lOth 1788 to 
Deer, ye 3d following, 4 18 8 

No. 62. To Doctr. Jose2)h Fisk,h.is Bill on account of ye 

same Person, 150 

No. 63. To the Town of Naiick, for ye Board & Clothing 
of several Indian Pauj^ers, from the 15th of June 1787, 
to the 6th of Feby. 1788, & also from that time to ye 4th 
of Novr 1788, one of ye said Indians, . ., ., . 52 1 10 



390 Eesolves, 1788. — December Sessio:n^. 

No. 64. To Doctr. Aaron Wight, his Bill on account of £. s. d. 
Natick Lidians, to Jany. 12th, 1788 2 12 

No. 65. To Doctr. Isaac Morills Bill, on account of ye 
same Indians, for Visits & Medicines, prior to Doctr. 
Wights accovmt, 12 10 9 

No 66. To ye Town of Lanesborough, for Boarding & 
clothing Samuel Harrison, & Family, Poor of ye Com- 
monwealth, to ye 7th of May, 1788, . . . . 29 

No. 67. To Doctr. Nathl. Gaits Bill, on account of Wil- 
liam Farris, a Soldier in Captn. Isaac Bussells Com- 
pany in Coll. iVe^^/^a;/s Regiment, ye Spring of 1787, . 5 16 6 

No. 68. To ye Town of Satem, for su^Dporting a consid- 
erable Number of ye Poor of ye Commonwealth, from 
6th of Novr. 1787, to the first of Jaiitiary 1789, . . 107 2 10 

No 69. To ye same town from ye 1st of Ja?ii/. 1789, for 
ye Support of sev^eral other Persons, Poor of ye Com- 
monwealth, omitted in ye other Account, together with 
Doctr. Holyokes Bill, . . , 26 12 10 

No. 70. To the Town of Haverhill, for the Board of Elizth. 
Hooper one of ye Poor of Charlestoi/m, from the 4th of 
Octr. 1787, to ye sixth of May 1788, at which time she 
Died, with ye Charge of Burial, 15 17 

No. 71. To ye Town of Dedham, for their Account exam- 
ined, & allowed, by a former Committee, & payment 
order'd, tho not paid, on March 21st 1786, . . . 56 6 

No. 72. To Jonas Wyman, with Coll. Hurd, for their 
Services in consequence of State Warrants in Feby. 
1787, 10 10 10 

No. 73. To Godfrey Smith, in consequence of an Order in 
his favour given him in March 18th 1786, by the then 
Committee on Accounts, 2 5 

No. 74. To Thomas Daivse Esqr. for Cash advanced, to a 
Mason, and a Painter, for work done by order of Gov- 
ernment in 1787 & 1788, 2 17 10 

No. 75 To James Wilso7i, for taking a Valuation, & 
names of ye Inhabitants in Places adjoining to To23s- 
ham, & not before allowed, in 1784, . . . 12 

No. 76. To ye Town of Charlestoivn, for ye Support of ye 
Poor of Charlestow7i in Charlestoivn, from Octr. 1st 1788 
to Jany. -[sill m, 146 2 8 

No. 77. To the Town of Dedham, for ye Board & cloth- 
ing of John Shepheiiy, one of ye Poor of ye Common- 
wealth, from ye 20th of Feby. 1786 to ye 3d of July 
1788, • . . 27 1 8 

No. 78 To Samuel Miller Thayer, Brigade Major in ye 
first Brigade in ye first Division, for his Services to ye 
22d of D>^cr. 1788 3 12 

No. 79. To the Town of Colraine, on account of Daniel 
McDugal,'mc\\xi\\ng Doctrs. Bills &c. to Deer. 31st, 1788, 
one of ye Poor of ye Commonwealth, . . . . 12 6 3 

No. 80. To ye same Town, on account of John Stewart & 
Wife, State Poor, from ye 21st of Feby. 1788 to Octr. 
31st 1788, . . 17 17 

No. 81. To Joseph Puffer, for an Order in his favour, 
granted by a former Committee on Accovmts, and not 
answered, 1 13 9 



Resolves, 1788. — Deceiniber Session". 391 

'No. 82. To Tliomas Dmvse, Esqr. for Services from Octr. 
1786 to Jany. 1789, for counting ye several species of 
Money, examining Notes, &c. in ye Treasury Office, & 
delivering the same to ye present Treasurer ; also de- 
facing several species of Notes, &c. agreeable to sev- £. s. d. 
eral Resolves of the General Court for that purpose, . 15 12 

No. 83. To Norton Brailsford, in consequence of an Order 
given by a former Committee on Accoimts, Now. 1785, 
which is not answered, 19 15 10 



£.1360 9 2i 



Read and accepted, and thereupon Resolved, that his 
Excellency the Governor, with advice of Council, be, and 
he hereby is requested, to issue his Warrant upon the 
Treasury for the payment of the several persons borne 
on this Roll the sums set against their Names respectively, 
in full of their respective Accounts, amounting in the 
whole to the sum of One thousand, three hundred & sixty 
pounds, nine shillings & two pence halfpenny. 

February 17, 1789. 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS. 

PASSED BY THE GENERAL COURT: 

BEGUN AND HOLDEN AT BOSTON, IN THE COUNTY OF 

SUFFOLK, ON WEDNESDAY THE TWENTY-SEVENTH 

OF MAY, ANNO DOMINI, 1789. 



BOSTON : 

Printed by Adams and Nourse, 

Printers to the HONOURABLE GENERAL COURT, 

M,DCC,LXXXIX. 



Reprinted by Wright & Potter Printing Company, State Printers. 

1894. 



ACTS AND LAWS, 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS; 
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-SEVENTH DAY 
OF MAT, ANNO DOMINI, 1789. 



1789. — Chapter 1. 

[May Session, ch. 1.] 

AN ACT TO ANNEX JABEZ BRIGGS & GIDEON GOULD WITH 
A CERTAIN GORE OF LAND, TO THE TOWN OF SUTTON IN 
COUNTY OF WORCESTER. 

Be it enacted hy the Senate & House of Representatives 
in General Court Assembled, and by the authority of the 
same. That Jabez Briggs and Gideon Gould with their Jatez Bnggs st. 
respective messuag-es, lands and tenements, being a gore annexed to" ' 
of land lying in the County of Worcester containing about ^'^"*>°- 
one hundred & fifty nine acres, bounded southeasterly on 
Manchoag pond, and by the following lines on the town 
of Sutton, viz — south thirty seven degrees east eighty 
rods, north thirty five degrees thirty minutes west ninety 
rods, north sixteen degrees fifteen minutes west, one hun- 
dred and two rods, east three degrees north, one hundred 
and ninety two rods, be annexed to the said town of Sut- 
ton, there to do duty and receive privileges as other in- 
habitants of the town aforesaid, June 5, 1789. 

1789. — Chapter 2, 

[May Session, ch. 2.] 

AN ACT DIRECTING AN EQUAL DISTRIBUTION OF THE ESTATES 
OF INTESTATES. 

WJiereas in an Act intitled ' ^An Act directing the de- Preamble. 
scent of intestate estates and for empowering the Judge of 
Probate to mahe partition in certain cases ^* passed on the 
ninth day of March One thousand seven hundred and 
eighty four, it is enacted, " that when any person shall die 



396 



Acts, 1789. — Chapter 3. 



seized of any lands, tenements or het^editaments not by him 
devised, the same shall descend in equal shares, to and 
among his children, and such as shall legally represent 
them, if any of them be dead, except the oldest son then sur- 
viving, who shall have tivo shares, if there is no issue of 
an older son, in which case such issue and lineal descend- 
ant or descendants of such issue shall have two shares in 
right of the father, altho' the father died before the grand- 
father.'' And " that when any person shall die possessed 
of any chattels or personal estate not by him bequeathed, 
the same shall be distributed among his heirs in the satne 
way and manner, real estates descend by this Act; " 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
Estate "^ifoT*""^' ^^^ sawze, that when any person shall after the first day 
of January next, die seized of any real estate in fee sim- 
ple, or possessed of any chattels or personal estate not by 
him devised or bequeathed, the same shall descend and be 
distributed in equal shares to, and among his children and 
such as shall legally represent them, if any of them be 
dead, in like manner as it would have descended and been 
distributed in virtue of the Act aforementioned, if the said 
exception had not been contained therein, & not other- 
wise, any law, usage or custom to the contrary notwith- 
standing. June 8, 1789. 



devised or be 
queathed, to 
be equally 
distributed. 



Lands set off. 



Proviso. 



1789. — Chapter 3. 

[May Session, ch. 3.] 

AN ACT FOR SETTING OFF THREE FIFTY ACRE LOTS OF LAND 
FROM THE TOWN OF GOSHEN IN THE COUNTY OF HAMP- 
SHIRE, AND ANNEXING THEM TO THE TOWN OF CHESTER- 
FIELD IN THE SAME COUNTY. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that the three lots of land hereafter mentioned, 
Vizt, the lot number sixty three, number ninety and num- 
ber ninety one, in the third Division of said Goshen, with 
the inhal)itants thereon, be, and they are hereby set off 
from the said town of Goshen, and annexed to the said 
town of Chesterfield: Provided, that the proprietors of 
the said three lots of land, shall lodge with the town Clerk 
of the town of Goshen and with the town Clerk of Ches- 
terfield, exact plans of the lots aforesaid, within three 



Acts, 1789. — Chapters 4, 5. 397 

months from the passing of this Act: Provided also, that 
all the taxes which have heretofore l)een assessed on said 
lots of land and their inhabitants, by the town of Goshen, 
shall be paid in the same manner, as if said lots still con- 
tinued a part of said town of Goshen. June 8, 1789. 



1789. — Chapter 4. 

[May Session, ch. 4.] 

AN ACT FURTHER TO ENABLE CONSTABLES & COLLECTORS OF 
TAXES TO COMPLEAT THEIR COLLECTIONS IN CERTAIN CASES. 

Be it enacted hy the Senate, and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, that where any person, duly rated in any town, 
district, Precinct, Parish or Plantation, hath died, or shall 
die, before the payment of the same rates, and where any 
person, duly rated as aforesaid, hath removed, or shall 
remove, out of the town, district, or plantation, in which 
such person lived at the time such rates were or may be 
assessed, before the payment of such rates, and where any 
unmarried woman, being duly rated as aforesaid, hath 
intermarried, or shall intermarry before payment of such 
rates, in all such cases, it shall and may be lawful for the 
Constables or Collectors of such town, district. Precinct, constables 
Parish or Plantation, to sue for such rates, and they shall empowe^reTto 
have the like remedy for the recovery thereof, as other cases! "^"^'^'^ 
creditors have, for recovering their proper debts. 

June 15, 1789. 



1789. — Chapter 5. 

[May Session, ch. 5.] 

AN ACT IN ADDITION TO AN ACT, PASSED THE LAST YEAR, 
INTITLED, "AN ACT FOR THE PRESERVATION OF THE FISH 
CALLED ALEWIVES, IN MATTEPOISET RIVER IN ROCHESTER 
IN THE COUNTY OF PLIMOUTH, & FOR REGULATING THE 
TAKING OF THE SAID FISH IN THE SAID RIVER." 

Whereas it is provided in and hy the said Act, that the Preamble. 
oivner or oivners of each and every mill-dam on said river, 
shall make, provide and continue a sluiceway of three feet 
wide, (£• eight inches deep, for the said fish to pass their 
respective dams, as low as the Selectmen of the said Roches- 
ter shall judge convenient for the said fish to pass in; and 



398 



Acts, 1789. — Chapter 5. 



Selectmen 
empowered 
to open sluice- 
ways. 



Persons taking 
fish, subject to 
penalty. 



Persons pro- 
hibited from 
taking fish. 



Penalty. 



Inhabitants 
permitted to 
sell fish. 



tliat the Selectmen of the said Town of Eochester he au- 
thorized to open said sluiceways on the second monday of 
April annually, in order to let the said fish pass the said 
dams: A7id whereas it is found by experience, that the 
keeping of said sluiceivays shut 'till the second monday in 
April annually greatly impedes the course of said fish. 

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 from and after the passing of this 
Act, the Selectmen of the said Town of Rochester are 
hereby authorized on any day between the last day of 
March and the second monday of April annually, to open 
said sluice ways, which when opened by them shall remain 
open until the twentieth day of May annually under the 
same penalty as is provided in said Act, for said sluice 
ways being stopped between the second monday of Ap7'il 
and the twentieth day of May. 

And be it further enacted by the Authority aforesaid, 
that if any person shall presume to take any of said fish 
in the brook leading out of little-long pond (so called) into 
Sniptuet pond, such person shall be subject to the same 
penalty as is provided in said act, for taking said fish in 
said Mattepoiset river, at a time not allowed by the Com- 
mittee of said Town to take said fish in said river. 

And whereas there is no provision made in said Act, to 
prevent persons taking said fish in said river, or by seins 
in a part of the harbour therein described before the tenth 
day of April annually ; 

Be it therefore enacted by the authority aforesaid, that 
if any person shall presume to take any of said fish in said 
river, or to stretch any sein in that part of the harbour 
into which said river empties, which is described in said 
act, between the last day of March and the tenth day of 
April annually, such person or persons shall be subject to 
the same penalty as is provided by said act for doing the 
same between the tenth day of April and the twentieth 
day of May. 

And be it further enacted by the authority aforesaid, that 
the inhabitants of the said Town of Rochester at a legal 
Town meeting warned for that purpose, may sell or dis- 
pose of on such terms & in such manner as they may think 
proper, the exclusive right of taking said fish in said river, 
for any number of days not exceeding three in each week, 
no one sale to be for a longer term than one year. 



Acts, 1789. — Chapter 6. 399 

And whereas hy reason of the swamp and thickets through 
which said river runs, it may be very difficult to procure 
proof of the violations of this Act and the Act to which 
this is an addition: 

Therefore he it enacted by the authority aforesaid, that ?^t"k°ng a^sh*^^ 
if the Committee of said Town or any member thereof, illegally, subject 
shall detect any person attempting to take said fish, on 
any day, in any place or in any manner, other than is 
allowed by said Committee, and said person has any of 
said fish in his or her custody ; or if the said Committee 
or other member of said Town shall find any such fish in 
any persons custody near to or coming from said river, 
such person shall be deemed to have taken such fish il- 
legally, and shall be subject to the penalties provided by 
this Act and the Act to which this is an addition, unless 
such person can give a satisfactory account how he or she 
came by such fish. 

And be it further enacted hy the authority aforesaid, that committee 

•^ *' »/ */ ^ impower u to 

any member of the Committee of said Town of Rochester iinng actions 

..T. /••lij 1'j- lOf debt for 

appointed in consequence ot said Act, may bring lorward recovery of 
an action of debt for the recovery of the penalty or pen- p«°^">^^- 
alties provided in said Act, or in this Act, in his own 
name, and the name of the said Town of Rochester and 
shall be intitled to one half the sum or sums so recovered, 
any thing in said Act to the contrary notwithstanding. 

June 13, 1789. 

1789. — Chapter 6. 

[May SeBsion, eh. 6.] 

AN ACT TO ENABLE THE TOWN OF CHARLESTOWN TO EX- 
CHANGE A PART OF THE MINISTERIAL LOT IN SAID TOWN, 
FOR AN EQUAL QUANTITY OF OTHER LAND, 

Whereas it appears to this Court, that the meeting-house preamble. 
in Charlestown ivill he greatly accommodated, if a part of 
the ministerial lot giveii to that town by Captain Richard 
Sprague deceased, for the sole use of the ministry, should 
be exchanged for an equal quantity of other land; — 

Be it therefore enacted, by the Senate S House of 
Representatives in General Court assembled and by the 
authority of the same, that it shall and may be lawful for Town of 
the town of Charlestown to sell and convey to Nathaniel impowered to 
Gorham Esqr., a part of the ministerial lot aforesaid, in sen^miiisteriai 
said town, not exceeding four thousand square feet, pro- 



400 



Acts, 1789. — Chapter 7. 



Proviso. 



vided said Nathaniel Gorham shall sell and convey to said 
town, an equal quantity of his land adjoining said minis- 
terial lot : And the deed or deeds to be given by the 
Committee of the town of Chariestoion, to the said Na- 
thaniel Gorham^ shall be to every intent and purpose good 
and valid in law, any thing in the will of the said Richard 
Sprague to the contrary notwithstanding. 

And he it further enacted by the authority aforesaid, 
that the land which shall be conveyed by the said Na- 
thaniel Gorham to the said town of Charlestown and 
annexed to said ministerial lot, shall be forever kept and 
held for the same purposes & uses as the said Richard 
Sprague directed that the lands by him given in his last 
will to the town of Gharlestown, as aforesaid, should be 
appropriated. Ju7ie 17, 1789. 



1789. — Chapter 7. 

[May Session, ch. 7.] 

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT 
ARE EXPIRED OR NEAR EXPIRING. 

Preamble. Whcrcas the scvcral Acts hereafter mentioned which are 

now expired, or near expiring, have been found useful and 
beneficial, viz — An Act made in the year of our Lord one 
thousand seven hundred and forty seven, entitled " an 
Act to prevent deceit, in the gage of casks — " An Act 
made in the year of our Lord one thousand seven hundred 
and seventy one, entitled "an Act to prevent damage 
being done to the proprietors of the meadow, upland and 
beach, called, great & little scipuiszet, in the town of J^al- 
mouth in the County of Barnstable," An Act made in the 
year of our Lord one thousand seven hundred and seventy 
three, entitled, " An Act for regulating the Ale wive fishery 
in the town of Halifax in the County of Rlimouth," An 
Act made in the year of our Lord one thousand seven 
hundred and eighty, entitled ' ' an Act in addition to an 
Act, entitled, " an Act in further addition to, and explana- 
tion of an Act, in addition to an Act, for erecting of a 
powder house in Boston; " — An Act made in the year of 
our Lord one thousand seven hundred and eighty one, 
entitled, " an Act to prevent damage being done on the 
meadows lying in the township of Yarmouth, called 
Nobscussett meadows, and a small commonage of land & 
beaches thereto adjoining," — An Act made in the year 



Acts, 1789. — Chapter 8. 401 

of our Lord, one thousand seven hundred and eighty 
seven, entitled, "an Act to prevent the destruction of 
Oysters, and all other shell fish lying within the harbours, 
rivers and bays within the limits of the towns of Sandwich 
in the County of Barnstable, and Wareham in the County 
of PUmouth, & the towns of Dartmouth and Westport in 
the County of Bristol ; " 

Be it therefore enacted by the Senate and House of Repre- 
sentatives, in General Court assembled & by the authority 
of the same, that such of the before mentioned Acts, as are Laws revived, 
expired, be revived, & such of the said Acts, as are not 
yet expired be continued, with all & every article, clause, 
matter and thing therein respectively contained, and shall 
be in force until the first day of November which will be 
in the }'ear of our Lord one thousand seven hundred and 
ninety seven and no longer. June 17, 1789. 

1789. — Chapter 8. 

[May Session, ch. 8.] 

AN ACT REGULATING THE TAKING OF THE FISH CALLED 
ALEWIVES, IN THE TOWN BROOK SO CALLED, IN THE 
TOWN OF PLYMOUTH. 

Be it Enacted by the Senate & House of Bepresenlatives 
in General Court assembled, and by the authority of the 
same, that said fish may be taken between the two Grist 
Mills now standino^ on said Brook, & shall not be taken in 
any other part thereof, and at such time or times only, as 
a Committee who may be appointed by said Town, as is 
hereafter provided, may direct. 

And Be it Enacted by the authority aforesaid, that the inhabitants 
inhabitants of said town of Plymouth, at their meeting for ro'ap°p"?nfa 
the choice of Town Officers in March or April annually, ove™8'^"the'° 
be, and they hereby are authorized and directed, to ap- taking of fish. 
point five or seven persons, a Committee to oversee the 
taking said fish as aforesaid ; which Committee shall dis- 
tribute the fish taken by them, or under their direction, 
as equally as circumstances will admit, to such of the in- 
habitants of said Town as may apply for the same ; and 
for the fish so supplied and delivered, the Committee afore- 
said shall demand and receive of the person or persons 
applying therefor, payment at such rate or rates as the 
inhabitants of the said Town at their annual meeting in 
March or April may direct, excepting of such poor per- 



402 



Acts, 1789. — Chapter 8. 



Committee to 
exhibit their 
accounts to the 
selectmen for 
allowance. 



Committee 
empowered 
to open dam 
or sluce-ways. 



Proviso. 



Penalty. 



Persons taking 
fish without 
permission 
subject to 
penalty. 



Penalties to be 
sued for and 
recovered by 
the Treasurer. 



sons as may be named in a li,st to be annually made out 
by the Selectmen of said Town and who in the opinion of 
the Selectmen are unal)Ie to pay for the same ; which list 
shall be given to the Committee, & the person or persons 
borne on the same shall be supplied with such quantities 
of said fish, gratis, as the Committee may think expedient : 
And the Committee aforesaid, shall have such allowance 
for their services, as the inhabitants of said Town, at the 
time of appointing said Committee, shall determine, and 
shall annually, in the month of September next following 
their appointment, exhibit their accounts to the Selectmen 
of said Town, for settlement and allowance, and pay the 
balance remaining in their hands, if any, to the Treasurer 
of the town oi Plymouth, for the town's use. 

And be it further enacted by the authority aforesaid, that 
the said Committee, or the major part of them, be, and 
are hereby authorized & empowered, to open any Dam, 
or the since of any Mill or other water works erected, or 
that may be erected on or over said Brook at the expence 
of the owner or owners of such Dam or since, provided 
such owner or owners shall neglect to open the same, when 
thereto required by said Committee, or the naajor part of 
them as aforesaid ; and the Dam or Since that may be so 
opened, shall continue open to such depth & width, and 
for so long a time, as the said Committee, or the major 
part of them may judge necessary ; and if any Person or 
Persons shall obstruct the passage ways allowed or or- 
dered by said Committee, or the major part of them, in 
any Dam or since way, or shall obstruct the passage of 
said fish in any other part of said Brook, than is permitted 
by this Act, such person or persons, so oflending, shall 
forfeit and pay a sum, not exceeding ffty pounds, nor less 
than ten pounds. 

Be it further Enacted by the authority aforesaid, that if 
any person or persons, other than the said Committee, or 
such persons as shall be by them employed, shall take any 
of the said fish in the said Brook, or any part of it, at any 
time or by any ways or means whatsoever, each person so 
oflending, shall forfeit and pay a sum, not exceeding /or/y 
shillings, nor less than ten shillinr/s for every such oflence. 

And be it further enacted by the authority aforesaid, that 
all penalties incurred by the breach of this Act, may be 
sued for & recovered by the Treasurer of the town of 
Plymouth for the time being, in any Court in the County 



&c. 



Acts, 1789. — Chapters 9, 10. 403 

of Plijmouth, proper to try the same ; and all sums so re- 
covered, shall be appropriated to the use of said Town ; 
& in case any minor or minors shall offend against any in case of 
part of this act, and thereby incur any or either of the judgment to 

!,• J? • 1 • 11 1 xi J. i- be rendered 

penalties atoresaid, ni all such cases the parents, masters asainat parents, 
or guardians of such minor or minors, shall be answerable 
therefor ; and in case of a prosecution of such minor 
or minors, for any such offence, the action shall be com- 
menced against the parents, masters or guardians of such 
minor or minors respectively, and judgment be rendered 
against any parent, master or guardian in such case, in 
the same manner, as for his or their personal offence. 

And be it further enacted by the authority aforesaid, that 
no person by reason of being an inhabitant of said town, 
or one of said Committee, shall be thereby disqualified 
from being a Witness, in any prosecution for a breach of 
this Act. June 20, 1789. 



1789. — Chapter 9. 

[May Session, ch. 9.] 

AN ACT IN ADDITION TO AN ACT MADE AND PASSED IN THE 
YEAR OF OUR LORD ONE THOUSAND SEVEN HUNDRED & 
EIGHTY SEVEN, INTITLED, "AN ACT FOR THE RELIEF OF 
POOR PRISONERS WHO ARE COMMITTED BY EXECUTION 
FOR DEBT." 

Be it enacted by the Senate & House of Representatives 
in General Court Assembled and by the authority of the 
same, that any Person standino' committed on an Execu- Persons stand- 

,•• T i^ • ^ ^ f -f 1 • /"ji ing committed 

tion issued upon a confession before any Justice of the on execution, 
Peace agreeable to Law, shall be intitled to all the bene- aii'the'benefits" 
fits allowed by the said Act to which this is an addition, of^t^e former 
to persons standing committed by force of any Execution 
issuing from any Court in this Commonwealth on a judg- 
ment rendered by such Court. June 22, 1789. 

1789. - Chapter 10. 

[May Session, ch. 10.] 

AN ACT TO ENCOURAGE THE MANUFACTURE & CONSUMPTION 
OF STRONG BEER, ALE & OTHER MALT LIQUORS. 

Whereas the manufacture of strong beer, ale and other Preamble. 
malt liquors ivill promote the purposes of husbandry and 
cotnmerce, by encouraging the groiuth of such materials as 



404 



Acts, 1789. — Chapter 11. 



All brew houses 
that produce 
100 barrels of 
beer annually 
to be exempt 
from taxes and 
duties for five 
years. 



Brewers to pro- 
duce to town 
assessors, evi- 
dence of the 
quantities of 
beer or ale 
made in their 
houses annually. 



are pecidiarly congenial to our soil and climate and by 
])j'oducing a valuable article of exportation ; And tvhereas 
the wholesome qualities of malt liquors greatly 7'ecommend 
them to general use, as an important means of preserving 
the health of the citizens of this Commonwealth and of pre- 
venting the pernicious effects of spirituous liquors: — 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled (& by the au- 
thority of the same, that all brew houses, wherein shall be 
made and produced for sale annually, a quantity of strong 
beer or ale not less than one hundred barrels of thirty 
one and an half gallons each, beer measure, with the uten- 
sils employed in such l)rew houses and the immediate 
dependencies thereof, also all monies and stock of every 
kind employed and improved in such brew houses, with 
the strong beer, ale & other malt liquors which shall be 
there made and produced for sale as aforesaid, with the 
faculty or annual profit of such manufacture, shall be, and 
they herel^y are exempted from all taxes and duties of 
every kind, for the term of five years next after the pass- 
ing of this Act. 

And be it further enacted, that all brewers or others 
who shall be owners or occupiers of such brew houses, 
shall as soon as may be after the passing of this Act, and 
afterwards at least once in every year, produce to the 
several assessors of the towns and districts wherein such 
brew houses shall be situate, satisfactory evidence of the 
quantities of beer or ale made in their said houses, respec- 
tively, for one year then next preceding, in order that 
they may have the benefit of the exemption aforesaid. 

June 22, 1789. 



1789. — Chapter 11. 

[May Session, ch. 11.] 

AN ACT AUTHORIZING THE SETTLEMENT OF THE CLAIMS OF 
EXECUTORS & ADMINISTRATORS IN THE PROBATE COURT 
BY REFERREES. 

Preamble. Whercas executovs & administrators, having claims 

against the estate of their testator or intestate, cannot com- 
mence & prosecute an action at lata for the determina- 
tion thereof, and it may tend to the furtherance of justice, 
as well as the satisfaction of the parties interested, to have 



Acts, 1789. — Chapter 12. 405 

the same determined by referrees mutuoMy chosen and ap- 
pointed in the Probate Court. 

Be it therefore enacted, by the Senate <& House of 
Rejjresentatives in General Court assembled, S by the 
authority of the same, that when an executor or admin- Executors or 
istrator shall exhibit a claim in writing against his testator claims disputed, 
or intestate, to the Judge of Probate, having cognizance loRefTrrees"^ 
thereof, for allowance, & the same shall be disputed by 
any person interested adversely in the allowance thereof, 
it shall be lawful for the said executor or administrator & 
the legatees or heirs whose interest will be affected by the 
issue thereof, to submit the determination of such claim, 
to referrees who may be mutually agreed upon by the 
parties interested ; and the Court of Probate before whom 
such submission is made, may receive, approve & allow 
the report of such referrees made in writing pursuant to 
the submission, and decree accordingly — Provided the Proviso, 
submission be made in writing and signed by all the 
parties interested therein, or their agents duly authorized 
thereunto, and when any of the parties are minors, by his 
or their guardians duly nominated and appointed. 

And be it further enacted, that when a dispute shall p°te^Ti2e judge 
arise respecting the occupation use & improvement of real of Probate to 
estate in the hands of the executor or administrator, and rees. 
the quantum he ought to credit in his account therefor, it 
shall & may be lawful for the Judge of Probate to aj^point 
three disinterested persons, living near to the estate to 
ascertain the true value thereof; and the report of them 
or the major part of them made thereupon in writing, after 
hearing the parties, and accepted by the Judge shall be 
the sum the executor or administrator shall be charged 
with in his account & no more. June 22, 1789. 

1789. — Chapter 12. 

[May Session, ch. 12.] 

AN ACT FOR NATURALIZING NATHANIEL SKINNER AND OTHERS 
THEREIN NAMED. 

Whereas Nathaniel Skinner late of London, James preamble. 
Scott and James Scott Junior natives of Great Britain, 
George Shinnits, a native of Prussia, & Martin Coning 
late of Amsterdam, now residing in Boston, and Akurs 
Sisson now residing in Dartmouth, have petitioned the 
General Court that they may be naturalized, and be thereby 



406 



Acts, 1789. — Chapter 13. 



Persons ad- 
judged free citi- 
zens, in case. 



entitled to all the rights & privileges of free citizens of this 
Commonivealth . 

Be it enacted^ by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same. That the aforenamed Nathaniel Skinner, James 
Scott, James Scott 'junior , George Shinnits, Martin Coning 
and AJvurs Sisson, on first severally paying to the Secre- 
tary such fees as may he hj law required of them, and 
taking and subscribing the oath of allegiance to this Com- 
monwealth before two Justices of the Peace, quorumunus, 
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 further enacted by the authority aforesaid, that 
the Justices before whom the persons aforenamed, may 
respectively take the oaths aforesaid, shall return a cer- 
tificate of the same into the Secretary's office, to be entered 
in the records of the Commonwealth. June 22, 1789. 



Preamble. 



1789. — Chapter 13. 



[May Session, ch. 13.] 

AN ACT FOR INCORPORATING THE EASTERLY AND SOUTHERLY 
PARTS OF THE TOWN OF DUNSTABLE INTO A DISTRICT BY 
THE NAME OF TTNGSBOROUGH. 



Whereas the toivn of Dunstable in the County of Mid- 
dlesex, hath petitioned this Court, praying, that the people 
ivho lately composed the first parish in said toivn together 
with their estates, may be incorporated into a district, to 
enable them to receive Mrs. Sarah Winslow's donation; 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled & by the authority 
Tyngsborough of the samc, that the easterly and southerly parts of said 
town of Dunstable be and they hereby are incorporated 
into a district by the name of Tyngsborough, with all the 
powers, privileges and immunities of incorporated dis- 
tricts, viz : beginning at the north west corner of Colonel 
John Tyng's great farm at Groton line, a small distance 
from said Tyng's mills, from thence to run easterly by the 
north side of said farm until it extends eight rods east of 
John Cuming\ dwelling-house, from thence to run north- 
erly thirty rods west of Ezra Thompson's dwelling house, 
and so on the same course until it comes to the line of 
the State of ISFew Hampshire, with all the lands and 



incorporated. 



Boundaries. 



Acts, 1789. — Chapter 13. 407 

inhabitants within the said town, on the east and south of 
said line. 

Provided nevertheless, that the said district of Tyngs- Proviso. 
borough shall pay their proportion of all taxes now as- 
sessed by, and of debts due from the said town of 
Dunstahle. 

And be it further enacted by the authority aforesaid, that poiis and estates 
the polls and estates in the said district that were returned Tyngsborough. 
by the assessors of said town on the last valuation, shall 
be deducted from the said returns and be placed to the 
said district of Tyngsborough until another valuation shall 
be taken. 

Be it further enacted by the authority aforesaid, that To support their 

•^ ^ ./ ^ ' own poor. 

the said district of Tyngsborough shall be held to support 
the poor included within their limits, and also any person 
or persons who have heretofore l)een inhabitants of that 
part of Dunstable which is now Tyngsborough, and may 
hereafter be returned as paupers to the town oi Dunstable ; 
and it shall be the duty of the selectmen or overseers of selectmen and 

1 /•! • -\ 1^ r^ T 1 f ji J • T • Overseers, their 

the poor of tbe said town oi Dunstable tor the tmie bemg, duty. 
whenever such pauper or paupers shall be returned as 
aforesaid, who were original inhabitants of that part of 
Dunstabe which is now Tyngsborough, to convey him, her 
or them, to the overseers of the poor for the said district 
of Tyngsborough, who are hereby directed to receive & 
support the same. 

And be it further enacted by the authority aforesaid, that Town ammuni- 

• »y .-/ ' tion &c. to be 

the town stock of ammunition shall be equally divided divided." 
between the said town and district, and the weights and 
measures shall be the property of the town, they paying 
the district one third of the value thereof. 

And be it further enacted, that the selectmen of said ^tnstXiet'i 
town, fifteen days at least before the time for choosing a notify Tyngs- 
Representative, shall give notice of the time and place l)y choice of Repre- 
tliem ordered for that purpose, in writing, under their *^° ** '^^^* 
hands to the selectmen of Tyngsborough, to the intent 
that the Selctmen of said district may issue their warrant 
to the constable of said district, to warn the inhal)itants 
thereof to meet with the said town of Dunstable, at the 
time and place so ordered for the choice of a Representa- 
tive. 

And be it further enacted, that Joel Parhhurst esquire Tynsborough to 
be & he hereby is authorized to issue his warrant directed the°choice of 
to some principal inhabitant of the district of Tyngsbor- ^""^^ officers. 



408 



Acts, 1789. — Chapter 14. 



ough^ requiring him to notify the inhabitants of the said 
district qualitied to vote in town affairs, to assemble at 
such time & place as he shall therein direct, to choose all 
such officers as districts within this Commonwealth are 
directed and required by law to choose in the month of 
March or April annually ; and the aforesaid Justice is 
also authorized to issue his warrant to the constal)le of 
Dunstable, requiring him to warn the freeholders & other 
inhabitants of said town qualitied to vote as aforesaid, to 
meet at such time and place as he shall appoint, to choose 
town Officers in all cases where there shall be any vacan- 
cies. June 22, 1789. 



Transactions 
necessary to 
constitute the 
settlement of 
citizens. 



1789. — Chapter 14. 

[May Session, cti. 14.] 

AN ACT DETERMINING WHAT TRANSACTIONS SHALL BE NECES- 
SARY TO CONSTITUTE THE SETTLEMENT OF A CITIZEN IN 
ANY PARTICULAR TOWN OR DISTRICT. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that all persons, citizens of this Commonwealth, 
who, before the tenth day of April,- One thousand seven 
hundred and sixty seven, resided or dwelt within any 
town or district in the then Province of the MassacJnisetts 
Bay for the space of one year, not having been warned 
to depart therefrom according to law, or who, since the 
same tenth day oi April have ol)tained the approbation of 
the town or district at a o;eneral meetino; of the inhabi- 
tants, for his dwelling there, or who have obtained a legal 
settlement in such town or district, by birth marriage or 
otherwise, & have not afterwards gained a settlement else- 
where, in this, or some other of the United States, shall 
be deemed and taken to be inhabitants of the same town 
or district, to every intent and purpose whatever. And 
every person being a citizen of this Commonwealth, who 
shall be seized of an estate of freehold, in any particular 
town or district of the clear annual income of three pounds, 
& shall reside thereon, or within the same town or dis- 
trict, occupying & improving the same, in person, for the 
space of two whole years, or who after the age of twenty- 
one years shall reside and pay a town tax for the term of 
five years successively, or shall reside in such town or 
district for the space of two years successively without 



Acts, 1789.— Chapter 14. 409 

'being warned to depart the same in manner hereafter pro- 
vided, shall be deemed and taken to be an inhabitant of 
the same town or district. 

And be it further Enacted by the authority aforesaid, 
that any citizen of this Commonwealth, who shall have Any citizen 
and obtain the vote of any town or district at a regular votrrrtown- 
meeting, to be admitted & received an inhabitant thereof, "e^'deemed^an' 
shall from and after the passing such vote, in case such inhabitant. 
citizen shall there reside and dwell, be deemed and taken 
to be an inhabitant of the same. 

And be it further enacted by the authority aforesaid, that women by 

'^ , . , r .,, • 1 1 •. . /• intermarrying, 

every woman hy intermarrying with an inhabitant oi any & children bom 

town or district, shall by such marriage be deemed and b^Taken^as 

taken to be an inhabitant of the same town or district with u'iJln^**^"'^' 

her husband ; and children born in wedlock at the time 

of their birth, and afterwards, shall be deemed and taken 

as inhabitants of the same town or district with their 

parents ; and children otherwise born, shall be deemed & 

taken to be inhabitants with the mother, untill they shall 

have obtained a legal settlement or habitancy in some 

other town or district ; but no person shall have more 

than one place of legal settlement at one and the same 

time, but upon obtaining a new place of settlement, shall 

be deemed and taken voluntarily to have relinquished any 

former one. 

Provided ahcays, that no person committed to prison Proviso. 
or lawfully detained in any town or district, or who shall 
come or be sent for nursing, education or support, or to 
learn any trade or mistery, or who shall come or be sent 
to any Physician or Surgeon to l)e cured of any disorder, 
shall by remaining in such town or District for any length 
of time, in consequence thereof, obtain a settlement 
therein. 

JBe it further enacted by the authority aforesaid, that ^ntn^Jd to°habi. 
when any person shall come into any town or district tancy, tobe 
within this CommonAvealth to reside, not entitled to habi- the Selectmen. 
tancy ])y the qualihcations before recited in this act, the 
Selectmen of such town or district shall be, and they are 
hereby impowered to warn such person to depart the 
limits of such town or District. 

And be it further enacted by the authority aforesaid, that 
the method of warning a person to depart from any town 
or district, shall be in writing, under the hands and seals 
of the Selectmen or the major part of them, in substance 
as follows, Vizt. 



410 



Acts, 1789. — Chapter 15. 



Form of 
Precept. 



Mode of service. 



[seal.] SS 

To either of the Constables of the town of in said 

County, Greeting. 

YOU are in the name of the Commonwealth of Massa- 
chusetts directed to warn, and give notice mito A. B. of 
in the County of labourer, (or a transient 

person as the case may be) who has lately come into this 
town for the purpose of abiding therein, not having ob- 
tained the town's consent therefor, that he (or she) depart 
the limits thereof (with their children, and others under 
their care, if such they have) within fifteen days. And 
of this Precept with your doings thereon, you are to make 
return into the Office of the Clerk of the town (or Dis- 
trict) within twenty days next coming, that such further 
proceedings may be had in the premises as the law directs. 
Given under our hands and seals at aforesaid, this 

day of Anno Domini . > Selectmen of . 

And the mode of service shall be by reading or deliver- 
ing a copy of the Precept to the person ordered to de[)art, 
or by leaving a copy of such Precept at his or her last and 
usual place of abode ; and it shall be the duty of the town 
or district Clerk, to make a record of the Warrant, and 
the return of the Constable made thereon in the Town 
Book. 

And he it further enacted by the authority aforesaid, that 
all former laws for fixing or determining the hal)itancy or 
settlement of citizens touching settlements hereafter to be 
obtained, be and hereby are repealed. June 23, 1789. 



Requisite 
qualifications. 



1789. — Chapter 15. 

[May Session, ch. 15.] 

AN ACT PRESCRIBING THE FORM OF THE BOND WHICH SHALL 
BE GIVEN BY THE TREASURER OF THE COMMONWEALTH, 
AND DETERMINING TO WHOM SUCH BOND SHALL BE GIVEN. 

JBe it enacted, by the Senate and House of Representa- 
tives in General Court assembled ct* by the authority of the 
same; That the person who now is or shall be elected to 
the office of Treasurer and Receiver General, shall })re- 
viously to his entering on the duties of the said office, 
besides taking and subscribing the declaration & oaths 
prescribed in the Constitution of this Commonwealth 
(which shall l)e done before the Governor and Council) 



Acts, 1789. — Chapter 15. 411 

also give Bond with three good and sufficient sureties, in 
the sum of Fifty Thousand Pounds, to the first Counsel- 
lor of this Commonwealth, the President of the Senate & 
Speaker of the House of Representatives for the time 
being, and to their successors in the respective offices 
l)efore named ; which Bond shall be in the form following 

KNOW ALL MEN by these presents, that We 1 Form of Bond. 

of in the County of in the Commonwealth of 

Massachusetts as principal, and of as sure- 
ties, are held and stand firmly bound and obliged to his 

Honor as first Counsellor of this Commonwealth, the 

Honorable as President of the Senate, and the Hon- 
orable as Speaker of the House of Representatives, 

and to their successors in the respective offices before 
named, in the full and just sum of Fifty thousand pounds 

to be paid to the said or to their successors in said 

offices, to and for the use of the Commonwealth aforesaid ; 
to which payment well & truly to be made, we bind our- 
selves, our heirs, executors and administrators, jointly 
and severally, firmly l)y these presents. Sealed with our 

seals, and dated this day of in the year of our 

Lord one thousand seven hundred and and in the 

year of the Independence of the United States of 

America. 

The condition of this obligation is such, that whereas 
the said is chosen and appointed by the Sena- 
tors and Representatives of the Commonwealth afore- 
said. Treasurer and Receiver General for the same, to 
continue as such 'till the annual election of Treasurer, if 

therefore the said shall truly and faithfully discharge 

the duty of his trust, according to law, and render an 
account when, and so often as he shall be required by the 
General Court, of all such sum & sums of money as he 
shall from time to time receive into the Treasury, and 
shall Avell and truly pay to his successor in the said office 
or to any other person that may be appointed l)y the 
General Court to receive the same, all such sum & sums 
of money and other property, as upon such settlement 
of his said accounts, or otherwise, shall be found due & 
payable from him to this Commonwealth, as Treasurer 
and Receiver General aforesaid, then the above written 
ol)ligation to be void and of no efiect ; but in default 
thereof, to remain in full force : Provided, that the bond Proviso, 
be put in suit within three years next after the date of 
the same. 



412 



Acts, 1789. — Chaptek 16. 



Bond, where to 
be deposited. 



Committee to 

determine 

sureties. 



BoDds how to 
be put in suit. 



And be it further enacted, that the said Bond when 
duly executed, shall be deposited in the Secretary's Office 
for safe keeping ; and the persons appointed by this Act 
to receive such Bond shall be a Committee, who are 
herel)y authorized to Judge and determine on the suffi- 
ciency of those, who shall be proposed as sureties for 
the Treasurer as aforesaid ; and it shall be the duty of 
the Governor and Council, and they are herel)y em- 
powered, when they shall judge it necessary, to direct 
the Attorney General to put in suit such bond given as 
aforesaid, who is required upon receiving such direction, 
to put such Bond in suit accordingly. June 23, 1789. 



1789. — Chapter 16. 

[May Session, eh. 16.] 

AN ACT TO ENABLE THE PROPRIETORS OF A MARSH & ROUGH 
MEADOW LYING IN THE TOWN OF ROWLEY, TO MAKE AND 
MAINTAIN A DIKE, FOR THE BETTER IMPROVING SAID 
MARSH AND MEADOW. 

Preamble. WJiereas Tliomas Mighill and others, proprietors of a 

marsh and rough meadow lying in Rowley, and knoiun by 
the name of Oowbridge marsh and rough meadov:, and 
containing all the marsh and meadow lying within the 
lines hereafter described, beginning at a point of tipland 
on the northei'ly side of Francis Pickard's marsh, & run- 
ing from thence about fourteen rods to Gowbridge creek, 
from thence across said creek and through the center of 
Mehetable Northend's marsh and marsh belonging to 
Nehemiah Jewett and Deacon Jeremiah Searl on the 
northerly side of a cart path, to upland belonging to John 
and Benjamin Thurston, from thence by said upland and 
upland belonging to the heir's of John Plumer, until it 
conietJi to the country road, from thence southerly by said 
road to upland adjoining to the plantation that ivas the 
late Captain George Jewett's, /)'om thence by said U2)land 
& aforesaid plantation and upland belonging to several 
other persons, until it comes to the aforesaid road, and by 
said road until it comes to upland belonging to the heirs of 
Colonel Thomas Gage, from thence ivesterly by said upland 
and upland beloiiging to several other persons, luitil it 
Cometh to land belonging to Thomas and Jeremiah Mighill, 
from thence northerly by said Mighill's land & upland be- 
longing to William, David and Nathan Todd, until it 



Acts, 1789. — Chapter 16. 413 

comes to the ox pasture, from thence hy said pasture until 
it cometh to the point of upland first 7nentioned, have re- 
guested the General Court to authorize them to mahe a 
dike for the purpose of fencing out the sea from the said 
marsh and 77ieadoic; and it appearing that great improve- 
ments might hereby be made in said marsh and meadow^ 
to the benefit of said proprietors as well as the public; — 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that the said Thomas Mighill and others pro- Proprietors 
prietors of the marsh and meadow aforesaid, their lieirs t™makea^ 
and assigns, be and they hereby are authorized & em- ^''^®* 
powered to make a dike sufficient to keep out the sea from 
the said marsh and meadow, as before described, and to 
maintain and keep the said dike in repair forever. — 

And be it farther enacted by the authority aforesaid, that deVry^charges? 
the said Thomas Mighill and others proprietors of the 
marsh and meadow aforesaid, their heirs and assigns, be 
and they liereby are allowed and empowered to raise by 
an assessment or tax, to be made & levied on all the pro- 
prietors of the said marsh and meadow lands, lying within 
the dike to be made as aforesaid, according to the interest 
they severally have therein, such sum or sums for defray- 
ing the charges of making and maintaining the said dike, 
as shall be agreed upon by the said proprietors their heirs 
or assigns, or the major part of such of them as shall be 
assembled at any legal meeting to l)e called for that pur- 
pose ; the meetings of the said Proprietors to be called J^Te'cfnducted 
and conducted in the same manner, as those of proprietors ag>eeabietoiaw. 
of common lands, prescribed by an Act passed the tenth 
day of March in the year one thousand seven hundred 
and eighty four, relating to lands, wharves and other real 
estate undivided and lying in common ; — And the said 
proprietors are hereby authorized and impowered, to 
chose all such oflScers as may be necessary for managing 
the business aforesaid, in the same manner as proprietors 
of common lands are by law empowered to choose officers Empowered to 

, , , . , , , . "^ ^ choose officers. 

at their legal meetings. — 

And be it further enacted by the authority aforesaid, that feftf8ing°to%a 
if anv proprietor of the said marsh or meadow shall nes;- assessments, 

1 , ' '^ i . . , ,. T P their lands to 

lect or reiuse to pay the sum or sums or money duly be sold, 
assessed on him therefor, for the space of six months after 
such monies shall have been granted, and for the space of 
one month, after his assessment shall have been shewn to 



414 



Acts, 1789. — Chapter 17. 



Notice of the 
time and place 
of sale, to be 
advertized. 



Committee 
empowered to 
execute deeds. 



Proviso. 



Proprietors to 
manage affairs 
relative to main- 
taining the dike. 



him, or a copy thereof, left at his usual place of abode, 
then the said proprietors for the purpose of collecting- the 
monies in such assessment are hereby fully empowered 
from time to time, at public vendue to sell and convey so 
much of such delinquent proprietor's part of said marsh 
or meadow, as will be sufficient to pay and satisfy the sum 
or sums assessed upon such delinquent proprietor as afore- 
said, and all reasonable charges attending such sale, to 
any person that will give most for the same ; notice of 
such sale, and of the time and place thereof being given, 
by posting an advertisememt thereof in some public place 
in the town of Roivley, six weeks before the time of such 
sale ; and the said proprietors may, by their clerk or a 
Committee to be chosen for that purpose, execute a good 
deed or deeds of conveyance of the part of said marsh or 
meadow so sold, unto the purchaser thereof, to hold in 
fee simple : — 

Provided nevertheless, that the proprietor or proprietors 
whose part or share shall be sold as aforesaid, shall have 
liberty to redeem the same at any time within twelve 
months after such sale, by paying the sum, such part or 
share sold for and charges, together with the further sum 
of six pounds for each hundred pounds produced by such 
sale, & so in proportion for any greater or less sum. — 

And be it further enacted by the authority aforesaid , that 
the said proprietors hereby are empowered to order and 
manage all affairs relative to the making and maintaining 
of the dike aforesaid, in such w^ay and manner, as shall be 
concluded and agreed on, by the major part of those who 
are therein interested present at any legal meeting ; the 
votes to be collected according to the interests of the said 
proprietors. June 24, 1789. 



Boundaries. 



1789. — Chapter 17. 

[May Session, ch. 17.] 

AN ACT FOR INCORPORATING THE NORTH ELEVEN THOUSAND 
ACRES SO CALLED IN THE COUNTY OF BERKSHIRE INTO A 
DISTRICT BY THE NAME OF BETHLEHEM. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that the North eleven thousand acres so called 
in the County of Berkshire & included within the bounda- 
ries hereafter described, vizt., Bounded South on Sandis- 



Acts, 1789. — Chapter 18. 415 

field, AVest on Tyringham, North on Becl'et & East on 
Loudon, together with the inhabitants thereon be & they 
hereby are incorporated into a District by the name of incorporated. 
Bethlehem, & the inhabitants of the said District are 
hereby invested with all the powers, privileges & immu- 
nities that Districts in this Commonwealth do or may by 
Law enjoy. 

And be it further enacted by the authority aforesaid, that ^g°'fo^^°,Y' 
Daniel Brown esqr. of Sandisfield be & he hereby is im- meetiDg. 
powered & required to issue his warrant, to some princi- 
pal inhabitant of the said District of Bethlehem, directing 
him to warn the inhabitants thereof to assemble at some 
convenient time & place in the said District, to choose all 
such officers as by law are to be chosen in Districts, in 
the month of March or April annually. 

And be it further enacted by the authority aforesaid, that ^f'^j^f/^.^y™ '° 
the District of Bethlehem aforesaid shall i)ay all the taxes taxes asaeased. 
that are justly assessed on them or that shall be assessed 
on them by the town of Sandisfield, so far they were re- 
turned by the Assessors of the said town of Sandisfield in 
taking the last valuation, until a new valuation shall be 
taken & no longer, any thing in this Act to the contrary 
notwithstanding. June 24, 1789. 

1789. — Chapter 18. 

[May Session, ch. 18.] 

AN ACT FOR REPEALING CERTAIN PARTS OF AN ACT, INTITLED, 

"AN ACT TO RAISE A PUBLIC REVENUE BY IMPOST." 

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 Act to raise a pul^lic revenue by J^p^el^ed/'*^ 
Impost shall be repealed, at the time the Act or law, that 
is, or shall be made by the Congress of the United States 
oi America for the purpose of raising a publick Revenue 
by Impost shall begin to operate in this State : 

Provided nevertheless, and be it enacted by the authority Proviso. 
aforesaid, that all parts of said recited Act, shall continue 
and be in force so far as to impower the Naval Officers 
and Collectors of Impost and Excise, and their Deputies 
respectively, to prosecute to final judgment and execution 
all breaches of said Act, to recover all fines and forfeit- 
ures, and to settle the Accounts and obligations with, and 
receive the dues from, all delinquents agreeably to said 
Act, any thing herein to the contrary notwithstanding. 

June 25, 1789. 



416 



Acts, 1789. — Chaptek 19. 



Preamble. 



Towns to 
provide achool- 
masters. 



Towns contain- 
ing 200 families 
to provide 
grammarschool- 
masters. 



1789. — Chapter 19. 

[May Session, ch. 19.] 

AN ACT TO PROVIDE FOR THE INSTRUCTION OF YOUTH, AND 
FOR THE PROMOTION OF GOOD EDUCATION. 

Whereas the Constitution of this Commonivealth, hath 
declared it to be the duty of the General Court to jjrovide 
for the education of youth; and whereas a general dis- 
semination of knowledge and virtue is necessary to the 
prosperity of every State, and the very existence of a Com- 
monwealtJi : — 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled & by the authority of the 
same, that every town or district within this Common- 
wealth containing fifty families, or householders, shall be 
provided with a Schoolmaster, or Schoolmasters of good 
morals, to teach children, to read & write, & to instruct 
them in the english language, as well as in arithmetic, or- 
thography, and decent behaviour, for such term of time as 
shall be equivalent to six months, for one school in each 
year. And every town or district containing one hundred 
families, or householders, shall be provided with such 
Schoolmaster or Schoolmasters, for such term of time as 
shall be equivalent to twelve months for one school in each 
year. And every town or district containing one hundred 
and fifty families or householders, shall be provided with 
such Schoolmaster or Schoolmasters, for such term of time 
as shall be equivalent to six months in each year ; and shall 
in addition thereto be provided with a Schoolmaster or 
Schoolmasters as above described, to instruct children in 
the english language for such term of time as shall be 
equivalent to twelve months for one school in each year. 
And every town or district containing two hundred fami- 
lies or householders shall be provided with a grammar 
schoolmaster of good morals, well instructed in the latin, 
greek and english languages, and shall in addition thereto 
be provided with a schoolmaster or schoolmasters as above 
described, to instruct children in the english language, for 
such term of time as shall be equivalent to twelve months 
for each of said schools in each year. — 

And whereas by means of the dispersed situation of the 
inhabitants of several towns & districts in this Common- 
wealth, the children & youth cannot be collected in any one 
place for their instruction, <& it has thence become expedient 



Acts, 1789. — Chapter 19. 417 

that the toivns and districts in the circumstances aforesaid 
should be divided into seperate districts for the purpose 
aforesaid. 

Be it therefore enacted by the authority aforesaid^ that Towns to 
the several towns and districts in this Commonwealth be of Bchoofdis"^ ^ 
and the}' are hereby authorized and empowered in town *"*''^' 
meetings, to be called for that purpose, to determine and 
define the limits of school districts, within their towns and 
districts respectively. 

And to the end that grammar school masters may not be 
prevented in their endeavours to discharge their trust in the 
most usefidl manner ; — 

Be it further enacted, that no youth shall be sent to such ^o yo"'ii '» ^^ 
grammar schools unless they shall have learned in some mar school untu 
other school, or in some other way to read the english direcr/'^ "^^^ 
language by spelling the same, or the selectmen of the 
town where such grammar school is, shall direct the gram- 
mar schoolmaster to receive and instruct such youth. — 

Be it further enacted by the authority aforesaid, that it Preeident, ssc. 
shall be and it is hereby made the duty of the President, sity and 'others, 
Professors and Tutors of the University at Cambridge, mol-aiTof' youth 
Preceptors & teachers of academies & all other instructors under their care. 
of youth, to take diligent care and to exert their best 
endeavours, to impress on the minds of children and youth 
committed to their care and instruction, the principles of 
piety, justice and a sacred regard to truth, love to their 
country, humanity and universal benevolence, sobriety, 
industry and frugality, chastity, moderation and temper- 
ance, and those other virtues which are the ornament of 
human society, & the basis upon which the republican 
Constitution is structured ; and it shall be the duty of 
such instructors to endeavour to lead those under their care 
(as their ages and capacities will admit) into a particular 
understanding of the tendency of the beforementioned 
virtues, to preserve and perfect a republican Constitution 
& to secure the blessings of liberty, as well as to promote 
their future happiness, & the tendency of the oposite vices 
to slavery & ruin. 

And to the end that improper persons may not he em- 
ployed in the important offices before mentioned; 

Be it further enacted by the authority aforesaid, that no orammarschooi 
person shall be employed as a school master as aforesaid ^u^ce^viden/e^of 
unless he shall have received an education at some College their knowledge 

. , 1 /• . . ~ in (ireek and 

or University, & before entering on the said business shall Latin language. 



418 



Acts, 1789. — Chapter 19. 



— And to sus- 
tain a good 
moral character, 



Proviso. 



Towns neglect- 
ing to procure 
and support 
schoolmasters, 
subject to 
penalties. 



produce satisfactory evidence thereof, or unless the per- 
son to be employed as aforesaid, shall produce a certifi- 
cate from a learned minister, well skilled in the greek & 
latin languages, settled in the town or place where the 
school is proposed to l)e kept, or two other such ministers 
in the vicinity thereof, that they have reason to believe 
that he is well qualified to discharge the duties devolved 
upon such school master by this Act, & in addition 
thereto, if for a grammar school, " that he is of competent 
skill in the greek and latin languages, for the said pur- 
pose." And the candidate of either of the descriptions 
aforesaid, shall moreover produce a certificate from a set- 
tled minister, of the town district, parish or place to which 
such candidate belongs, or from the Selectmen of such 
town or district, or committee of such parish or place, 
"that to the best of his or their knowledge, he sustains a 
good moral character." 

Provided nevertheless, this last certificate respecting 
morals shall not be deemed necessary, where the candi- 
date for such school belongs to the place where the same 
is proposed to be actually kept ; it shall however be the 
duty of such selectmen or committee who may be author- 
ized to hire such school master, specially to attend to his 
morals ; and no settled minister shall be deemed, held, or 
accepted to be a school master, within the intent of this 
Act. 

And be it further enacted by the authority aforesaid, that 
if any town or district, having the number oi fifty famlies 
or house holders, and less than one hundred shall neglect 
the procuring and supporting a school master or school 
masters to teach the english language as aforesaid, by the 
space of s^cc months, in one year, such deficient town or 
district shall incur the penalty of ten pounds, and a pen- 
alty proportional)le for a less time than six months in a 
year, upon conviction thereof, and upon having the num- 
ber of one hundred families or householders and upwards 
shall neglect the procuring & supporting such school- 
master or schoolmasters as is herein required to be kept 
by such town for the space of one year, every such defi- 
cient town or district shall incur the penalty of tiventy 
pounds and a proportionable sum for a less time than a 
year upon conviction of such neglect. And every town 
or district having one hundred & fifty families, or house- 
holders, which shall neglect the procuring and supporting 



Acts, 1789. — Chapter 19. 419 

such schoolmasters, and for such term of time as the 
Schools aforesaid are herein required to be kept by such 
town or district in any one year, shall incur the penalty 
oi thirty ijoiinds and a proportionable sum for a less time, 
upon conviction of such neglect. And every town or dis- 
trict having- two hundred families, or house holders and 
upwards, that shall neglect the procuring and supporting 
such grammar schoolmaster as aforesaid, for the space of 
one year, shall incur the penalty of thirty pounds, and a 
proportionable sum for a less time than a year upon con- 
viction of such neglect. 

And be it further enacted by the authority aforesaid, that Penalties to 
the penalties which may be incurred by virtue of tliis Act, warrant. 
shall be levied by w^arrant from the Supreme Judicial 
Court, or Court of General Sessions of the Peace for the 
County to which such deficient town or district belongs, 
u})on the inhabitants of such deficient town or district, in 
the same manner as other sums for the use of the County, 
and shall be paid into the County treasury, and the same 
shall be appropriated for the support of such school or 
schools as are prescribed by this law, in such town or 
towns, district or districts in the same County, as shall' 
have complied with this law, and whose circumstances 
most require such assistance, or in such plantation or 
plantations in the same County, as the said Court of ses- To be appro- 
sions shall order and direct. — And it shall l)e the duty court of ses- 
of the minister or ministers of the gospel & the selectmen direct! ^ 
(or such other persons as shall be specially chosen by each Ministers, &c. 

^ T./,, \ f ^ 1 to see the 

town or district lor that purpose) oi the several towns or schools regu- 
clistricts, to use their influence and best endeavours, that by the youth. 
the youth of their respective towns & districts, do regu- 
larly attend the schools appointed and supported as 
aforesaid, for their instruction, and once in every six 
months at least, and as much oftener as they shall deter- 
mine it necessary, to visit & inspect the several schools in 
their respective towns and districts, and shall enquire into 
the regulation and discipline thereof, and the proficiency 
of the schoUars therein, giving reasonable notice of the 
time of their visitation. 

Be it enacted by the authority aforesaid, that all plan- Towns, &c. to 
tations which shall ])e taxed to the support of Govern- thHupponof"^ 
ment and all parishes and precincts, are hereby authorized ^''^°°'^- 
& empowered at their annual meeting in March or April, 
to vote and raise such sums of money upon the polls and 



420 



Acts, 1789. — Chapter 19. 



No person to 
keep a school, 
until he or 
obtain a certifi- 
cate. 



9he 



Forfeiture. 



Requisite 
quallflcationfi. 



rateable estates of their respective inhabitants for the sujo- 
port and maintenance of a school master to teach their 
children and youth, to read, write and cypher, as they 
shall judge expedient, to be assessed by their assessors in 
due proportion and to be collected in like manner, with 
the public taxes. 

Jind ivhereas schools for the education of children, in 
the most early stages of life may be hept in toums, districts 
or plantations, which schools are not before particularly 
described in this Act; and that the greatest attention may 
be given to the early establishing just jyrinciples in the 
tender minds of such children and carefully instructing 
them in the first principles of reading ; 

Be it enacted, that no person shall be allowed to be a 
master or mistress of such school, or to keep the same, 
unless he or she shall obtain a certificate from the select- 
men of such town or district where the same may be kept, 
or the committee appointed by such town, district or 
plantation to visit their schools, as well as from a learned 
minister settled therein, if such there be, that he or she is 
a person of sober life and conversation, and well qualified 
to keep such school. And it shall be the duty of such 
master or mistress, carefully to instruct the children at- 
tending his or her school in reading (& writing if con- 
tracted for) and to instill into their minds a sense of piety 
and virtue, and to teach them decent behaviour. And if 
any person shall presume to keep such school, without a 
certificate as aforesaid, he or she shall forfeit and pay the 
sum of twenty shillings, one moiety thereof to the informer, 
and the other moiety to the use of the poor of the town, 
district or plantation where such school may be kept. 

Be it further enacted by the authority aforesaid, that no 
person shall be permitted to keep within this Common- 
wealth, any school described in this Act, unless in conse- 
cpience of an Act of naturalization, or otherwise, he shall 
be a citizen of this or some other of the United States, & 
if any person who is not a citizen of this or some one of 
the United States, shall presume to keep any such school 
within this State for the space of one month, he shall be 
subjected to pay a fine of twenty pounds, and a propor- 
tional)le sum for a longer or shorter time ; the one half 
of which fine shall be to the use of the person who shall 
sue for the same, and the other half thereof to the use of 
this Commonwealth. 



Acts, 1789. — Chapter 20. 421 

And be it further enacted bij the authority aforesaid, that J^l^^°^^ 
all lines and forfeitures for a breach of this Act, shall be 
recovered by bill plaint or information before any Court 
proper to try the same ; and all grand jurors shall dili- 
gently enquire and presentment make of all breaches and 
neglects of this Law. 

And be it further enacted by the authority aforesaid, that 
this Act shall be in force and operate from and after the 
first day of October next. June 25, 1789. 

1789. — Chapter 30. 

[May Session, ch. 20.] 

AN ACT IN ADDITION TO THE ACT REGULATING THE EXPOR- 
TATION OF FLAX SEED AND OTHER ARTICLES, PASSED ON 
THE NINTH DAY OF NOVEMBER, ANNO DOMINI ONE THOU- 
SAND SEVEN HUNDRED AND EIGHTY FOUR. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled & by the authority of the 
same, that the reo'ulations respecting the shipping and ex- Exportation of 

o ^i^o ^lio i»i Flax seed how 

porting of flax seed, as provided in the said Act to which regulated.' 
this is an addition, shall from and after the passing of this 
Act extend and be construed to extend, to the shipping 
and exporting of flax seed which shall be exported to any 
port or place within the Kingdom of Ireland, or that part 
of Great Britain commonly called Scotland, only ; — and 
that all flax seed which shall be intended to be exported 
to any other port or place, may, after inspection and ex- 
amination, in manner as is provided in that Act, or as is 
herein after provided, be shi[)ped and exported in bulk or 
in casks of any other dimentions, than by that Act are re- 
quired, any thing therein contained to the contrary not- 
withstanding ; provided ahvays that such casks shall have Proviso. 
a mark of the surveyor, expressing the quantity contained 
therein, and be otherwise surveyed and marked as in the 
said Act is provided and required. 

And be it further enacted by the authority aforesaid, that pJ^so^aLV^ied 
in every case of the shippino; of flax seed in bulk, the to produce a 

./ , lis 1 X j-1 certificate of 

owner or shipper thereof shall procure and procuice to the survey. 
master, officer or mariner of the vessel appointed to re- 
ceive the same, duplicate certificates under the hand and 
seal of some surveyor of flax seed, that the quantity of 
flax seed expressed in such certificates hath been surveyed 
and examined and been found to be well cleansed and in 



422 



Acts, 1789. — Chapter 20. 



Forfeiture. 



good order ; and before such vessel, having on board flax 
seed in bulk, shall be cleared out l)y any naval officer of 
any port withm this Commonwealth, the master officer or 
mariner who has received such flax seed, shall make oath 
to the whole quantity which hath been so laded and by 
him received on board such vessel, and by whom the same 
hath been shipped, & shall also lodge with such naval offi- 
cer one of the duplicates of the surveyor's certificate or 
certificates for the whole quantity of flax seed as aforesaid, 
and such naval officer shall likewise require the oath of the 
respective owners or shippers of such flax seed, to be 
taken before some such naval officer or certified to him by 
some Justice of the Peace, that the quantities of flax seed 
shipped as aforesaid are the same which in such surveyor's 
certificate or certificates respectively are contained and 
mentioned; and the other of the said duplicates, having 
the clearance of such naval officer annexed, shall be car- 
ried by the master of such vessel to be by him produced 
in any port or place where such flax seed shall be unladed 
and discharged. 

Jind be it enacted by the autJiority oforesaid, that any 
person who shall presume to lade or receive in bulk, on 
board any vessel bound out of this Commonwealth, any 
flax seed not havino- been surveved and certified as afore- 
said, shall forfeit and pay the sum of six shillings for 
every bushel of such flax seed so shipped and received as 
aforesaid, with the whole of such flax seed. 

And be it further enacted, by the authority aforesaid, 

Surveyor's fees, that the survcyor of any flax seed intended to be shipped 
in bulk, shall have and receive for the same and his dupli- 
cate certificates thereupon, one halfpenny for every bushel 
of such flax seed by him surveyed and certified, and if 
guilty of any neglect or fraud therein, shall l)e liable to 
the same penalties and forfeitures as are already provided 
respecting the surveying of flax seed shipped in casks ; 

Penalties in case and any person Avho shall be guilty of any fraud in forging 
or altering the certificate of any surveyor shall be liable 
to the like penalties as in the said Act are provided, in 
case of forging any brands or marks. 

And be it enacted by the authority aforesaid, that all 
penalties and forfeitures which shall be incurred by virtue 
of this Act, shall be recovered and appropriated in manner 
as in the said Act, to which this is an addition, is provided. 

June 25, 1789. 



Penalties how 
recovered. 



Acts, 1789. — Chaptees 21, 22. 423 



1789. — Chapter 21. 

[May Session, ch. 22.] 

AN ACT TO INCORPORATE THE PLANTATION FROM BELFAST 
TO WHEELER'S MILLS, WEST SIDE OF PENOBSCOT RIVER 
IN THE COUNTY OF LINCOLN INTO A TOWN BY THE NAME 
OF FRANKFORT. 

Be it enacted by the Senate & House of Representatives 
in General Court assembled (& by the authority of the 
same, that the tracts of Land bounded as followeth, vizt., Boundaries. 
Northeasterly on the bay oi Belfast & Penobscot River up 
said River to Wheeler's Mills, thence by a line beginning 
at the Southeast corner of Belfast & running due North, 
on the Eastern bounds oH Belfast, until a line running due 
West from the said Wheeler's Mills shall intersect the same, 
together with the inhabitants thereon be & they are hereby 
incorporated into a town, by the name oi Frankfort; & 
the inhabitants of the said Town are herel)y invested with 
all the powers, privileges &, immunities, which the inhabi- 
tants of towns within this Commonwealth do, or may by 
law enjoy. 

And be it further enacted that Benjamin Shute Esqr. is ^^^^f^^"^ 
hereby authorized & impowerecl to issue his warrant, di- impowered'to 
rected to some suitable inhabitant of the said Town of ^^ * ™^^ ^'^^' 
Frankfort, directing him to notify the inhabitants of the 
said Town, to meet at such time & place as he shall ap- 
point, to choose such officers as other towns are empow- 
ered to choose at their annual Meetings in the Months of 
March or April annually. June 25, 1789. 

1789. — Chapter 22. 

[May Session, ch. 23.] 

AN ACT TO INCORPORATE THE ISLANDS IN PENOBSCOT BAT, 
COMMONLY CALLED THE NORTH AND SOUTH FOX ISLANDS, 
IN THE COUNTY OF LINCOLN, INTO A TOWN BY THE NAME 
OF VINALHAVEN. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that the Islands in Penobscot bay in the county Boundaries. 
of Lincoln, commonly called the north and south Fox 
Islands l)()unded as follows, westerly & northerly on Pe- 
nobscot bay, easterly on Fox Island bay, which seperates 
these Islands from the Isle of Holt and Deer Island divi- 



424 Acts, 1789. — Chapter 23. 

sions of Islands, and southerly on the Atlantic ocean to- 
gether with the inhabitants thereon, be and they are 
hereby incorporated into a town by the name of Vinal- 
haven ; and the inhabitants of the said town are hereby 
invested with all the powers privileges and immunities 
which the inhabitants of towns within this Commonwealth 
do, or may by law enjoy. 
S^auth^dzed ^^^^ ^^ *^ further enacted, that William Vinal Esqr. is 
to call a meet- hereby authorized and empowered to issue his warrant 
directed to some suitable inhal)itant of the said town of 
Vinalhaven, directing him to notify the inhabitants of the 
said town, to meet at such time and place, as he shall 
appoint, to choose such officers, as other towns are em- 
powered to choose at their annual meetings in the months 
oi March or April annually. Jxme 25, 17S9. 

1789. — Chapter 23. 

[May Session, ch. 2-t.] 

AN ACT IN ADDITION TO, AND FOR REPEALING CERTAIN 
CLAUSES IN AN ACT, INTITLED "AN ACT TO RAISE A 
PUBLIC REVENUE BY EXCISES" AND ALSO FOR REPEALING 
CERTAIN CLAUSES IN AN ACT, INTITLED "AN ACT IN 
ADDITION TO AND FOR THE AMENDING OF AN ACT, IN- 
TITLED "AN ACT TO RAISE A PUBLIC REVENUE BY EX- 
CISES." 

Be it enacted hy the Senate and House of Re}wesenta- 

tives in Ge^ieral Court assembled and by the authority of 

Enacting clauses the saijie, that the fourth, fifth, sixth, seventh and eighth 

declared null . ' . . ^ i • i i n i 

and void. enactmg clauses, m the Act first above recited, be and they 

are hereby declared to become null and void at the time 
the Act or law, that is or shall be made by the Congress 
of the United States of America for collecting a duty of 
impost, shall begin to operate in this State ; 

Proviso. Provided nevertheless, that the seventh enacting clause 

aforesaid shall continue and be in force so far as it relates 
to the form of the excise bond therein prescribed. 

And be it enacted, that when any vessel shall arrive in 

accountable to any Dort or harbour in this State, having excised articles 

the collector iii • -k c \ ^•\ 

of excise. on Doard, the owner or consignee thereof shall, previous 

to selling or disposing of the same or any part thereof, 
render an account to the collector of excise or his deputy 
of the quantity of the said excised articles, as the same 
shall have been entered in the office that is or shall be 
established by the Congress aforesaid, for ascertaining 



Owner or 
consignee 



Acts, 1789. — Chapter 23. 425 

the qucantity and value of imported goods, and shall give 
bond with sureties to pay the excise thereon, in the form 
of the bond, herein continued and declared to be in force. 
And every importer or consignee who shall refuse or neg- fa^se of ne^giect. 
lect to give l)ond as aforesaid, for the space of ten days 
after he has paid or secured the duty of impost in the 
oflfice established by Congress as aforesaid, shall forfeit 
and pay a line equal to double the excise on the articles so 
imported : — And an attested copy of the entry of the ex- 
cised articles in the office aforesaid, given by the proper 
officer thereof, shall be plenary proof against the owner or 
consignee for the quantity imported : The said fine or for- 
feiture to be sued for and recovered by the said collector 
in an action of debt to the use of the Common w^ealth. 

Be it enacted, that every importer, consignee or con- Prohibiting 
ductor of excised articles brought into this State by land 
or water from either of the United States of America, or 
from any other State in America, be and they are hereby 
prohibited from selling or any way disposing of the same 
or any part thereof, until an excise l)ond is given as afore- 
said ; and each person refusing or neglecting to comply 
with this enacting clause, shall forfeit and pay a fine equal Forfeiture. 
to double the excise on the articles brought into this State 
as aforesaid, to be recovered as mentioned in the preceed- 
ing clause. And the said collectors and their deputies are collectors 
hereby empowered and directed, whenever they shall find i^twreaBe. 
excised articles brought into this State from either of the 
other States as aforesaid, to demand the excise bond 
herein directed to be given, & if no person appears to 
give said bond wnth sureties, then to take said excised 
articles into custody at the cost and risk of the owner ; 
and if the excise bond is not given within fifteen days, 
then to sell so much of said articles at public auction as 
shall be sufficient to pay the whole excise and all costs and 
charges that have arisen, & if there is an}^ overplus to re- 
turn it to the owner on demand. 

Be it further enacted hi/ the authority aforesaid, that certificates to 
from and after the first day of August seventeen hundred emotion, how 
& eighty nine, no person exporting excised articles out of ^^'^^ "^^ 
this State shall be intitled to an exemption from paying 
the duties of excise thereon, unless in addition to the cer- 
tificate already required by the said Act, intitled, "An 
Act to raise a public revenue by excises," the certifying 
officer therein mentioned and descriljed, shall further cer- 



426 



Acts, 1789. — Chapter 24. 



Enacting clause 
declared null 
& void. 



tify, that he has particular!}^ examined the articles men- 
tioned in the permit or manifest, and found the same in 
quantity & quality in the State to which they were per- 
mitted to be exported. 

Be it enacted that the second enacting clause, in the 
second recited Act, intitled "An Act in addition to, and 
for the amending of an Act, intitled " An Act to raise a 
public revenue l)y excises," be and it is hereby declared to 
become null and void at the time the duty of impost shall 
begin to operate in this State in favor of the United States 
oi America. June 25, 1789. 



1789. — Chapter 24. 



[May Session, ch. 25.] 

AN ACT FOR ERECTING & ESTABLISHING TWO NEW COUNTIES 
IN THE COUNTY OF LINCOLN 8c DECLARING THE BOUNDA- 
RIES OF THE COUNTY OF LINCOLN IN FUTURE. 



Preamble. 



Whereas the great extent of the County of Lincoln makes 
its convenient that two new Counties should be er'ected and 
established in the easterly part thereof. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
h'wb°unded*^ ^^^^ saw2e, that the County of Lincoln aforesaid be, and 
hereby is declared to be bounded easterly by a line begin- 
ing at Penobscot bay, in the boundary line between the 
town of Thomastown, and the town of Cambden; thence 
running northw^esterly by the east line of Thomastown, 
Warren & Union, to the northeast corner of Union, thence 
north, twenty two degrees & one half of a degree east, 
untill it intersects the north line of the Waldo Patent, 
thence north, to the highlands ; all the other boundary 
lines of said County to remain the same as heretofore : 
Provided that no Island lying to the eastward of a line to 
be drawn due south from the most easterly part of the 
County oi Lincoln, as declared to be bounded by this Act 
shall be considered as belonging to the said County of 
Lincoln. 

And be it further enacted that the Westermost of the 
two new Counties aforesaid, shall be, and it is hereby de- 
clared to be bounded westerly by the easterly line of the 
County oi Lincoln above described, easterly by a line be- 
ofinnino; at the bounds making the northeast corner of 
Goldsborough, and southeast corner of Township number 



Proviso. 



Hancock county 
how bounded. 



Acts, 1789. — Chapter 24. 427 

seven, thence running northerly hy the east line of Num- 
ber seven, and by the east line of Number ten, to the 
southeast corner of Township Number sixteen, from thence 
due north to the Highlands, including all the Islands on 
the sea coast of the said new County, lying between lines 
drawn due south from the easterly part of the County of 
Lincoln as before described and the north easterly corner 
of Gouldsborough aforesaid, and all the towns, districts 
and lands within said bounds shall from and after the first 
day of May, One thousand seven hundred and ninety, be 
and remain one intire and distinct County, by the name of 
Hancock, of which, Penobscot shall be the shire or County 
Town ; and the inhabitants of said County of Hancock 
shall have, use exercise and enjoy all such powers, privi- 
ledges and immunities as by law the inhabitants of any 
other County within this Commonwealth, have, use, exer- 
cise and enjoy. 

And he it further enacted that there shall be held and foTeheM!'^'^^ 
kept within the said County of Hancock a Court of Gen- 
eral Sessions of the Peace and a Court of Common Pleas 
to sit at Penobscot aforesaid, on the third Tuesday of June 
and Sejjtember yearly, and in every year, untill the Gen- 
eral Court shall otherwise order ; and the Justices of the 
said Court of General Sessions of the Peace and Court of 
Common pleas who are or shall be thereunto lawfully com- 
missioned and appointed, shall have, hold, use, exercise, 
and enjoy all & singular the powers which are by law 
already given and granted to such Justices within any 
other County of this Commonwealth, where a Court of 
General Sessions of the Peace, and Court of Common 
Pleas are already established. And all appeals from any 
Judgment or Judgments given at any Court of General 
Sessions, and at any Court of Common Pleas within the 
said County of Hancock, shall be heard and tried at the 
Supreme Judicial Court, to be held yearly at Pownalbor- 
ougli in the County of Lincoln aforesaid. 

And be it further enacted, that the methods, and pro- ^"'es to be 

-, ■, 1 . , . /->, rr\ observed, as by 

ceedino-s dn-ected by law tor chusmg a County Ireasurer, law directed in 

1 ,'■" . 1 1 • • /• 1 V X • X* other counties. 

also lor the brmging forward and trymg any actions, 
causes, pleas or suits both civil and criminal in the several 
Counties of this Commonwealth, and Courts of Judicature 
within the same and for chusing of Jurors to serve at the 
several Courts of Justice, shall be observed and put in 
practice within the said County of Hancock, and by the 



428 



Acts, 1789. — Chapter 24. 



Washington 
county how 
bounded. 



Courts where 
to be held. 



Rules to be 
observed as by 
law directed in 
other counties. 



Courts of Justice within the same, any law, usage or cus- 
tom to the contrary notwithstanding. 

jL7id be ii further enacted, that the eastermost of the two 
new Counties aforesaid, shall be bounded in the following 
manner, viz, westerly by the easterly line of the County' 
of Hancock aforedescribed, on the south and southeast by 
the sea or western ocean, on the north by the utmost north- 
ern limits of this Commonwealth and easterly by the river 
Saint Croix, comprehending all the lands within this 
Commonwealth to the eastward of the line of the County 
of Hancock aforesaid, including all the Islands on the sea 
coast of the said eastermost County : And all the towns 
districts and lands within said bounds, together with the 
Islands aforesaid, shall from & after the first day of 
May, in the year of our Lord one thousand seven hundred 
and ninety, be, and remain one entire and distinct County 
by the name of Wafihington, of which MacJiias shall be 
the shire or County town, and the inhabitants of the said 
County of Washington, shall have, use, exercise & enjoy 
all such powers, priviledges & immunities, as by law the 
inhabitants of any other County within this Common- 
wealth, have, use, exercise and enjoy. 

And he it further enacted, that there shall ))q held &> 
kept within the said County of Washington a Court of 
General Sessions of the Peace, and a Court of Common 
Pleas, to sit a Machias aforesaid on the fourth Tuesday 
of June and September yearly, & in every year untill the 
General Court shall otherwise order ; And the Justices of 
the said Court of General Sessions of the Peace, and 
Couii; of Common Pleas, who are or shall be thereunto 
lawfully commissioned & appointed, shall have, hold, use 
exercise and enjoy, all and singular the Powers which are 
by law already given & granted to such Justices, within 
any other County of this Commonwealth, where a Court 
of General Sessions of the Peace, and Court of Common 
Pleas are already established : And all appeals from any 
judgment or judgments, given at any Courts of General 
Sessions and at any Courts of Common Pleas, within the 
said County of Washington shall be heard and tried at the 
Supreme Judicial Court to be held at Poivnalborough 
yearly in the County oi Lincoln aforesaid. 

And be it further enacted, that the method & proceed- 
ings directed by law for chusing a County Treasurer ; also 
for the bringing forward, and trying any actions, causes, 
pleas or suits, both civil and criminal in the several 



Acts, 1789. — Chapter 25. 429 

Counties of this Commonwealth, & Courts of Judicature 
within the same, and for cliusing of Jurors, to serve at 
the several Courts of Justice, shall be observed and put 
in practice within the said County oi Washington, and by 
the Courts of Justice within the same, any law usage or 
custom to the contrary notwithstanding. 

And be it further enacted that all Writs, suits Plaints, Matters depend. 
processes, appeals, reviews & recognizances, and any other &|.h'ow°pro!' 
matters or things which now are, or at any time before '^^^^^^ °"- 
the said tirst day of May One thousand seven hundred 
and ninety shall be depending in any Court within the 
County of Lincoln, and all matters & things which now 
are, or at any time before the first day of May aforesd. 
shall 1)e depending before the Judge of Probate, of the 
said County oi Lincoln, shall be heard, tried, proceeded 
upon & determined at such time & place, and in such 
manner as they would have been if this Act had not been 
made . 

And he it further enacted that nothing in this Act con- conveyances, 
tained shall be construed to disannul, defeat or make void valid. 
any conveyances of land lying in either of the new Counties 
aforesaid, which are or shall be, before the establishment 
of a Registry in each County recorded in the Register's 
Office of the County of Lincoln aforesaid, but all such 
deeds and conveyances so recorded shall be held as good 
and valid as they would have been in case this Act had 
not been made. 

And he it further enacted that the inhabitants of the 
several towns and districts, within the Counties aforesaid 
shall pay their proportion of all Count}^ rates and taxes 
already granted and made, in the same manner as they 
would have done, if this act had not been made. 

June 25, 1789. 

1789. — Chapter 25. 

[May Session, ch. 21.] 

AN ACT PROVIDING AN ESTABLISHMENT FOR THE ATTORNEY 

GENERAL. 

Le it enacted hy the Senate and House of Representa- 
tives in General Court assembled, & hy the authority of 
the same, that the allowance to be made to the Attorney Grant to the 
General for his services from and after the eighth day of G"ne°al! 
March in the year of our Lord seventeen hundred and 
eighty eight to the eighth day of March seventeen hun- 



430 



Acts, 1789. — Chapter 26. 



Attorney Gen- 
eral to account 



dred and ninety, be the sum of Three hundred pounds a 
year, the said sum to be paid him out of the public treas- 
ury in quarterly payments. 

Ayid be it further enacted by the authority aforesaid, that 
for fees of office, jn taxiug Mlls of costs in criminal prosecutions at the 
Supreme Judicial Court in the several Counties within 
this Commonwealth, the sum of fifteen shillings he, taxed 
in each bill of cost for the fees of the Attorney General, 
and that no travel be taxed, and that all fees received by 
the Attorney General in and by virtue of his said office, 
shall be accounted for by him with the Treasurer of the 
Commonwealth. June 25, 1789. 



Mode of 
process to be 
adopted. 



1789. — Chapter 26. 

[May Session, ch. 26.] 

AN ACT, PRESCRIBING THE FORM, & DIRECTING THE MODE 
OF PROCESS, TO BE ADOPTED IN REPLEVYING OF CATTLE, 
OR BEASTS DISTRAINED, & ALSO OF GOODS AND CHATTELS. 

Be it enacted by the Senate & House of Representatives 
in General Court assembled, and by the authority of the 
same, that when any person shall have his Cattle restrained 
or impounded, in order to obtain satisfaction for damages 
they may have committed, or to obtain a forfeiture sup- 
posed to have been incurred for their going at large out 
of the inclosure of the owner, in vistation of law, in order 
to have the legality of such distraint or impounding de- 
termined, he may have and prosecute, a Writ of replevin 
for the liberation of the Cattle thus impounded in the form 
folio wins;. — 



Form of the 
writ. 



Commonwealth of Massachusetts » 



8- 



ss 



[seal] To the Sheriff of our County of S or his 

Deputy, or to either of the Constables of the toivn of B in 
said County, Greeting. 

We command you that you replevy [Jiere in.'^erf a di- 
scription of the beast or beasts impounded,'] belonging to 
P D oi B {addition) now distrained or impounded by 
S P oi B (^addition) in the common Pound in said B (or 
in such other place as they may be restrained) and then 
deliver unto the said P D, provided the same are not 
taken & detained upon mean process. Warrant of distress 
or upon execution, as the property of the said P D ; and 



Acts, 1789. — Chapter 26. 431 

summon the said xS' -P to appear before /. S. one of our 
Justices of the Peace for our said County of jS. at his 
dwelling house in £ on the day of at of the 
Clock in the noon, to answer unto the said f* D in a, 
plea of replevin, for that the said S P on the day of 
at a place called A in B aforesaid, unlawfully took 
and impounded the said , and the same unjustly de- 

tained to this day to the damage of the said jP Z) as he 
saith, the sum of shillings, as shall then and there ap- 
pear with other due damages : Provided he the said P D 
shall give bond with sufficient surety or sureties to the 
said S P vn the sum of pounds, being double the 
value of the said beasts, to prosecute his said replevin to 
final judgment, and to pay such damages and costs as the 
said 8 P shall recover against him ; and also to return 
the said in case such shall be the final judgment. 
And of this Writ with your doings hereon, and the bond 
you shall take, you are to make return to our said Justice, 
on or before the said day of at Clock. Wit- 
ness /. S. our said Justice at B in said County, this 
day of Anno Domini 11 18 

And when the Sherifl\ or his Deputy are parties the 
Writ may be directed to a Coroner, or where the sum 
does not exceed twenty pounds it may be directed to a 
Constable and by him executed. 

And be it farther enacted, that when it shall appear Judgment in 
from the plea of the Defendant in replevin, that the Cattle detention; how 
were taken and impounded damage fezant, or for the re- ^^'>'^'^''«'^- 
covery of a penalty incurred for their being found going 
at large, out of the inclosure of the owner in violation of 
law, and upon the issue, it shall be determined that the 
cause of taking and detaining was lawfuU & justifiable, 
judgment shall, instead of a return of the Cattle, be ren- 
dered for the defendant in replevin, to recover such 
reasonable damages, as upon a consideration of the cir- 
cumstances of the case, the Justice (or a Jury, in case it 
comes before one) shall assess, together with costs of tak- 
ing and impounding, and costs of defence: But if upon — Howren- 
the trial of the issue it shall appear, that the Cattle were talMd witho'ut 
taken or detained without sufficient and justifialJe cause, cau"^,"®"* 
the plaintiff in replevin shall recover such reasonable 
damages for the taking and detaining, as the Justice, (or 
a Jury, in case it comes before one) shall assess, together 
with his costs : But when from the matter of the plea of 
the defendant in replevin, damages with propriety cannot 



432 



Acts, 1789. — Chapter 26. 



be assessed, or that a restoration of the property replevied, 
is the best recompenee the parties can have, and upon the 
issue it shall ])e found that the Cattle were taken & de- 
tained lawfully, and for justifia])]e cause, the judgment 
shall be rendered, that the Cattle be returned & restored 
to the defendant irrepleviable, & for costs, & he be in- 
titled to a Writ of return & restitution accordingly. 
The defendant ji7id be it further enacted, that when it shall apioear from 
to prosecute his the plca or avowry of the defendant in replevin, that the 
certatnc^ases. sum demanded in damage for the taking & detaining ex- 
ceeds eighty shillings, or that the property of the beast 
taken is the question l>etween the parties (in case the 
value exceeds eighty shillings) or that the right to soil 
and freehold is coming in question ; in every such case 
the Justice shall not proceed to try the issue, but shall 
order the defendant in replevin to recognize in a reason- 
able sum with sufficient surety and sureties to the adverse 
party, to enter the said action at the next Court of Com- 
mon pleas, or the Supreme Judicial Court, to be held in 
the same County, as the plaintifi' in replevin shall then and 
there elect and chuse, and to prosecute the same to effect ; 
Judgment to be and if such defendant in replevin shall neglect or refuse 
thus to recognize, the Justice shall render judgment against 
him, in the same manner as if he refused to make answer 
to the same suit. And in case such defendant shall, after 
recognizing, fail of entering, or prosecuting the same 
action, the plaintiff may enter and prosecute the action, 
or have his remedy on the recognizance, at his election. 

And he it further enacted, that when any goods or 
chattels shall be taken, distrained or attached, which shall 
be claimed by a third person, and the person thus claim- 
ing the same, shall think proper to repley them, in case 
such goods & chattels are of the value of more than four 
pounds, he may take out & prosecute his Writ of replevin 
from the Clerk's Office of the Court of Common Pleas, in 
the County where the goods and chattels are thus taken, 
distrained, or attached in the form following. 



rendered in 
certain cases 



Commonwealth of Massachusetts. 

8 ss 

[seal] To the Sheriff of our County ofS or his 

Deputy — Greeting. 

(or if the Sheriff or his Deputy are defendants, then it 
may be directed to a Coroner) 



Acts, 1789. — Chapter 26. 433 

We command you, that you replevy the goods and ^p|e,°n. 
Chattels following, viz : {here enumerate & particularly 
describe them) belonging to P D of jB (addition) now 
taken, detained, or attached (as the case may be) hy /S P 
of B (addition) at in B aforesaid, and them deliver 
unto the said B D; jjrovided the same are not taken and 
detained upon mean process, Warrant of distress, or upon 
execution, as the property of the said B D, and summon 
the said S B that he appear before our Justices of our 
Court of Common Pleas next to be holden at B, within 
and for our County of S, on the Tuesday of to 
answer unto the said B D m a plea of replevin, for that 
the said S B one the day of at said B, unlawfully, 
and without any justifiable cause, took the goods and 
chattels of the said B D as aforesaid, and them unlaw- 
fully detained to this day, to the damage of the said B D, 
as he says the sum of jjoimds. Brovided he the said 
B I) shall give bond to the said S B with sufiicient surety 
or sureties in the sum of jwunds, being twice the value 
of the said goods and chattels, to prosecute the said re- 
plevin to final judgment, and to pay such damages and 
costs as the said S B shall recover against him, and also 
to return & restore the same goods and chattels, in like 
good order and condition, as when taken, in case such 
shall be the final judgment ; and have you there this Writ 
with your doings herein together with the bond you shall 
take: Witness /SiVEsqr. at B this day of anno 

Domini 17 B B Clerk 

And in case the Plantifl:' in replevin, shall neglect to judgment for 
enter & prosecute the suit, the defendant may upon com- else" *° 
plaint have judgment for a return and restoration of the 
goods and chattels replevied, and damages for the taking, 
to the amount of six per cent on the bond with reasonable 
costs and a Writ of return and restitution thereupon ac- 
cordingly ; And if upon a trial of the issue, judgment shall ^"[fng^pfafn'. 
be rendred for a return and restitution, the interest of six tiffs- damages. 
per cent upon the penal sum of the bond shall be taken as 
a rule for estimating the Plaintiff"'s damages, in case they 
were taken on Execution. And when the cause of taking- 
shall have been upon execution, the goods and chattels 
returned, shall be held responsible for the si)ace of twenty 
days after the return, and if on mean process, until! thirty 
days shall have expired after final judgment thereon, in 
case judgment shall not then have been given ; but if final 



434 Acts, 1789. — Chapter 26. 

judgment on the mean process shall have been given before 
the return, then for the space of twenty days only, after 
the return, to the end, the creditor at whose suit they 
were originally taken, may have a compleat remedy & the 
benefit of his attachment : And the monies recovered by 
way of damages, by any Officer who has taken or attached 
at the suit of a creditor, shall be considered and taken as 
recovered to the use of the creditor ; & when received, be 
paid over to him accordingly. 

And be it further Enacted, that when the defendant in 
replevin cannot be found, an authentic copy of the writ of 
replevin, attested by the Officer, being left at his house or 
place of usual abode, seven days, if before a Justice, and 
fourteen if before the Court of Common Pleas, prior to the 
time of trial shall 1)e sufficient to oblige the defendant to 
answer to the suit. 

And be it further enacted, that the form of the Writ of 
return & restitution to be issued, to carrj^ a judgment of 
that kind, rendered before a Justice of the Peace, into 
execution, shall be in substance as follows vizt. 



Writ of return. 



Commonwealth of Massachusetts 
8 ss 

[seal.] To the Sheriff of our Counts/ of S or his 

Deputy, Greeting. 

Whereas P D oi B in our County of {addition) lately 
replevied the beasts following (Jiere insert such discrip- 
tion of them as they had in the writ of replevin) which 8 
P oi B in our County of {addition) had unlawfully taken 
and unjustly detained, as the said P D suggested, and 
caused the said *^ jP to be summoned l)efore / 8 one of 
our Justices of the Peace for our said County of 8, to 
answer unto the said P D for such supposed unlawful! 
taking and detaining at a day now passed : And whereas 
upon the day of at B aforesaid upon a hear- 

ing of the cause of taking and detaining the said beasts, 
before our said Justice, it appeared that the same taking 
and detaining was lawfull & justifiable ; Whereupon it 
was then and there considered, that the same beasts be re- 
turned, and restored to the said 8 P irrepleviable, and 
that the said 8 P recover against the said P D the sum 
of shillings damages, for his taking the same by the 
said process of replevin, and the further sum of for 
his costs, arisen in the defence of the said suit, as by the 
record of our said Justice, before him remaining to us ap- 
pears ; whereof execution remains to be done : We com- 



Acts, 1789. — Chapter 26. 435 

mand you therefore that you forthwith return and restore 
the same beasts unto the said )S P, and also that of the 
money of the said P D or of his goods or chattels within 
your precinct, at the value thereof in money, you cause to 
be levied paid and satisfied unto the said ti P the afore- 
said sums, being in the whole, with one shilling and 
six pence more for this Writ, together with your own fees ; 
and for want of such money, goods, or chattels of the said 
P D to be by him shewn unto you, or found within your 
precinct to the acceptance of the said S P for satisfying 
the aforesaid sums, We command you to take the body of 
the said P D and him commit unto our Goal in B ; and 
we command the keeper thereof accordingly to receive the 
said P D unto our said Goal, and him safely to keep un- 
till he pay the full sums above mentioned, with your fees, 
or that he be discharged by the said S P, the creditor, or 
otherwise by order of law ; hereof fail not, and make re- 
turn of this Writ with your doings therein, unto our said 
Justice within sixty days next coming ; Witness our said 
Justice at B, the day of in the year of our 

Lord IS 

And be it further enacted^ that when the Sheriff or other withemham 
officer, unto whom the Writ of Return and restitution shall in 0^81!^*°'^ 
be directed, shall not be able to find the beast or other 
property in his precinct, which shall by the same precept 
be directed to be returned and restored irrepleviable, and 
the same shall appear in writing, by the return of the Offi- 
cer thereon, the Court from whence the same issued may 
upon motion grant a Withernham against the Plaintift' in 
replevin to compel a compleat and specific performance 
of the Judgment, which Writ of Withernham shall be in 
substance as follows Viz. 



Commonwealth of Massachusetts. 

S ss 

[seal.] To the Sheriff of our County of S or his 

Deputy, Greeting. 

Whereas PZ) of B in our County of S {addition) lately 
replevied the beasts following viz {here insert such di- 
scription of them as they had in the Writ of replevin) and 
which were at the time of the replevy, of the value of 
which S P of B aforesaid had unlawfully taken and de- 
tained, as the said P D suggested, and caused the said S 
P to be summoned before / S one of our Justices of the 
Peace for our said County of S, to answer unto the said 



Writ of 
Withernham. 



436 Acts, 1789. — Chapter 26. 

P D for such supposed unlawfull taking and detaining at 
a day now passed ; And whereas upon the day of 
at B aforesaid, upon a hearing of the cause of taking and 
detaining the said Beasts, by our said Justice, it was de- 
termined, that the same taking and detaining was lawfull 
and justifiable : Whereupon it was then and there consid- 
ered, that the beast be returned and restored to the said 
IS -P irrepleviable & for his damages and costs, and after- 
wards, on the day of our Writ of return and resti- 
tution issued, in due form of law, directed to the SheriflE" 
of our said County of /S', or his Deputy, to return the 
same accordingly ; Which Writ of return and restitution 
was delivered to C D to execute accordingly ; who, on 
the day of returned thereon, that {Jiere insert the 
return made by the Officer, of his inability to return the 
beast) And We being desirous that the said P D should 
not by his false suggestions, and pretentions, any longer 
detain the beasts, so by him replevied as aforesaid, com- 
mand you forthAvith to take the beasts of the said P D of 
like kind and value of any he hath, to be found in your 
precinct in Withernham, and in default thereof, any other 
of his goods & chattels to the full value in Withernham, 
and them deliver unto the said S P, to be by him kept, 
used & improved untill the said P D shall restore him 
the beast he took from him, by our writ of replevin as 
aforesaid ; and also that of the money of the said P P, or 
of his goods or chattels to be found within your Precinct, 
at the value thereof in money, you cause to be paid & 
satisfied unto the said 8 P. three shillings for this Writ, 
together with your own fees, for executing the same : 
Hereof fail not, and make return of this Writ with your 
doings herein, unto our said Justice, within sixty days 
next coming : 

Witness our said Justice at B the day of in 
the year of Our Lord / S 

And be it further enacted, that when the writ of return 
& restoration or Writ in Withernham shall issue from an}'^ 
other Court of law, or for any other })roperty than beasts, 
the Court from whence the same shall issue, shall so vary 
the form, as to them shall appear expedient, to carry the 
same into full force and effect, as the nature and circum- 
stances of the case shall require. 

This Act to be in force, from and after the twentieth 
day of October, One thousand seven hundred and eighty 
nine. June 24, 1789. 



Writs varied in 
certain caees. 



ACTS AND LAWS, 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS; 
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-SEVENTH 
DAY OF MAY, ANNO DOMINI, 1789; AND FROM THENCE 
CONTINUED BY ADJOURNMENT TO WEDNESDAY THE 
THIRTEENTH OF JANUARY FOLLOWING. 



1789. — Chapter 37. 

[January Session, ch. 1.] 

AN ACT TO ENABLE DUDLEY ATKINS ESQUIRE TO TAKE THE 

SURNAME OF TYNG. 

Whereas Dudley Atkins of Newbury in the County of Preamble. 
Essex Esquire, has Petitioned this Court, setting forth 
that lie is descended from the Family of Tyng, tJiat Mrs. 
Sarah Winslow of Tyngsljorough, in the County of Mid- 
dlesex being a descendant from the same family and hav- 
ing no children has devised to him a considerable part of 
her estate and has requested him to take the Surname of 
Tyng, & therefore praying the interposition of this Court 
for that purpose: 

Be it therefore enacted by the Senate and House of f^abied ^ ^Ike 
Representatives in General Court asse?nbled and by the the surname of 
authority of the same, that the said Dudley Atkins be and ^°^' 
he hereby is enal)led to take upon himself the Surname 
of Tyng in addition to his present name, and that he be 
hereafter known and called by the name of Dudley Atkins 
Tyng . January 16,1 790. 

1789. — Chapter 38. 

[January Session, ch. 2.] 
AN ACT FOR THE PROTECTION AND SECURITY OF THE SHEEP 
AND OTHER STOCK ON TARPAULIN COVE ISLAND OTHER- 
WISE CALLED NAUSHON ISLAND AND ON NENNEMESSETT 
ISLAND, AND SEVERAL SMALL ISLANDS CONTIGUOUS, SIT- 
UATED IN THE COUNTY OF DUKES COUNTY. 

Whereas there have been of late great depredations rnade Preamble. 
by Gunners and Hunters on Tar})aulin Cove or Naushon 
island Nennemessett Island, and several small Islands con- 



438 



Acts, 1789. — Chapter 28. 



Persons unlaw- 
fully taking 
away, or de- 
stroying stock, 
subject to 
forfeiture, &c. 



Gunning pro- 
hibited, without 
licence. 



Forfeiture. 



Persons driving 
or molesting 
sheep, subject 
to Penalty. 



tiguous thereto situate in the County of Dukes County hy 
which great numbers of Sheep and Deer have been hilled and 
other damages sustained: And whereas the few persons re- 
siding on said Islands cannot give proper security to the 
stoch thereon; aiid to provide an additional remedy in this 
behalf. 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same that if any person or persons shall 
hereafter unlawfully take away, shoot, kill or destroy ; or 
shall cause to be taken away, shot, killed or destroyed, 
any Sheep or other stock or creatures, on either of the 
said Islands and shall be thereof convicted every such 
person or persons shall besides paying the value thereof, 
forfeit and pay a sum not exceeding forty shillings nor 
less than ten shillings for every Sheep or other creature 
he or they may so take away, shoot, kill or destroy, or 
cause to be taken away, shot, killed or destroyed, the 
same to be recovered with costs of suit, by action of del^t 
before any Court proper to try the same ; and the sums 
so recovered shall one half thereof accrue to the prose- 
cutor, and the other half for the use of the poor of the 
town in which said Islands are, or may be situated. 

And be it further enacted that if any Person or persons, 
except such as shall have the special licence of the pro- 
prietors of the said Islands, or shall be able to shew suffi- 
cient reason therefor, shall be seen with any gun or guns 
upon either of the said Islands other than that part of 
said Naushon Island at the extreme west end thereof ex- 
tending between the house there now occupied by Shad- 
rack Robinson and the shore of that Island known as 
Robinson's Hole, such person or persons shall forfeit such 
gun or guns or the value thereof, to any person or per- 
sons who will sue, and prosecute therefor, to be recovered 
with costs of suit by action of Trover before any Court 
proper to try the same : And if any person or persons 
shall be found collecting, driving, or in any way molesting 
any of the Sheep or creatures upon and belonging to the 
said Islands, or shall be found on either of the aforesaid 
lands with any skin, limb or carcass, and any Sheep or 
other creature hath been there lately killed, and such per- 
son or persons or his or their company may be reasonably 
suspected to have killed the same, such person or persons 
so found shall be deemed and adjudged guilty of such 
killing, and shall be liable for each and every Sheep or 



Acts, 1789. — Chapters 29, 30. 439 

other creature which hath been there lately killed as afore- 
said to such penalty as is already provided in this act 
against such killing to be recovered with costs by action 
of debt, and to accrue in like manner as aforesaid, besides 
being liable for the value thereof. 

And be it further enacted by the authority aforesaid 
that no person by reason of being an inhabitant of the 
Town to which such penalty shall accrue, shall be dis- 
qualified from being a witness in any suit or prosecution 
for any breach of this Act. 

Provided nevertheless^ and be it further enacted that any Proviso. 
person or persons having suffered any penalty or forfeiture 
incurred l)y this Act shall be exempted from any other 
penalty for the same offence. January 30, 1790. 

1789. — Chapter 29. 

[January Session, cii. 3.] 
AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACT TO PRE- 
VENT THE DESTRUCTION & TO REGULATE THE CATCHING 
OF THE FISH CALLED SALMON, SHAD AND ALEWIVES IN THE 
RIVERS & STREAMS IN THE COUNTIES OF CUMBERLAND AND 
LINCOLN & TO REPEAL ALL LAWS HERETOFORE MADE FOR 
THAT PURPOSE." 

Whereas it ^voidd be beneficial that said Act should ex- Preamble. 
tend to several rivers and streams not enumerated therein : 

Therefore be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that the said Act and every part Rivers included 
thereof shall extend to and include ikfac/nas i?wer, P?easa7i< ^°^ ormera 
River, JSTarraguagus River, Cooj)s-Cook River, Denny's 
River, Union River, Chandlers River, Tmik Stream, <fe 
Donnels Stream, together with all the other Rivers east- 
ward of Penobscot River in the Counties of Hancock & 
Washington and the several streams emptying into the 
same in as full & ample a manner as if said Rivers & 
Streams had been enumerated in said Act. 

February 2, 1790. 

1789. — Chapter 30. 

[January Session, ch. 4.] 
AN ACT FOR REPEALING AN ACT ENTITLED "AN ACT ESTAB- 
LISHING NAVAL-OFFICES IN THIS COMMONWEALTH & FOR 
THE REPEALING LAWS MADE FOR THAT PURPOSE " AND FOR 
REPEALING THE SEVERAL LAWS REGULATING THE FEES & 
FORMS IN THAT OFFICE. 

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



440 



Acts, 1789. — Chaptees 31, 32. 



Proviso. 



Laws repealed, (he Same, that the Act aforesaid establishing Naval Offices 
in this Commonwealth, & the several laws regulating the 
fees and forms in that Office be and hereby are repealed. 

Provided nevertheless, that the Acts hereby repealed 
shall continue and be in force so far as to empower the 
several Naval Officers appointed under said Acts to recover 
all fees, duties and penalties, already incurred and owing, 
and to prosecute therefor, and to enable the Treasurer of 
the Commonwealth to oblige said Officers to settle their 
accounts respecting their said Offices as fully as if this Act 
had not been made. February 6, 1790. 

1789. — Chapter 31. 

[January Session, ch. 5.] 

AN ACT ASCERTAINING THE BOUNDARY LINE BETWEEN THE 
TOWNS OF EGREMONT AND ALFORD IN THE COUNTY OF 
BERKSHIRE. 

Be it enacted, by the Senate <& House of Representatives 
in General Court assembled and by the authority of the 
same, that the following descril^ed line be in future estab- 
lished as the dividing line between the Towns of Egremont 
& Alford — viz — Beginning at a Soft Maple Staddle 
marked standing on the west line of this Commonwealth 
the same being the north west corner of Egremont and 
south west corner of Alford-, thence eastwardly in a 
straight line to the north east corner of the original 
Indian grant of two hundred acres made to Peter Sharp 
on the west line of the Town of Great Barrington, any 
other line or lines described in the incorporating Acts of 
said Towns to the contrary notwithstanding. 

February 6, 1790. 



Dividing line 
established. 



Preamble. 



1789. — Chapter 32. 

[January Session, ch. 6.] 

AN ACT FOR REPEALING AN ACT MADE AND PASSED IN THE 
YEAR OF OUR LORD ONE THOUSAND SEVEN HUNDRED & 
EIGHTY FOUR INTITLED "AN ACT IN ADDITION TO AN ACT, 
FOR INCORPORATING JONATHAN GARDNER JUNIOR & OTHERS 
THEREIN NAMED INTO A SOCIETY BY THE NAME OF THE 
MARINE SOCIETY AT SALEM IN THE COUNTY OF ESSEX, IN 
THE PROVINCE OF THE MASSACHUSETTS BAY m NEW ENG- 
LAND ;" AND ALSO FOR ALTERING THE SAID ACT OF INCOR- 
PORATION. 

WJiereas by the representation of the said Marine- 
Society, it appears that the effects resulting from said Act 



Acts, 1789. — Chapter 33. 441 

made & passed in the year of our Lord one thousand seven 
hundred <& eighty four, are not such as were expected, and 
that the benevolent vieics in instituting said Society will be 
greatly p)romoted should the said, Act be repealed <& some 
alterations be made in the said Act of incorporation: 

Be it therefore Enacted, by the Senate and House of 
Representatives in General Court assembled & by the 
authority of the same, that the said Act made and passed f^^^l°^^^ ^"^^ 
in the year of our Lord one thousand seven hundred & 
eighty four intitled "An Act in addition to an Act for 
incorporating Jonathan Gardner junior & others therein 
named into a Society, by the name of the Marine-Society 
at Salem in the County of Essex in the Province of the 
Massachusetts Bay in JSFew England,''^ be, and the same is 
hereby repealed. 

And be it further Enacted, by the authority aforesaid, 
that the said Marine Society may & shall have as full society invested 

, , . 1 /• 1 11 • c '^'^^'^ power. 

power and authority, at each of the monthly meetings oi 
said Society for the purpose of electing & admitting Mem- 
bers, as they have by said Act of incorporation, at their 
annual meeting on the last Thursday of October, Provided Proviso. 
that no person shall be elected & admitted as a Member 
thereof at any other meeting of said Marine-Society than 
the said annual meeting on the last Thursday of October, 
unless two thirds of the Members present at such meeting 
vote & be in favour of such admission. 

February 8, 1790. 

1789. — Chapter 33. 

[January Session, ch. 7.] 

AN ACT TO EMPOWER THE PROPRIETORS OF THE SOUTH MEET- 
ING HOUSE IN SALEM, WHERE THE REVEREND DANIEL 
HOPKINS OFFICIATES, TO RAISE MONEY TO DEFREY MINIS- 
TERIAL AND OTHER NECESSARY CHARGES. 

WJiereas application has been made to this Court by the Preamble. 
Proprietors of the South Meeting House in Salem, desiring 
that they may be empowered to raise money by an assess- 
ment or tax on the Pews i& seats in the said Meeting House, 
to defrey Ministerial & other necessary charges — 

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 proprietors of the said ]\Ieeting Proprietors 
House be and hereby are authorized & impowered to raise irvyTtYI. 



442 



Acts, 1789. — Chapter 33. 



— To value 
pews, &c. 



— To choose 
Collectors. 



— To dispose 
of pews, in case. 



Proviso. 



Richard "Ward, 
Esq ; to issue 
his Warrant. 



by an assessment or tax on the Pews and seats in said 
Meeting House, such sum or sums as shall be agreed upon 
by the Proprietors, or the major part of such of them as 
shall be assembled at any legal Meeting called for that 
purpose, for the defreying the ministerial and other inci- 
dental charges ; and at such Meetings to chuse all officers 
necessary to manage and transact all the business of the 
said propriety. 

And to the intent that such tax or assessment may be 
equitably made and duly collected. 

Be it farther Enacted that the Proprietors of the said 
Meeting House be & hereby are empowered to cause the 
Pews and Seats in the said Meeting House to be valued 
according to the convenience of said Pews & Seats & their 
situation, and to put a new estimate on the Pews & Seats 
from time to time as shall be found necessary, & to deter- 
mine how much each Pew and seat or part of a Pew or seat 
shall pay towards defreying the charges aforesaid, and the 
time and manner in which the same shall be paid, and ap- 
point a Collector or Collectors to collect the sum or sums 
so agreed to be raised, who shall be sworn to the faithful 
discharge of his or their said trust ; and if any Proprietor 
or owner of a pew or seat in the said Meeting House shall 
neglect or refuse to pay the sum or sums assessed thereon, 
after having twenty days notice thereof, given him by the 
Collector or Collectors, the Proprietors of the said Meet- 
ing House shall be and hereby are empowered by them- 
selves or by their Committee, to sell or dispose of the Pew 
or seat of such delinquent, according to the valuation 
thereof as aforesaid ; and Avith the money raised by such 
sale to pay the Assessment or tax on said Pew or seat re- 
maining unpaid, together with the charges arising on the 
sale ; the overplus, if any there be, to be returned to the 
owner thereof — 

Provided nevertheless, that when the owner of any Pew 
or Seat shall make a tender of the same to the proprietors 
or to their Committee at the valuation aforesaid, and they 
shall refuse or neglect to accept the same, no sum shall be 
deducted out of the sale of said Pews or seat, but such 
only as shall have become due before the making of such 
tender. 

And be it further enacted that Richard Ward Esqr. be 
and he hereby is empowered to issue his warrant to some 
principal proprietor of said Meeting House, requiring him 



Acts, 1789. — Chapters 34, 35. 443 

to warn the proprietors thereof to assemble and meet at 
such time and place as by said warrant shall be appointed 
to chuse all such necessary Officers as by law are required 
to be chosen in the month of March or April annually. 

February 15, 1790. 

1789. — Chapter 34. 

[January Session, ch. 8.] 

AN ACT REPEALING AN ACT PASSED IN JULY IN THE YEAR 
OF OUR LORD, ONE THOUSAND SEVEN HUNDRED AND FORTY 
ONE, ENTITLED "AN ACT TO PREVENT UNNECESSARY PETI- 
TIONS TO THE GREAT AND GENERAL COURT." 

Be it enacted by the Senate and House of Representatives 
in General Court assembled and by the authority of the 
sa7ne, that the said Act, entitled " An Act to prevent un- Law repealed. 
necessary Petitions to the Great and General Court " be, 
and hereby is repealed & made void. 

February 17, 1790. 



1789. — Chapter 35. 

[January Session, ch. 9.] 

AN ACT FOR INCORPORATING] THAT PART OF THE TOWN OF 
SIVAXZET KNOWN BY THE NAME OF SHEWAMET IN THE 
COUNTY OF BRISTOL INTO A SEPERATE TOWN BY THE 
NAME OF SOMERSET. 

Be it enacted by the Senate and House of Representatives 
in General Court assembled, & by the authority of the same, 
that the lands hereafter described and bounded as follows Boundaries. 
Viz — Northerly partly on Dighton & partly on the antient 
Swanzey line, eastwardly on Taunton great river so called, 
southerly on Lee's river so called, westerly, partly on 
Lee's river and partly on the antient line of Swanzey in- 
cluding all the lands formerly known by the Shewamet 
purchase however otherwise the same may be bounded, 
with all the inhabitants thereon be & hereby are incor- 
porated into a town by the name of Somerset; and the somerset 
said town is hereby invested with all the powers privileges '°<=°'"p°''**® 
and immunities to which towns within this Commonwealth 
are or may be intitled, agreeably to the Constitution and 
laws of this Commonwealth — 

And be it further enacted by the authority aforesaid, that To pay their 

•^ •-' t/ 1/ •' proportion oi 

the inhabitants of the said town of Somerset, shall pay all just debts. 



444 Acts, 1789. — Chapter 36. 

the arrears of taxes which have been assessed upon them, 
together with their proportion of all debts now due from 
the said town of Swanzey, and so in proportion shall re- 
ceive all dues and town-stock whatsoever from the said 
town of Swanzey ; and that all persons who were born on 
the said Shewamet purchase who may hereafter become 
chargeable for support, and have not gained a legal settle- 
ment in any other town shall be the proper poor and 
o'wn"/J'o°r!"^"'^ charge of the said town of Somerset, and that in the ap- 
portionment of all charges between said towns, together 
with the poor now at the charge of Swanzey, the same 
shall be divided according to their proportion in the pres- 
ent valuation — 
— Thelr^plo?^' ^'^c^ ^6 it further enacted by the authority aforesaid, that 
poTtion of the inhabitants of the town of Somerset, shall forever here- 
after support and keep in good repair their proportionable 
part of a bridge known by the name of Miles' s bridge in 
the same proportion that the town of Sioanzey & the town 
of Somerset now pay in the present valuation — 
Samuel Tobey, And be it enacted by the authority aforesaid, that Sam- 
to warn a meet- uel Tobey Esquirc be and he hereby is empowered to issue 
his warrant, directed to some principal inhabitant, requir- 
ing him to warn & give notice to the inhabitants of the 
said town of Somerset to assemble & 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 meet- 
ings in the months of March or April annually. 

February 20, 1 790. 

1789. — Chapter 36. 

[January Session, ch. 10.] 
AN ACT FOR REGULATING THE MANUFACTURE OF NAILS, 
MADE FOR SALE OR EXPORTATION WITHIN THIS COMMON- 
WEALTH AND REPEALING ALL LAWS HERETOFORE MADE 
FOR THAT PURPOSE. 

Beit enacted by the Senate and House of Representatives 
in General Court assembled, and by the authority of the 
sa7ne, that from and after the first day of September next, 
all Nails exposed for sale or exportation in any town or 
place within this Commonwealth shall be of the assize fol- 
lowing, that is to say : 

Every thousand of two penny Nails shall Aveigh one 
pound and fourteen ounces, and each Nail shall measure 
not less in length than three quarters of an inch. 



ing 



Assize of nails. 



Acts, 1789. — Chapter 36. 445 

Eveiy thousand of three penny Nails shall weigh two 
pounds and eight ounces, and each Nail shall measure not 
less in length than seven eights of an inch. 

Every thousand of four penny Nails shall weigh three 
pounds and twelve ounces, & each Nail shall measure not 
less in length than one inch and a quarter. 

Every thousand of six penny Nails shall weigh seven 
pounds, and each Nail shall measure not less in length 
than one inch and three quarters. 

Every thousand of eight penny Nails shall weigh ten 
pounds, and each Nail shall measure not less in length 
than two inches and one eighth. 

Every thousand of ten penny Nails to weigh thirteen 
pounds, and each Nail shall measure not less in length 
than two inches and one half. 

Every thousand of twenty penny Nails to weigh twenty 
pounds, and each nail shall measure not less in length than 
three inches and one quarter. 

Be it further enacted by the authority aforesaid that the selectmen to 
Selectmen of each town where Nails shall be made for sale inspectors. 
as aforesaid are hereby authorized and required some time 
in the month of March or April annually to appoint some 
suitable person or persons to be Inspector or Inspectors of 
Nails within such town, who shall be sworn by the Clerk 
of such town, or l)y some Justice of the Peace in the same 
County, to the faithfull performance of his or their duty. Their duty. 
and shall receive as fees from the owner of such Nails, eight 
pence for every cask of Nails so inspected ; and it shall be 
the duty of every Inspector of Nails, appointed in manner 
aforesaid, carefully to inspect every cask of Nails made 
for sale or exportation in such town or place ; and if he 
shall find that the same are made conformably to the assize 
and quality herein before directed, he shall brand the same 
with the letters A P and the name of the town or place 
where he inspects the said nails, and the Inspector's name 
shall be at large on one head of the Cask containing the 
same . 

Be it farther enacted by the authority aforesaid that in in case of 
case any Inspector of Nails, appointed and sworn as afore- ^foT/eiture?" 
said shall be guilty of any neglect or fraud in inspecting 
Nails contrary to the true intent and meaning of this Act, 
or shall mark with their respective brands or stamps any 
cask containing Nails made for sale, which they have not 
actually and thoroughly inspected, he or they shall forfeit 



446 



Acts, 1789. — Chapter 36. 



Penalty, in case. 



and pay the sum of four pounds for every cask of Nails so 
falsely marked, to be recovered by action of debt in any 
Court of record proper to try the same, by any person 
f^r'ili'e^n'If ^'^^ ^^^^^ ^^^® ^^^^ prosccutc thcrcfor ; and every cask of 
mark'd,' subject Nails that may be offered for sale or exportation on & 
after the said first day of September which shall not be 
branded and stamped in the manner herein before directed, 
shall be forfeited, one half of such forfeiture to accrue to 
the person who shall seize the same by virtue of a War- 
rant to be issued by some Justice of the Peace on proper 
information for that purpose and the other half to the poor 
of the towm where such nails may be found. 

Be it further enacted by the authority aforesaid, that if 
any person or persons shall knowingly put into any cask, 
after the same has been branded and inspected as afore- 
said, any Nails which have not been examined and ap- 
proved of by the Inspector of the town where said nails 
were manufactured, and shall expose the same for sale, 
contrary to the true intent and meaning of this Act, shall 
for every cask exposed for sale, forfeit & pay the sum of 
Twenty pounds, to be recovered and appropriated as 
aforesaid. 

And Be it further enacted by the authority aforesaid that 
every thousand of Nails shall be computed not less than 
five score to the hundred, and all Nails which may be 
manufactured for sale or exportation as aforesaid shall be 
made of Iron of a suitable quality tough, well wrought and 
rose headed. 

And be it further enacted that if any Manufacturer of 
Nails shall presume to sell any Nails of either of the de- 
nominations aforementioned, not being of the quality and 
assize required by this Act, shall for every thousand of 
Nails so told, forfeit and pay the sum of five shillings, and 
in the same proportion for a lesser quantity to be sued for 
and recovered to the use of the prosecutor in any Court 
proper to try the same. 

Be it further enacted that nothing in this Act shall be 
considered as controuling the manufacture and sale of 
Nails cut and made from cold iron any thing therein to 
the contrary notwithstanding ; And all laws heretofore 
made regulating the making nails are hereby repealed. 

February 22, 1790. 



Computation 
and quality. 



Penalty, in case. 



Laws repealed. 



Acts, 1789. — Chapters 37, 38. 447 



1789. — Chapter 37. 

[January Session, ch. 11.] 

AN ACT TO EXPLAIN A CERTAIN CLAUSE IN AN ACT, PASSED 
IN THE YEAR OF OUR LORD ONE THOUSAND SEVEN HUN- 
DRED AND EIGHTY THREE, INTITLED, "AN ACT TO IM- 
POWER THE PROPRIETORS OF THE MEETING HOUSE IN THE 
EAST PARISH IN SALEM TO RAISE MONEY BY A TAX ON 
THE PEWS & SEATS IN THE SAID MEETING HOUSE TO SUP- 
PORT A COLLEAGUE TO THEIR PRESENT MINISTER, & 
MAKING PROVISION FOR THE DISSOLUTION OF THE SAID 
PARISH." 

Whereas in the said Act it is among other things pro- Preamble. 
vided, that the said Parish should cease to he a Parish 
upon the death of the Reverend James Diman, then the 
Minister of the said Parish, in consequence of which pro- 
vision doubts have arisen whether the inhabitants of the said 
Parish can sue or be sued since the death of the said James 
Diman yb7' any cause or matter that originated in his life 
time; to remove ivhich doubts, and to prevent injustice. 

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 Parish shall be construed to have Pa^sh power 

T-» • 1 /» 1 respecting 

continued, & shall continue to be a Parish lor the purpose contracts &c. 
of suing and of being sued upon any contract made with 
or by the inhabitants of the said Parish in their corporate 
capacity in the life time of the said James Diman, and of 
prosecuting and defending such suit or suits unto final 
judgment and execution ; and also for the purposes of 
voting assessing and collecting any sums of money which 
shall be necessary for paying the arrearages and expences 
which have arisen or shall arise respecting any such con- 
tract or any suit thereupon, as fully, and in the same 
manner as if the said James was now living, any thing 
which may be supposed to be in the said Act, to the con- 
trary hereof notwithstanding. February 22, 1790. 

1789. — Chapter 38. 

[January Session, ch. 12.] 

AN ACT TO SET OFF JOHy TULLER FROM THE TOWN OF 
SHEFFIELD IN THE COUNTY OF BERKSHIRE AND ANNEX 
HIM TO THE TOWN OF EGREMONT. 

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



448 



Acts, 1789. — Chapter 39. 



off^oThe"u)Vn* ^^''^ .sa^^ie, that JoJtn Tidier with his farm, consisting of 
of Egremont. two hundred and ninety six acres bounding as followeth ; 
beginning on Sheffield west line, at a stake & heap of 
stones, the same being tlie north west corner of Orre 
Gordinieiir's land, thence runing east five degrees & 
thirty minutes, south fifty nine chains, and twenty nine 
links, to the south west corner of Isaac Vasbrough's 
meadow, thence north thirteen chains fifty links, thence 
east five degrees, thirty minutes, south twenty chains, 
seventy one links to a stake and stones, thence north 
twenty seven chains to an ash tree, marked, standing on 
the south line of Great Barring ton, thence on said line 
west five degrees & thirty minutes north eighty chains 
the north west corner of ^Sheffield, and south west corner 
of Great Bar'rington, thence on the west line of Sheffield, 
south thirty minutes east sixty chains and fifty links to 
the first mentioned bounds, with the houses and other 
buildings thereon be, and they are hereby set ofl'from the 
town of Sheffield, and annexed to the town of Egremont, 
and shall forever hereafter be considered as making part 
of the same. 
Proviso. Provided nevertheless that the said John Tidier shall be 

still holden to pay his proportionable part of all taxes 
already assessed upon him by the town of Sheffield in 
like manner, as though this Act had never been made ; 
and shall also pay his proportionable part of all State taxes 
that shall be laid on the town of Sheffield previous to an- 
other general valuation being established. 

February 22, 1790. 



Preamble. 



1789. — Chapter 39. 

[January Session, ch. 13.] 
AN ACT TO PREVENT THE DESTRUCTION OF THE FISH CALLED 
ALE WIVES IN TAUNTON GREAT RIVER (SO CALLED) IN THE 
COUNTY OF BRISTOL AND TO REGULATE THE CATCHING 
OF SAID FISH THEREIN FOR THE FUTURE. 

]VJiereas the laws heretofore made for regidating the 
Aleivivefislier}/ in Taunton Great River {so called) in the 
County of Bristol are found to oj)erate unequally upon, 
and to the disadvantage of the several towns situated on 
said River, and have not answered the salutary purjiose 
of preserving and increasing the said fish as intended. 

Be it therefore enacted by the Senate, and House of 
Rep>resentatives in General Court assembled, and by the 



Acts, 1789. — Chapter 39. 449 

author itii of the same, that from and after the fifteenth day Days allowed 
of March next it shall and may be lawful! for the inhabi- fish. ' ^ 
tants of the several towns situated on said river in the 
County of Bristol to catch Alewives or other fish with 
seines or drag-nets four days in a week (viz) on Monday, 
Tuesday, Wednesday, and Thursday to begin at the Sun's 
rising & end at the sun's setting of each day ; provided Proviso, 
each of said towns draw or sweep with two seines only, 
except the town of Taunton, which town is hereby allowed 
and permitted to draw or sweep with three seines in said 
River on the days aforesaid ; and neither of the towns 
aforesaid are permitted at any time to set their seines 
across the said river or any part thereof. 

Provided nevertheless that each of said towns shall at a proviso, 
legal town-meeting ascertain & establish annually by vote, 
the places where the said Seines or drag-nets may be 
drawn in their respective towns, & at the same time it 
shall be lawfull for said towns to dispose of, and grant 
for that year, and so on from year to year, the sole 
priviledge of catching Alewives with seines or drag-nets Privilege, 
on the days of the week abovementioned at the places 
ascertained and established as aforesaid, to such person 
or persons as shall offer or give most for the same, and 
give sufficient security for the payment of the sum so 
offered, and agreed on, at such time, and in such manner 
as the inhabitants of the respective towns shall assign and 
order. 

Be it further enacted that if any person or persons shall 
presume to draw any seine or drag-net on any of the days 
of the week, besides those beforementioned, or at any 
place other than that ascertained and established by the 
town as aforesaid or shall on any day, or at any place 
set a seine or drag-net in, or across said river, or any 
part thereof, shall forfeit and pay a sum, not exceeding 
twenty pounds nor less than five, at the discretion of the Penalty. 
Court, before whom tryal may be had, and costs of suit 
for each offence, one half thereof to the use of the poor 
of the town where the offence shall be committed, & the 
other half to him or them who shall sue for the same ; to 
be recovered by action of debt in any Court proper to 
try the same. 

And Be it further enacted hy the authority aforesaid, 
that if any person or persons shall be found sweeping with 
any seine or drag-net, on any other day or place, than 



450 



Acts, 1789. — Chapter 40. 



Forfeiture. 



Former laws 
repealed. 



what is provided by this Act, such seine or drag-net shall 
be forfeited, the one half thereof for the use of the poor 
of the town where the offence shall be committed, and 
the other half to him or them who shall inform & sue for 
the same, & the said seine or drag-net shall be held untill 
a final trial in law shall be had thereon. 

And Be it further enacte cZthat no seine or drag-net 
which shall be used for the purpose of taking the said fish 
in said river shall exceed more than twenty rods in length. 

And be it further enacted by the authority aforesaid, 
that the several towns on Taunton Great river, shall in 
their annual meetings in the month of March or April, 
in each year, chuse three or more persons being free- 
holders in their respective towns, to see that this Act be 
duly observed. So each person so chosen shall be sworn 
faithfully to discharge the duties herein required, & if any 
person so chosen shall refuse to serve, he shall forfeit and 
pay, to and for the use of the poor of the town to which he 
belongs the sum of twenty shillings to be sued for and re- 
covered by the town Clerk & the said town shall imedi- 
ately proceed to a new choice. And all laws heretofore 
made respecting the Alewive fishery in said river in the 
County of Bristol be, and hereby are repealed. 

February 22, 1790. 



Preamble. 



1789. — Chapter 40. 

[January Session, ch. 14.] 

AN ACT IN ADDITION TO, AND FOR THE EXPLANATION OF AN 
ACT PASSED IN THE YEAR OF OUR LORD ONE THOUSAND 
SEVEN HUNDRED & SEVENTY NINE, ENTITLED, "AN ACT 
FOR SETTING OFF A NUMBER OF THE INHABITANTS OF THE 
TOWN OF METHUEN IN THE COUNTY OF ESSEX INTO A 
SEPERATE PARISH." 

WJiereas the said Act has been <& may be construed to 
intend that all Estates which the inhabitants of the said 
town q/"Methuen lawfully establishing themselves as Parish- 
ioners in the said Parish by the said Act erected, shall have 
purchased since the erection of the same, shall forever be 
set off & remain to that parish, altho" afterwards belonging 
to persons attending public worship in the other <& elder 
parish of said town, which construction operates unjustly ; 
— for remedy whereof 

Be it Enacted by the Senate (& House of Representatives 
in General Court assembled <& by the authority of the same. 



Acts, 1789. — Chapter 41. 451 

that the said Act & the clauses thereof, shall hereafter ex- ^°^^g'^j°g'2 ^^^ 
tend &, be construed to extend to the estates of such per- extend. 
sons as have established themselves as Parishioners in the 
said second Parish by the said Act erected, in their pos- 
session & improvement, & shall not be construed to extend 
to the estates of any persons belonging to the other & 
elder Parish of the said town any clause in the said Act 
notwithstanding. February 22, 1790. 

1789. — Chapter 41. 

[January Session, ch. 15.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF ERECTING & MAINTAINING SEVERAL BOOMS 
IN MERRIMACK RIVER, AND FOR STOPPING AND SECURING 
THE LOGS & LUMBER THAT SHALL BE DRIFTED DOWN THE 
SAID RIVER. 

WTiereas it appeal's that the formation of a corporation Preamble. 
with poiver to stop <& secui^e the lumber drifted down the 
river Merrimack under proper regulations and restrictions 
would promote the puhlick interest & be greatly advanta- 
geous to individuals — 

Be it therefore enacted by the Senate and House of 
Mepresentatives in General Court assembled and by the 
authority of the same, that Parker Varnum & James proprietors. 
Varnum of Dracut Esquires Samuel Follansbe of Haver- 
hill, Reuben Davis, John Ford & Daniel Goburn of 
Chelmsford Thomas Poor of Methuen Esquire, George 
Searle and Joseph Tyler, Merchants of Newbury Port, 
Robert McGregore of Goofstown Esqr. and James Thorn- 
toon of Merrimack in Neiv Hampshire together with such 
others as may hereafter become proprietors in the booms 
which are or may be erected for the purposes aforesaid, 
be & they are hereby constituted a corporation for the incorporated. 
purpose of stopping & securing the lumber drifting down 
Merrimack river, otherwise than in rafts, by the name of 
the associated proprietors of lumber in Merrimack river; 
and by that name to sue and prosecute and to be sued 
and prosecuted to final judgment & execution, and to do 
and suifer all matters & things which such bodies politic 
may or ought to do and suffer ; and the said corporation Their powerB. 
have full power & authority to make have and use a 
common seal & the same to break alter and renew at 
pleasure. 



452 



Acts, 1789. — Chapter 41. 



Manner of call- 
ing meetings. 



Clerk to be 
chosen. 

Meetings how 
to be called in 
future. 



Impowered to 
erect booms. 



Proviso. 



Boom-masters 
to be appointed. 



Proviso. 



A fair record to 
be kept by the 
Clerk. 



Corporations 
impowered 
to stop logs 



And be it further enacted by the authority aforesaid that 
the said corporation or any five of them, may hy adver- 
tisement posted up at some public place, in every town 
in which any of the said proprietors live at the time such 
advertisement is posted up, call a meeting of the said 
proprietors to be holden at some suitable time & place, 
not less than fifteen days after the posting up such adver- 
tisement ; and the said proprietors by a vote of the major 
part of them present or represented at such meeting shall 
chuse a clerk, who shall be duly sworn to the faithful dis- 
charge of the duties of his office, and they shall agree 
upon a method for calling future meetings of the said pro- 
prietors ; and upon any application hereafter of other per- 
sons dealing in logs and lumber in the said river to be 
associated with the said proprietors, the votes of not less 
than two thirds of the proprietors present shall operate 
to exclude such person or persons from a participation in 
said propriety, they subscribing to the rules & regulations 
thereof — And the said proprietors be and they are hereby 
impowered to erect support and maintain, such number 
of booms, in such places in the said river as they shall 
judge necessary to answer the purposes aforesaid — Pro- 
vided, that no such boom shall be erected in the said river 
so as to stop, clog or hinder any public landing, ferry- 
way, or the lawful right of improvement of any individual 
or so as to prevent or obstruct the free & usual course of 
rafts down the said river ; and the proprietors shall at 
some legal meeting appoint boom- masters to inspect and 
take care of the lumber stopped in the said booms, and 
may also choose and appoint any other officer or officers in 
said corporation, and may make and establish such rules & 
regulations as they shall judge necessary for regulating 
the said corporation, and for effecting, compleating and 
executing the purposes of this Act ; and may enjoin fines 
or penalties for the breach of such rules & regulations not 
exceeding /bwr pounds for each offence, to be recovered 
in any Court proper to try the same — Provided such rules 
& regulations are not repugnant to the Constitution or 
laws of this Commonwealth — And this Act, with all the 
rules, regulations & votes of the corporation shall be 
fairly and truly recorded by the clerk in a book or books 
to be provided & kept for that purpose. 

And be it further enacted by the authority aforesaid, that 
the said corporation may stop & secure or cause to be 



Acts, 1789. — Chapter 41. 453 

stopped and secured all tlie logs & other lumber, which adriTuntii 
shall be drifted down the said river, otherwise than in °®'^'*'Jj/^®® 
rafts, in any of the booms which have been or shall be 
erected for that purpose, or at such other places in the 
said river, as they may think proper, and retain the same 
in the custody of the corporation whether or not the 
property of the said associated proprietors until the 
owner or owners of such logs or lumber, shall pay to 
the respective boom-masters or such other persons as the 
said corporation shall appoint for that purpose, the lawful 
fees for stopping & securing the same, and no log or other 
lumber shall be delivered by the boom-masters, or other 
persons appointed by the said corporation to secure the 
same, until it shall have been surveyed by a sworn sur- 
veyor of lumber ; and if any loijs or other lumber shall corporation to 

11 ' -, • >i'r«T IT make restitu- 

by the said corporation, or any or their oflicers be de- tion. 
tained from the owners after they shall have tendered the 
boom-masters or other persons appointed to secure the 
same the lawful fees therefor, the corporation shall pay to 
the owner or owners of such logs or other lumber double 
the value thereof, to be recovered in any Court proper to 
try the same — 

Provided nevertheless that all persons who may choose Proviso. 
to have their logs or luml)er drifted by the falls of Patucket 
on said river, by applying seasonably to the Clerk of said 
corporation & entering with him their names and the 
marks of such logs or lumber belonging to them, which 
they do not wish to have stopped above the said falls, the 
boom-masters & all others concerned under the said cor- 
poration in driving the luml^er in said river shall as far 
as in their power let such logs & lumber pass down, the 
marks of which have been thus entered with the clerk : 
But if their logs or lumber should notwithstanding be 
caught and stopped in the booms aforesaid, such persons 
having thus entered their names & marks as aforesaid, 
shall be entitled upon application to the boom-masters to 
receive the logs and other lumber thus stopped without 
fee or reward ; and the said boom-masters shall be obliged 
to render them such assistance as is in their power to turn 
their logs and lumber out of the boom where they shall 
have been thus stopped — 

And he it further enacted^ by the authority aforesaid, |^g"nnuaUyfn. 
that if any logs or other lumber shall remain in said booms tbe booms — 
or otherwise in the custody of the said corporation, which posed of. 



454: Acts, 1789. — Chapter 41. 

shall by them have been secured as aforesaid, which is not 
the property of the said associated proprietors, on the first 
tuesday of November annually the said corporation shall 
cause the same to be advertised at some pul^lic place, in 
the towns of Newbury Port, Haverhill, Andover, Chelms- 
ford, Litchfield, & Goffstown for the space of fifteen days 
at least, describing in such advertisements the number of 
logs and the admeasurement of each, with a description 
of the quality & quantity of other lumber so detained, 
with the marks thereon, and the places where the same 
are deposited, a copy of all such advertisements shall be 
entered in the clerk's books ; and if after the expiration 
of the said fifteen days from the time of the posting up 
such advertisement, no person owning the same shall ap- 
pear and pay the fees hereafter mentioned and cost of 
advertisement, all such logs & other lumber shall be dis- 
posed of at public vendue, & the proceeds of such sale, 
shall be retained & held by the said corporation for the 
term of one year thereafter wards, and any person who 
shall apply to the clerk and prove his property in such 
logs or lumber within that time shall be entitled to the 
overplus proceeds of his property after deducting the law- 
ful fees for stopping & securing the same and incidental 
charges ; and if no owner shall appear within that time, 
the overplus of all such sales shall rest in the hands of 
said corporation until it shall amount to thirty pounds or 

Proviso. upwards — provided the clerk of said corporation shall 

annually return a certificate into the Secretary's ofiice of 
this Commonwealth specifying the sum thus accumulating 
from year to year, and in case of the neglect of said clerks 
making an annual return as aforesaid he shall forfeit and 

Bum deposited pay for cvcry ofience the sum of Ten Pounds ; and when 

in the Treasury. ^ ^^ often as the sum of thirty pouuds shall be thus accu- 
mulated by the said corporation they shall & hereby are 
obliged to pay it into the Treasury of this Commonwealth 
there to be deposited in aid of any funds that may here- 
after be raised to remove the obstructions to a free passage 
of logs & other lumber down the river Merrimack afore- 

Howappropri- said, — and upou application therefor to the Legislature 
such sum or sums thus deposited in the Treasury aforesaid 
shall hereafter be appropriated for the purpose above- 
mentioned. 

Corporation And be it further enacted by the authority aforesaid, that 

the said corporation shall be entitled to receive of the 



Acts, 1789. — Chapter 42. 455 

respective owners of logs & other lumber by them stopped 
& secured as aforesaid the following fees, otherwise than 
as is before excepted — Viz. For each log above HunCs 
falls four pence, and all other lumber in the same propor- 
tion — For each log below Hunt's falls, and above Osgood's 
point (so called) in Andover six pence and all other lumber 
in the same proportion — For each log below Osgood's 
point and above Cottle's ferry seven pence and all other 
lumber in the same proportion — For each log below Cot- 
tle's ferry eight pence and all other lumber in the same 
proportion — 

And he it further enacted hi/ the authority aforesaid, that corporation 

•^ . ^ ^ • 1 ^ impowered 

the said corporation are hereby impowered to levy a tax to assess. 
on the several members thereof annually for the purpose 
of defreying the expence they may incur in erecting 
booms, stopping and securing the said lumber & driving 
the same down the said river over and above the fees for 
stopping and securing the same — said tax to be assessed 
in the month of Fehruary or March annually, and in the 
same proportion that the several proprietors shall have 
had lumber secured by the said corporation the year pre- 
ceeding; and if any of the proprietors shall refuse or 
neglect to pay their proportion of the taxes assessed as 
aforesaid for the term of twenty days after the same is 
presented to them for payment, the said corporation may 
sell at public vendue so much of such deficient proprietors 
lumber as will pay the deficiency of his said tax & inci- 
dental charges. Fehruary 22, 1790. 

1789. — Chapter 4.2. 

[January Session, ch. 16.] 

AN ACT TO PROVIDE FOR THE SAFE KEEPING ALL PRISONERS 
COMMITTED UNDER THE AUTHORITY OF THE UNITED STATES, 
IN THE SEVERAL GOALS WITHIN THIS COMMONWEALTH. 

JBe it enacted hy the Senate and House of lie^yresenta- 
tives in General Court assemhled and hy the authority of 
the same, that the Keepers of the several Goals within Manner of 
this Commonwealth, shall under the like penalties as by e^scommute^d"' 
law are provided for the custody and safe keeping the "ho^rlty^nhe 
prisoners thereof, take custody of and safely keep all united states. 
prisoners committed under the authority of the United 
States untill they shall be discharged by due course of 
the laws thereof. 



456 



Acts, 1789. — Chapter 43. 



County treas- 
urers directed 
to receive 
moniee. 



And be it further enacted, that the several Treasurers 
of the respective Counties within this Commonwealth and 
their Successors he, and they are hereby authorized and 
directed to receive for the use of their respective Counties, 
to defrey the County charges arising therein, all such 
monies as the United States have agreed to pay for the 
use and keeping of such Goals ; and to account for the 
same according to law. February 26, 1790. 



Preamble. 



Town to deter- 
mine times and 
places for catch 
ing fish. 



Forfeiture. 



Committee to 
be annually 
chosen. 



1789. — Chapter 43. 

[January Session, ch. 17.] 
AN ACT EMPOWERING THE TOWN OF PEMBROKE TO REGULATE 
AND ORDER THE TAKING 8c DISPOSING OF THE FISH CALLED 
ALEWIVES, WITHIN THE LIMITS OF THE SAID TOWN. 

Whereas, the town of Pembroke, in the Count?/ of 
Plimouth, hath been at considerable expence arid charge, 
in opening a passage for the fish called Aleivives from the 
sea into the ponds called the indian ponds, being wholly 
within the bounds of the said town, — it is but reasonable 
and just, that the ordering of the taking of the said fish, 
and the disposition of them when talcen, should be wholly 
vested in the said town — And whereas an Act heretofore 
made for that purpose has been found inadequate to the 
purposes thereby intended — 

Therefore be it enacted by the Senate & House of Repre- 
sentatives, in General Court assembled & by the author- 
ity of the same, that it shall and may be lawful for the 
inhabitants of the said town of Pembroke at a meeting 
legally and regularly assembled for that purpose, from 
time to time, and at all times hereafter, to determine & 
order how, in what manner, by whom, & at what place 
or places, time or times in the year, the said fish may be 
taken within the town aforesaid, and shall cause a copy 
of such order attested by the town clerk, to be posted up 
in some public place in said town, whereunto all persons 
shall conform, with respect to the taking & disposing of 
the said fish, on penalty that the offender against the 
same, shall forfeit and pay a sum not exceeding three 
pounds, nor less than forty shillings for each offence, at 
the discretion of the Justice before whom the same shall 
be tried. 

And be it further enacted, by the authority aforesaid, 
that the inhabitants of the town of Pembroke shall be, 
& hereby are empowered & directed annually to choose 



Acts, 1789. — Ciiaptek 43. 457 

three or more persons, being freeholders in the said town, 
to see that this Act be duly observed agreeably to the 
directions of said town ; and each person so chosen shall 
be sworn faithfully to discharge the duties required of 
him by this Act, and the said Committee are hereby au- 
thorized and empowered, to cause the natural course of Their powers. 
the stream, through which the said fish pass, to be kept 
open and without obstruction, and to remove any such as 
may be found therein ; and the said Committee or either 
of them shall have authority for those purposes to go on 
the land or meadow of any persons through which such 
stream runs, without being considered as trespassers, and Tubfe^cTto^^"^'^ 
any person who shall molest, or hinder said Committee, forfeiture. 
or either of them in the execution of his or their ofiice, 
or shall obstruct any passage way in said rivers or stream 
within the said town of Pembrohe, otherwise than may be 
allowed of by the said town, he or they shall forfeit and 
pay a tine for every such offence, not exceeding the sum 
oi five pounds, nor less than three pounds. 

And be itfurtJier enacted, that if the Committee or either Certain caBes. 
of them shall detect any person or persons in attempting 
to take any of the said fish at any time, or in any place, 
or in a manner, otherwise than is allowed by the said 
town, or shall find such fish with such person or persons, 
they shall be deemed to have taken the said fish unlaw- 
fully ; and shall be subject to the penalties of this Act 
accordingly, unless such person or persons can make it 
appear on trial, that they came by the said fish in some 
other way. 

And be it further enacted, that the said Committee be Committee 
empowered, and are hereby empowered & authorized, to t™opeTeTu1ce 
open the sluice ways through any dam or dams that are or ""^y^' 
may be erected within the town of Pembroke, on the 
stream leading out of the great ponds, at the expence of 
the owner. 

And be it further enacted that no person shall be con- witness. 
sidered as disqualified from being a witness on any trial 
that may be had pursuant to this Act, on account of his 
beloning to or being an inhabitant of the said town of 
Pembroke — 

And be it further enacted that if any servant or minor Parents or 
shall be found taking any of said fish in any-wise contrary answerable 
to this Act, or contrary to the rules and orders of said o^infnors.* 
town of Pembroke as aforesaid, the Parents, Masters or 



458 Acts, 1789. — Chapter 43. 

Guardians of such minors or servants shall be liable for 
the fines and forfeitures incurred by the breach of this act, 
or the rules and orders of the town aforesaid. 
Clause reepect- And be it further enacted that in case any poor or indi- 
of this act, by gent pcrsou or persons shall be found taking any of the 
in igent persons ^^^^ ^^^^ contrary to this act, or contrary to the rules and 
orders of said town of Pembroke, it shall be lawfull for the 
Committee or Overseers of said Brook chosen as afore- 
said, to take from such poor or indigent person or persons 
their net or nets with which they may be found taking said 
fish, and detain them in their custody for the space of one 
month, or untill they do appear, and pay the fines and for- 
feiture arising by the breach of this act and the orders of 
the town aforesaid : And in case the said poor person or 
persons do not appear and pay the fines and forfeitures as 
aforesaid within one month as aforesaid, the said net or 
nets shall be forfeited to and for the use of the poor of the 
said town of Pembroke. 
Penalty. And be it further Enacted, that no person or persons at 

any time between the first day of April & the fifteenth day 
of June annually shall enter the river, commonly called 
and known by the name of Bai^ker's River, above where 
said river adjoins to Indian head river, so called, with an 
intent to drive, seine, or otherwise disturb the fish in said 
river, where the tide ebbs and flows, on penalty oi five 
pounds for each oflence to be recovered in manner here- 
after mentioned. 
Days appointed ^^^^ jg {i further Enacted, that no person or iDcrsons 

for setting nets, -^ ' '■.-.'- 

&c. shall presume to set, draw or cast any seme, drag or set 

net, of any dimensions wdiatsoever in the north river, so 
called, except on the Monday and Friday of each week, 
and that between the Sun's rising and setting of each day, 
and that no seine, drag, or set net, shall be set, drawn or 
cast in said river above what is commonly called and 
known by the name of the third Herring brook, or Smelt 
brook: 

Proviso. Provided nevertheless that the inhabitants of the several 

towns adjoining the said river are hereby permitted and 
allowed to set, set nets, or scoop nets at north river 
bridge, so called, on the Monday and Friday evenings of 
the said days in each week, from eight of the Clock in the 
afternoon, to ten of the Clock in the evening of the same 
day, between the first day of April, and the fifteenth day 
of May annually, on the penalty oifive pounds for each 
oflence. 



Acts, 1789. — Chapter 44. 459 

And he it further Enacted, that all fines and forfeitures J^^l'^"^^"^^ 
accruing for any breach of this Act, shall be, one half to 
the use of the poor of the said town of Pembroke, and the 
other half to him or them who shall prosecute and sue for 
the same, to be recovered by action of debt in an}' Court 
proper to try the same. 

And all former Laws heretofore made for the regulation Former laws 
of the AlewdVe fishery in the town of Pembroke are hereby "^^^^^ 
repealed. February 26, 1790. 



1789. — Chapter 44. 

[January Session, ch. 18.] 

AN ACT FOR ESTABLISHING SALARIES OF FIXED AND PER- 
MANENT VALUE FOR THE JUSTICES OF THE SUPREME JU- 
DICIAL COURT. 

Whereas the Constitution of this Commonwealth 2)ro- Preamble. 
videSf that an establishment should be made for an honor- 
able stated salary of a fixed and permanent value, for the 
Justices of the Supreme Judicial Court; and ivhereas the 
salary heretofore established for the said Justices is found 
inadequate for their honorable support: 

Therefore — Be it enacted by the Senate and House of 
Pepresentatives in General Court assembled and by the 
authority of the same, that the sum of three hundred & Annual salaries 
seventy pounds be established as the annual salary of the 
Chief Justice of the Supreme Judicial Court for the time 
being ; & that the sum of three hundred & fifty pounds be 
established as the annual salary of each of the other Jus- 
tices of the Supreme Judicial Court; the same to be paid 
in quarterly payments to the said Justices respectively 
out of the Treasury of this Commonwealth, the first quar- 
ter to be considered as having commenced on the first day 
of January in the year of our Lord one thousand seven 
hundred & ninety, and the said sums to be considered as 
adequate salaries for the services of their office, without 
the addition of any fee or perquisite whatever. 

And be it further enacted, that an Act passed in the year Former acts 
of Our Lord One thousand seven hundred and eighty one, ^^^^^ 
intitled " An Act for establishino; salaries of a fixed and 
permanent value for the Justices of the Supreme Judicial 
Court" be and the same hereby is repealed. 

February 27, 1790. 



460 



Acts, 1789. — Chapters 45, 46. 



Annual salary 
of the Attorney 
General. 



Fees of the At- 
torney General. 



— To be by 
him accounted 
for. 



1789. — Chapter 45. 

[January Session, ch. 19.] 

AN ACT MAKING COMPENSATION TO THE ATTORNEY GENERAL 
OF THIS COMMONWEALTH FOR HIS SERVICES. 

Be it enacted hy the Senate and House of Representatives 
m General Court assembled a7id hy the authority of the 
same, that from and after the passing this Act there shall 
be allowed and paid out of the Treasury of this Common- 
wealth, annually, the sum oi three hundred pounds lawfull 
money to the Attorney General, in full compensation for 
his services, to be paid in quarterly payments, as the same 
shall become due. 

And he it further Enacted hy the authority aforesaid, 
that in all bills of cost in criminal prosecutions, before 
the Supreme Judicial Court in this Commonwealth the 
sum oi fifteen shillings shall be taxed for the fees of the 
Attorney General, without any allowance of travel ; and 
all fees thus received l)y the said Attorney General shall 
be accounted for by him, annually, with the Treasurer of 
this Commonwealth. February 27, 1790. 



Preamble. 



Judge of Pro- 
bate authorized 
to dismiss 
Guardians in 
certain cases. 



1789. — Chapter 46. 

[January Session, ch. 20.] 

AN ACT AUTHORIZING JUDGES OF PROBATE TO DISMISS GUAR- 
DIANS FROM THEIR GUARDIANSHIP IN CERTAIN CASES. 

Whereas the several Judges of the Probate of Wills in 
this Commonwealth are by law authorized to appoint Guar- 
dians to Minors in certain cases, persons who spend their 
estates by excessive drinking, idleness or debauchery, Idiots, 
non compus mentis or lunatic persons, and doubts have 
arisen whether the said Judges of probate have any author- 
ity to displace such Guardians in any cases whatever, which 
may operate to the disadvantage not only of the Bondsmen 
hut of the Ward also. 

Be it enacted hy the Senate and House of Bepresenta- 
tives in General Court assembled and hy the authority of 
the same, that from and after the passing this act, each 
and every Judge of Probate within this Commonwealth 
be, and hereby is fully authorized to dismiss any such 
Guardian, appointed by himself or his predecessor in that 
Office, whenever it may appear to the said Judge, that 



Acts, 1789. — Chapter 47. 461 

necessity or expediency may require the same, and to 
appoint some other person Guardian, in his place. Pro- Proviso. 
vided that no such Guardian shall be dismissed as afore- 
said from his Guardianship, before he shall have had notice 
in writing given him by such Judge, fourteen days before 
the time of hearing, to appear and shew cause why he 
should not be so dismissed. March i, 1790. 

1789. — Chapter 47. 

[January Session, ch. 21.] 

AN ACT FOR RAISING THE SUM OF TEN THOUSAND POUNDS 
BY LOTTERY FOR THE USE OF THIS COMMONWEALTH. 

£e it enacted by the Senate & House of Representatives 
in General Court Assembled & by the authority of the 
same, That the sum of Ten thousand Pounds be raised by sum to be raised 
Lottery for the use of this Commonwealth & that Five ^^ ^°"^'y- 
Persons be appointed by the General Court, Managers of Managers 
said Lottery, whose business it shall be from time to time *pp°° 
to make & publish such Scheme or Schemes as shall in 
their opinion best promote the purposes of said Lottery ; 
any three of whom shall be a quorum for the purpose of 
drawing & transacting the other business of said Lottery. 

And be it farther enacted by the authority aforesaid, that —To give 
the said Managers shall, before they enter on the duties 
of their office, give seperate Bond to the Treasurer of this 
Commonwealth, in the sum oi Four thousand pounds, with 
sufficient sureties, each to be answerable for his own de- 
fault, & take an oath for the faithful performance of his 
trust. 

And be it further Enacted, that the prizes in said Lot — To pay 
tery shall be paid by the Managers in thirty days after p"^®^" 
the drawing each Class of said Lottery is compleated, if 
demanded ; those Prizes which are not demanded within 
six months after the publication of the drawing said Lot- 
tery, shall be paid into the Treasury, for the benefit of the 
persons intitled to such prizes: And the Managers are —To pay the 
hereby directed from time to time as the Classes in said th^treasu'ry? 
Lottery shall be drawn, to pay the proceeds to the Treas- 
urer of the Commonwealth, after deducting their Commis- 
sions & cost of Printing — 

And be it further enacted, that the Managers shall pub- -To publish 

Til 1 f ^ • -r • c j^i -r» 1 T 1 the schemus and 

lish the schemes oi this Lottery in one oi the Publick list of prizes. 
Newspapers in the several towns in the Commonwealth, 



462 



Acts, 1789. — Chapter 48. 



where such papers are printed, three weeks successively : 
The time & place of drawing & the list of Prizes shall be 
published in the Independent Chronicle. 
fM^ng™r°**°' -^^^^ ^^ *'^ further enacted, that if any person shall forge, 
counterfeiting, counterfeit, or alter any of the Tickets in said Lottery, or 
shall utter or pass any such forged, counterfeited or altered 
Ticket, knowing the same to be such, or shall in any way 
or manner, aid or assist in forging, altering or passing 
such ticket, every person so ofl'ending & being thereof 
convicted before the Supreme Judicial Court of this Com- 
monwealth, shall be punished by fine not exceeding one 
hundred pounds nor less than Twenty pounds, for each or 
either of said offences, or by whipping or standing in the 
Pillory, or imprisonment, or any or all such punishments 
as said Court may direct. 

And he it further Enacted, that there be allowed to the 
Managers aforesaid for their services, a commission of two 
per centum on the whole amount of the tickets by them 
sold, with the necessary charges of printing only. 

And be it further Enacted, that the said Managers, prior 
to commencing the drawing of each Class, shall deliver to 
the Treasurer the whole of the Tickets that remain unsold, 
which shall be considered as at the risque of this Common- 
wealth. March 2, 1790. 



Managers — 
their allowance 



Treasurer to 
receive unsold 
Tickets. 



1789. — Chapter 48. 

[January Session, ch. 23.] 

AN ACT TO RAISE A PUBLIC REVENUE BY EXCISE, AND TO 

REGULATE THE COLLECTION THEREOF. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
Excised articles, of the Same, That on and after the first day of May next, 
there shall be paid on the following Articles, the excise 
duty to them respectively herein affixed, vizt. 

On Madeira Wine, per gallon, one shilling & four 
pence, — 

On all other wines per gallon. Six pence, — 
On foreign Rum per gallon, six pence, — 
On all other foreign distilled Spirits, per gallon, six 
pence, — 

On new england rum & distilled Spirits, per gallon, 
three pence, — 

On Bohea Tea, per pound, three pence, — 

On all other India teas, per pound, one shilling, — 



Acts, 1789. — Chapter 48. 463 

On Coflee, per pound, one])enny, — 

On Chocolate, per pound, one penny, — 

On foreign loaf sugar, per pound, two pence, — 

On all other loaf Sugar, per pound, one penny, — 

On all other Sugar, imported, per pound, halfpennij, — 

On Raisins, per hundred weight, three shillings, — 

On Snuft", per -^oxxwA, four pence, — 

On every Gallon of foreign Beer, Ale, or Porter, in 
Casks, three pence, — 

On all foreign Beer, Ale or Porter in Bottles, per dozen, 
one shilling, — 

On all foreign Cheese, per pound, one penny, — 

On every Coach, Chariot & Post Chaise, yearly. Six 
Pounds, — 

On every Phaeton, and four wheel Chaise, yearly, three 
pounds, — 

On every fall back Chaise, yearly, ten shillings, — 

On every other Chaise, yearly. Six shillings, — 

On every Sulkey & Riding Chair, yearly, four shil- 
lings, — 

On every licence granted to an Innholder, twenty four 
shillings, — 

On every licence granted to a Retailer, tivelve shillings, — 

And be it further enacted, that for the due collection of oeni'raund 
the duties of Excise which by this Act are imposed, there collectors to be 
shall be appointed One Comptroller General ; and one 
Collector of Excise, in each & every County within this 
Commonwealth only in the County of Essex two Collec- 
tors shall be appointed one in each District thereof, as 
heretofore divided. And the said Comptroller before he comptroller 
enters on the duties of his Office, shall give Bond with 
sufficient Sureties, in a Sum not less than ten thousand 
Pounds, to the Treasurer of this Commonwealth, con- 
ditioned that he will truly and impartially, according to 
his best skill & judgment execute the business by law 
assigned him, and shall be sworn to the faithful discharge 
of the duties of his Office ; And the Treasurer is hereby 
empowered to administer the said Oath. 

And every Collector, shall before he enters on the ^5^"®^*°"/° 
duties of his Office, give Bond with sufficient Sureties to 
the Comptroller General, payable to him or his Successor 
in Office, for the use of the Commonwealth, in a sum not 
less than the amount of the Collections in the County or 
district for which he shall be chosen the year next preced- 



464 



Acts, 1789. — Chapter 48. 



Inspectors 
appointed and 



Comptroller 
General & 
Collectors, 
— how ap- 
pointed. 



Duty of the 
Comptroller 
General. 



ing his election, conditioned for the faithful performance 
of the duties of his Office, and to answer for the default 
of his Deputies & Inspectors, and shall make Oath before 
some Magistrate, that he will diligently, faithfully and 
agreeably to Law, perform all the duties of his Office ; 
And he shall deliver to the Comptroller a Certificate of 
having taken such Oath from the Magistrate who shall 
administer the same : 

And there shall be one or more Inspectors in every 
Port where there is a Continental Revenue Officer, and 
in each Town which is adjoining to another State, to be 
appointed by the Collector of the County in which such 
Port or Town is ; and said Inspector shall be sworn to 
the faithful discharge of the duties of his Office, and shall 
1)6 removeable from Office at the will of the Collector who 
appointed him. 

And he it farther enacted, that the said Comptroller 
General, and the said Collectors shall be appointed by 
both Houses in their present Session, to continue in 
Office untill the Month of June, One thousand seven hun- 
dred Sc ninety one, and afterwards to be chosen in the 
month of June annually, the choice to originate in either 
House, and to be sent to the other for concurrence. 

Be it Enacted that the duties of the respective Officers 
to be appointed by virtue of this Act, shall be as follows, 
vizt. It shall be the duty of the Comptroller General, to 
superintend the conduct of all the Collectors throughout 
this Commonwealth ; to demand of them a settlement of 
all their Public Accounts agreeably to law, and in case of 
failure or neglect of duty in either of them, the Comp- 
troller shall prosecute the delinquent ; 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 conformably to law, as he shall deem 
necessary, in order to establish an uniformity of proceed- 
ing in the several Offices, and to enable him to render to 
Government, at any time, an accurate statement of the 
said collections, and of the expence of collecting the same : 
That on a settlement of Accounts with the Collectors, the