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

IfiPlP'-n'^li'^vn ■■;■;; 



^ 



ACTS AND RESOLVES 

or 

MASSACHUSETTS. 



1790^91. 



[Published by the Secretary of the Commonwealth, under 

AUTHORITY OE 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,XC. 

Reprinted by Wright & Poiter Printing Company, State Printers, 
1895. 



i 



ACTS AND LAWS, 

PASSED BY THE GENERAL COURT OF 3IASSACHU8ETTS ; 
BEGUN AND HELD AT BOSTON; IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-SIXTH DAY 
OF HAY, ANNO DOMINI, 1790. 



1790. — Chapter 1. 

[May Session, ch. 1.] 

AN ACT ALTERING THE TIME OF HOLDING THE SUPREME JU- 
DICIAL COURT AT SALEM WITHIN AND FOR THE COUNTY OF 
ESSEX. 

Whereas the Supreme Judicial Court holden at Cam- Preamble, 
bridge within & for the Count;/ of Middlesex on the last 
Tuesday of October annually, hath not sufficient time to 
decide the several causes that come before that Court at those 
terms, as by law the same Court is to be holden at Salem 
within and for the County of Essex the next succeeding 
week, wherefore that the said Court inay have sufficient 
time to decide the several causes aforesaid; 

Be it enacted, by the Senate & House of Representatives 
in General Court assembled and by the authority of the 
same, that the Supreme Judicial Court which by law is Time of holding. 
now to be holden at Salem within & for the County of 
Essex on the first Tuesday of November annually, be 
hereafter holden at Salem within & for the County of 
Essex on the second Tuesday of November annually, any 
Law to the contrary notwithstanding. June 4, 1790. 

1790. — Chapter 2, 

[May Session, ch. 2.] 

AN ACT FOR INCORPORATING THE SOUTHERLY PART OF THE 
TOWN OF PLTMPTON IN THE COUNTY OF PLIMOUTH, INTO 
A TOW^N BY THE NAME OF CARVER. 

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 ivit, — Be- Boundaries. 
gining at the west line of the town of Kingston, thence 
runing west so as to strike the head of Anesnapet brook. 



Acts, 1790. — Chapter 2. 



Carver incorpo- 
rated. 



— To pay all 
arrears of taxes. 



— To support 
poor. 



— To recfiive 
their proportion 
of all debts, &c. 



Person em- 
powered to 
issue 
warrant. 



SO called, thence continuing the same course on a straight 
line to the north side of the land of James Vaaghan, 
thence, the same course to the line of the town of Middle- 
boroiigh (it l)eing the dividing line ])et\veen the north and 
south precincts in the said town of Plym2)ton ) thence on 
the line of the said town of Middlehorough 'till it comes 
to the line of the town of Wareham, thence on the line 
of the said town of Wareham, 'till it comes to the line of 
the town Plimouth, thence on the line of the said town of 
Plimouth, 'till it comes to the line of the town of King- 
ston aforesaid, thence on said Kingston line to the 
first mentioned bound, with all the inhabitants dwelling 
on the lands above described, be and they are hereby 
incorporated into a town by the name of Carver; and 
the said town is hereby invested with all the powers, 
privileges & immunities to which towns within this Com- 
monwealth are or may be entitled, agreeable to the 
Constitution & Laws of this Commonwealth. 

Be it further enacted by the authority aforesaid, that the 
inhabitants of the said town of Carver shall pay all the 
arrears of taxes which have l)een assessed upon them and 
their proportionable part of the tax granted in March 
last, together with their proportion of all debts that are 
now due from the said town of Plympton, and shall 
support any poor person or persons who have heretofore 
been inhabitants of that part of Plympton which is now 
Carver, and shall not have obtained a legal settlement 
else where ; (when they may become chargeable), and such 
poor person or persons may be returned to the town of 
Carver in the same way and manner that paupers may by 
Law be returned to the town or district to which they 
belong. 

Be it further enacted that the inhabitants of the said town 
of Carver, shall be entitled to receive their proportion of 
all debts and monies due to the said town oi Plympton, and 
also their proportionable part of all the labaratory stores 
and common and undivided lands belonging to the said 
town of Plympton agreeab[Z]y to the last State tax as- 
sessed upon the said town. 

And he it further enacted hy the authority aforesaid, 
that Ephraim Spooner Esquire, be & he is hereby em- 
powered to issue his warrant directed to some principal 
inhabitant, requiring him to warn & give notice to the 
inhabitants of the said town of Carver to assemble and 



Acts, 1790. — Chapters 3, 4. 1 

meet at some suitable place in the said town, as soon as 
conveniently may be, to choose all such officers as towns 
are required to choose at their annual town meetings in 
the months oi March or April annually. Jane 9, 1790. 

1790. — Chapter 3. 

[May Session, ch. 3.] 

AN ACT TO INCORPORATE A SOCIETY BY THE NAME OF THE 
EPISCOPAL PROTESTANT SOCIETY IN MARSHFIELD. 

Be it enacted, by the Senate & House of Representatives 
in General Conrt assembled and by the authority of the 
same, that Sylvanus White, John White and Ephraim Episcopal 
Little, church wardens, and Noah Hatch, Thomas Little society*h>- 
and James Little vestry men, with the other proprietors MarsSd.'" 
of Trinity-Church in the town of Marshfield and their 
successors, be and they hereby are incorporated into a 
Society or Body Politick by the name of the Episcopal 
Protestant Society in Marshfield ; and the said Society are 
hereby invested with full power and authority to assess 
and collect of the members belonging to said Society for 
the purpose of maintaining the public worship of God 
therein, such monies as shall be necessary for that pur- 
pose, and they are hereby 'vested with all such powers, 
privileges and immunities as the Congregational Societies 
do or may enjoy by the Laws of this Commonwealth. 

And be it further enacted, by the authority aforesaid, 
that Samuel OaTcman Esqr. be & he hereby is em- ^^Jy*"";^*^^ 
powered to issue his warrant directed to some principal issue 
proprietor, requiring him to warn the proprietors of said '^''""" • 
Church to assemble and meet at some suitable time and 
place in the said town of Marshfield, to choose all such 
officers as other incorporated religious societies are 
required to choose, at their annual meeting in the month 
of March or April. June 9, 1790. 

1790. — Chapter 4. 

[May Session, ch. 4.] 

AN ACT FOR GRANTING TO THE UNITED STATES OF AMERICA 
THE SEVERAL PUBLIC LIGHT-HOUSES WITHIN THIS COMMON- 
WEALTH. 

Be it enacted by the Senate & House of Representatives 
in General Court assembled and by the authority of the 



8 Acts, 1790. — Chaptee 4. 

Light Houses same, that there be and hereby are granted unto the United 

United States. State8 of America, the light house situate on ligJtt house 
Island in the harbour of Boston together with the lands 
and tenements thereunto belonging, the property of 
this Commonwealth, with the jurisdiction of the same ; 
also the two light houses situate on Tliaclier''s Island, so 
called in the County of Essex, together with the lands 
and tenements thereunto belonging, the property of this 
Commonwealth, with the jurisdiction of the same ; also 
the two light houses situate on the north end of Plumb 
Island in the County of Esesx, together with the lands 
and tenements thereunto belonging, the property of this 
Commonwealth, with the jurisdiction of the same ; also 
the light house situate on Portland- Head, in the County 
of Cumberland, together with the lands and tenements 
thereunto belonging, with the jurisdiction of the same ; also 
all the right, title and interest which this Counnon wealth 
has in the light house situate on the Gurnet Head, in the 
County of Plimouth, and in the lands and tenements 
thereunto belonging, with the jurisdiction of the same ; 
also the light house situate on Sandy Point so called, in 
the County of Nantucket, together with the lands and 
tenements thereunto belonging, the property of this 
Commonwealth with the jurisdiction of the same ; and the 
several light houses aforesaid, together with the lands and 
tenements thereunto severally belonging, the property of 
this Commonwealth with the jurisdiction of the same, are 
hereby ceded to and vested in the United States of 

Buoys. America; and also the four following buoys at the mouth 

of Merrimack river, one on the Hum Sands, another 
on the Sunken Rocks, another on the Gang Way Rock 
and the fourth on the Half Tide Rocks, together with the 
beacon on the spit of Sand near the light house in the 
harbour of Boston. 

Provided nevertheless, and he it further enacted, that if 
the United States shall at any time hereafter neglect to 
keep lighted and in repair any one or more of the light 
houses aforesaid, that then the grant of such light house 
or light houses so neglected, shall be void & of no effect, 

Proviso's. — Provided also, that all. civil and criminal processes 

issued under the authority of this Commonwealth or any 
officers thereof, may be executed on any of said lands or 
in any of said buildings, in the same way and manner as 
if the jurisdiction had not been ceeded as aforesaid ; — and 



Acts, 1790. — Chapters 5, 6. 1 

provided further, that if the United States shall at any 
time liereaftev make any compensation to any one of the 
United States for the cession of any light house heretofore 
or which may be hereafter made to the United States, 
that then, like compensation be made to this Common- 
wealth by the United States, for the cession of the light 
houses aforesaid, in proportion to their respective values. 

June 10, 1790. 

1790. — Chapter 5. 

[May SesBion, ch. 5.] 

AN ACT TO EMPOWER THE TOWN OF FRYEBURG TO EXCHANGE 
PART OF THE PARSONAGE LAND FOR OTHER LAND IN 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 the Selectmen of the town of Fryehurg, selectmen of 
with the consent of the Keverend William Fessenden, the Fryebu°g?im. 
present Minister of the said town, be and they hereby ^"rtaYnpu?"^ 
are impowered to make and execute a good and lawfull poses. 
deed of the first division, upland lot, belonging to the 
parsonage right in said town ; — Provided they shall 
receive for the aforesaid parsonage lot, from the present 
owner of the first Division, upland lot, originally laid out 
to the right of John Russell, in said Fryehurg, a good and 
sufficient deed of said lot, to the use of the said town as 
a parsonage forever. Jane 14, 1790. 

1790. — Chapter 6. 

[May Session, ch. 6.] 

AN ACT TO PREVENT THE DESTRUCTION OF OYSTERS IN THE 
SEVERAL PLACES THEREIN MENTIONED. 

Whereas it has been the practice of persons belonging to preftmbie. 
other towns and ports to come with vessels d' other crafts 
into the harbo^irs & rivers of the toivn of Yarmouth in the 
County 0/ Barnstable, Swanzey, Somerset & Freetown in 
the County of Bristol, Sherburn in the County of Nan- 
tucket and into the town of Edgarton in the County of 
Dukes County, to rake the beds of Oysters, and carry them 
away from the inhabitants of said towns in large quantities, 
by means whereof, the said fish are in a great measure 
destroyed, to the great damage of the poor, and other in- 
habitants of said towns: — 



10 



Acts, 1790. — Chapter 6. 



Qu.antity of 
shell flBh which 
may betaken — 
specified. 



Persons aiding 
or assisting, 
subject to 
forfeiture. 



Vessels subject 
to seizure for 
breach of this 
act. 



Where, and in 
what manner, 
breaches of this 
act may be 
heard and 
determined. 



Be it enacted by the Senate and House of Representatives 
in General Court assembled & by the authority of the same, 
that from and after the first day of September next, no 
person or persons shall presume to rake or carry off by 
water or land to any place out of the limits of any of the 
said towns, more than three bushels of said fish (including- 
the shells) or more than five quarts of said fish when taken 
from the shells, at any one time ; and any person offending 
against this Act & being convicted thereof in any Court 
proper to try the same, shall forfeit and pay not less than 
twelve shillings nor more t\\QXi four pounds, unless liberty 
for taking the said fish (in writing under their hands) be first 
had & ol)tained from the major part of the selectmen for 
the time being, of the respective towns within whose 
limits they are taken. 

And be it further enacted, that if any person or persons 
residing in either of the said towns shall aid or assist any 
person or persons coming out of or belonging to any other 
town in taking any of the said fish, otherwise than is by 
this Act provided, or shall supply them therewith, he or 
they so offending shall forfeit and pay not less than twelve 
shillings nor more i\\SiXi four pounds for each offence. 

And it is further enacted, by the authority aforesaid, 
that if any Vessel or boat shall be found within two miles 
of either of the harbours or shores of either of the towns 
aforesaid, having on board more than three bushells of the 
said fish (including the shells) or more than five quarts of 
said fish when taken from the shells, taken within the lim- 
its aforesaid, the said vessel or boat not being owned in 
either of the said towns, and not having a permit in writ- 
ing from the major part of the selectmen as aforesaid for 
taking the said fish, it shall & may be lawful for any per- 
son or persons to seize all such vessels or boats and detain 
the same until the master or owner thereof shall pay such 
fine or forfeitures as shall be ordered by the Court that 
shall try the same, and all legal costs arising thereon. 

And be it further enacted by the authority aforesaid, 
that all breaches of this Act happening in either of the said 
towns of Yarmouth Sim.nzey, Somerset, Freetown, Sher- 
burn or Edgarton shall be heard & determined by any Jus- 
tice of the peace in either of the Counties where the ofience 
is committed, who, on complaint of any person of the 
breach of any part of this Act made to him in writing, 
shall issue his warrant for apprehending and bringing 



Acts, 1790. — Chapter 7. 11 

before him such person or persons who shall be charged 
with any breach of this Act, and on conviction thereof lay 
such fine or fines as aforesaid with legal costs ; and any 
person or persons aggrieved at the sentence of any Justice 
of the peace given in pursuance of this Act, may appeal 
therefrom to the next Court of General Sessions of the 
peace, to be holden in the County where such sentence is 
given. 

jLnd be it further enacted by the authority aforesaid, 
that all fines & forfeitures which may accrue by this Act, f'^jo";;^?^ 
shall be disposed of, the one half for 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. 

And be it further emacted by the authority aforesaid, 
that this Act shall continue & be in force for the term of unuance.*'""" 
three years from the passing hereof & no longer. 

June 17, 1790. 

1790. — Chapter 7. 

[May SeBsion, ch. 7.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, «' AN ACT TO SET 
OFF TO THE PATENTEES AND OTHER PURCHASERS CERTAIN 
LANDS ON THE ISLAND OF CHAPEQUIDDICK IN THE COUNTY 
OF DUKES COUNTY, AND FINALLY TO ADJUST AND DETER- 
MINE ALL DISPUTES BETWEEN THE SAID PATENTEES AND 
OTHER PURCHASERS AND THE INDIANS ON THE SAID ISLAND 
& TO PREVENT CATTLE, HORSES, SHEEP, GOATS & SWINE 
FROM GOING AT LARGE ON THE SAID ISLAND AT CERTAIN 
SEASONS OF THE YEAR." 

Whereas it is provided in and by said Act, that the said Preamble. 
patentees & other purchasers shall be at the whole t0 sole 
charge and expense of mahing maintaining and repairing 
the division fence or fences between the lands of the said 
Indians and the land of the said jiatentees c6 otJier jiw*'- 
chasers, (& no time being set in said Act when the said 
fence or fences shall be erected — 

J3e it therefore enacted, by the Senate and House of 
Representatives in General Court assembled & by the 
authority of the same, that from and after the passing this Forfeiture, in 
Act, if the patentees & other purchasers aforesaid shall o?pa?irrtefi*'' 
neglect or refuse to erect and keep in repair a lawful fence ^°'' pwchasere 

~, -,..,. ,. 1.1 after a certain 

on the dividing Inie between the said patentees and other "me. 
purchasers and the said Indians, begining at the harbour 
at low water mark & from thence runing by the east side 



12 



Acts, 1790. — Chapter 7. 



Appropriation. 



"What notifica- 
tion shall be 
deemed lawful. 



Guardians 
authorized in 
case of neglect 
of the aforesaid 
Proprietors. 



of the land formerly owned by Thomas Arey and so to 
continue on the divisional line on the west side of the 
road, until it comes to the east side of the land set off for 
the use of the indians aforesaid and from thence on the 
said dividing line into the pond called cape poge pond, 
where there shall be two feet of water at low water, for 
the tenn of four months after being duly notified by the 
guardians of the said indians for the time being, the per- 
son or persons so neglecting or refusing shall forfeit and 
pay the sum of three pounds for each & every month he 
or they shall neglect or refuse to erect and keep in repair 
a fence as aforesaid ; all the forfeitures accruing by this 
Act shall be recoverable by any two of the guardians for 
the time being in any Court proper to try the same and 
the money arising from any forfeitures in this Act shall be 
for the use of the poor indians on said Island. 

And be it further enacted, that a notification in writing 
under the hands of any two of the said guardians, notify- 
ing them the said patentees and other purchasers, to erect 
a fence as aliovementioned, and left with the clerk of the 
said patentees & other purchasers, shall be deemed and 
taken to be a lawful notification for the purposes aforesaid. 

And whereas in the Act to which this is an addition, 
cattle, horses, sheep, goats and swine are to rim at large on 
said Island from the twenty fifth day of October to the 
twenty fifth day q/" April yearly ^ and no p)rovision is made 
in said Act to which this is an addition to regulate and 
proportion tlie stock and pasturage on said Island owned 
between the pate\^e^7itees and other pwchasers and the in- 
dians aforesaid, to the great damage of the Indians and 
their property : 

Therefore be it further enacted by the authority afore- 
said, that if said patentees and other purchasers shall neg- 
lect to erect & keep in repair, a fence as aforesaid, being 
notified as aforesaid, or shall refuse or neglect to agree 
with the said guardians for the time being, for the better 
improvement of said Indian's lands and meadows, so long- 
as they shall remain in common and unfenced, it shall and 
may be lawful for any one of said guardians or any other 
person whom the said guardians shall appoint for that pur- 
pose, to take up at any time in the year, any cattle, horses, 
sheep, goats and swine going at large on any of the said 
Indian's lands or meadows, set off for their use and them 
impound in a pound to be provided for that purpose and 



Acts, 1790. — Chapter 7. 13 

there to detain them until the owners thereof pay to the 
said guardians the same sum or sums of money for each 
and every head of cattle, horses, sheep, goats and swine 
as is provided in the Act to which this is an addition ; and 
upon non payment thereof, the said guardians or some 
other person or persons whom they shall appoint, shall 
proceed to sell the same at public auction, first causing 
notifications to be posted in some public place on said 
Island, expressing the time place and cause of said sale 
at least four days previously thereto ; and after deduct- 
ing the necessary charges of impounding, supporting and 
selling the same, the overplus of the same, if any there be, 
shall be returned to the owners of the creatures thus im- 
pounded if known or, if not know^n, shall be lodged with 
the clerk of the said patentees & other purchasers for the 
use of such owners ; and if any action shall be brought 
against said guardians or any of them, or any other per- 
son or persons by them appointed for impounding or sell- 
ing the cattle, horses, sheep, goats or swine, by virtue of 
this Act, he or they against whom such action is brought 
may plead the general issue & give this Act in evidence 
for their justification. 

And he it further enacted by the authority aforesaid, 
that the patentees & other purchasers aforesaid shall erect Jj^'o^eTn'them 
and maintain said fence or fences and regulate the stock selves agreeably 
and pasturage agreeably to a law of this Commonwealth ° * " ^^ '"''■ 
made & passed the twenty first of February in the year 
of our Lord one thousand seven hundred & eighty six, 
entitled, " An Act concerning general & common fields". 

And iDhereas, in the said Act to which this is an addi- P''ca"ii''c. 
tion, it is provided, that a road of two rods vnde from the 
bounds by the harbour and by the east side of the land 
formerly owned by Thomas Arey, to the east side of the 
vidian's land and from the bounds by the harbour icesterly 
to the point of land near the town shall be an open way, & 
such provision is found by experience to be prejudicial as 
well to the english patentees as to the indians, — Por rem,edy 
whereof. 

Be it further enacted, that said road of two rods Avide width of the 
shall hereafter be through gates & barrs, any thin[k][.^] ''°'"^''^''- 
in the Act to which this is an addition to the contrary 
notwithstanding. June 19, 1790. 



14 



Acts, 1790. — Chapter 8. 



Time when to 
be opened. 



1790. — Chapter 8. 

[May Session, ch. 8.] 

AN ACT FOR THE PRESERVATION AND ENCREASE OF THE FISH 
CALLED ALEWIVES, IN ACQUESNET RIVER IN THE TOWN OF 
NEW-BEDFORD IN THE COUNTY OF BRISTOL & FOR REGU 
LATING THE TAKING THE SAID FISH IN THE SAID RIVER. 

I^e it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
Owners of dams ^/^g same, that tliG ownei" or owners of each and every mill 

on the river ' • i i i • 

to provide dam on the said river, shall make, provide & continue a 

since ways. ^\^y^QQ ^^j of two fcct widc and eight inches deep, for the 
said fish to pass their respective dams, as low as the Select- 
men of the said town of N'ew Bedford shall judge conven- 
ient for the said fish to pass in ; And the Selectmen of the 
said town of New-Bedford are hereby authorized on the 
second monday oi April, annually, to open the said sluice 
ways, which when opened l^y them shall remain open 
until the twentieth day of May annually, — and the owner 
or owners of any dam on the said river who shall neglect 
or refuse to make provide & continue a sluice way as afore- 
said, or who after such sluice way is opened as aforesaid, 
shall shut or obstruct the same during the term the said 
sluice way is to be kept open as aforesaid, shall forfeit and 
pay the sum of forty poiinds for each offence. 

And be it further enacted, that the said town of JSTeiv 
Bedford at their annual meeting for the choice of town oflfi- 
cers in the months of March or April annually, are hereby 
authorized to choose a committee consisting of not more 
than twelve nor less than three suitable discreet persons, 
for inspectors of the said river ; whose duty it shall be 
within four days after their appointments, to post up in 
four public places in the said town, nearest the said river, 
a notification under their hands or the major part of them, 
pointing out the times when and the places where the said 
fish may he taken, in the said river ; and if any person 
shall pull down or deface such notification, he or she shall 
for each offence forfeit and pay ten shillings, & if such 
committee shall neglect or refuse to post up such notifica- 
tion within the said term of four days, such committee 
shall forfeit and pay ten shillings; and any person who 
shall presume to take any of the said fish in the said river, 
except at the times and places appointed by the said com- 
mittee as aforesaid shall forfeit & pay thj'ee j^ounds for 
each offence. 



■Tiicirduty. 



Acts, 1790. — Chapters 9, 10. 15 

And be it further enacted, that if any person or per- Forfeituree. 
sons shall make any wears or any other obstruction to 
hinder the passage of the said fish up the said river, each 
person so offending shall forfeit and pay the sum oi four 
pounds ; and any person who shall take or catch any of 
the said fish in the said river, with any other instrument 
than a dip net, shall forfeit and pay forty shillings for each 
offence. 

And he it further enacted, that all the forfeitures men — now 
tioned in this Act, shall accrue to the said town of JSfein "'*''''''*'"''• 
Bedford, to be recovered by the Treasurer of the said 
town in an action of del)t in any court proper to try the 
same ; & no person shall l)e considered as disqualified 
from giving evidence in any such action, on account of 
his living in or being an inhabitant of the said town of 
New Bedford. 

And he it further enacted, that any agreement which y^'i'"''^"/ 

J ,., I'T ^ agreements, 

may be made and entered into between the said town of 
Neio Bedford & the owner or owners of any dam on the 
said river with regard to the premises, shall be good and 
valid in Law. June 19,1790. 

1790. — Chapter 9. 

[May SesKon, ch. 9.] 

AN ACT TO SET OFF JOHN TIPPET FROM THE SECOND TO 
THE FIRST PARISH IN METHUEN. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assemhled and hy the authority of 
the same, thiit John Tippet oi Methuen in the County John Tippet, 
of Essex, be and he hereby is set off from the second 
parish in said Methuen together with all his estate both 
real and personal and annexed to the first parish in 
Methuen, there to do duty & receive privileges in the 
aforesaid first parish in Methuen. June, 21, 1790. 

1790. — Chapter 10. 

[May Session, ch. 10. J 

AN ACT FOR DETERMINING AT WHAT TIMES AND PLACES THE 
SEVER AI, COURTS OF GENERAL SESSIONS OF THE PEACE 
AND THE COURTS OF COMMON PLEAS, SHALL BE HOLDEN 
WITHIN AND FOR THE SEVERAL COUNTIES WITHIN THIS 
COMMONWEALTH; AND FOR REPEALING ALL LAWS HERE- 
TOFORE MADE FOR THAT PURPOSE. 

Be it Unacted by the Senate and House of Bepreseyita- 
in General Coui't assemhled and by the authority of 



16 Acts, 1790. — Chaptee 10. 

Laws repealed, ^/^g same, that from and after the first day oi August next, 
all the laws heretofore enacted and now in force, deter- 
mining the times and places for holding the several Courts 
of General Sessions of the Peace and Courts of Common 
Pleas within and for the several Counties in this Com- 
monwealth, so for as respects the times and places for 
holding the said Courts, be and they hereby are repealed. 

And he it further Enacted by the authority aforesaid, 
that the times and places for holding the Courts of Gen- 
eral Sessions of the Peace and Courts of Common Pleas 
within and for each County in this Commonwealth, an- 
nually, shall from and after the first day of August next, 
be as follows ; viz, 
places for^'hoid- Within aud for the County of Suffolk, at Boston, on 
iiig Courts. the first Tuesday of July, the first Tuesday of January, 
on the first Tuesday in October and on the third Tuesday 
in April: 

Within and for the County of Essex, at Ipsioich, on the 
first Tuesday of April, at Salem on the second Tuesday 
in July, & at Newbury Port the last Tuesday of Sep- 
tember : 

AVithin and for the County of Middlesex, at Cam- 
bridge, on the last Tuesday of November, and at Concord 
on the third Tuesday of March and the second Tuesday 
in September: 

Within and for the County of Hampshire, at Spring- 
field, on the third Tuesday of January, at Northampton 
on the first Tuesday of September and the third Tuesday 
in May: 

Within and for the County of Plimouth, at Plimouth, 
on the second Tuesday in April, the last Tuesday of JiUy, 
and the third Tuesda}^ of November: 

Within and for the County of Barnstable, at Barn- 
stable, on the first Tuesday of April, and the first Tues- 
day of November : 

Within and for the County of Bristol, at Taunton, on 
the second Tuesday of March, and the second Tuesday 
of September : 

Within and for the County of York, at York, on the 
third Tuesday of April, at Waterborough on the fourth 
Tuesday in August, and at Biddeford on the second 
Tuesday of November : 

Within and for the County of Dukes County, at Edger- 
ion, on the third Tuesday of April; and at Tisbury on the 
last Tuesday of October : 



Acts, 1790. — Chapter 10. 17 

Within and for the County of Nantucket, at Sherburne, 
on the last Tuesday of March, and on the first Tuesday of 
October : 

Within and for the County of Worcester, at Worcester, 
on the Tuesday next preceeding the last Tuesday of 
March, on the last Tuesday in August, and on the first 
Tuesday in December: 

Within and for the County of Cumberland, at Port- 
land, on the last Tuesday of May, the first Tuesday in 
January and the third Tuesday in October : 

Within and for the County of Lincoln, at Holloioell, on 
the second Tuesday in January, at Poivnalborough on 
the first Tuesday in June, and at Waldoborough on the 
second Tuesday of September : 

Within and for the County of Berhshire, at Lenox, on 
the second Tuesday in September, and the first Tuesday 
of February : 

Within and for the County of Hancoch, at Penobscott 
on the third Tuesdays of March and September : 

Within and for the County of Washington, at Machias, 
on the fourth Tuesdays of March and September. 

And be it further Enacted, that all appeals already ^J^^f^^'g^^^^^ 
made, recognizances taken, or that may before the afore- determined. 
said first day of August next be made or taken, to 
any Courts of General Sessions of the Peace, and all 
actions already commenced or that may be commenced 
and all processes returned, or that may be returnable 
before the aforesaid first day of August, and all appeals 
claimed or which may be claimed, and all actions pend- 
ing at any Court of Common pleas, which before the 
operation of this Act should have been holden at any 
other time or place, than those in this act aflixed for hold- 
ing said Courts, shall be returnable to, entered, made, pro- 
ceeded on, tried and determined at the Courts next to be 
holden in each County after said first day of August, 
agreeal^ly to the true intent of such Writ, process, recog- 
nizance or appeal : 

Provided nevertheless that this Act shall not begin to proviso, 
operate with respect to Courts to be held in the County 
of York, untill the first day of January next, any thing 
herein to the contrary notwithstanding. June 21, 1790. 



18 



Acts, 1790. — Chapter 11. 



PerBona 
incorporated. 



Persons con- 
sidered 
memberB. 



1790. — Chapter 11. 

[May Session, eh. 11.] 

AN ACT FOR INCORPORATING A NUMBER OF THE INHABI- 
TANTS OF THE TOWNS OF NEW-GLOUCESTER AND GRAY 
IN THE COUNTY OF CUMBERLAND, INTO A DISTINCT & SEP- 
ERATE RELIGIOUS SOCIETY. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same. That John Woodman, Isaiah Woodman, Eben- 
ezer Lake, John Warren, Thomas Wharf, Elias Merrill, 
Jabez True, Simon Noyes, William True, Thomas 
Penny, Robert Herrin, John Slenchfield, Ejphraim 
Stenchfield, Eliphalet Haskell, John Tufts, Nathaniel 
Bennett, Joseph Raynes, Stephen Washburn, Josiah 
Smith, William Irish, Job Haskell, Jonathan Bennett, 
Joseph Woodman, Nathan Merrill, Asa Libby, John 
Stenchfield, David Woodman, David Mackintier, Adam 
Cotton, Solomon Atwood Junr. Ebenezer Whitmarsh, 
Thomas Franck, James Humphrey, William Delley, Jere- 
miah Hay den, John JVash, Joseph Weeks, Elijah Nash, 
Nathan Morse, Hosea Mo7'se, George Small, Levi Morse, 
David Jordan, John Morse, Samuel Stowell, Reuben 
Stoivell, Richard Siveetser, Jabez Matheios, Timothy 
Waymouth, James Russell, Nathaniel Russell, John 
Delley, James Small, David Hunt, Timothy Foog, Tim- 
otliy Foog junr., James Frank, Stephen Astens, Benja- 
min Libby, Amaziah Delano, Francis Jackson, Andreto 
Libby, William Davis, Andrew Libby junr., Moses 
Libby, Asa Libby Junr., Oliver Humphries, David 
Nash, John Humphrey , Arthur Libby, Joel Libby, Isaac 
Lion & Joseph Merrill, members of the said religious 
Society together with their polls and estates, be and they 
are hereby incorporated by the name of the Baptist relig- 
ious Society of New Gloucester and Gray, with all the 
privileges, powers and immunities which any parish in this 
Commonwealth is by law entitled to. 

And be it further enacted by the authority aforesaid, 
that any & every person in either of the towns of New 
Gloucester or Gray, wdio may at any time hereafter act- 
ually l)ecome a member of and unite in religious worship 
with any Society in either of said towns and give in his 
or her name to the selectmen of the town where he or she 
lives, with a certificate signed by the minister of the so- 
ciety to which he or she hath so united, fourteen days 
previous to the towni meeting therein to be held in the 



Acts, 1790. — Chapter 12. 19 

month of March or April annually, shall from and after 
such meeting with his or her polls & estates be considered 
as a member of such Society. 

And be it further enacted by the authority aforesaid, 
that William Wedgery Esqr. be and he hereby is author- ^™;.Sr-'"^' 
ized to issue his warrant directed to some principal i^ed^toissue 
member of the said Society, requiring him to warn the 
members of the said Society qualified to vote in parish 
aftairs, to assemble at some suitable time and place in 
either of the said towns of New Gloucester or Gray, 
to chuse such parish officers as are by law required to be 
chosen in the month of March or April annually, & 
to transact all matters and things necessary to be done 
in said Society. June 23, 1790. 

1790. — Chapter 13. 

[May Session, ch. 12.] 

AN ACT IN ADDITION TO AN ACT MADE AND 7ASSBJ) FEBRUARY 
THE FOURTEENTH ONE THOUSAND SEVEN HUNDRED AND 
EIGHTY NINE, INTITLED "AN ACT FOR RENDERING PROC- 
ESSES IN LAW LESS EXPENSIVE." 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that from and after the first day of October next, ^'™^g"°^f 
all original ^^''rits issuing out of the Office of any Justice endorsing _ ^ 
of the Peace in this Commonwealth under the authority 
of, and by virtue of the Act aforesaid, shall before they 
are served, be endorsed on the back thereof by the Plain- 
tiff or Plaintiffs, or one of them, with his Christian and 
Surname, if he or they are inhabitants of this Common- 
wealth, or by his or their Agent or Attorney being an 
inhabitant thereof; and when the plaintiff is not an inhab- 
itant of this Commonwealth, then his Writ shall be en- 
dorsed in the manner aforesaid, by some responsible 
person who is an inhabitant of this Commonwealth ; other- 
wise, the said Writ shall be abated ; and the Court may 
upon motion, when it shall appear to their satisfaction 
that the Plaintiff, Agent, or Attorney who endorsed the 
Writ is not of sufficient ability to respond the cost which 
may arise in prosecuting his or their action, order that 
the plaintiff shall procure a new and responsible en- 
dorser ; and such new endorsor shall be held in the same 
manner as if the endorsment had been made before the 
Writ was served ; and when the plaintiff shall neglect to 
procure such new endorsor, when directed thereto, by the 



20 



Acts, 1790. — Chapters 13, 14. 



Endorser to t 
held account- 
able, in case. 



Validity of thi 
Justices' pro- 
ceedlBgs. 



Court, he shall become nonsuit, but no costs shall be 
adjudged against him. And the plaintiff. Agent, or Attor- 
ney who shall so endorse his name upon any original 
Writ to be issued as aforesaid, shall be held, in case of 
the avoidance or inability of the plaintiff, to })ay the 
Defendant all such costs as he shall recover, and to pay 
all prison charges that may happen when the plaintiff 
shall fail to support his action. 

And be it further enacted, that the Records of the pro- 
ceedings of Justices of the Peace by virtue of the said 
law, shall be and hereby are made good and valid to all 
intents and purposes, without a seal, in the same manner 
as they would have been with a seal, any thing in the said 
law to the contrary notwithstanding. June 24, 1790. 



Clause in a 
former law 
repealed. 



1790. — Chapter 13. 

[May Session, ch. 13.] 
AN ACT FOR THE RELIEF OF THE TOWN OF CHARLESTOWN. 

Whereas the General Court of this Commonwealth did 
grant a sum of money to he 7'aised hy lottery, to the Town 
of Charlestown, to enable the said town to pay the expense 
of amending and altering the Streets Lanes and Squares 
in said toion, and the inhabitants of the said toivu have 
represented to this Court, that they are still largely in debt 
in consequence of the alteration of said streets: 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that the clause in the Act for limiting the opera- 
tion of Lotteries, passed in the last session of the General 
Court so far as it respects the operation of the Lottery 
heretofore granted to the Town of Charlestown, be, and it 
hereby is repealed. June 24, 1790. 



1790. — Chapter 14. 

[May Session, ch. 14.] 

AN ACT TO REPEAL, IN CASE OF THE ASSUMPTION OF THE 
STATE DEBTS, BY THE CONGRESS OF THE UNITED STATES, 
AN ACT ENTITLED " AN ACT TO RAISE A PUBLIC REVENUE 
BY EXCISE, AND TO REGULATE THE COLLECTION THEREOF," 
PASSED THE THIRD DAY OF MARCH ANNO DOMINI SEVEN- 
TEEN HUNDRED AND NINETY. 

Whereas the revenue ^^foposed to be raised by the said 
Act, is appropriated to the payment of the interest of the 
consolidated debt of this Commonwealth, and will become. 



Acts, 1790. — Chapter 15. 21 

in case of the said assumption, an unnecessary burden iqjon 
the Citizens of this Commomvealth. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority 
of the same, that in case the Congress of the United fepeaTed^i^caee*! 
States shall assume, or permit to be loaned on the credit 
of the United States, the consolidated debt of this State, 
or otherwise provide upon the credit of the United States, 
for the payment thereof, then and in either case, the said 
Act, entitled, "An Act to raise a public revenue by Ex- 
cise, and to regulate the collection thereof," shall be, 
and hereby is repealed, from the time when any Act or 
LaAV of the said Congress for either of the said purposes 
shall be made and established. Provided that all duties 
of Excise, accounts and bonds at that time due and un- 
settled, shall and may be required and enforced, this re- 
peal notwithstanding. 

And be it further Enacted that the Supreme Executive supreme 
of this Commonwealth, on having notice of the making, givrnotlce^&c. 
and establishment of any Act or Law of the said Congress, 
for either of the purposes aforesaid, shall, as soon as may 
be, cause the same to be made known in this Common- 
wealth in such way and manner as they may think best. 

June 24, 1790. 

[The following act x^assed in September, the Hon. General Court 
being called together by His Excellency's Proclamation, for that 
2na'pose.'] 

1790. — Chapter 15. 

[January Session, ch. 1.] 

AN ACT TO REPEAL CERTAIN PARTS OF AN ACT, INTITLED, 
"AN ACT TO RAISE A PUBLIC REVENUE BY EXCISE, AND 
TO REGULATE THE COLLECTION THEREOF," PASSED THE 
THIRD DAY OF MARCH LAST. 

Be it Enacted by the Senate and House of Repi'esenta- 
tives in General Court assembled and by the authority of 
the same, that on and after the first day of October next, Excise Laws 

.,.-,. . IT iT-i- repealed. 

the said recited Act to raise a public revenue by Excise 
and to regulate the collection thereof, and all former Ex- 
cise Acts be, and the same are hereby repealed and de- 
clared to be null and void, except as herein after excepted. 

Provided allways a7id be it farther Enacted, that the rioviso. 
said Act shall continue & remain in full force, so far as to 
authorize & empower the Comptroler General, and the 
present Collectors of Excise or their successors to continue 



22 Acts, 1790. — Chapter 15. 

in the discharge of their respective offices, to settle all 
Excise accounts up to the said first day of October next ; 
and to demand and receive the Excise agreeably to the 
aforementioned Act upon the several excised articles which 
shall have been sold used or consumed before the said first 
day of October ; and also to demand and receive all monies 
that are or shall become due by virtue of such parts of the 
before recited Act, as by this Act are continued in force. 
And the said Collectors or their Successors are hereby 
further impowered to settle all excise accounts that were 
due on, and previous to, the first day of May last ; and 
to demand & receive the Excise due agreeably to the rates 
established in the acts respectively under which it become 
due. 
Collectors' ^ncZ be it further Enacted, that the said Collectors or 

their successors be, and they are hereby impowered to 
prosecute to final judgment and execution, for all offences 
that have been committed against any preceding Impost 
or Excise law ; and for all offences that have been or shall 
])e committed against the aforementioned Act, any thing 
in any act or law to the contrary notwithstanding. 
Persone settling ^ntZ be it further Enacted, that when any person shall 
to make oath, ' Settle his cxcisc accouut up to the said first day of October 
next, and shall render therein, excised articles as being 
then on hand, he shall take and subscribe the following 
additional oath or affirmation : Viz. 

I do solemnly swear, or affirm, that the articles I have 
rendered in this account, as being on hand the first day of 
October One thousand seven hundred and ninety, are the 
identical articles that I have charged myself with in said 
account: 80 HELP ME GOD. 

Duties to con- j^q {( further Enacted, that such parts of the aforemen- 

tinue in force.— . , . . \ . -.i , -,,ri i 

tioned Act as mipose duties on licences and on Wheel 
Carriages, and regulate the collection and payment thereof, 
shall continue & be in full force, any thing in this act to 
the contrary notwithstanding. 
Proviso. Provided nevertheless, & be it further Enacted, that all 

acts noAV in force for imposing duties on certain papers, 
commissions and Instruments, and all acts in addition 
thereto, shall continue and be in full force, any thing in 
this Act to the contrary notwithstanding. 

September 17,1790.* 

* Approved September 17, 1790. 



Acts, 1790. — Chapters 1G, 17. 23 



1790. — Chapter 16. 

[January Session, ch. 2.] 

AN ACT TO SET OFF PETER LARKIN WITH HIS FAMILY & 
ESTATE FROM THE TOWN OF LANCASTER TO THE DISTRICT 
OF BERLIN. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, That Peter Larkin of Lancaster in the County Peter Larkin& 
of Worcester with his fjimily and estate be and hereby are "™' y« ^^ ° 
set oft' from the said town of Lancaster and annexed to the 
district of Berlin in the said County of Worcester, & shall 
hereafter be considered as part of the same, there to do 
duty & receive privileges as the other inhabitants of the 
said district. 

Provided nevertheless, the said Peter Larkin shall be Proviso. 
held to pay his proportion of all such State & County 
taxes as shall be laid by the Legislature upon said town 
of Lancaster before the settlement of another valuation, 
the passing of this Act notwithstanding. 

February 8, 1791. 

1790. — Chapter 17. 

[January Session, oh. 3.] 

AN ACT TO REPEAL IN PART, AN ACT ENTITLED, "AN ACT TO 
PREVENT THE DESTRUCTION OF FISH CALLED SHAD & ALE- 
WIVES IN TEN & THREE MILES RIVERS, IN THE COUNTY 
OF BRISTOL. 

WJiereas the Act entitled ' ' an Act to prevent the destruction Preamble. 
of fish called Shad and Alewives in Ten and Three Miles 
rivers in the County q/" Bristol, apj^ears not to be of public 
utility, so far as the same Act respects the said river called 
Three Miles river : — 

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 prevent the destruction of ^a^ repealed in 
the fish called Shad & Alewives in Ten & Three Miles 
rivers, shall be and the same is hereby repealed and de- 
clared to be null & void, from the time of passing this 
Act, as to all matters therein required or authorized to be 
done respecting the river called Three Miles river, — sav- 
ing only, that all acts and doings heretofore lawfully per- 
formed by virtue of the said Act, shall & may be justified 
thereby, this repeal notwithstanding. 

February 11, 1791. 



2i 



Acts, 1790. — Chapters 18, 19. 



Cambden 
incorporated. 



Boundaries. 



Oliver Parker, 
Esq. to call a 
meeting. 



1790. — Chapter 18. 

[January Session, ch. 4.] 
AN ACT TO INCORPORATE THE PLANTATION OF CAMBDEN IN 
THE COUNTY OF HANCOCK INTO A TOWN BY THE NAME 
OF CAMBDEN. 

Be it Unacted by the Senate and House of Representa- 
tives in General Court asse7nhled & by the authority of the 
same, that the said plantation called Cambden, included 
within the following boundaries, viz — Beginning at a rock 
marked A X on the sea shore at the north side of Oivls 
head bay at southeast corner of Thomastown line, thence 
running northwest by north seven miles sixty four poles 
to a maple stake marked on four sides and pile of stones, 
thence running north east by east five miles ninety four 
poles to a beach tree marked on four sides ; thence run- 
ning east three miles and an half and twenty poles to a 
spruce tree marked on four sides, thence running south 
east by south one mile to a fir tree marked on four sides, 
at Little Duck Trap in Penobscot bay; thence by the sea 
shore in a westerly direction to the bounds first mentioned, 
together with the inhabitants thereon be and they hereby 
are incorporated into a town by the name of Cambden ; 
and that the said town be & hereby is vested with all the 
powers, privileges & immunities which other towns in this 
Commonwealth do or may by law enjoy. 

And be it further Enacted by the authority aforesaid, 
that Oliver Parker Esqr. of Penobscot be and he hereby is 
empowered to issue his warrant, directed to some prin- 
cipal inhabitant of the said town of Cambden requiring him 
to notify the inhabitants thereof, to meet at such time and 
place as he shall therein appoint, to chuse all such ofl3cers 
as towns are by law required to chuse at their annual 
meetings in the month of 3farch or April. 

February 17, 1791. 



1790. — Chapter 19. 

[January Session, ch. 8.] 
AN ACT TO INCORPORATE AND ESTABLISH A SOCIETY BY THE 
NAME OF THE HUMANE SOCIETY OF THE COMMONWEALTH 
OF MASSACHUSETTS. 

Wiereas it is the duty of Government at all times to 
countenance and support its citizens in their exertions for 



Acts, 1790. — Ch after 19. 25 

alleviating the distresses of their felloiv men ; And whereas 
divers persons have j^etitioned this Court for an act of 
incorporation ivhereby they may more effectually carry into 
execution their benevolent designs : 

Be it therefore Enacted by the Senate <& House of Rej)- 
resentatives in General Court asse7nbled, and by (he author- 
ity of the same, that the honorable Thomas Russell esqr. h~«^ 
Jonathan Mason esqr., John Warren ]\I D Revd. Simeon corporated. 
Howard D D Revd Samuel Parker D D John Avery junr 
Esqr. Rcvd. John Lathrop D D Revd. Peter Thacher Revd. 
John Clarke Doctor Thomas Welsh Aaron Dexter M D 
& Mr. Nathaniel Batch together with all those who now^ 
are, and such others who shall become members thereof 
be, and they are hereby erected into and made a body 
politick corporate forever by the name of the Humane 
Society of the Commonwealth of Massachusetts. 

And be it further Enacted by the authority aforesaid, 
that the said Corporation are hereby declared and made corporation^to^ 
capable in law of having, holding, purchasmg and takmg 
in fee simple, or any less estate, by gift, grant, devise, or 
otherwise, any lands tenements or other estate real and 
personal ; (Provided that the annual income of the said ^'°''''°- 
real and personal estate shall not exceed the sum o^ fou^ 
thousand pounds) and also to sell, alien, devise or dispose 
of the same estate real and personal, not using the same 
in trade or commerce. 

And be it further enacted by the authority aforesaid, 
that the said Corporation shall have full power and author- Their powers. 
ity to make, have and use a common Seal, and the same to 
break, alter & renew at pleasure ; That it shall be capable 
in law to sue & be sued, plead and be impleaded, answer 
and be answered unto, defend and be defended in all 
Courts of record or other Courts or places whatsoever, in 
all actions real personal and mixed, and to do and execute 
all and singular other matters & things, that to them shall 
and may appertain to do. 

A7id be it further enacted by the authority aforesaid, 
that the said Corporation may make, establish & put in -To|f ^^^^ 
execution such laws and regulations as may be necessary 
to the Government of said Corporation, Provided the same 
shall in no case be repugnant to the laws and Constitution 
of this State ; And for the well governing of the said -ZlrT'''''' 
Corporation & the ordering their affairs, they shall have 
such officers as they shall hereafter from time to time elect 



26 



Acts, 1790. — Chapter 20. 



- Iiistitutiou. 



TTon. Thomas 
RuBsell, Esq. 
empowered to 
call a meeting. 



Act Buspended 
in certain cases 



and appoint ; and such officers as shall be desijrnated by 
the laws and regulations of the said Corporation for the 
purpose, shall be capable of exercising such power for the 
well governing and ordering the affairs of the said Corpo- 
ration, and calling and holding such occasional meetincrs 
for that purpose, as shall ])e fixed and determined by the 
said laws and regulations. 

And be it farther enacted by the authority aforesaid, 
that the end and design of the institution of the said Soci- 
ety, is for the recovery of persons who meet with such 
accidents as produce in them the appearance of death, and 
for promoting the cause of humanity by pursuing such 
means from time to time, as shall have for their object the 
preservation of human life, and the alleviation of its mis- 
eries. 

Arid be it farther enacted, that the place where the first 
meeting of the said Society shall be held, shall be the 
town oi Boston; and that the honorable Thomas Russell 
esqr.be, and he hereby is authorized & empowered to fix 
the time for holding the said meeting, and to notify the 
same to the members of the said Society by causing the 
same to be published in one of the Boston news papers 
fourteen days before the time fixed on for holdino- the 
said meeting. February 23, 1 791, 



1790. — Chapter 20. 

[January Session, ch. 5.] 
AN ACT TO SUSPEND IN CERTAIN CA.SES, THE OPERATION OF 
AN ACT PASSED ON THE THIRTEENTH DAY OF FEBRUARY 
ANNO DOMINI, ONE THOUSAND SEVEN HUNDRED & EIGHTY 
SEVEN, ENTITLED, "AN ACT FOR THE LIMITATION OF PER- 
SONAL ACTIONS & FOR AVOIDING SUITS AT LAW." 

Whereas the operation of the said Act for the limitation 
of personal Actions Sfor avoiding suits at Law, may defeat 
of their just demands many Creditors, unless a longer time 
is allowed for commencing & suing certain Actions therein 
mentioned, than is provided by said Act. 

Be it enacted by the Senate & House of Representatives 
in General Goxirt Assembled & by the authority of the 
same, that the said Act passed on the said thirteenth day 
of February, shall be so far suspended, that all Actions 
of Account, & all Actions of Debt, & upon the case, for 
or upon any promise, lending or contract, which by the 



Acts, 1790. — Chapter 21. 27 

said Act are limited 80 as they cannot be commenced & 
sued after the first day of June next, shall & may be 
commenced & sued within the term of two years next after 
the first day of June aforesaid, any thing in the said Act 
passed on the thirteenth day of February aforesaid to the 
contrary hereof notwithstanding. 

And be it Enacted by the authority aforesaid, that the towu oierks. 
Secretary shall forthwith cause this Act, to be printed & 
sent to the Clerk of each town & District in this Common- 
wealth ; & such Clerks are hereby required to cause the said -ti^eir duty. 
Act respecting the limitation of personal Actions & this 
Act to be publickly read at the opening of the Annual 
Meetings of the said Towns or Districts for the choice of 
Town or District Officers, & also at their annual Meet- 
ings respectively for the choice of Representatives, until 
the expiration of two years from the said first day of June 
next. February 23, 1791. 



1790. — Chapter 21. 

[January Session, ch. 6.] 
AN ACT TO SET OFF THE NORTHWESTWARDLY CORNER OF 
FRAMINGHAM IN THE COUNTY OF MIDDLESEX, AND TO 
ANNEX THE SAME TO THE TOWN OF MARLBOROUGH 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 lands herein after described, {viz) all J^^l^J^^'^^' 
the lands 1)elonging to Framingham lying west of a Ime ^n^°«^^d^\°g,^ 
Ijeginning at the northwesterly corner of Framingham on 
Sudbury \me, thence running southerly as the line now 
runs between Sudbury and Framingham to the southwest- 
erly corner of Sudbury, thence southerly a straight line 
to the southeasterly corner oi Marlborough, with all the 
inhabitants now living on the said lands {viz) Jonathan 
Roberson and his wife, and Patience his daughter, and 
Mary Broivn his grand daughter, the widow of Amos 
Da7-ling and Amos^So Daniel her children, Jonas Darling 
and his wife, William, Ethan, Justin, Darius & Lydia 
their children, be and they are hereby set ofi:' from the town 
of Framinqham and annexed to the town of Marlborough, 
and shall forever hereafter be considered as making part 
of the same. 

Provided nevertheless, that the said lands with the in- Proviso. 
habitants thereon, shall be still holden to pay their pro- 



28 



Acts, 1790. — Chapters 22, 23. 



Inspectors to 
be sworn. 



Forfeiture ia 
case of neglect. 



portionable part of all taxes already assessed upon them 
by the town of Framingham, in like manner as thouo-h 
this Act had never been made ; and shall also pay their 
proportionable part of all State taxes previous to another 



general valuation being established 



February 23, 1791. 



1790. — Chapter 33. 

[January Session, oh. 7.] 
AN ACT FOR THE MORE EFFECTUAL CARRYING INTO EXECU- 
TION THE LAWS REGULATING THE ALEWIVE FISHERY IN 
MATTEPOISET RIVER IN THE TOWN OF ROCHESTER. 

_ Be it enacted by the Senate and House of Bepresenta- 
tives in General Court assembled and by the authority of 
the same, that each & every person who according to law 
shall be chosen an inspector of Mattepoiset river shall 
within six days after his being notified by a Constable of 
the town oi Bochester of his being so chosen, take the fol- 
lowing oath before the clerk of said town or some Justice 
of the peace for the County of Plimouth, viz: 

YO U A. B. being chosen an inspector of Mattepoiset 
river for the year ensuing, DO SWEAR, that you luill 
prosecute all breaches of the laws for the regulating the ale- 
iDive fishery in said river the year ensuing, ivhich shall 
come to your knoivledge. So help you GOD. 

And be it further enacted, that if any person who shall 
be chosen an inspector of said river, as aforesaid, shall 
neglect to take said oath for the space of six days after he 
is notified of his being so chosen as aforesaid, he shall for- 
feit to the use of the said town of Rochester thirty shillings 
to be recovered by the Treasurer of said town, in an action 
of debt in any court proper to try the same. 

February 23, 1791. 



1790. — Chapter 33. 

[January Session, ch. 9.] 

AN ACT TO INCORPORATE THE PLANTATION OF KENDUSKEE 
INTO A TOWN BY THE NAME OF BANGOR. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
^orpomted. ^^*6 'l^^^^f^ that the following described tract of land, viz — 
Beginning at a stake and stones on the bank of Penobscot 



Acts, 1790. — Chapter 24. 29 

river- on the westerly side thereof, near Simon Orosbj/s, Boundaries. 
and at the corner of township number one in the first 
range, thence running northwest about two hundred rods 
to a small birch tree, then west on the north line of num- 
ber one first range two miles and an half to a poplar tree, 
then north by number two in the second range six miles to 
a poplar tree, thence east six miles to a large white pine 
tree standing in a great bog, thence south thirty three 
degrees east "three miles and an half to a small poplar on 
the bank of Penobscot river, then down the said river to 
the first mentioned bounds, together with the inhabitants 
thereon be and they are hereby incorporated into a town by 
the name oi: Bangor, and the said town is hereby invested 
with all the powers, privileges and immunities which other 
towns in this Commonwealth do or may enjoy by law. 

And be it further enacted by the authoritij aforesaid, 
that Jonathan Eddy Esqr. be and he is hereby empow- Jona-Eddy^Esq. 
ered and required to issue his warrant directed to some caii a meeting. 
suitable inhabitant of the said Bangor, to meet at some con- 
venient time & place to chuse all such Officers as towns 
are by law required to chuse in the month of March or 
April annually. February 25, 1791. 



1790. — Chapter 34. 

[January Session, cli. 10.] 
AN ACT SETTING OFF PART OF THE COUNTY OF HANCOCK & 
ANNEXING IT TO THE COUNTY OF LINCOLN. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled (& by the authority of the 
same, that all the land contained within the following Boundaries. 
bounds, namely, heghming at Little Buck Trap, so called, 
thence running northwesterly on the northeasterly line 
of the town of Cainbden to the northerly corner of said 
Cambden, thence continuing on the same course with the 
northeasterly line of said Cambden until it intersects the 
dividing line between the Counties of Lincoln and Han- 
cock, thence running southerly to Union, thence south- 
easterly on the east line of Union, Warren & Thomastown 
to Penobscot Bay, thence northerly by said Bay to Little 
Duck Trap the first mentioned bound, with all the Inhal> l^J^^l^^^ll\f 
itants thereon, shall be, and hereby are set oft' from the Lincoln co. 
County of Hancock and annexed to the County of Lhi- 
coln : — 



30 



Acts, 1790. — Chapter 25. 



Provided nevertheless, that there shall be the same 
proceedings and doings with respect to all actions and 
suits commenced or which may be commenced, & all 
crimes committed or which may be committed, and all 
assessments made, before the first day oi May next which 
would have been had if this Act had not passed. 

And it is further enacted that the foregoing Act shall 
be in force from and after the first day of May next. 

March 3, 1791. 



Hallowell 
Academy. 



1790.— Chapter 25. 

[January Session, ch. 11.] 

AN ACT TO ESTABLISH AN ACADEMY IN THE TOWN OF HAL- 
LOWELL BY THE NAME OF HALLOWELL ACADEMY. 

Whereas the encouragement of literature among the rising 
generation, has ever been considered by the wise & good, 
as an object ivorthy of the most serious attention, as the 
safety and happiness of a free j^&ople idtimately depend 
upon the advantages arising from a pious, virtuous, and 
liberal education; And Whereas it appears from a petition 
of a large number of inhabitants in the County of Lincoln, 
that a sum of money has been generously subscribed by a 
mwiber of the inhabitants of the town of Hallowell & its 
vicinity, toivards erecting a public building for the purpose 
of an Academy in said town; and that such an institution, 
besides encowaging the inter-ests of literature and the sci- 
ences and diffusing useful knowledge in that part of the 
Country, may otherwise essentially promote the interest of 
the Commonwealth : 

Be it therefore Enacted by the Senate & House of Repre- 
sentatives in General Court assembled (& by the authority of 
the same, that there be, and hereby is established in the 
town of Hallowell in the County oi Lincoln, an Academy by 
the name of Halloivell Acadetny, for the purpose of promot- 
ing true piety and virtue & for the education of j^outh in 
the English, Latin, Greek & French languages, together 
with writing, arithmetic, and the art of speaking ; also 
practical geometry, logic, philosophy & geography, & 
such other of the liberal arts and sciences, or languages, 
as opportunity may hereafter permit, and as the Trustees 
herein after provided, shall direct. 

And be it further enacted by the authority aforesaid, 
that the honorable Thomas Rice, the honorable Jonathan 



Acts, 1790. — Chapter 25. 31 

Bowman, the honorable Nathaniel Thwing, the honorable 
Dummer Sewall, the honorable Daniel Cony, the honor- 
able Waterman Thomas, the honorable William LitJigow 
junr Esquires, Revd. Josiah Winship Revel. Alexander 
M" Lean, William Brooks A. M. Henry Dearborn, Charles 
Vaughan, Sa7nuel Dutton, Henry Sewall, Edmund Bridge, 
Williatn Howard, Robert Page & Samuel Nichols Esqrs. 
Nathaniel Dummer & James Garr Gentlemen be, and 
they hereby are nominated & appointed trustees of the 
said Academy, & they are herel)y incorporated into a body 
politic, by the name of the Trustees of Hallowell Academy; 
and they & their successors shall be, and continue a body 
politic and corporate, by the same name forever. 

And be it further enacted by the authority aforesaid, 
that all the lands and monies heretofore subscribed or Property to be 
which may hereafter be subscribed, which by a legal Ti^u^ees.'^^ 
instrument hereafter made, shall be given, granted &, 
assigned by the subscribers unto the Trustees of Halloivell 
Academy, shall he confirmed to the said Trustees and to 
their successors in that trust forever, for the uses & pur- 
poses, and upon the trust, which in the said instruments 
shall be expressed : And the Trustees aforesaid, their 
successors, & the Officers of said Academy are hereby 
required in conducting the concerns thereof, and in all 
matters relating thereto, to regulate themselves conform- 
ably to the true design & intention of this Institution. 

And be it further Bnacted by the authority aforesaid, 
that the said Trustees and their successors shall have one seai. 
common seal which they may make use of in any cause or 
business that relates to the said office of Trustees of the 
said Academy & they shall have power and authority to 
break, change & renevv^ the said seal from time to time, 
as they shall see fit, and they may sue and be sued in all 
actions real personal & mixed, and prosecute & defend the 
same unto final judgment & execution by the name of the 
Trustees of Hallowell Academy. 

And be it further enacted by the authority aforesaid, 
that the said Thomas Rice esqr & others the Trustees Their powers. 
aforesaid and their survivors & successors shall from time 
to time have full power and authority to elect a Presi- 
dent, Vice President & Treasurer, a Preceptor, and all 
such other Officers of the said Academy as they shall 
judge necessary and convenient, & to make & ordain such 
laws, orders, and rules for the good government of the 



32 



Acts, 1790. — Chapter 25. 



Their number. 



Vacancies 
Bupplied, 



Qualified to 
receive benefits. 



said Academy, as to them the said Trustees and their suc- 
cessors shall from time to time, according to the various 
occasions and circumstances seem most fit and requisite, 
all of which shall be observed by the Officers, Schollars 
and Servants of the said Academy upon the penalties 
therein contained : 

Provided nevertheless, that the said rules, laws and 
orders be no ways contrary to the laws of this Common- 
wealth : And Provided also that the said rules or orders 
shall not grant or establish to the said Trustees their 
heirs or successors any peculiar or exclusive advantages 
to be enjoyed by them or their assigns from the funds of 
the said Academy. 

And be it further Enacted by the authority aforesaid, 
that the number of the Trustees aforesaid and their suc- 
cessors shall not at any one time be more than twenty one 
nor less than twelve, a major part of whom shall consti- 
tute a quorum for transacting business, and a major part 
of the nieml:>ers present at any legal meeting shall decide 
all questions that shall come before them, except in the 
instance herein after mentioned ; and that a major part 
shall consist of men who are not inhabitants of the town 
where the Seminary is or may be situate. 

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 Trustees of the said 
Hallowell Academy shall die or resign or in the judg- 
ment of the major part of the other Trustees, be rendered 
by age or otherwise incapable of, or unfit for discharging 
the duties of his office, then and so often the Trustees 
then surviving or remaining, shall elect one or more per- 
son or4oersons to supply the vacancy or vacancies. 

Be it further enacted by the authority aforesaid, that the 
Trustees aforesaid and their successors be, & they hereby 
are rendered capable in law to take and receive by gift, 
grant, devise, bequest or otherwise any lands tenements 
or other estate real & personal : Provided that the annual 
income of the said real estate shall not exceed the sum of 
five hundred pounds, and the annual income of the per- 
sonal estate shall not exceed the sum of two thousand 
pounds, both sums to be valued in silver at the rate of 
six shillings and eight ^jence the ounce, to have and to 
hold the same to them the said Trustees & their succes- 
sors forever : 



Acts, 1790. — Chapter 25a. 33 

Provided ahvays, that neither the said Trustees nor their Proviso, 
successors shall ever receive any grant or donation, the 
condition whereof shall require them or any others con- 
cerned, to act in any respect counter to the design of 
this Institution : And all deeds & instruments which the 
said Trustees may lawfully make, shall, when made in the 
name of the said Trustees and signed and delivered by the 
Treasurer & sealed with the common Seal, bind the said 
Trustees and their successors, and be valid in law. 

And he it farther enacted hy the authority aforesaid^ 
that if it shall hereafter be judged upon mature & impar — Empowered 
tial consideration of all circumstances by two thirds of all semlJTry^in''^ 
the Trustees, that for good and substantial reasons which ''^^^• 
at this time do not exist, the true design of this Institu- 
tion will be better promoted by removing the Seminary 
from the place where it is founded, in that case, it shall 
be in the power of the said Trustees to remove it accord- 
ingly and to establish it at such place within the said 
County of Lincoln as they shall judge to be best calcu- 
lated for carrying into effectual execution the intention 
and true design of this Institution. 

And he it further enacted that Daniel Cony Esquire be, ^e"°'em^°°^' 
and he hereby is authorized & empowered to fix the time powered, 
and place for holding the first meeting of the said Trus- 
tees, and to certify them thereof. March 5, 1791. 

1790. -Chapter 35a.* 

[January Session.] 

AN ACT FOR APPORTIONING &. ASSESSING A TAX OF TWENTY 
FIVE THOUSAND THREE HUNDRED & SIXTY FIVE POUNDS 
TWO SHILLINGS & SEVEN PENCE, TO ANSWER THE EXI- 
GENCIES OF GOVERNMENT; & ALSO FOUR THOUSAND ONE 
HUNDRED & ELEVEN POUNDS FOURTEEN SHILLINGS TO 
REPLACE THE SAME SUM DRAWN OUT OF THE TREASURY 
TO PAY THE MEMBERS OF THE HOUSE OF REPRESENTATIVES 
FOR THEIR ATTENDANCE THE THREE LAST SESSIONS OF THE 
GENERAL COURT; ALSO FOR ASSESSING A FURTHER SUM 
OF ELEVEN POUNDS FOURTEEN SHILLINGS SET TO THE 
TOWN OF BOWDOIN, & THE SUM OF THIRTY SIX POUNDS 
NINETEEN SHILLINGS & EIGHT PENCE, SET ON LANDS OF 
THE HEIRS AND ASSIGNS OF THE LATE BRIGADIER WALDO. 

Whereas it has become, necessary in order to answer the 
exigencies of Government, that the Treasury of this Com- 

* Not printed in session pamphlet. 



34 Acts, 1790. — Chapter 2oa. 

monwealth should be supplied with the sum. of Twenty 
Jive thousand three hundred S sixty Jive pounds two shil- 
lings & seven pence. 

Be it therefore Enacted by the Senate & House of 
Representatives in General Court assembled & by the 
authority of the same, That each town, district & plan- 
tation & other place herein after named within this Com- 
monwealth, shall be assessed & pay the several sums 
with which they stand respectively charged in the follow- 
ing Schedule. Viz. 



Acts, 1790. — Chapter 25a. 



35 



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Acts, 1790. — Chapter 25a. 51 

And be it further Unacted 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 them, l)elonging 
to no other town or place, provided such places were 
returned in the last valuation, (including Negroes, Mulat- 
toes, and such of them as are under the government 
of a Master or Mistress, to be taxed to such Master or 
Mistress respectively, in the same manner as Minors and 
Ap})rentices are taxed) at one shilling and nine pence each ; 
and 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 within the said town or place, improved or not 
improved, and on the non-resident possessors of real 
estate lying within the said town or place in their own 
right, or right of others, improved or unimproved, saving 
all agreements between landlords & tenants, and where no 
agreement is, the landlord to reimburse one half the tax ; 
and also on the inhabitants of such town or place, and 
other persons possessing estate within the same, according 
to the proportion of the amount of the just value of their 
personal 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, and by an 
Act of Government expressly exempted from taxation) 
monies of all kinds on hand, and also the just amount of 
the value of all goods, wares & merchandize, stock in 
trade, vessels of all sorts at home or abroad, with their 
stores, appurtenances and appendages, plate, horses, oxen 
and cattle of all kinds and ages, swine and grain of all 
sorts, and all kinds of the produce of the land, & all 



52 Acts, 1790. — Chapter 25a. 

other property of what khid soever (excepting sheep, 
household furniture, wearing apparel, farming utensils and 
tools of Mechanicks) on the first day of May next: And 
the Assessors of the respective 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 the}^ are (excepting unimproved lands, which 
shall be estimated at two per cent.) and on the amount of 
the incomes of the inhabitants within their respective pre- 
cincts as aforesaid, from any profession, faculty, handi- 
craft, trade or employment, or gained by trading by land 
or sea. And the Treasurer in his said warrants, shall 
likewise require the said Assessors respectively, to make 
a fair list of such assessment, setting forth in distinct col- 
umns, against each person's name, how" much he or she is 
assessed at for polls, how much for real estate, how much 
for personal estate, faculty and income by trade as afore- 
said ; and if as guardian, or for any estate in his or her 
improvement in trust, to be distinctly expressed ; and also 
to insert on their rate bills, the number of acres of unim- 
proved land, which they have taxed to each of the non 
resident proprietors of lands within their respective towns 
or places, and also the real value at which they have esti- 
mated the same ; And the list or lists so compleated, and 
signed by them in manner as aforesaid, or by the major 
part of them to commit to the Collector or Collectors, 
Constable or Constables of such town or place respectively, 
with a warrant or warrants in due form of law, for collect- 
ing and paying the same to the Treasurer of this Common- 
wealth, on or before the first day of January next, and to 
return a certificate of the name or names of such Collector 
or Collectors, Constable or Constables, with the sum total 
committed to them to collect, to the said Treasurer some- 
time before the first day of October next. 

And whereas there are many persons within this Com- 
monwealth, who are engaged in trade, and who almost 
entirely negociate their business and hire shops, stores or 
wharves, in other towns than where they dwell or reside, 
and whose property and ability in this regard, cannot be 
80 well known to the Assessors of the several towns 
wherein such persons dwell or reside, as to the Assessors 
of the several towns wherein their business is transacted 
as aforesaid — 

Be it therefore enacted by the authority aforesaid, that 
all such persons within the description aforesaid, shall be 



Acts, 1790. — Chapter 25a. 53 

assessed and pay taxes for such of their goods, wares, 
merchandize, stock in trade, ships and vessels as are sold, 
used, or improved in other towns than where they reside, 
in such towns, and by the Assessors thereof, and not in 
the towns where such persons dwell or reside, and 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, and in defp^ult thereof, 
shall be doomed by the Assessors respectively. Provided 
always, that this clause be not in any case so construed as 
to enable any town to tax any inhabitant of any other 
town for any estate for which such town hath been charged 
in the last valuation. 

Provided nevertheless, and be it further enacted by the 
authority aforesaid, that the following persons viz. The 
President, JProfessors, Tutors, Librarian, and the Students 
of Harvard College, who have their usual residence there 
and who enjoy no other pecuniary office or employment ; 
also settled Ministers of the Gospel, and Grammar School- 
Masters, are not to be assessed for their polls or estates, 
unless their estates be not under their actual management 
or improvement, or not in the parishes in which they are 
settled ; and also all persons who have the management or 
improvement of the estate of Harvard College are not to 
be assessed for the same, nor Indians for their polls or 
estates ; and if there be any others who by reason of age, 
infirmity or })overty, are unable to pay as others, towards 
the public charges, or any widows or orphans, who depend- 
ing on the interest of their money for subsistence, or who 
receiving pa[)er 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 and 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 farther enacted, by the authority aforesaid, 
that the Justices of the Peace at their respective sessions 
in their several Counties, when duly authorized for the 
assessment 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 Commonwealth, in making County, town or 
parish taxes, shall govern themselves by the same rule, 



54 Acts, 1790. — Chapter 25a. 

having regard to all such alterations of polls, or of prop- 
erty, 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 Representatives, shall assess such additional sum on the 
polls and estates as aforesaid, within their respective towns, 
and shall apportion the same in the proportions at which 
such polls and estates shall be respectively set for raising 
the sum of T'^enty five thousand three hundred sixty five 
pounds tivo shillings and seven 2^ence, 

And be it further enacted by the authority aforesaid, 
that the sum oi eleven pounds fourteen shillings be assessed 
upon the town of Bowdoin in the County of Lincoln, and 
the same proceedings shall be had for the levying & 
collecting the same, as herein, and by law are provided, 
respecting the tax herein granted, & to be assessed upon 
other towns. 

And be it further enacted by the authority aforesaid, 
that the further sum of thirty six pounds nineteen shillings 
and eight pence be assessed upon the lands comprehended 
within the claims of the heirs and assigns of the late Brig- 
adier Waldo, which are not liable to be taxed by virtue 
of any preceeding clause in this Act ; and the Treasurer 
of this Commonwealth, shall send his warrant to the 
Sheriff of the County of Lincoln, requiring him to collect 
the same, in the same manner as Constables or 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 pul)lic Treasury on or 
before the first day of January next. 

And whereas sundry towns in the County of Berkshire, 
have been abated in the valuation, by order of the Gen- 
eral Court, in consideration of the alterations which such 
towns have suffered by the running of the line between 
this State, and the State oi JSfew York; 

Be it therefore further enacted by the authority aforesaid, 
that the Treasurer of this Commonwealth, shall make and 
deduct those abatements in, and from the several sums 
hereby set against such towns respectively, before he shall 
issue his warrants therefor. 

And be it further enacted by the authority aforesaid, 
that the Treasurer of this Commonwealth be and he 
hereby is directed to issue his warrant to the town of 
^ivanzey, for the sum of ninety three pounds nine shillings 



Acts, 1790. — Chapter 26. 55 

and jive joence; and also to issue his warrant to the town 
of So?nerset, for the sum oi' sixty two ]}ounds four shillings 
and three j)ence — Provided nevertheless that whenever a 
settlement of the proportion to be paid l)y the aforesaid 
towns shall take place, that town which shall appear to 
be over charged by this Act, shall be refunded by the 
other of the towns beforementioned. 

And be it further enacted that the Assessors of the 
plantation of Medumcook and the Assessors of the town of 
Gushing he and they are hereby required to apportion the 
joint sums assessed on said town and plantation in the 
same proportion as the plantation of 8t. Georges (now 
Gushing) and the Plantation of Medumcooh stood in the 
last valuation, making such alteration as has taken place 
by the alteration of the bounds of said places by the Act 
incorporating the town of Gushing. 

And be it further enacted by the authority aforesaid, 
that no order shall be drawn by the Treasurer of this 
Commonwealth, on any Constable or Collector, of this 
tax, for any i)art of the same. March 5, 1791. 



l-^OO. — Chapter 26. 

[January Session, ch. 12.] 

AN ACT FOR INCORPORATING A CERTAIN PART OF THE TOWN 
OF LEE INTO A SCHOOL DISTRICT, BY THE NAME OF THE 
HOPLAND SCHOOL DISTRICT. 

Whereas it appears to this Gourt, that certain lands Preamble. 
lying in that part of the town of Lee, which formerly be- 
longed to the toivn of Great Barrington in the Gounty of 
Berkshire, were appropriated for the use <& support of 
Schools, which lands by the Act of incorporation of the 
said Town o/'Lee are reserved to the said Town o/"Lee ; 

And whereas it also appears that the said Town of Lee 
have since their being incorporated as aforesaid, relin- 
quished their right in said lands (so far as respects the 
support of Schools in the said toivn of Lee) to those 
persons who do now, and ivho may hereafter reside on the 
same lands; 

And ivhereas, in order to carry the good design of the 
appropriation aforesaid into effect, it is found necessary, 
that the persons residing on the said lands should be incor- 
porated into a School District as aforesaid; 



56 



Acts, 1790. — Chapter 26. 



Hopland School 
District in- 
corporated. 



Their powers. 



Eben. Jenkins, 
Esq. im- 
powered. 



Inhabitants 
im powered. 



Be it therefore enacted by the Senate and House of liejJ- 
resentatives in General Court assembled & hy the author- 
ity of the same, that all the inhabitants now living on the 
aforesaid lands, or that may hereafter live on the same, 
with all their estates be and they hereb}^ are incorporated 
into a School District by the name of The Hopland School 
District, in the Town of Lee as aforesaid — 

And be it further enacted by the authority aforesaid, 
that the inhabitants of the said Hopland School District 
be and they hereby are vested with all the privileges, 
powers and immunities necessary for enal)ling them to 
use & improve all the monies that have or may arise in 
consequence of the aforesaid appropriations, for the sup- 
port of a School or Schools in the said Hopland School 
District; but the said inhabitants are still to be consid- 
ered as belonging to the said town of Lee, in every 
respect, saving their being subject to be taxed to the sup- 
port of Schools in the other parts of said town. 

And be it further enacted by the authority aforesaid, 
that Ebenezer Jenkins Esqr. be & he hereby is impow- 
ered to issue his warrant directed to some one principal 
inhabitant of the District aforesaid, requiring him to warn 
a meeting of the inhabitants of the District aforesaid, qual- 
ified by law to vote in District affairs, to assemble at some 
time & place within the said Hopland School District, to 
be mentioned in the same warrant, for the purpose of chus- 
ing such Officers as may ])e necessary for transacting the 
affairs of the District aforesaid, so far as respects Schools 
only, according to the power and authority given by this 
Act ; and the said inhabitants qualified as aforesaid, being 
so assembled, shall be & they hereby are impowered to 
chuse such officers as may be necessary for the purpose 
aforesaid. 

Provided always that the inhabitants of the aforesaid 
Hopland School District, shall keep maintain and support 
within the said District, their proportionable part of all 
Schools by law hereafter required to be kept, maintained 
and supported within the aforesaid Town of Lee. 

March 7, 1791, 



Acts, 1790. — Chapters 27, 28. 57 



1790. — Chapter 37. 

[January SeBsion, ch. 13.] 

AN ACT RErEALlNG PART OF AN ACT, INTITLED, "AN ACT 
PROVIDING A SPEEDY METHOD FOR DOING JUSTICE, WHEN 
THROUGH MISTAKE EXECUTIONS ARE LEVIED ON REAL ES- 
TATE NOT BELONGING TO THE DEBTORS." 

Be it Enacted hy the Senate d- House of Representatives 
in General Court assembled & by the authority of the 
same, that the provisionary clause in said Act, declaring clause repealed. 
that no application by any Creditor shall be sustained after 
the expiration of two years from the time of extending & 
levying any Execution, through mistake, upon estate that 
did not belong to the Debtor, l)e and hereby is repealed 
and made null and void. March 7, 1791. 

1790. — Chapter 38. 

[January Session, ch. 14.] 

AN ACT IN ADDITION TO, AND TO AMEND AND EXPLAIN AN 
ACT PASSED THE SEVENTH DAY OF JULY SEVENTEEN HUN- 
DRED AND EIGHTY FOUR, INTITLED "AN ACT FOR ERECT- 
ING A DISTRICT IN THE COUNTY OF SUFFOLK BY THE NAME 
OF DOVER." 

Whereas disputes have subsisted respecting the dividing preamble. 
line betiveen the said District of Dover and the town of 
Dedham, — for the preventing of which in future, 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled & by the authority of the 
same, that the following lines, Vizt. Beginning at a cor- Boundaries. 
ner of the town of Walpole near Bubling Brook, so called, 
where it crosses Medfeld road, thence running a strait 
line to the westerly end of the House lot of J^athaniel 
Richards deceased, and by said House lot to Charles 
River, shall be forever hereafter understood perambulated 
and taken, and hereby is established to be the dividing 
line between the said town of Dedham and District of 
Dover, any thing in the said former act to the contrary 
hereof notwithstanding. 

Provided always, that this act shall not be considered Proviso, 
to aftect the collecting of taxes now assessed within said 
town and District, but the same shall be demanded & col- 
lected in the same manner as though this act had never 
passed, March 7, 1791, 



58 



Acts, 1790. — Chapters 29, 30. 



Times 

appointed for 
catching Fish. 



Penally. 



1790. — Chapter 39. 

[January Session, eh. 15.] 

AN ACT FOR REGULATING THE FISHERY IN CONNECTICUT 
RIVER. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that no person or persons shall between the 
fifteenth clay of March and the fifteenth day of June in 
any year, set or draw any sein or seins or any other ma- 
chine for the purpose of catching fish in Connecticut river 
or in any river or stream falling into the same, from the 
rising of the Sun on Saturday morning until the rising of 
the Sun on Tuesday morning : And every person that 
shall be convicted of any breach of this Act, shall forfeit 
the sum oi ten pounds, and also the value of the seine and 
other machines or utensils used in fishing as aforesaid, to 
be recovered by any person who shall sue for the same 
before any Court having jurisdiction thereof. And all 
Acts heretofore made for regulating the fishery in the 
rivers & streams aforesaid, are hereby repealed. 

March 7, 1791. 



Time and 
boundaries of 
restrictions. 



Penalty. 



1-790. — Chapter 30. 

[January Session, ch. 16.] 

AN ACT TO PREVENT DAMAGE BEING DONE TO THE BEACH AND 
MEADOWS ON THE SOUTH SIDE OF THE TOWN OF EDGAR- 
TON, IN THE COUNTY OF DUKES COUNTY & TO THE CREEKS 
ADJOINING THERETO, BY CATTLE, SHEEP AND HORSES PASS- 
ING OVER THE SAME; AND FOR PRESERVING THE FISH IN 
THE SAID CREEKS. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that from and after the passing this Act, it shall 
not be lawfull for any person whatever to turn out, feed, 
or let run at large any neat Cattle, Sheep or Horse kind 
upon said Beach or Meadow eastward of a south direction 
from the point of land, called JoVs JSfeck to a place, called 
Waqua point, from the fifteenth day of April to the tenth 
day of October annually, upon the penalty, for each offence 
of three shillings a head for all neat Cattle and Horse kind, 
and six pence a head for all Sheep, so turned out, fed or 
let run at large on the Beach or Meadow aforesivid, to be 



Acts, 1790. — Chapter 31. 59 

sued for and recovered by any proprietor of said Beach 
Meadow or Creeks, before any Justice of the Peace within 
and for the County aforesaid, by action of debt to the sole 
use and benefit of the person who shall make complaint 
thereof & prosecute for the same : 

Provided nevertheless, that if any agent or agents ap- Provisos, 
pointed by the proprietors aforesaid, shall prosecute, and 
recover any penalties incurred by this Act, the penalties 
so recovered shall be for the use and benefit of said Propri- 
etors : Provided also, that the proprietors and owners of 
the said Beach, Meadow and Creeks, and the land adjoin- 
ing said Beach, shall be held to maintain and keep in usual 
repair, the fence from sho7't neck, so called, to a place 
called MattaJcessett Bay. 

And whereas the opening a small pond, called the Oyster 
pond, in the town aforesaid^ in certain seasons of the year 
is found prejudicial to the fisheries in said Creeks; 

Be it enacted by the authority aforesaid, that if any per- 
son or persons whatever from and after the passing this 
Act shall presume to dig, or make any opening from the 
said Oyster pond into the Sea, from the tenth day of 
March to the twenty fifth day of April annually, each, 
and every person so ofi'ending shall forfeit and pay a sum 
not less than three pounds, nor more than fifteen jyoimds, 
to be sued for and recovered in any Court proper to try 
the same, in the County aforesaid ; the one moiety thereof 
for the l)enGfit of the poor of said town, the other moiety 
for him or them who shall sue for, and recover the same. 

This Act to continue, and lie in force for the term of J^™ ce."*"' 
three years from the passing thereof, & no longer. 

March 7, 1791. 



1790. — Chapter 31. 

[January Session, ch. 17.] 

AN ACT FOR INCORPORATING A NUMBER OF INHABITANTS OF 
THE TOWN OF WINDHAM IN THE COUNTY OF CUMBER- 
LAND, INTO A RELIGIOUS SOCIETY. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that Ichabod Hanson, Daniel Pettingill, Jacob lolH^liX 
Elliot, Jacob Elliot Junr., Peter Bolton, Ezekiel Hanson, 
James Bolton, Joseph Hutchinson, Samuel Hutchinson, 
John Muckford, Robert Muckford, Eben Proctor, WiU 



60 



Acts, 1790. — Chapter 32. 



Joaiah 

Thatcher, Esq. 
to issue his 
warrant. 



Uam Proctor, Ridiard Shane, Samuel Hanson, William 
Hanson, Andrew Twomhly, Joseph Elder, Ezra Hanson, 
Charles Elder, Simon Lore, Moses Puttengill, Josiah 
Webb, Daniel Crockett, Richard Stevens, Robert Mil- 
lions, Jonathan Stevens, Thomas Millions, John Wind- 
ship, Richard Windship, Gersham Windship, Thomas 
Cragiie, Joshua Windship, Joseph Ghesley, Ichabod Han- 
son junior, Samuel Lord, Stephen Hutchinson, Nicholas 
Anthoine, Josiah Austin, William Mayberry, Jonathan 
Robbards & Samuel Robbards the petitioners, together 
with their families and estates, be & they hereby are in- 
corporated into a religious Society, by the name of the 
Baptist Society in the town of Windham, with all the 
privileges, powers and immunities which any parish or 
corporate religious Society in this Commonwealth is inti- 
tled to by Law. 

A7id be it further enacted by the authority aforesaid, 
that Josiah Thatcher Esqr. be and he hereby is author- 
ized to issue his warrant, directed to some principal 
member of said Society, directing him to warn the mem- 
bers thereof to assemble at some suitable time and place 
in said town, to chuse such Officers as are required by law 
to be chosen by parishes in the month of March or A2:>7'il 
annually, & to transact all such matters and things as may 
be necessary and can legally be done in said Society. 

March 7, 1791. 



Persons 
incorporated. 



1790. — Chapter 32. 

[January Session, ch. 18.] 

AN ACT FOR INCORPORATING A NUMBER OF THE INHABITANTS 
OF THE TOAVN OF GORHAM IN THE COUNTY OF CUMBER- 
LAND INTO A DISTINCT SOCIETY. 

Be it enacted by the Senate & House of Representa- 
tives in General Court assembled and by the authority of 
the same, that George Thombs, Enoch Waite, Ebenezer 
Hamblin, Nathaniel Stevens, Daniel Mann, Samuel 
Crocket ^unv., Charles Thombs, Lemuel Hicks, Barnabas 
Bangs junr. Thomas Bangs, William Burton, Gershom 
Hamblin, Isaac Elder, Nathaniel Freeman, Samuel 
Thombs, Andrew Cobb, Barnabas Bangs, William File, 
Elisha Strout, George Hamblin, Jonathan Freeman, 
James McCorson, Amos Rich, James Ross, Ebenezer 
Bangs, Lemuel McCouren, John Ward, Ebenezer Cotton, 
Joel Sawyer, David Elvil Morton, Ebenezer Morton^ 



Acts, 1790. — Chapter 33. 61 

James Morton, Nathan Hanscum, Christopher Plumer, 
Isaac Irish, Isaac Plumer, John IJaskel junr , Reuben 
Libbee, Edward Webb, Joseph Hodgdon, John Lombard, 
John Oarsley, John Carsley junr. Thomas Bolton Jere- 
miah Clement, William Bolton, Daniel Gammon, Wil- 
liam Lakeman, Ephraim Crocket, Pelatiah Crocket, 
Thomas Paine, Benjamin Cate, James Mcintosh, Reuben 
Elder, Benjamin Chamberlain, Ebenezer Cobb, Samuel 
Elder, Samuel Warren, Micah Whitney, James Gilkey, 
Hart Williams, &, Jonathan Crocket members of the said 
religious Society, together with their families and estates 
be, and they hereby are incorporated by the name of the 
Baptist reliijious Society of Gorham, with all the privi- 
ledges powers & imnuinities to which other parishes in the 
Commonwealth are l\y law entitled. 

And be it farther enacted that every person in the town Method of pro- 
of Gorham, who shall at any time hereafter actually be- tolse'^conBiderld 
come a member of, and unite in religious worship with any tnembers. 
Society in said town, and give in his or her name to the 
Selectmen of the town with a Certificate signed by the 
minister of the Society to which he or she is so united, 
purporting that the same person is a member of, and 
unites in religious worship with such Society, fourteen 
days previous to the town meeting therein to be held 
in the month of March or A^jril annually, shall from and 
after such meeting, with his or her families and estates 
be considered a member of such Society. 

And be it further enacted, that Josiah Thacher Esqr. josiah 
be, and he is hereby authorised to issue his Warrant di- JoimnJhfa^"^' 
rected to some principal member of the said Society, wmrant. 
requiring him to warn the members of the said Society 
qualified to vote in parish affairs, to assemble at some 
suitable time & place in said town, to chuse such parish 
Officers, as are by law required to be chosen in the month 
of March or April annually, & to transact all such matters 
and things as are necessary, and may legally be done in 
said Society. March 7, 1791. 

1790. — Chapter 33. 

[January Session, ch. 19.] 

AN ACT FOR INCORPORATING THE MEMBERS OF THE EPISCO- 
PAL CHURCH IN THE TOWN OF PORTLAND INTO A RELIG- 
IOUS SOCIETY. 

Whereas a number of persons in the town o/' Portland Preamble. 
who belong to the Episcojml Church in said toivn, have 



62 



Acts, 1790. — Chapter 33. 



Persona in- 
corporated. 



Wardens and 

Vestry 

empowered. 



Daniel Davis, 
Esq. to issue 
bis warrant. 



petitioned this Court to he incorporated into a religious 
Society for the purpose of carrying on the public worship 
o/"GoD in said place, according to the Episcopal form & 
faith, and for other purposes mentioned in their petition, 
and it appearing reasonable to this Court that the prayer 
thereof should he granted. 

Be it therefore enacted hy the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that John Waite, John Thorlo, 
Nathaniel Fadre Fosdick, James Fosdich, Alexander 
Motley, Francis Waite, Thomas Oxnaj'd, Shirley Erving, 
Stephen Deblois, JVathaniel Coffin, John Rudherg, Samuel 
Waite, William Waite, John Merrill, Joshua Rogers, 
Stephen Waite, Thomas Waite, Thomas Motley, Willia^n 
Tate, Geo7r/e Tate, Edumrd Oxnard, Joseph Riggs]w\\\QX, 
Thomas Fosdick, Benjamin Waite, junior, Johii WJieel- 
ivright Greaton, John Baker ]wi\v. Benjamin Waite, Thomas 
Robison, John Kent, Samuel Tate, David Braddish, 
John Lowther, Alford Butler, Peter Warren, John 
Tliorlo ]\\x\v . , Pelatiah Furnald, Samuel Mountford, Jere- 
miah Coffin, John Bailey, James Corry and Samuel 
Mountford junior tlie petitioners and members of said 
Episcopal Societ}^, together with their polls & estates be 
and they are hereby incorporated into a religious Society 
by the name of the Episcopal Church in the toivn of 
Portland, with all the privileges powers and immunities 
which any parish or corporate religious Society in this 
Commonwealth is intitled to, hy the laws and Constitu- 
tion thereof. 

And he it further enacted by the autJiority aforesaid, 
that the Wardens & Vestry of said Church, and their 
successors in said office, be and they are hereby authorized 
& empowered to make sale and dispose of any land tene- 
ments or hereditaments l)elonging to said Church, to any 
person who may wish to purchase the same, in fee simple, 
and to make and execute good & sufficient deeds in law 
of the same, and to lease or otherwise dispose of the same 
in the name & behalf of the proprietors of said Church as 
to them shall seem necessary, agreeably & in conformity 
to the votes of the proprietors of said Church. 

And be it further enacted by the authority aforesaid, 
that Daniel Davis Esqr. be and he is hereby authorized 
to issue his warrant directed to some principal member of 
said Church, requiring him to warn the members of said 
Church and Society to meet at some suitable time and 



Acts, 1790. — Chapter 34. 63 

place in said town, to.chuse such Officers or Committee 
as the said Society may deem necessary for governing the 
religious and secular concerns thereof, and to transact all 
matters and things necessary and Avhich may legally be 
done in the said Society. March 7, 1791. 

1790. — Chapter 34. 

[January Session, ch. 20.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS IN 
THE TOWN OF TAUNTON, INTO A PARISH BY THE NAME OF 
THE FIRST CONGREGATIONAL SOCIETY IN THE TOWN OF 
TAUNTON. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that the congregational inhaljitants within the society 
town of Taunton in the County of Bristol, who usually '°'=°'PO'-^t«d. 
attend the public worship of God in the old meeting- 
house, so called, in said town, be, and they are hereby 
inc[o]rporated into a parish, by the name of the First 
congregational Society in the town of Taunton, with all the 
priviledges and immunities, exercised by other and similar 
Societies and Corporations within this Commonwealth. 

And in order to prevent and remove any doubts or dis- 
putes, which may hereafter arise, in distinguishing who do 
belong to, and are taxable, to the support of the ministry, 
in said Society ; 

Be it farther enacted by the authority aforesaid, that it Method of pro- 
shall and may be lawful for said Societ}^, (if they shall to become ""^ ^^ 
think proper) by a major vote, in a legal meeting to be '"«™'^'^'"*- 
Avarned for that purpose to make it requisite, for those 
Avho are inclined to belong to the same Society, to lodge 
their names with the Clerk of the said Society, who shall 
enter the same in a Book to be kept for that })urpose ; & 
all persons who shall cause their names to be entered as 
aforesaid, shall be held, deemed, & taken to belong to 
said Society & liable to pay their proportion of all taxes, 
that shall be assessed on them, in either of the ways pro- 
vided by this Act, untill they shall signify their intentions 
of leaving said Society to the Clerk thereof, in writing, 
declaring such their intentions, and shall also lodge a 
certificate with the said Clerk, signed by the Clerk of 
some other religious Society of a different denomination, 
setting forth, that they have actually joined the last 
mentioned Society, and become members thereof. 



64 



Acts, 1790. — Chapter 35. 



Method of 
making provi- 
sional support. 



Society 
empowered 
respecting their 
estate. 



George Godfrey 
& Apollos 
Leonard, Esqrs. 
to issue 
warrant. 



Provided nevertheless, that if any person who shall be 
assessed in any tax, agreed upon by said Society, for 
the support of the minister thereof, and other incidental 
charges shall not, previous to the granting said tax, declal'e 
his intentions of leaving said Society, in the way & man- 
ner herein before prescribed, he shall be held to pay the 
same, notwithstanding he shall signify his intentions of 
leaving the same Society after said tax is granted, &, 
prior to the collection thereof. 

And be it farther enacted by the authority aforesaid, that 
it shall and may be lawful for said congregational Society 
to raise money by taxing the pews in any meeting house 
where the said Society shall meet for public worship, for 
the support of their Minister, and such other expences as 
they shall think necessary, whenever a majority of the 
pew-holders, together with a majority of those who are 
not pew-holders, belonging to said Society, by a major 
vote, shall deem it expedient, and do agree to the same. 

Arid be it farther enacted by the authority aforesaid, 
that the members of said congregational Society, are 
hereby authorized and empowered to take into possession, 
all the lands, or other estate, that by any way or means 
doth belong to said Society ; and to dispose of the use or 
income of the same, in any way, for the use of said 
Society, as shall by them be judged most conducive to 
the interest and benefit of the same. 

And be it farther enacted that George Godfrey & 
Apollos Leonard Esqrs. or either of them are hereby 
empowered and directed to issue his or their AVarrant to 
some principal member of said Society, requiring him to 
warn the members thereof, to meet at such time and place 
as shall be therein set forth, to chuse all such Officers as 
are necessary for transacting the business of said Society. 

March 8, 1191. 



1790. — Chapter 35. 

[January Session, ch. 21.] 

AN ACT APPOINTING COMMISSIONERS. ON THE PART OF THIS 
COMMONWEALTH, FOR ASCERTAINING THE BOUNDARY LINE 
BETWEEN THIS COMMONWEALTH & THE STATE OF CON- 
NECTICUT. 

WJiereas it is represented to the General Court of this 
Commonwealth, that contentions tfi disputes have arisen 



Acts, 1790. — Chapter 35. 65 

between some of the citizens of this Commonwealth & those 
of the State of Connecticut, resjjecting the boundary/ Line 
between this Commonwealth and such State; To j^revent 
ivhich in future, and to promote harmony and affection 
between the citizens of the two respective States; 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled <& by the authority of the 
same, that the Honorable Joh)i Worthington, JSTathaniel g°'^^\gd**""^ 
Gorham and Samuel Lyman Esquires be, & tliey hereby 
are appointed Commissioners on the part of this Common- 
wealth, for ascertaining the boundary Line lietween the 
same and the State of Connecticut; and the said Commis- —Their 
sioners are hereby authorized and empowered to meet p"*^*"^^- 
such Commissioners as may be appointed, and vested with 
similar powers for the purpose aforesaid, by the Legislature 
of the State of Connecticut, and, in conjunction with them, 
to ascertain, run, and mark such boundary Line : And the 
Commissioners hereby appointed, on the part of this Com- 
monwealth, are authorized and empowered to agree upon 
such principles respecting the running of the said Line as, 
from the best documents they can obtain, may appear to 
them just and reasonable ; which Line, when so ascertained, 
forever afterwards, shall be considered and held to be the 
just and true boundary Line of jurisdiction l)etween this 
Couunonwealth and the said State of Connecticut. And 
the Commissioners hereby appointed on the part of this 
Commonwealth are authorized to employ such Surveyors 
& Chain-bearers as they may think proper to assist in duly 
ascertaining the Line aforesaid ; and such the said Com- 
missioners, prior to their entering into the business herein 
assigned them, shall receive a Commission from the Gov- 
ernor, under the Seal of this Commonwealth, agreeable to 
the powers with which they are vested by this Act. 

And be it further enacted by the autJiority aforesaid, 
that the Governor of this Commonwealth be, and he copy of this 
hereby is, requested to transmit a copy oi this Act to transmitted. 
the Governor of Connecticut, that the same may be dul}^ 
communicated to the Legislature of that State, in order 
that measures may be taken on the part of such State 
for ascertaining the bounds aforesaid. March 8, 1791. 



m 



Acts, 1790. — Chapter 36. 



appointed. 



-Their 

powers. 



1790. — Chapter 36. 

[January Session, ch. 22.] 
AN ACT APPOINTING COMMISSIONERS ON THE PART OF THIS 
COMMONWEALTH FOR ASCERTAINING THE BOUNDARY LINE 
BETWEEN THIS COMMONWEALTH AND THE STATE OF RHODE 
ISLAND. 

Preamble. W/iet'eas it ttjjpears hi/ communications received from the 

Governor of the State of Rhode Island, tJiat disputes and 
difficulties have arisen, respecting the boundary line be- 
tween this Gommonivealth and the said State of Rhode 
Island ; To prevent which in future, & to jrromote harmony 
& affection between the citizens of this Commonwealth and 
such State; 

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

Commissioners Same that the honorable Walter Spooner, Elisha May & 
David Cobb Esquires be, & they hereby are appointed 
Commissioners on the part of this Commonwealth for 
ascertaining the boundary line between the same, and such 
the said State of Rhode Island; And the said Commis- 
sioners are hereby authorized and empowered to meet such 
Commissioners as may be ap})ointed and vested with 
similar powers for the above purpose, by the Legislature 
of the State of Rhode Island, and in conjunction with 
them, to ascertain, run and mark such boundary line upon 
the principles that have heretofore been agreed upon by 
Commissioners from Great Britain, or by the respective 
Legislatures of the late Province of 3Iassachusetts Bay, 
and the Colony of Bliode Island and Providence Planta- 
tions, for that purpose appointed, if those principles can 
now be ascertained ; otherwise the said Commissioners 
on the part of this Commonwealth hereby appointed are 
authorized to agree upon such principles, touching the 
running said line, as from the best documents they can 
obtain, may appear to them just and reasonable ; —which 
line when so ascertained shall forever afterwards be con- 
sidered and held to be the true and just boundary line 
of jurisdiction between this Commonwealth and the State 
aforesaid. 

And be it enacted by the authority aforesaid, that such 
the Commissioners on the part of this Commonwealth 
hereljy appointed be, and they hereby are authorized to 
employ such Surveyors & chainmen as they may think 



Commissionerg 
to employ 
surveyors & 
chainmen. 



Acts, 1790. — Chapter 37. 67 

proper to assist in ascertaining the same line as aforesaid ; 
and such Commissioners so appointed prior to their enter- 
ing into the business herein assigned them, shall receive 
a Commission from the Governor under the Seal of this 
Commonwealth agreeable to the powers with which they 
are vested, in & by this Act. 

And be it farther enacted, that the Governor of this 
Ccmimonwealth be, and he hereby is requested to trans- 
mit a copy of this Act to the Governor of Rhode Island, 
that the same may be communicated to the Legislature 
of that State, in order that measures may be taken on the 
part of that State to carry the same into effect. 

March 5, 1791. 



1790. — Chapter 37. 

[January SeaeioD, ch. 23.] 

AN ACT FOE, REGULATING THE ALEWIVE FISHERY IN THE 
TOWN OF BRIDGWATER, IN THE COUNTY OF PLIMOUTH, & 
FOR REPEALING ALL LAWS HERETOFORE MADE FOR THAT 
PURPOSE. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled (G by the authority of 
the same, that all laws heretofore made for regulating the Laws repealed. 
Alewive fishery in said Rridgivater be and they hereby 
are repealed. 

And be it further enacted by the authority aforesaid, 
that it shall & may be lawful for the said town of Bridg- privilege of 
water, at any legal meeting of the inhabitants of said town, be''und^/the° 
to direct their Selectmen to farm out or let the privileo-e direction of the 

, i f? Selectmen. 

01 taking 6i, disposing oi said hsh, at the several wares in 
said town or either of them (for the most it will fetch) on 
the days following (yizt.) at the ware by the ioio7i mills, 
so called, on mondays, tuesdays & Wednesdays in each 
week ; at the ware by Perkins's mills, so called, on Wednes- 
days and thursdays in each week, and at the ware by 
Whitmans mills, so called, on mondays, tuesdays, Wednes- 
days & thursdays in each week, and the monies arising 
from the sale of said privilege, shall be appropriated by 
said town to such purposes & uses as the inhabitants 
thereof shall in legal town meeting from time to time 
determine. 

And be it farther enacted by the authority aforesaid, 
that if the purchaser or purchasers of said privileg-e shall, Pennity for 

. , . . , . ^ '-^ ® , purchaaers 

when in his or their power, neglect or refuse to supply refusing to 

^ ' *= ' ^ -^ supply fish. 



68 



Acts, 1790. — Chapter 37. 



Penalty for 
taking fish at 
any other time, 
than this act 
allows. 



any person or persons with said fish, who may apply 
therefor, at the rate of one shilling for a hundred of said 
fish, he or they so oflending shall for each offence forfeit 
and pay the sum of twenty shillings ; and if any person or 
persons shall ask, demand and receive more than one shil- 
ling for a hundred of said fish, and so in that proportion 
for a greater or less number, he or they so oflending shall, 
for each oflence, forfeit & pay the sum of twenty shillings. 
And be it further enacted by the authority aforesaid, 
that if the said purchaser or purchasers, or those employed 
by them shall presume to take any of said fish at any 
other time or place in said town than is in this act pro- 
vided, and if any other person or persons whatever, 
except the purchaser or purchasers of said privilege, or 
those employed by them shall presume to take or catch 
any of said fish in any of the said rivers or streams of 
said town, he or they so offending shall for each offence 
forfeit and pay a sum not exceeding sixty shillings nor 
less than five shillings at the discretion of the eTustice 
before whom the same shall l)e tried. 

Provided nevertheless, if the said town shall not farm 
out or let the privilege of taking the said fish at all the said 
wares, it shall & may be lawful for any of the inhabitants 
of said town to take any of the said fish at such ware as 
shall not be farmed out or let as aforesaid, on such days 
as are by this Act provided for taking the said fish at such 
ware. 

And be it further enacted by the authority aforesaid, 
that the said town of Bridgwater shall at their annual 
meeting in March or April choose a Committee — not 
exceeding nine nor less than three freeholders of said 
town, who shall be sworn to the faithful discharge of the 

their duties. (]uties injoiued upon them by this Act; and it shall be 
the duty of said Committee to cause the natural course 
of the rivers or streams through which the said fish pass 
to be kept open & without obstruction during the whole 
time the said fish pass up in said rivers and streams in 
each year, & to remove any such as shall be found therein, 
and to make the said passageways wider or deeper if they 

their powers. Or the uiajor part of them shall judge it necessary ; and 
the said Committee or either of them, paying a reasonable 
consideration therefor if demanded, shall have authority 
(in discharging the duties enjoined upon them or him by 
this Act) to go on the lands or meadows of any person, 



Committee to 
be chosen — 



Acts, 1790. — Chapter 37. 6i 

through which such rivers or streams run, or into any 
mill, forge, or other water works on said rivers or streams, 
without being considered as trespassers ; and any person Penalty for 
who shall molest or hinder the said Committee or either confmutee fn 
of them in the execution of the business of his or their ouhT/duty" 
office, or shall obstruct any passage way in the said rivers 
or streams, otherways than may be allowed by said Com- 
mittee, he or they so offending, shall forfeit and pay for 
every such offence a sum not exceeding forty shillings 
nor less than Ji/ve shillmr/s at the discretion of the Justice 
before whom the same shall be tried. 

Provided nevertheless that nothing in this Act shall be Proviso. 
considered as authorizing said Committee to injure the 
proprietor of any mill or water works, further than is 
necessary in order to give the fish a good & sufficient 
passage up said rivers. 

And be it further enacted, that it shall be the duty of ^eTwc'r"!''" 
said Committee to prosecute all breaches of this Act, & 
to seize and detain in their custody any net which may 
be found in the hands of any person using the same con- 
trary to the true intent and meaning of this Act, until the 
person so offending makes satisfaction for his offence or 
is legally acquitted therefrom. 

And he it further enacted by the authority aforesaid, 
that each and every person who shall be chosen on the 
Committee pursuant to this Act, shall within six days 
after his being notified 1)y a Constable of such choice, 
take the following oath, before some Justice of the peace 
for the County of Plimouth, or the Clerk of said town of 
Bridgwater, who is hereby authorized to administer the 
same ; vizt. 

" You A. B. being chosen one of the Committee to inspect o-'t^. 
the Aleioive fishery in the toivn of Bridgwater for the year 
ensuing, do solemnly swear, that you will faithfully dis- 
charge the duties of said office, S duly j^rosecute all breaches 
of the law respecting said fishery, that shall come to your 
knoioledge. So help you GOD." 

And be it further enacted, that if any person chosen Penalty. 
one of the said Committee and notified as aforesaid, shall 
neglect to take the foregoing oath for the space of six 
days after his being so notified, he shall forfeit and pay the 
sum of thirty shillings, to be recovered by action of debt 
in any Com-t proi)er to try the same, one moiety thereof 



70 



Acts, 1790. — Chapters 38, 39. 



to be applied to the use of the said town of Bridf/ivater, 
the other moiety to the person or persons who shall sue 
for the same. 
How recovered. Ami be it further enacted, that all the penalties incurred 
by any breach of this Act shall be recovered by complaint 
Ijefore any Justice of the peace within and for the County 
of Plimouth aforesaid, allowing an appeal to the Court 
of general sessions of the peace of said County ; and all 
sums of money recovered as forfeited by this Act, shall 
be for the support of the poor of the town of Brndgwater 
aforesaid ; and no person by reason of his being one of 
the said Committee, or an inhabitant of the said town 
shall th[e]reby be disqualified from being a witness in any 
prosecution for a breach of this Act. March 9, 1791. 



Times & places 
for holding 
Courts. 



1790. — Chapter 38. 

[January Session, ch. 24.] 

AN ACT FOR ALTERING THE TIMES FOR HOLDING THE COURTS 
OF GENERAL SESSIONS OF THE FEACE, & COURTS OF COM- 
MON PLEAS, NOW REQUIRED BY LAW TO BE HOLDEN ANNU- 
ALLY IN THE MONTH OF MARCH IN THE COUNTIES OF 
HANCOCK & WASHINGTON. 

Be it enacted by the Senate & House of Representatives 
in General Court Assembled & by the authority of the 
same, that from & after the first day of May next, the 
Courts of General Sessions of the Peace, & Courts of 
Common Pleas, which are now by Law to be holdcn at 
Penobscot, in & for the County of Hancock on the third 
Tuesday in March annually, shall be holden at the same 
place on the third Tuesdaj^ in April annually ; & that the 
Courts afbresaid which are now by Law to be holden at 
Machias in & for the County of Washington on the fourth 
Tuesday in March annually, shall be holden at Machias 
aforesaid on the fourth Tuesday in April annually, any 
Law to the contrary notAvithstanding. March 9, 1791. 



1790. — Chapter 39. 

[January Session, ch. 26.] 

AN ACT IN ADDITION TO AN ACT PASSED IN THE YEAR OF 
OUR LORD ONE THOUSAND SEVEN HUNDRED AND EIGHTY 
NINE INTITLED "AN ACT DETERMINING WHAT TRANSAC- 
TIONS SHALL BE NECESSARY TO CONSTITUTE THE SETTLE- 
MENT OF A CITIZEN IN ANY PARTICULAR TOWN OR DISTRICT." 

Whereas in and by an Act entitled '■^ An Act deter- 
mining what transactions shall be necessary to constitute 



Acts, 1790. — Chapter 40. 71 

the settlement of a Citizen in any particular town or Dis- 
trict" passed in the year of Our Lord One thousand seven 
hundred and eighty nine, U is among other things provided, 
that persons of certain discriptions in the said Act men- 
tioned, who shall come into and reside in any town or 
district for the space of two years without being warned to 
depart the same shall be deemed and taken to be inhabitants 
of such toivn or district. 

And whereas it ap2)ears expedient that the time of giving 
notice & warning to depart as aforesaid, should be extended 
and prolo nged : Therefore 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that no person shall be deemed or taken_ to be TJme^neceasary 
an inhabitant of any town or district by virtue of residence inhabitant. 
therein, unless he or she shall have resided in the same 
for the space of three full years, without being warned to 
depart as aforesaid ; the above recited Act notwithstanding. 

March 9,1791. 



1790. — Chapter 40. 

[January Session, ch. 25.] 
AN ACT IN ADDITION TO, AND TO EXPLAIN AN ACT PASSED 
THE TENTH DAY OF MARCH IN THE YEAR OF OUR LORD 
ONE THOUSAND SEVEN HUNDRED AND EIGHTY FOUR, EN- 
TITLED, "AN ACT FOR THE BETTER MANAGING OF LANDS 
WHARVES & OTHER REAL ESTATE LYING IN COMMON." 

Whereas doubts have arisen upon the Act, intitled, ''An Preamble. 
Act for the better managing of lands, wharves, & other real 
estate lying in common," whether, those who have last held 
and improved in common, and as a proprietary , any lands, 
wharves or other real estate, are and shall after the final 
division of the same, be liable for any debts which had been 
or shall be contracted in their corporate capacity , before 
such division, & ivliether such capacity is or shall be C07i- 
tinued for other purposes respecting the concerns of such 
proprietary : 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that notwithstanding the tinal division of any J'letLTs to"' 
lands, wharves, or other real estate lying in common, and «°?J>„°aL\ody 
which had been, or shall have been held and improved as after a^division. 
a proprietary, the last proprietors, or holders in common, 
shall continue in their corporate capacity, until all debts 



72 



Acts, 1790. — Chapter 41. 



— Empowered, 
in case — 



and taxes due to such proprietary, are collected and 
received, & until all their contracts & agreements made 
prior to such final division shall be performed ; and are, 
& shall be liable and capable in and by the same name and 
capacity, as before such division, to sue and be sued, and 
by their Agents to pursue & defend in all matters and de- 
mands respecting such proprietary until final judgment 
and execution, &, shall, & may call and hold meetings, 
and choose all necessary Ofiicers, and may vote, assess, 
levy and collect all reasonable rates and assessments in 
like manner form and proportion, as before such division, 
such proprietary could, or might have done. 

Ajid be it further enacted by the authority aforesaid, 
that where, after such final division of any lands or other 
real estate, which have been, or shall have been held as 
a proprietary, the proprietors making such division have 
ordered & delivered, or shall order and deliver the record 
of their proprietary into the custody of the town Clerk, 
in which such land or other real estate, or part thereof, 
may lay, the proprietors who shall hold any meeting for 
the purposes before mentioned, may recall the said record, 
and may cause the Clerk then appointed & sworn, or the 
town Clerk to whom such records have been committed, 
to record all votes and proceedings which shall be had at 
any meeting as aforesaid, & copies of the same may be 
certified as by law is provided for certifying any other 
part of such record. 

Provided nevertheless, that the pro[)rietors aforesaid 
shall not continue to act in their corporate capacity for 
more than ten years after the final division of their lands 
or other real estate, nor shall any suit brought against 
them be sustained, unless commenced within six years 
from the passing this Act, or from the time such right of 
action shall accrue, any thing in this Act to the contrary 
notwithstanding. March 9, 1791. 



1790. — Chapter 41. 

[January Session, ch. 27.] 

AN ACT FOR REGULATING THE MANUFACTURE OF NAILS 
WITHIN THIS COMMONWEALTH, & FOR REPEALING ALL 
LAWS HERETOFORE MADE FOR THAT PURPOSE. 

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



Acts, 1790. — Chapter 41. 73 

the f^ame, that from and after the first clay of July next, Assize of 

' ii/.*^ merchantable 

all nails exposed tor sale as merchantable, or for exporta- naiis. 
tion in any town or place within this Commonwealth, shall 
be of the assize following, that is to say, every thousand 
of tiuo penny nails shall weigh one pound & fourteen 
ounces ; and each nail shall measure not less in length than 
three quarters of an inch. 

Every thousand of three penny nails shall weigh two 
pounds and eight ounces ; and each nail shall measure not 
less in length than seven eighths of an inch. 

Every thousand oi four penny nails shall weigh three 
pounds and twelve ounces ; and 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 shall weigh thirteen 
pounds ; & each nail shall measure not less in length than 
two inches and one half. 

Every thousand of tiventy penny nails shall 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 selectmen to 
the Selectmen of each town, where nails of any of the "0^^?'°^ "*''^'^' 
descri})tions aforesaid shall be made for sale, are hereby 
authorized and required some time in the month of March 
or April annually, to appoint some suitable person or per- 
sons to be inspector or inspectors of nails within such 
town who shall be sworn by the Clerk of such town, or inspectors to 
by some Justice of the Peace in the same County to the ^®*'^°''"- 
faithful performance of his or their duty, and shall receive 
as fees from the owner of such nails, eiyht pence for every 
cask of nails so inspected; and it shall be the duty of -Their duty. 
every inspector of nails appointed in manner aforesaid, 
to open thoroughly, examine and carefully inspect every 
cask of nails made in such town or place for the pur- 
poses aforementioned ; and if he shall find the same are 
made conformably to the assize t^ (juality herein before 
directed, he shall brand the same with the letters A P, 
and the name of the town or place Avhere the said nails 
were manufactured, and the inspector's name shall be at 
large on one head of the cask containing the same. 



74 



Acts, 1790. — Chapter 42. 



Penally. 



Penalty. ^q ^^ further enacted by the authority aforesaid, that if 

any person or persons shall put into any cask after the 
same has been branded and inspected as aforesaid, any 
nails which shall not have been examined & approved of 
by the inspector of the town where said nails were manu- 
factured, or shall knovvinorly expose the same for sale con- 
trary to the true intent & meaning of this Act, he shall, 
for every cask exposed for sale, forfeit and pay the sum 
of twenty jpounds to be recovered l)y action of debt in any 
Court of record proper to try the same, by any person 
who will sue & prosecute therefor ; one half of such for- 
feiture to the prosecutor, and the other half to the poor 
of the town where such nails may be found. 

Be it farther enacted by the authority aforesaid, that 
every cask of nails that shall be offered for sale as mer- 
chantable or for exportation, or shall be exported on and 
after the said first day of July next, which shall not be 
branded & stamped in manner herein before directed 
shall be forfeited, to be recovered and appropriated as 
aforesaid. 

And be it further enacted by the authority aforesaid, 
that every thousand of nails made for the purposes afore- 
mentioned, shall be computed not less than five score to 
the hundred, and shall be made of iron of a suitable quality. 

And be it further enacted, that if any manufacturer of 
nails shall presume to sell as merchantable, any nails of 
either of the descriptions aforementioned, not being of the 
(juality and assize required by this Act, he shall for every 
thousand of nails so sold, forfeit and pay the sum oi 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 affecting the manufacture or sale of nails 
LawB repealed, wliich shall bc cut tVom cold irou ; — And all laws here- 
tofore made regulating the making of nails, shall from & 
after the first day oi July next be repealed. 

March 10, 1791. 



Number and 
quality. 



Penalty. 



Nails from cold 
Iron excepted. 



1790. — Chapter 43. 

[January Session, ch. 28.] 

AN ACT FOR THE RELIEF OF POOR FRISONERS CONFINED IN 
GOAL FOR TAXES. 

Be it enacted by the Senate and House of Rejrresenta- 
tives in General [^Courf] assembled, and by the authority 



Acts, 1790. — Chapter 42. 75 

of the same, that when any person standing committed to Method of pro- 
prison by virtue of any Warrant for the collection of any i^ngpo^o/fmson- 
tax, rate, or assessment shall complain that he or she hath taxes!"^"^'^ ""^ 
not estate sufficient to sup[)ort him or herself in prison, 
the Goaler or keeper of such })rison shall on such com- 
plaint apply to one of the Justices of the Peace, within 
and for the County in which such Prison is, who shall 
thereu})on make out a Notitication in writing- under his 
hand and seal, thereby signifying to the assessors of the 
Town, District, Plantation or Parish where such tax, rate 
or assessment was made, and also to the Constable or 
Collector who executed such Warrant, such prisoner's 
desire of taking the priviledge & benefit ; and of the time 
& place appointed for the intended caption of the oath or 
affirmation allowed by this Act, which notitication shall 
be served on such Assessors and Constable or Collector 
by leaving an attested copy thereof at the Office of such 
Assessors or at the usual place of abode of any one of 
them, and also at the usual abode of such Constable or 
Collector, at least thirty dtiys before the time appointed 
for the taking the said oath or affirmation, that they may 
1)6 present if they see cause. 

And be it fiirtJier enacted, that any two Justices of the Justices 
Peace and of the quorum of the same County being disin- '^'^vo^'"''^^- 
teres[(']cd, shall be, and hereby are authorized and required 
at the time and place ai)pointed in such notitication & upon 
the examination of the return thereof, and a full hearing 
of the parties, who shall and may appear thereupon, and 
no sufficient cause to the contrary in the opinion of either 
of the said Justices being shewn, and after due caution and 
examination of such prisoner, to proceed to administer an 
oath, or if he be of the Sect called Quakers, an affirmation, 
in the form following to ivit; 

I do soleninhj sicear before AlmigJiti/ God ^^^rmauon. 

(or I do affirm, as the case may be) that I had not at the 
time of my imjn-isonment, by , (naming the said 

Collector or Constable) nor have I at this time, any lands, 
goods, money or demands whereby to satisfy the sum at 
tvhich I am assessed in the list or Wai'rant of taxes com- 
mitted to him to collect, and for which I am noio holden 
in prison, or for the payment of any part of that sum my 
necessary aiyparel, and some other articles not liable to be 
distrained for taxes, & what has been expended for my 
necessary support while in prison only excepted nor have I 



76 



Acts, 1790. — Chapter 42. 



Prisoner's 
discharge. 



at any time before or since my said imprisonment^ disj 

or entr-iisted to any person or persons, any estate, either 

real or personal, whereby to avoid such payment, — 

so hell) me God — (or this I do under the pains & 

penalties of perjury in case of affirming as aforesaid) 

which oath or affirmation being administered by the 
said Justices to, & taken by such prisoner, and a certificate 
thereof made under the hands and seals of the Justices 
administring the same to such goaler or prison keeper 
he shall thereupon set such prisoner at liberty, if he or 
she is in prison for no other cause : and the body of such 
Prisoner shall not be held in prison any longer upon such 
Warrant or commitment ; which certificate to be made T)y 
the Justices as aforesaid shall be in the form following — 
to tvit — 



cenlficfie!'*' S ss To keeper of the Goal at C 

WE the subscribers two of the Justices of the Peace & 

of the quorum for the County of S hereby certify that 

A B a pioor prisoner, confined by Warrant for taxes in 
the Goal at C. aforesaid hath caused the Assessors of the 
Town District or Parish (as the case may be) by virtue 
of ivhose Warrant the said ivas so confined, and 

also (naming the said Constable or Collector 

who executed such Warrant) to be notified according to 
laio of the said A B's desire of taking the benefit of an 
Act, intitled, ^'■An Act for the relief of poor p)'''isoners 
confined in Goal for taxes,'' S no sufficient cause to the con- 
trary being shezvn, We have, after due caution and exam- 
ination of the said A B, administered to him or her, the 
oath or affir7nation prescribed in the Act aforesaid: Witness 
our hands and seals this day of Anno 

Domini 17 : 

& the said Justices, or either of them (if only one be 
present) may adjourn to a future day, if he or they shall 
judge it to be necessary. 

And be it further enacted, that any person who shall 
take the oath, or make the affirmation aforesaid, having 
had at the time of his or her commitment as aforesaid, 
or afterwards, and before or at the time of taking such 
oath or affirmation, any lands, goods, money or demands, 
other than therein is excepted, and whereby he or she 
might have discharged the said rates or taxes or any part 



Penalties on 
ronviclion of 
I'orjury. 



Acts, 1790. — Chapter 42. 77 

thereof, or having disposed of, or intrusted his or her 
estate, contrary to the tenor of the said oath, and shall 
be thereof duly convicted before the Justices of the Su- 
preme Judicial Court of this Commonwealth, he or she so 
therein offending, shall suffer the pains & penalties of 
wilful 1 perjury, which are or shall be in other cases pro- 
vided ; and in case such prisoner, at the time of the prisoner to be 
intended caption, shall not take the said oath, or affir- ^^^g'*-"''''" 
mation, or not be admitted thereto by the said Justices he 
or she shall be remanded back to prison, & shall not be 
intitled to the 1)enefit of this Act, unless upon a repetition 
of the proceedings aforesaid, the oath or affirmation afore- 
said shall l)e administered. 

And be it further enacted, that all & every Warrant for Esecutions 
taxes, as aforesaid, against such prisoner, shall notwith- prisoner to 
standing such discharge as aforesaid, be and remain good [awf'" ^°° 
and effectual in law, to all intents and purposes, against 
any estate whatsoever which may then, or at any time after- 
wards belong to him or her (his or her wearing apparel, 
and other articles not liable to be distrained for taxes only 
excepted) and may be carried into execution for the sat- 
isfaction of such taxes, out of such estate, in such sort 
and manner as might have been done, in case the said 
prisoner had never been committed as aforesaid : Or the 
Constable or Collector, who shall make such commitment, 
or the inhabitants of the town or place where such tax 
was assessed, shall and may have remedy therefor by a 
suit or action, as for the proper del)t of such Constable, 
Collector or inhabitants, any judgment to be recovered 
thereupon to be satisfied only from the goods or estate of 
such poor person, who shall and may be relieved by this 
Act. 

And he it further enacted, that when any person, stand- Townhoiden 

•^ '^ '- to pay on 

ing committed as aforesaid, for any tax due to this Com- liberation of the 
mon wealth, or to the County, shall be liberated from p"^"°*""- 
such commitment by virtue of this Act, in every such 
case, the Town,* Plantation or District, from whose As- 
sessors the Warrant, by virtue of which such prisoner 
was committed, was issued, shall be holden to pay the 
whole tax required of such town, plantation or District, 
by law, such lil)eration notwithstanding. 

Provided, and be it further enacted that when any per- Proviso, 
son who shall be imprisoned for the non-payment of the 
proportion of any tax Avhich shall be assessed after the 



78 



Acts, 1790. — Chapter 43. 



first day of April next, shall be discharged from confine- 
ment by virtue of this Act, the Collector or Constable 
making such imprisonment, shall not be discharged of the 
proportion which was due from such jierson, but shall be 
holdcn to pay the same, unless such imprisonment shall 
he made within one year next after the commitment of 
such tax to such Collector or Constable, or unless the 
inhabitants of such town or place, in legal town meet- 
ing shall see fit to abate the same, to such Collector or 
Constable. March 10, 1791. 



Berwick 
Academy 
established. 



Trustees 
incorporated. 



1790.— Chapter 43. 

[January Session, ch. 29.] 

AN ACT FOR ESTABLISHING AN ACADEMY IN THE TOWN OF 
BERWICK BY THE NAME OF BERWICK ACADEMY. 

Whereas it appears that the Honorable Benjamin Chad- 
l)ourn Esqr. of Berwick in the County of York, Jias ap- 
propriated a very convenient tract of land in said Berwick 
to the use of an Academy, and that sundry well disposed 
persons have subscribed the su7n of five hundred pounds, 
for the same genei'ous design, the more fully to effect 
which it is necessary to establish a body politick : 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled tf- by the 
authority of the same, that there be and hereby is estab 
lished in the town of Berwick in the County of York an 
Academy by the name of Berwick Academy, for the pur- 
pose of promoting piety, religion and morality, and for 
the education of youth in such languages and such of the 
liberal arts and sciences as the said trustees shall direct ; 
and the Honorable Benjamin Chadbourne Esqr. the Hon- 
orable David 8ewa.ll Esqr., the Honorable Edward Cutis 
Esqr. the Honorable JSTathaniel Wells Esqr. the Revd. 
James Pike, the lievd. Benjamin Stevens D. D. the Revd. 
Moses Hemenway I). D. the Revd. John Tompson, John 
Rollins Esqr. Colonel Jonathan Hamilton, John Hale 
Esqr. Mr. John Haggens, Doctor Ivory Hovey and Mr. 
JoJm Lord be and they hereby are nominated and 
appointed trustees of the said Academy, and they are 
hereby incorporated into a body politick by the name of 
the Trustees of Berwick Academy, and they and their 
successors shall l>e and continue a body politick by the 
same name forever. 



Acts, 1790. — Chapter 48. 7i 

And be it further enacted that all the lands and veTtedinthJ*^ 
monies heretofore given or subscribed or which for the Trustees, 
purpose aforesaid shall be hereafter given, granted and 
assigned unto the said Trustees, shall be confirmed to the 
said Trustees and their successors in that trust forever, 
for the uses which in such instruments shall be expressed ; 
and they the said Trustees shall be further capable of 
having, holding and taking in fee simple, by gift, grant, 
devise or otherwise, any lands tenements or other estate 
real or personal, (provided the annual income of the same, 
shall not exceed two thoiisand pounds) and shall apply 
the rents, issues and profits thereof in such a manner, 
as that the end of the Academy may be most effectually 
promoted. 

Be it further enacted that the said Trustees shall have Their powers. 
full power from time to time as they shall determine to 
elect such ofiicers of the said Academy as they shall judge 
necessary and convenient, and fix the tenures of their 
respective offices, to remove any Trustee from the Cor- 
poration when (in their opinion) he shall be incapable 
through age or otherwise of discharging the duties of his 
ofiice, to fill all vacancies, by electing such persons for 
Trustees as they shall judge best, to determine the times 
and places of their meetings, the manner of notifying the 
said Trustees, the method of electing or removing Trus- 
tees, to ascertain the powers and duties of their several 
ofiicers, to elect Preceptors and Ushers of said Academy, 
to determine the duties and tenures of their ofiices, to 
ordain reasonable rules orders & bye-laws (not repug- 
nant to the laws of this Commonwealth) with reasonable 
penalties for the good government of the Academy and 
ascertaining the qualifications of the students requisite to 
their admission, and the same rules, orders and bye-laws 
at their pleasure to repeal. 

Be it further enacted, that the Trustees of the said Acad- ^^'''• 
emy may have one common seal, which they may change 
at pleasure ; and that all the deeds, signed and delivered 
by the Treasurer or Secretary of said Trustees, b}^ their 
order, and sealed with their seal, shall when made in their 
name be considered as their deed, and as such to be duly 
executed and valid in law, and that the Trustees of said 
Academy may sue and be sued, in all actions, real, per- 
sonal or mixed, and prosecute and defend the same unto 
final judgment and execution, by the name of the Trustees 
of Berwick Academy. 



80 



Acts, 1790. — Chapter 44. 



— Empowered 
to remove the 
Seminary, in 



Benjamin 
Chadbourn, 
Esquire, 
authorized. 



Be it further enacted, that the numljer of the said Trus- 
tees and their successors shall not at any one time be 
more than fifteen, nor less than nine, seven of whom shall 
constitute a quorum for transacting business and a majority 
of the members present at any legal meeting, shall decide 
all questions proper to come before the Trustees ; that the 
principal Instructor for the time being, shall ever be one 
of them ; that a major part shall be laymen and respectable 
freeholders ; also that a major part shall consist of men 
who are not inhabitants of the town where the Seminary is 
situated. 

And he it further enacted by the authority aforesaid, 
that if it shall hereafter be judged upon mature and im- 
partial consideration of all circumstances, by two thirds 
of all the Trustees, that for good & substantial reasons 
which at tiiis time do not exist, the true design of this 
institution will be belter promoted l)y removing the Sem- 
inary from the place where it is founded, in that case, it 
shall be in the power of the said Trustees to remove it 
accordingly, and to establish it in such other place within 
this State as they shall judge to be best calculated for 
carrying into effectual execution the intention of the 
founders. 

Be it farther enacted that the honorable Benjamin 
Chadbourn Esqr. be and he herel)y is authorized to fix the 
time and place for holding the first meeting of the said 
Trustees, and to notify them thereof. March 11, 1791. 



Act repealed. 



1790. — Chapter 44. 

[January Session, ch. 30. J 

AN ACT FOR REPEALING AN ACT PASSED IN THE YEAR OF 
OUR LORD ONE THOUSAND SEVEN HUNDRED & EIGHTY 
FOUR, INTITLED, "AN ACT TO INCORPORATE THE CHURCH 
& CONGREGATION IN THE DISTRICT OF ORANGE IN THE 
COUNTY OF /f^MPSH/i?^, WHERE OF THE REVD. MR. EMERSON 
FOSTER IS THE PRESENT MINISTER, INTO A SOCIETY, BY 
THE NAME OF THE CONGREGATIONAL SOCIETY OF ORANGE." 

Whereas the operation of said Act does not produce those 
salutary effects which were expected; 

Be it therefore Enacted by the Senate cC House of Repre- 
sentatives in General Court Assembled & by the authority 
of the same, that the aforesaid Act be & hereby is repealed 
& made null & void. Provided always, that the said 
Society shall be holden to pay all debts by them heretofore 
contracted in the same way & manner as tho' this act had 
not passed. March 11, 1791. 



Acts, 1790. — Chapter 45. 81 



1790. — Chapter 45. 

[January Session, ch. 31.] 

AN ACT FOR REGULATING THE TAKING OF SHAD, ALEWIVES 
AND OTHER FISH IN THEIR PASSAGE THROUGH NEPONSET 
RIVER, AND THE SEVERAL STREAMS TO THE PONDS CALLED 
PUNKAPOG AND MASSAPOG. 

Be it enacted by the Senate and House of Re^rresenta- 
tives in Geiieral Court assembled and by the authority of 
the same, that there shall be sluice ways made, if not sluiceways to 
already made, through Leed's dam and Hugh McLane's kepTfree.'' 
dam in the said River of Neponset, each of eight feet in 
width, and to extend in depth within eighteen inches of 
the mud sill ; the sluice way through said Leed's dam to 
be made within fifteen feet of his Grist mill floom, & the 
sluice way through said McLane's dam, to be where the 
sluice way now is ; both of which sluice ways shall forever 
hereafter, from the twentieth day of April to the first 
day of June annually, be kept open, and free from any 
obstructions to the free passing of Shad Alewives and 
other Fish up the said river JSTeponset to the ponds afore- 
said ; 

Provided nevertheless, whenever during the time required Proviso. 
by this Act, for keeping open said sluice ways, the water 
in the said river shall not run over the said Dams, or 
either of them, the gate to such sluice way where the water 
does not so run over, may be shut down as far as within 
eighteen inches from the bottom of such sluice, and remain 
so shut, untill the water runs over such Dam, and no 
longer. 

And be it enacted by the authority aforesaid, that the owners of miii- 
owner or owners of each and every other mill dam, that siuTce wi'yT."''^ 
now is, or hereafter may be erected on said JSFejmnsit 
River, untill it comes to the mouth of Pmikaj)og brook, so 
called, shall make & provide a sluice way through each of 
their Dams, of the same width and depth as by this act is 
required to be made through Leed's & McLa^ie's Dams, and 
the owner or owners of all Dams that now are, or hereafter 
ma}^ be erected on the stream through which the said fish 
may pass to said Massajjog pond, shall make a sluice way 
through each of their Dams, six feet in width, and as low 
as the natural stream and the owner or owners of the 
Dams aforesaid shall forever from the said twentieth day 
of April to the first day of June, annually keep open sucli 
sluice ways through their several Dams. 



82 



Acts, 1790. — Chapter 45. 



Penalty for 
obBtruction of 
sluice ways. 



Tf ne'\ec? ""^^ -<4ntZ he it fartlier enacted, that if any owner or owners 
of any or either of the Dams aforesaid, shall neglect or 
refuse to make and keep open such sluice way, the whole 
of the time required by this Act (saving opening the 
sluice w^ay as afore provided) the owner or owners so 
neglecting or refusing, shall forfeit and pay the sum of 
thirtij jjownds to be recovered by action of debt in any 
Court })roper to try the same, one moiety thereof to be to 
him or them who shall prosecute for the same, and the 
other moiety to the use of the town where the offence is 
committed. 

A7}d it is farther enacted, that in case any of the said 
sluice ways shall not be kept open as aforesaid, the owner 
or owners thereof shall, for every three hours the same 
shall be shut or obstructed, forfeit and pay the sum of 
twenty shillings, to be recovered as aforesaid, one half of 
said penalty to be to the prosecutor, and the other half 
to the use of the towns of Sharon & Stoughton; & no 
person shall be disqualified from being a Witness in any 
action that may be brought on this Act on account of his 
l>eing an inhal)itant of any town whatever. 

And he it farther enacted, that the towns of Stoughton 
& Sharon at their respective town meetings for the choice 
of town officers in the month of March or April annually 
shall choose at least three persons freeholders in each of 
the said towns, who shall be a Committee to carry this 
Act into effect, any three of whom shall be a quorum, and. 
To be sworn, shall be Severally sworn to the faithfull discharge of their 
office ; and if any person chosen as aforesaid, and acce[)t- 
ing of the said trust, shall neglect to take an oath as 
aforesaid, within seven days from being so chosen, he 
shall forfeit and pay the sum of ten. shillings, or being 
chosen & sworn as aforesaid, shall neglect to perform his 
duty, shall forfeit & pay the sum of Jive pounds; the said 
forfeitures to be sued for and recovered by the Treasurer 
of the town to which such offender belongs, & for the use 
of such town. 

And he it further enacted, that any three of the said 
Committee shall have power & authority to open, at the 
expence of any owner or owners of any Dam or Dams on 
the said river or streams that now are or hereafter may 
be erected, the sluice head of any such Dam or Dams, 
provided such owner or owners shall neglect or refuse to 
open the same, by the said twentieth day of April in each 



Committee to 
be chosen. 



Penalty for 
neglect — 



Empowered. 



Acts, 1790. — Chapter 45. 83 

and every year : And if for the purposes mentioned in 
this Act, it shall be necessary for the said Committee, or 
either of them, to go on the land of any person, through 
which said river or streams run, the same shall not be 
deemed a tresspass, and if any person shall molest or— Not to be 
hinder the said Committee, or either of them, in the 
execution of his or their Office, the person so oft'ending 
shall forfeit and pay a sum, not exceeding forty shillings, 
nor less than twenty shiUiiuis to be sued for & recovered 
by, and to the use of the Officer or Officers against whom 
the offence is committed. 

And be it farther enacted by the authority aforesaid, 
that if any person or persons shall make anj wares, or Penalty. 
other ol)structions to hinder the passing of said fish up 
said river, each person so offending shall forfeit and pay 
the sum oi five pounds. 

And be it further enacted, that no person shall l)e wcekiy time for 
allowed to catch any of said fish in the said river or a'nowecK * ' 
streams with any other machine than a dip net, on penalty 
of twenty shillings for every offence ; and no person shall 
be allowed to take any of said fish at any time, or in any 
manner, or at any place in said river or streams, except- 
ing on Mondays & Fridays of each &, every week, and 
betwixt Sun rising & Sun setting of said days, on penalty 
of ten shillings for every offence. 

And be it further enacted, that no iierson shall cast any Forbidden time 

•<, , . ' . 1 • , under Penalty. 

sein, set, or drag net, in or across said river or streams, 
from the aforesaid twentieth day of April, to the first day 
oi June annually, on penalty of the sum o^ fifteen pounds 
for each offence. 

And be it further enacted, that all the forfeitures, men- Appropriation 
tioned in this act, not particularly ai)propriated, shall be ° 
recovered by action of debt, by any one or more of the 
aforesaid Committee, in any Court proper to try the same, 
one moiety to such prosecutor or prosecutors, and the 
other moiety to the use of the town where the offence 
shall be committed. 

And be it further enacted, that all laws heretofore made Laws repealed. 
for the preservation of or regulating the taking of the 
said fish in the said river or streams be and hereby are 
repealed. March 11, 1791. 



84 



Acts, 1790. — Chapter 46. 



Readfield.i 
corporatfd. 



■To pay all 
•rears of taxes. 



— To support 
their poor. 



1790. — Chapter 46. 

[January Session, ch. 32.] 

AN ACT TO INCORPORATE THE NORTH PART OF THE TOWN OF 
WINTHROP IN THE COUNTY OF LINCOLN WITH THE IN- 
HABITANTS THEREON, INTO A TOWN BY THE NAME OF 
READFIELD. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that all the lands in the town of Winthrop l}' ing 
north of the line hereafter described, viz, — beginning on 
the south line of lot number thirty two in said Wint/irop 
where the west line of Halloivell crosses said lot, from 
thence running west northwest on the range line to 
Chandler's pond, then westerly across said pond to the 
southeast corner of lot number two hundred & twenty, 
then westerly on the south line of said lot to southwest 
corner of said lot, then northerly to the northeast corner 
of lot number sixty six, from thence west northwest on 
the north line of lots number sixty six, ninety three & 
one hundred fifty six, to the westerly line of said town, 
with all the inhabitants thereon living, be and hereby are 
incorporated into a separate town by the name of Read- 
field with all the powers privileges and immunities that 
towns within this Ccmnnonwealth have or do enjoy. 

And be it further enacted by the authority aforesaid, 
that the inhabitants of the said town of Readfield shall 
l)e subject to and pay all rates and taxes heretofore 
assessed upon them while they belonged to the town of 
Wiiithroj), in the same manner as though this Act had 
not been passed, and shall also be subject to pay their 
proportional )le part of all <lebts due from said town of 
Winthrojj at the time of their seperation, and also shall 
receive their proportionable part of all public lands and 
of all other public property (whatsoever) that did belong 
to said town of Winthrop at the time of their sepera- 
tion. 

And be it further enacted, that the said town of Read- 
field shall take and support their proportionable part of 
all the poor that did belong to the said town of Winthrop 
at the time of their seperation, according to their last 
valuation ; and provided any .person or persons have 



Acts, 1790. — Chapter 47. 85 

removed from said town of Winthrop & shall be hereafter 
returned as the poor of said town, then and in such case 
the said town of Readfield shall take and support as their 
poor, all those who immediately before such removal w^ere 
the inhabitants of that part of the town of Winthrop which 
is now Readfield. 

And be it further enacted by the authority aforesaid, 
that until the said town of Readfield shall have a sufficient S^.^^^'''^ ^""^ 

f • ^ -I • • 1 1 1-1-. Wiuthrop, to 

number oi mhabitants to entitle them to send a Repre- a«Bembic jointly 
sentative, they shall assemble & meet with the town of j°g °''° ™^®'- 
Winthrop), and in town meeting alternately at Winthrop 
and Readfield shall join in chusing a Eei)resentative to 
serve in the General Court of this Commonwealth. 

And be it enacted by the authority aforesaid, that Jona- Jonathan 
than Whiting Esqr. be and lie hereby is authorized and to sssJl^his*''' 
impowered to issue his warrant to some principal inhabi- "'""''°^- 
tant of the said town of Readfield, requiring him to notify 
and warn said inha])itants to meet at some convenient 
time and place in said Readfield, to chuse all such officers 
as other towns by law are required to choose in the 
month oi March ov April annually. March 11, 1791. 

1790. — Chapter 47. 

[January Session, ch. 33.] 
AN ACT FOR NATURALIZING JOH.Y WHITE & OTHERS. 

Whereas John White, Roger Dickinson atid John Atkin- Preamble, 
son (^the said Atkinson in behalf of himself, his wife and 
childreti) have p)etitioned the General Court that tliey may 
be naturalized, & thereby become intitled to all the rights 
and priviledges of natural born citizens; and having pro- 
duced sufficient testimonials of their good characters; 

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 John White, Roger Dickinson John white, & 
& John Atkinson, together with Elizabeth the wife of the ui^uraiized. 
said Atkinson, John Atkinson junior, Charles Atkinson, 
Eliza Storer Atkinson, George Hodgson Atkinson Mary 
Ann Atkinson, Caroline Frances Atkinson, & William, 
Atkinson his Children, (they the said John White, Roger -to take the 
Dickinson, and John Atkinson respectively, taking & sub- afilgiance. 
scribing the oath of allegiance to this Commonwealth, 



86 Acts, 1790. — Chapter ^7. 

before two Jii>stices of the Peace, quorum uuus) shall be 
deemed adjudged and taken, to be free citizens of this 
Commonwealth, and intitled to all the liberties, privi- 
ledges, and immunities of natural ])orn subjects. 

And be it farther enacted that the Justices before whom 
the said JoJtu White, Roger Dickinwn, and JoJni Atkin- 
son, shall take and subscribe the said oath, shall return a 
certiticate of the same, into the Secretary's OiBce, that it 
ma}^ be there recorded. March 11, 1791. 



JuBtice toretur 
certiticate. 



RESOLVES 



MASSACHUSETTS 



1790, 



RESOLVES 

OF THE 

GENERAL COURT 

OP THE 

Commonwealth of Massachusetts, 



BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK, 

ON WEDNESDAY THE TWENTY-SIXTH DAY OF 

MAT, ANNO D03IINI, 1790. 



BOSTON : 
PRINTED BY THOMAS ADAMS, 

Printer to the Ilononrable General Court. 

M.DCC.XC. 

Reprinted by Wright & Totter Printing Company, State Printer! 



EESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MA88ACFIUSETTS: 

TOGETHER WITH MESSAGES, &c. OF HIS EXCELLENCY 
THE GOVERNOUR TO THE SAID COURT: 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-SIXTH DAY OF 
MAY, ANNO DOMINI, 1790. 

His Excellency, JOHN HANCOCK, Esq ; 

Governour. ^ 

His Honour, SAMUEL ADAMS, Esq ; 
Lieutenaut-Governour. 

(JOUNCELLORS. 

Honourable Samuel Ilolten, Honourable Thomas Russell, 
Moses Gill, Ebenezer Bridge, 

Azor Orne, John Hastings, 

Edward Cutts, Thomas Durfee, Es- 

William Heath, Es- quires, 

quires. 

The following are the navies of the Gentlemen who comiwse the two 
Branches of the GENERAL COURT, viz: 

SENATORS. 
Hon. SAMUEL PHILLIPS, jun., Esq. President. 

For the Comity of Suffolk. County of Essex. 
Hon. William Phillij)S, Hon. Aaron Wood, 

Cotton Tufts, Stephen Choate, 

Stephen Metcalf, Jonathan Greenleaf, Es- 

Thomas Dawes, quires. 
Benjamin Austin, jun., Es- 
quires. 



92 



Resolves, 1790. — May Session. 



SENATORS— Conchided. 



Cotmty of Middlesex. 
Hon. Eleazer Brooks, 
Nathaniel Goiiiam, 
Joseph Hosmer, 
Joseph B. Varnum, Es- 
quires. 

County of Hampshire. 
Hon. David Sexton, 
Samuel Lyman, 
Samuel Fowler, Esquires. 

County of Plymouth. 
Hon. Daniel Howard, 
Joshua Thomas, 
Isaac Thompson, P^squires. 

County oj Bristol. 
Hon. Walter Spoonei', 
Elisha May, 
Phauuel Bishop, Esquires. 

Coxmty of Barnstable. 
Hon. Solomon Freeman, Esquire. 



Dukes County and Nantucket. 
Hon. Peleg CotBn, Esquire. 

County of Worcester. 
Hon. Samuel Baker, 
Abel Wilder, 
Amos Singletary, 
John Fessenden, Esquires. 

County of York. 
Hon. Nathaniel Wells, Esq. 

County of Cumberland. 
Hon. Josiah Thacher, Esquire. 

Lincoln, Hancock a7zd Wash- 
ington. 
Hon. Dummer Sewall, Esquire. 

County of Berkshire. 
Hon. Elijah D wight, 

Thompson J. Skinner, Es- 
quires. 



MEMBERS OF THE HOUSE OF REPRESENTATIVES. 
Honourable DAVID COBB, Esq. Speaker. 



^ ( Dr. Charles Jarvis, 
!^ Samuel Breck, Esq. 
^ ! John Coffin Jones, Esq. 
ZTi ] Jonathan Mason, Esq. 
g ! Dr. William Eustis, 

(^Jonathan Mason, jun., Esq. 
Roxbury, John Read, Esq. 
Braintree, Brig. Gen. Ebenezer 

Thayer, 
Dorchester, James Bowdoiu, jun., 

Esq. 
Stoughton, James Endicott, Esq. 
Hingham, Col. Charles Cushing, 
Cohasset, Thomas Lothrop, Esq. 



Dedham, Joseph Guild, Esq. 
Medfield & Dover, Mr. Oliver 

■ Ellis, 
Wrentham, Lemuel KoUock, Esq. 
TFe?/mo2<i/i, Nathaniel Bailey, Esq. 
Milton, Col. Seth Sumner, 
Franklin, Mr. Hezekiah Fisher, 
Ncedham, William Fuller, Es(|. 
Brookline, Dr. William Aspinwall, 
Medtvay, Mr. Moses Richardson, 

jun., 
Walpole, Seth Bullard, Esq. 
Sharon, Mr. Joseph Hewins, 



County of Essex. 



Salem, Mr. Ebenezer Beckfoi'd, 
Mr. John Saunders, jun., 

Newbury Port, Theophilus Par- 
sons, Esq. 
Mr. Jonathan Marsh, 



Ipswich, John Manning, Esq. 
Ne^vbury, Mr. Nathaniel Emery, 
Andover, Capt. Peter Osgood, 
Beverly, Larkin Thorndike, Esq. 
Mr. Joseph Wood, 



Resolves, 1790. — May Session. 



93 



REPRESENTATIVES— Continued. 



County of Essex — Concluded. 



Danvcrs, Maj. Caleb Low, 
Marbleheacl, Samuel Se\vaIl,Esq. 

Mr. ^oshvia Orne, 
Gloucester, Capt. William Pear- 
son, 
Haverhill, Mr. Nathaniel Marsh, 
Lyn7i & Lynnfield, John Carnes, 
Esq. 



Rowley, Mr. Thomas Mighill, 
Salisbury, Maj. Joseph Page, 
Amesbury, Mr. James Bayley, 
Bradford, Daniel Thurston, Esq. 
Boxford, Mr. Thomas Perley, 
Methuen, Capt. John Davis, 



County of Middlesex. 



Cambridge, Mr. Aaron Hill, 
Marlliorough, Mr. William Morse, 
Woburn, Dea. Timothy Wynn, 
Reading, Mr. Benjamin Upton, 
Framingham, Mr. Jonathan May- 

nard, 
Neivton, Abraham Fuller, Esq. 
Concord, Capt. Duncan Ingra- 

ham, 
Acton & Carlisle, Mr. Ephraim 

Robbins, 
Billerica, Maj. Edward Farmer, 
Medford, Mr. Ebenezer Hall, 
Charlestown, Capt. Thomas Har- 
ris, 
Sicdbury, William Rice, Esq. 



Chelmsford, Maj. John Minot, 
Waterloivn, Col. Amos Bond, 
Westford, Col. Zaeheus AV'right, 
Waltham, Mr. Abner Sanderson, 
Hox)kinton, Mr. Ebenezer Claflin, 
Weston, Capt. Isaac Jones, 
Lexington, Mr. Joseph Simonds, 
Maiden, Mr. Isaac Smith, 
Feiipercll, Mr. Joseph Heald, 
Toivnshend, Capt. Daniel Adams, 
East Sudbury, Joseph Curtis, 

Esq. 
Dracut, Parker Varnum, Esq. 
Littleton, J\Ir. Sampson Tuttle, 
Tewksbury, Mr. William Brown, 



County of Hampshire. 



Northampton, Samuel Henshaw, 
Esq. 

West Springfield, Justin Ely, Esq. 

Granville, Col. Timothy Robin- 
son, 
Mr. James Hamilton, 

Decrfield, Seth Catlin, Esq 

Brimfeld, Joseph Browning, Esq. 

Conway, William Billings, Esq. 

Wilbraham, John Bliss, Esq. 

Blanford, Capt. John Ferguson, 

Amherst, Simeon Strong, Esq. 

Hatfield, John Hastings, Esq. 

Warwick and ) John Goldsbury, 

Orange, \ Esq. 

South Brimfield, ) Mr. Darius 

and Holland, ^ Munger, 



Ashfield, Mr. I^^hraim Willums, 
Worthinglon, Nahum Eager, Esfj. 
Monson, Mr. David Hyde, 
Hadlcy, Mr. Enos Nasii, 
Shelburne, Mv. Robert Wilson, 
Greenfield, Capt. Isaac Newton, 
Cumminglon, and { Capt. William 
Plain field, \ Ward, 

Northfield, Capt. Elisha Hunt, 
Colrain, Col. Hugh McClallen, 
Pelhain, Mr. Adam Clark, 
Chestcr/icld, Col. Benjamin Bon- 

iiey, 
Palmer, Capt. David Shaw, 
Montague, Dr. Moses Gunn, 
Southwick, Dr. Isaac Coit, 



County of Plymouth. 

Bridgwater, Mr. James Thomas, Plymouth, Thomas Davis, Esq. 
Middleborough, Mr. James Sprout, Rochester, Abraham Holmes, Esq. 
Scituate, Capt. Joseph Tolman, Pembroke, Mr. Josiali Smith, 



94 



Resolves, 1790. — May Skssion. 



REPRESENTATIVES — Conlimicd. 
Countij 0/ Plymouth -Concluded. 



Marshfield, Mr. Joseph Phillips, 
Almig'lon, ,^?^(ioh Smith, jiin., p]sq. 
Duxbunj, Gamaliel Bradford, 
Esq. 



Kingston, Capt. Ebenezer Wash- 
burn, 
Flijmpion, Capt. Francis Shurtliif, 
Hanover, Mr. INlelzei- Curtis, 



County of Haknstable. 

Barnstable, Shearjashub Bourne, Harwich, Mr. Kimbil Clark. 

Esq. Ea^thavi, Elijah Knowles, Esq. 

Ynrmonth, David Thatcher, Esq. Chatham, Joseph Doane, 



Cotinty of BiusTOL. 



Dartmouth, Mr. David VVilleox, 
Rchoboth, Major Frederick Drown, 
Taunt07i, Hon. David Cobb, Esq. 
Attleborough, Major Ebenezer 

Tyler, 
Freetown, Hon. Thomas Durfee, 

Esq. 



Rainham, Josiah Dean, 
Norton, Capt. Seth Smith, jun., 
Easton, Col. Abial Mitchell, 
Sumnzey, Christopher Mason, 

Esq. 
Somerset, Jerathmel Bowers, 

Esq. 



County of Dukes County. 
Edgartniim, Mr. William Jernigan. 

Cou7ity of Nantucket. 
Sherburne, 



County of Worcester. 



Brookfield, Daniel Forbes, Esq. 
Sutton, Capt. Jonathan Wood- 

l)ury, 
Worcester ~Ca\)t. Samuel Flagg, 
Barre, Capt. John Black, 
ffardtvick, Martin Kinsley, Esq. 
Sterling, Col. Edward Raymond, 
Charlto7i, Col. Salem Town^— 
RrUiceton, Hon. Moses r4ill. 
Petersham, Capt. Ruggles Spoon- 



Lancaster, Capt. Ephraim Carter, 

jun., 
Bolton and ? Mr. Simon Hough- 
Berlin, \ ton, 
Sturbridge, Mr. Josiah Walker, 
Mendon, Col. Benjamin Read, 
Northboroiigh, Mr. Isaac Davis, 
Spencer, Mr. James Hathaway, 
Western, Mr. Matthew Patrick, 



Uxbridge, Natlian 'I'yler, Esq. 
Imnenburg, Capt. John Fuller, 
Shrewsbury, Capt. Isaac Harring- 
ton, 
Westminster, Mr. Josiah Puffer, 
(Irafloji, Doctor Joseph Wood, 
Dudley, Mr. John Warren, 
Holde7i, ,^o\^n Child, jun., Esq. 
Southborough, Mr. Elijah Brig- 
ham, 
New Braintree, Capt. Benjamin 

Joslyn, 
Oxford, Capt. Jeremiah Learned, 
Fitehburg, Deacon Daniel Put- 
nam, 
Douglass, Mr. Lovell Pulsipher, 
HubbardstoJi, Mr. James Thom- 
son, 
Athol, Mr. Josiah Goddard. 
Oakham, Capt. Joseph Cliaddock, 



Resolves, 1790. — May Session. 



95 



REPRESENTATIVES — Concluded. 
County of York. 



York, Hon. David Sewall, 
Pejiperellborough, Mr. Samuel 

Scam man, 
(Joxliall, John Low, jun., Esq. 
Berwick, Mr. Richard Foxwell 

Cutts, 
Kiltery, Mr. Marli Adams, 
Wells, Mr. Joseph Hubbard, 



Arimdell, John Ilovey, Esq. 
Biddeford, Doctor Aaron Porter, 
Lebanon, Mr. Thomas M. Went- 

worth, 
FrycJnirg, Simon Frye, Esq. 
Water boroiigh, Mr Samuel Scrib- 

ner, 



County of Cumberland. 



Scarborotigh, William Tompson, 

Esq. 
Falmouth, Joseph Noyes, Esq. 
Portland, Mr. John Fox, 

Daniel Davis, Esq. 
North Yarmouth, David Mitchell, 

Esq. 



Cape Elizabeth, Samuel Calef, 

Esq. 
Brunsvick, Capt. John Peterson, 
Netv Gloucester, William Wed- 

gery, Esc|. 
Harpswcll, Isaac Snow, Esq. 



Cotcnty of Lincoln. 



Pownalborough, John Gardiner, 

Esq. 
Bristol, Col. William Jones, 
Woolwich, Samuel Harnden, Esq. 
Hallowell, Daniel Cony, Esq. 
PFaWo&oro^/^/i, Waterman Thomas, 

Esq.' 



Topsham, Samuel Thompson, 

Esq. 
Booth Bay, Capt. John Boarland, 
Winthro^y, Mr. Jedidiah Prescot, 

jun, 
Thovuistown, Mr. Samuel Brown, 



County of Berkshire. 



Sheffield and Mt. ) Mr. Johnllub- 
Washington, \ bard, 

Lanesborough & f Gideon Wiicel- 
Nerv Ashford, \ er, Esq. 
Pittsfield, Woodbi-idge Little, Esq. 
Adams, Capt Reul^en Hinman, 
Williarnstoian, Dr. William Tow- 
ner, 
Richmond, William Lusk, Esq. 
Sandisfield, Mr. John Picket, jun., 
Stockb'ridge, John Bacon, F]sq. 
Leonox, Mr. John Stoughton, 



New Marlboro\ Col. Daniel Tay- 
lor, Esq. 
Tyringham, Capt. Ezekiel Hear- 

ick, 
Lee, Ebenezer Jenkins, Esq, 
Hancock, Mr. David Vaughan, 
West Stockbridge, Elijah Wil- 
liams, Esq. 
Egrrmont, Mr. Ephraim Fitch, 
Becket, Nathaniel Kingsley, Esq. 
Washington, Azariah Ashley, 
Esq. 



96 Resolves, 1790. — May Session. 



Ch-apter 1. 

RESOLVE SUSPENDING THE LAW FOR REGULATING THE FISH- 
ERY IN CONNECTICUT RIVER, AND REQUESTING THE GOV- 
ERNOR TO WRITE TO THE GOVERNOR OF CONNECTICUT 
RELATIVE THERETO. 

On the Petition of a number of the Inhaljitants of 
West Springfield, praying for a suspension of the Law 
for regulating the Fishery in Connecticut River. 

Resolved that the aforesaid Act be and here by is sus- 
pended untill the first Day of January next — 

and be it further resolved that Sam. Leyman, Samuel 
Ilenshaiv & Justin Ely Esqrs. be a Committee on 1)ehalf 
of this Commonwealth to repair to Connecticut to confer 
with such Committe as may be appointed l)y the General 
Asseml)ly of the State of Connecticutt, on the Subject of 
regulating the Fishery in said lliver and of adopting the 
most effectual Means for preserving the Fish in said 
River. 

And be it further resolved that his Excellency the Gov- 
ernor be requested to write to the Governor of the State 
of Connecticut, inclosing a Copy of this Resolve, and re- 
questing him to lay the same before the Assembly of the 
said State and to request their concurrence therein. 

June 1,1790. 

Chapter 2. 

RESOLVE ON THE PETITION OF WILLIAM JERNIGAN, IN BE- 
HALF OF THE TOWN OF EDGERTON, EXCUSING THE 
COUNTY OF DUKES COUNTY FROM BUILDING AND MAIN- 
TAINING MORE THAN ONE GOAL, AND IMPOWERING JAMES 
ATHEARN AND OTHERS TO AGREE UPON THE PLACE FOR 
A NEW GOAL. 

On the petition of William Jernigan in behalf of the 
Town of Edgerton in Diikes County praying that the 
County aforsaid may l)e Excused from Building and sup- 
porting two Goals in said County. 

Resolved that the prayer thereof be granted, and that the 
County of Dukes County be and hereby is Excused from 
Building and maintaining more than one Goal for the safe 
keeping of Prisoners in said County any Law or Re- 
solve to the Contrary notwithstanding. And whereas the 
present Goal in sd. County is in a state very unfit for the 



Kesolves, 1790. — May Session. 97 

same keeping of Prisoners — & it is necessary that a new 
one should be speedil}^ built — Therefore 

Resolved that James AtJiearn Shubael Cottle JSFathh 
Bassett & Benjamin Bassett Ehenezar 8m{th &.■ Wil- 
liam Jernigen Esquires with Benjamin Smith Esq. the 
Sheriff of sd. County be impowered to agree & deter- 
mine upon the place Avhere sd. new Goal shall be built 
— due notice of the time & })lace of meeting for the con- 
sideration of the subject, to be given by James Athearn 
Esq. June 1,1790. 

Chapter 3. 

RESOLVE ON THE PETITION OF ABRAHAM HOLMES, ESQ., ON 
BEHALF OF BENJAMIN LAWRENCE. 

On the petition of Abralunn Holmes in behalf of Ben- 
jamin Laivrence praying that the Treasurer of this Com- 
monwealth be directed to make out & deliver to the sd. 
Benjamin Notes to the Value of thirty three jwimds of 
the late Money of the State of Massachusetts Bay, which 
sd. sum was mislaid in the Treasurers Office & no Note 
given therefor. 

Resolved, that the prayer of sd. Petition l)e granted & 
that the Treasurer of this Commonwealth be and hereby 
is directed to issue to the sd. Benjamin Lawrence Notes 
of the Tenor of consolidated Notes to the Amount of 
the Value of thirty three pounds at the time said Money 
was delivered into the Treasurer's Office with Interest 
from that time untill the issuing said Note, and that the 
Treasurer take sd. Money & deface the same or dispose 
of it as the other State's Money which was brought into 
the Treasury. June 1 , 1 790. 

Chapter 4. 

RESOLVE ON THE PETITION OF ABRAHAM WASHBURN, AU- 
THORIZING THE COMMITTEE OF ACCOUNTS TO GIVE A CER- 
TIFICATE FOR HIS WAGES, AS A CONTINENTAL SOLDIER. 

On the Petition of Abraham Washburn praying that he 
may be Authorised & empowered to draw the waiges due 
to his Son Abiezer Washburn deceased a Soldier in the 
late Continental Army. 

Resolved that the Prayer of said Petition be so far 
granted as that, the Committee- ai)pointed to Methodise 
and state the public Accounts of this Commonwealth be, 
and they arc hereby Authorised and empowered to Cer- 



98 Resolves, 1790. — May Session. 

tify to the Governour & Council the sum due to the said 
Ahiezer WasJiburn in the same manner they woukl have 
done if seasonable Application had been made to them for 
that purpose, any resolve to the Contrary notwithstanding. 

June 2, 1790. 

Chapter 5. 

RESOLVE ON THE PETITION OF WILLIAM COURTIS, ELIZA- 
BETH COURTIS AND WILLIAM SHIRLEY. 

On the Petition of William Courtis Esq. and Eliza- 
beth Courtis widow, bothe oi Marhlehead in the County 
of Essex and Administrators of the Estate of William 
Courtis late of that place deceased Intestate, and also on 
the Petition of William Shirley of that place Sail maker. 

Resolved, That the l)argain of the said deceased made 
in his life time with the said William Shir-ley shall and 
may be, carried into effect Ijy the said William Courtis 
and Elizabeth the Petitioners as Administrators, of the 
said deceased's Estate, and agreeable to the prayer of their 
Petition and of the Petition of the said William Sliirley. 
And the said Administrators are hereby licenced and 
authorised in their said Capacity, in consideration of the 
sum of One hundred poimds Currency paid by the said 
Shirley to the said deceased on the 22d. day of July 
1778, to convey and confirm to the said Shirley his heirs 
and assigns by a good and sufficient Deed that certain 
single house with the land thereto belonging situate in 
said Marblehead by the House late of Benjamin Marston 
Esqr. and joining on his land and on land now or late of 
Joseph Roundey, wnth the Privileges and Appurtenances 
thereof, being the same House and Land bargained to the 
said Shirley by the said deceased in his lifetime, a mem- 
orandum in writing of which bargain was made in presence 
of the said deceased on the said 22d. day of Jidy A. D. 
1778, to hold to the said Shirley in fee simple. 

June 2, 1790. 

Chapter 6. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF WILBRA- 
HAM, IMPOWERING THE SAID TOWN TO CHOOSE A COLLEC- 
TOR OF TAXES. 

On the petition of the Select Men of the Tow^n of Wil- 
braham seting forth that one of the Constal)les of said 
Town who had commited to him sundry Kate Bills or 
Assessments to collect beino; in failing circumstances the 



Resolves, 1790. — May Session. 99 

Inhabitants of the Town aforesaid adjudging it not pru- 
dent to intrust said Constable with the Collection of the 
monies assessed they the said Select Men received back 
from said Constable the Bills & Assessments aforesaid — 
and thereupon praying that said Town may be authorized 
and irapowered to choose and appoint another Constable 
or Collector in his room or stead. 

Resolved for Reasons set forth in said Petition that the 
said Town be authorized and impowered to choose & ap- 
point another Constable in the same way and manner that 
they might or could have done had the Constable afore- 
said been taken on Execution ; and the Constable thus 
choosen shall have full power and authority to enforce the 
Collection of monies due on said Bills or assessments and 
the same proceedings shall and may be had in the prem- 
ises as are designated and specified in that part or para- 
graph (relative to Constables or Collectors taken on 
Execution) of an Act intitled *'an Act for enforcing the 
speedy payment of Rates & Taxes and directing the proc- 
ess against deficient Constables and Collectors." 

June 2, 1790. 

Chapter 7. 

RESOLVE ON THE PETITION OF DANIEL LOLLER, GRANTING 
HIM £.7 18 4, FOR SERVICES IN THE CONTINENTAL ARMY. 

On the petition of Daniel Loller a disabled soldier 
praying for a part of his wages which he has not hitherto 
received. 

Resolved that there be allowed & paid out of the treas- 
ury of this Commonwealth to Daniel Loller a Soldier in 
the late 12th. Masss'tt. Regiment the sum of Seven pounds. 
Eighteen shillings & four j^ence, the same being due to 
him for his services in said Regiment, and that the same 
be paid in the way & manner as other soldiers of the said 
Regiment were paid, any law or resolve to the contrary 
notwithstanding. June 2, 1790. 

Chapter 8. 

RESOLVE ON THE PETITION OF DEBORAH FULLER, LOT EATON, 
JOB EATON, JABEZ EATON AND AMOS COOK, DIRECTING 
THE COMMITTEE FOR SETTLING WITH THE ARMY TO CERTIFY 
THE SUM DUE TO THEM FOR SERVICES IN THE CONTINENTAL 
ARMY. 

On the Petition of Deborah Fuller, Lot Eaton, Job 
Eaton, Jabez Eaton and Amos Cook. 



100 Resolves, 1790. — May Session. 

Resolved that the Committee for stating and methodiz- 
ing accounts, be and hereby are directed to certify to the 
Governour and Council the sum or sums of money which 
may appear to be due to Joshua Eaton for his service in 
the Continental Army for the first three years service, any 
Law or resolve to the Contrary notwithstanding. 

Jime 5, 1790. 

Chapter 9. 

RESOLVE ON THE PETITION OF OBED HUSSEY. 

Whereas payments are sup[)osed to have been made 
towards the Bond on which the suit set forth in the petition 
of Obed Hnssei/ was brought, which payments were not 
shewn to the Court when chancering the Bond : therefore 

Resolved: that, notwithstanding judgment on said Bond 
was rendered on default, the said Obed Hussey be & is 
hereby empowered, to bring his writ of Review of said 
Suit for a new Chancery of the same Bond to the Supreme 
Judicial Court next to be holden at Boston on the last 
Tuesday of August next against Neliemiali Rand Admin- 
istrator of the estate of Willia?n Tufts deceased, and the 
said Supreme Judicial Court are hereby empowered to 
chancer said Bond in the same manner as if the said Obed 
Hussey was in the ordinary Course of Law entitled to a 
writ of Review of the Suit aforesaid. Jane 5, 1790. 

Chapter 10. 

RESOLVE DIRECTING THE TREASURER TO PAY NATHANIEL 
BASA AND JOHN LOOK, TWO SOLDIERS IN THE LATE CON- 
TINENTAL ARMY, THE SUMS DUE TO THEM OUT OF TAX 
NO. 5. 

Whereas Nathaniel Basa and John I^ook two soldiers 
in the late continental Army for nine months in Col. 
Shephard's Regt. were not able to draw their respective 
wages out of the Treasury of this Commonwealth for 
their services on account of their being respectively made 
up by wrong names in the roll, which names have been 
since rectified and the funds which were appro[)riated for 
the payment of said wages l)eing absorbed : 

Resolved, that the Treasurer of this Commonwealth be 
and herel)y is directed to pay to the said Nathaniel and 
John out of the specie part of Tax No. five such sums as 
are respectively due to them for said services. 

June 4, 1790. 



Resolves, 1790. — May Session. 101 



Chapter 11. 

RESOLVE MAKING AN ADDITIONAL ALLOWANCE TO THE MAN- 
AGERS OF THE STATE LOTTERY. 

Whereas the allowance of hvo per cent, granted to the 
INIanagers of the State Lottery, for their services in 
managing said Lottery, appears to l)e insufficient, & it 
also appearing reasonable that a further allowance should 
be made to them for their services in Managing said 
Lottery : 

Bewlved, that in addition to the iwo ^ cent, allowed 
to the said Managers, there ))e, & hereby is allowed one 
per cent, for their services on the sale of the Tickets, 
in the third class of the said Lottery, & in the succeeding 
Classes. June 4, 1790- 



Chapter 12. 

RESOLVE ON THE PETITION OF JOSEPH AARON, EMPOWERING 
THE GUARDIANS OF THE GRAFTON INDIANS TO SELL THE 
LANDS MENTIONED. 

On the Petition of Joseph Aaron an Indian Native pray- 
ing that he may have leave to sel a piece of his Land. 

Resolved that the Guardians of the Grafton Indiens be 
and they are hereby empowered to make sale of Eleven 
acres and a half of Land ])elonging to the said Joseph 
for the most the same will fetch at private or publick sale 
and to make and Execute a good and sufficient Deed or 
Deeds thereof in their said Capacity to the purchaser or 
purchasers and to apply the proceeds of such sale to the 
l)enctit of the said Joseph Aaron they to be accountable 
for the same to the Gcnl. Court. June 4, 1790. 



Chapter 13. 

RESOLVE EXPRESSING THE OPINION OF THE LEGISLATURE 
THAT IT IS EXPEDIENT FOR CONGRESS TO ASSUME AND 
PROVIDE FOR THE PAYMENT OF THE DEBTS OF THE SEVERAL 
STATES, AND INSTRUCTING THE MEMBERS OF THIS STATE 
UPON THE SUBJECT. 

Resolved as the opinion of this Legislature, that it will 
not only be just & reasonable, but highly exi)edient that 
the Government of the United States should Assume & 
provide for the payment of those debts which the several 



102 Kesolves, 1790. — May Session. 

States contracted during the late war, for the following 
reasons viz: — 

Because those debts were contracted for the same pur- 
pose, with the debts, for which the securities of the United 
States were given, to ivit, the coinmon defence; 

This measure will lay a broad basis for lasting good 
will and harmony among the several States, & the numer- 
ous individuals who compose them ; as it will shew an 
equal regard to the different descriptions of public credit- 
ors, who have made advances for the same general pur- 
pose, & are entitled to equal notice ; 

Because a revenue by excise being necessary for the 
payment of these debts, such a revenue Avill be far more 
productive under the conduct of the general government, 
than under that of the seperate States, without encreas- 
ing the l)urthen upon the people, & at the same time, 
those interferences & evasions, emulations and jealousies 
which must be the unavoidable consequence of partial 
State regulations, will be prevented ; 

And beside many other important consequences which 
would ensue, this measure will tend most effectually 
to secure to the United States the due collection of all 
their revenues, to equalize the burthens of the several 
States, & to prevent the too frequent operation of large 
direct taxation. 

And it is further Resolved, that his excellency the Gov- 
ernor be requested as soon as may be, to write to the 
Senators, Eepresenting this Commonwealth in the Con- 
gress of the United States giving them notice, that they 
are instructed by this Legislature to apply to Congress to 
assume the public debt of this State & make provision for 
the payment of the same as part of the debt of the Union, 
and at the same time to communicate to the Representa- 
tives of the people of this Commonwealth in Congress 
the sentiments of this Court on the foregoing subject. 

June 4, 1790. 

Chapter 14. 

RESOLVE ON THE PETITION OF THOMAS WALKER IN BEHALF 
OF THE TOWN OF SUDBURY. 

On the Petition of Thomas Walker in behalf of the 
Town of Sudbury, for the liberation from Goal of 
Augustus Moore a deficient Collector of the said Town 
of Sudbury. 



Resolves, 1790. — May Session. 103 

Resolved that the Keeper of the Commonwealths Goal 
in Oamhridge in the County of Middlesex be and he 
hereby is directed to liberate the said Augustus Moore 
from his confinement in said Goal, on Account of his 
deficiency in the collection & [)ayment of what was com- 
mitted to him of Tax No. Six as a Collector of said 
Sudbury, he first i)aying- all Cost & Charge which has or 
may arise on account of his said counnitment and the 
Inhabitants of the said Town of Sudbury still remaining 
chargeable to the Commonwealth for the discharge & pa^y- 
ment of the whole of said deficiency in the same manner 
as tho' no Order had passed for the liberation of the said 
Augustus Moore. June 5, 1790. 

Chapter 15. 

RESOLVE AUTHORIZING THE SECRETARY AND CLERKS OF THE 
SENATE AND HOUSE OF REPRESENTATIVES, TO CONTRACT 
FOR THE PRINTING BUSINESS THE ENSUING YEAR. 

Resolved that John Avery Jr. Saml. Coojper & George 
R. Minot Esqrs. be, & herel)y are appointed with full 
power & authority to contract for the printing business 
of this Commonwealth the year ensuing, on reasonable 
terms, not to exceed the terms given the year past. 

June 5, 1790. 

Chapter 16. 

RESOLVE ON THE PETITION OF THE TOWN OF EASTHAM, ABAT- 
ING SAID TOWN £.50, IN THE TAX OF MARCH, 1788. 

On the petition of the inhabitants of the Town of 
Eastham praying for almtement of their taxes. 

Resolved, that, the prayer of the said [)etition, be so far 
granted, that, the said Town of Eastham, be and they 
hereby are abated the sum of ffty Rounds of the Tax 
required of the said Town, in and by the Tax granted, 
March 1788, and the Treasurer is hereby Directed to 
credit, the said Town, the aforesaid sum oi fifty pounds 
accordingly. June 10, 1790. 

Chapter 17. 

RESOLVE ON THE PETITION OF THE TOWN OF SOUTHBOROUGH, 
REMITTING A FINE LAID ON THE SAID TOWN FOR NEGLECT- 
ING TO CHOOSE A REPRESENTATIVE IN THE YEAR 1788. 

On the Petition of the Town of Southborough praying, 
that the fine, Set to the said Town, for neglecting to Chuse 



104 Kesolves, 1790. — May Session. 

u Representative, to Represent them, in the General Court 
in the year 1788 may be remitted. 

Resolved tliat the prayer, of the said Petition ])c granted, 
and that the Sum of thirty pounds Set to the said Town 
of Sontlihoroiigh, as a fine, for the said Town, to pay in 
Consolidated Securities of this Government, for neglect- 
ing to Chuse a Representative to send to the General 
Court, in the year 1788 be remitted, and the Treasurer is 
hereby directed to Govern himself accordingly. 

Jxine 9, 1790. 

Chapter 17a.* 

UESOLVE ON THE rETITION OF COMMITTEES OF THE TOWNS OF 
PEMBROKE AND HANOVER. 

On the petition of Samuel Goold and others Com- 
mittees of the towns of Pembroke and Hanover praying 
that the obstructions may be removed Avhich prevent the 
fish called Alewives from [)assing up the stream that 
divides the said towns. 

Resolved that the Committees aforesaid notify the own- 
ers of the mills & dams on said stream to appear on the 
second tuesday of the next setting of the General Court 
and shew cause if any they have why the prayer of said 
petition should not be granted, by serving him with an 
attested copy of their petition and this order thereon four- 
teen days at least before said day. June 9, 1790. 

Chapter 18. 

KESOLVE DIRECTING THOMAS COOK, ESQ. COLLECTOU OF IM- 
POST AND EXCISE FOR DUKES COUNTY, TO SETTLE HIS 
ACCOUNT WITH THE TREASURER ON OR BEFORE THE FIRST 
OF SEPTEMBER NEXT. 

Whereas Thomas Cook Esquire Collector of Impost and 
Excise for the County of Dukes County has rendered no 
account whatever of his Collections to the Treasurer, & 
has given no bond for the faithful performance of the 
duties of his office, therefore be it 

resolved that the said Thomas Cook on or before the 
first day of Sejytemher next duly settle his impost & excise 
accounts with the Treasurer & receiver General of this 
Comonwcalfii & pay whatever balance may ))e remaining 
in his hands ; and if the said Thomas Cook shall neglect 
or refuse so to do that the Attorney General be and he 



Not printed in previons editions. Taken from conrt record. 



Resolves, 1790. — May Session. 105 

hereby is directed in due course of law to prosecute the 
said Cook to final judgment and Execution as the Com- 
monwealths receiver of the said duties of impost and excise. 

Jane 9, 1790. 

Cliapter 19. 

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 sJdllings, to each Mem- 
ber of the Honorable Council, and the sum of six sh'dlings 
and six j)ence to each Member of the Senate ; and the 
sum of six shillings to e^ch Member of the House of Rep- 
resentatives, for each days attendance in the Council, or 
the General Court, the present Session ; also the further 
sum of one days pay for every ten miles Distance, each 
Member lives from this place. 

And it is further resolved, That there be granted and 
l)aid out of the pul)lick Treasury of this Commonwealth, 
to the Honorable Samuel Phillips Junr. Esq., President 
of the Senate, and to the Honorable David Cobb Esq. 
Speaker of the House of Ilepresentativcs Jive shillings per 
day, each, for each days attendance on the General Court, 
at their present sitting, over and above their respective 
pay, as Members thereof. June 9, 1790. 

Chapter 20. 

RESOLVE ON THE PETITION OF CHARLES CUSHING, ESQ., 
GRANTING HIM £70. 

On the petition of Charles Cushing clerk of the Su- 
preme Judicial Court. 

Resolved that there be allowed & paid out of the 
Treasury of this Commonwealth unto the said Charles 
Cushing in full for his services as clerk aforesaid for the 
year one thousand seven hundred & eighty nine the sum 
of Seventy Pounds lawful money. June 9, 1790. 

Chapter 30a.* 

ORDER DIRECTING THE SECRETARY TO FURNISH THE ATTOR- 
NEY GENERAL WITH A LIST OF TOWNS WHICH HAVE NOT 
MADE RETURNS OF VOTES. 

Ordered that the Secretary furnish the Attorney Gen- 
eral with a list of those towns which have been delinquent 

• Not printed in previous editions. Taken from court record. 



106 Kesolves, 1790. — May Session. 

in not returning their votes for Governor, Lieutenant 
Governor and Senators the present year, in order that 
they may be prosecuted for such delinquency as the law 
directs. June 9, 1790. 

Chapter 31. 

RESOLVE DIRECTING THE TREASURER TO PAY OUT THE COP- 
PER CENTS IN HIS OFFICE, AT THE RATE MENTIONED. 

Resolved that the treasurer l)e & he hereby is directed 
to pay out the cojjper Cents now in the treasury, in dis- 
charge of the debts due from the Commonwealth, at the 
rate of one hundred & eight cents for six shillings lawful 
money, subject however to such appropriations as have 
been or may be made by the legislature of the other public 
monies in the treasury & that the Treasurer receive the 
same in payments at the same rate, any law or resolve to 
the contrary notwithstanding. June 10, 1790. 

Chapter 23. 

RESOLVE ON THE PETITION OF ELIJAH HUNT. 

On the Petition of Elijah Hunt late Collector of Excise 
for the County of Hampshire. 

Resolved, that the Treasurer of this Commonwealth be, 
and he is hereby authorised and directed, to suspend 
untill the third Wednesday of ye next Session of ye 
General Court the final adjustment of the said Hunt's 
Account as Collector as aforesaid, so far as respects two 
certain Orders which have been received by said Hunt 
and are offered by him in part discharge of said Account, 
and which Orders appear to have been forged and altered. 

Provided Nevertheless, that it shall be the duty of the 
.said Hunt, to give to the Attorney General, information 
of such Forgery, with such description of the i)crson from 
whom said Hunt received the said Orders, as he is now, 
or shall hereafter be able to give, and shall otherwise use 
his best endeavours to discover such Offender. 

June 10, 1790. 

Chapter 33. 

RESOLVE ON THE PETITION OF JOSEPH MUDG, JR. 

On the Petition of Joseph 3Iudg jr. and the Selectmen 
of the Town of JSfeedham praying that the doings of the 



Resolves, 1790. — May Session. 107 

said Mudg as an Auctioneer may be Confirmed their not 
having Conformed strictly to the Law in that case, Not- 
withstanding. 

Resolved that the prayer of the Petitioners be so far 
granted that the said Josej)h Mudg have Liberty to Settle 
with the Treasurer in the same way and manner as though 
the Petitioners had lirst Complyed fully Avith the Direc- 
tions in the Law in that Case made and Provided — and 
the Treasurer is hereliy directed to Govern him self accord- 
ingly. June 11, 1790. 

Chapter 34. 

RESOLVE ON THE rETITION OF WILLIAM DONNISON, ESQ. 
DIRECTING THE TREASURER TO DISCHARGE THE GRANT 
MADE TO HIM P^OR SERVICES AS ADJUTANT GENERAL. 

On the petition of William Donnison Esqr. praying he 
may Receive the grant made him the Last Sessions of the 
Last General Court for his Services the two years Last 
past, as Adjutant General of this Commonwealth. 

Resolved that the Treasurer of this Commonwealth be 
and he hereby is empowered and Directed to pay the 
Grant Aforesaid out of the first monies that shall come 
into the Treasury not already appropriated. 

June 11, 1790. 



Chapter 35. 

RESOLVi: ON THE PETITION OF JOSIAII MILLS, DIRECTING 
THE TREASURER TO ISSUE NOTES TO HIM IN LIEU OF 
THOSE DRAWN ON A FORGED ORDER. 

On the Petition of Josiah Mills late a Soldier in the 
fifth 3Iassachusetts Regiment representing that his depre- 
ciation Notes have been drawn by one William Tucker 
on a forg'd Order, and praying the consideration of this 
Court, For reasons set forth in sd. petition. 

Resolved that the prayer thereof be granted, and that 
the Treasurer be & he hereby is directed to issue to the 
said Josiah Mills the Notes due to him for his depreciation, 
amounting to the Sum of Eleven pounds, huo shillings & 
three pence, in the same way he would have done if his 
said Notes had not been drawn on a forg'd Order as afore- 
said, any Law or Resolve to the contrary notwithstanding. 

And be it further Resolved that the Attorney General 



108 Resolves, 1790. — May Session. 

be & he hereby is directed to use his best endeavours for 
apprehending the said William Tucker & bringing him 
to Justice. June 11, 1790. 

Chapter 36. 

RESOLVE ON THE rETITION OF THOMAS DEN^Y, APPOINTING 
EDMUND HEARD, ESQ. AND CAPT. EPHRAIM CARTER ADDI- 
TIONAL MANAGERS OF LEICESTER ACADEMY LOTTERY. 

On the Petition of Thomas Denny one of the Managers 
of Leicester Academy Lottery, in behalf of himself & the 
other two Managers of said Lottery, praying that two 
more Managers may be added to said Lottery for reasons 
set forth in said petition. 

Resolved that the prayer of said petition be granted & 
that Edmund Heard Esqr. & Capt. Epiiraim Carter both 
of Lancaster in the County of Worcester be & hereby are 
ap[)ointed additional Managers of the Leicester Academy 
Lottery who shall be sworn to the faithful discharge of 
their trust, & shall together with JosejyJt Allen Esqr. of 
Worcester, Messrs. Thomas Newell & Thomas Denny, 
managers already ap})ointed give security to the Treasurer 
of this Commonwealth in the sum required in the Act 
granting a Lottery for the benefit of said Academy — And 
the aforesaid Joseph Allen esqr. Thomas Newell, Thomas 
Denny, Edmund Heard esqr. & Ephraim Carter, or any 
three of them are hereby impowered to transact the busi- 
ness of said Lottery in the manner, & subject to the rules 
& regulations required in the act aforesaid. 

Jane 11, 1790. 

Chapter 26a.* 

ORDER ON THE PETITION OF ELISIIA RICHARDSON AND MOSES 
FISHER. 

On the Petition oi Elisha Eichardson and Moses Fisher, 
praying that they with that part of their Estates which 
lieth in the West Precinct in Medway, may be set off 
from the said Precinct, and annexed to the Town of 
Fi'anklin. 

Ordered that the said Elisha Richardson and Moses 
Fisher, notify the said West Precinct in Medway ]>y 
serveing the Clerk of said Precinct with an attested Copy 
of the said Petition and this Order thereon thirty Days 
at least previously to the second Wednesday of the next 

* Not printed in previous editions. 



Resolves, 1790. — May Session. 109 

Session of the General Court, to shew Cause if an}^ they 
shall have, on the said Day, why the Prayer of the said 
Petition should not be granted. June 11, 1790. 

Chapter 37. 

RESOLVE DISCHARGING THE COMMITTEE APPOINTED IN JUNE 
LAST TO EXCHANGE CONTINENTAL FOR STATE SECURITIES. 

Resolved, That the Committee appointed by a Resolve 
of the general Court June 19th. 178i), for the purpose of 
exchanging Continental Loan office Certificates, & final 
settlements, for the consolidated Notes of this Common- 
wealth, be & hereby are discharged from prosecuting 
any farther the Business committed to them ; & that the 
Aforesaid Committee, so far as they have proceeded in the 
Exchange, have conducted the Negotiation to the satisfac- 
tion of this Court, & agreal)ly to the principles of their 
Commission. June 12, 1790. 

Chapter 38. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF CAMBDEN 
RELATIVE TO THEIR TAXES. 

On the Petition of the Inhabitants of the Plantation of 
Cambden Praying for abatement of Taxes. 

Resolved, that, the assessors, of the said plantation, be 
and hereby are directed, with out delay to assess upon the 
inhabitants thereof, agreably to Law^ and make return 
of said assessments, to the Treasurer of this Common- 
wealth, the Sum o^ Ninety eight Pounds two shillings Set 
on the said plantation in Tax No. 5, also the Sum oi twenty 
one jmunds five shillings & two jience Set on said })lanta- 
tion in Tax No. 6; also the further Sum of Te)i pounds, 
one shilling Set on said plantation in Tax No. 7. 

And it is further Resolved, that, the said plantation may 
Discharge themselves of the aforesaid Sums in the following- 
Manner, (viz) by api)lying the sums Set on said planta- 
tion in Taxes No. 5, & No. 0, to the Support, of a 
teacher of piety religion & moraliety, a School or Schools, 
& makeing & repairing roads, in said plantation in Such 
Proportion, as Said inhabitants, (at a meeting for that 
Purpose) Shall judge most Conducive to their General 
good ; also by paying into the Treasury of this Common- 
wealth the sum Set on Said plantation in Tax No. 7, on 
or befor the first day of October next. 



110 Eesolves, 1790. — May Session. 

Provided that, the said plantation, shall, in one year 
from the first day of September next, Produce to the 
Treasurer of this Commonwealth, a Certificate, under the 
hands of the assessors, or Clerk of the said plantation ; 
shewing, that, the said plantation, have complied with the 
true intent and meaning of the aforegoing resolve ; and 
the said Treasurer, is hereby directed, on receiving the 
aforesaid certificate, to discharge the said plantation, from 
the two first 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 accordingly. 

June 12, 1790. 

Chapter 39. 

RESOLVE ON THE PETITION OF ABIGAIL BORDWELL AND 
EBENEZER BORDWELL. 

On the Petition of Abigail Bordwell & Ebenezer Bord- 
well of Shelburne in the County of Hampshire. 

Resolved, That Abigail Bordwell, one of the Petitioners 
aforesaid, and Widow of Enoch Bordwell late of said 
Shelburne deceased, Be & she is hereby authorized & 
empowered to make & execute to the aforesaid Ebenr. 
Bordivell his Heirs & assigns forever, a Deed of two 
certain Tracts of land lying in Shelburne aforesaid, & late 
the property of said deceased, viz. one Tract of land con- 
taining twenty five acres lying on the South side of the 
Lot No. 24 in the South half of said Shelburne, being 
twenty one rods in width, and extending the whole length 
of said Lot, and the other Tract of land containing fifty 
one acres lying on the Southerly part of Lot No. 21 in 
the same half of said Shelburne, to extend from the East 
line of said Lot Westerly, one hundred & three rods — 
and from the South line thereof Northerly Ninety rods, 
the lines of the same tract to be Parallel with the original 
lines of the lot, which Deed, given & executed as afore- 
said, shall be good in law to the said Ebenezer his Heirs 
& Assigns forever. June 12, 1790. 

Chapter 30. 

RESOLVE ON THE PETITION OF NEHEMIAH H OLDEN GRANTING 
TO SUNDRY PERSONS 238 ACRES OF LAND. 

On the petition of JSTehemiah Holden Praying for a 
grant of Land, to make up the Deficiency of a former 



Resolves, 1790. — May Session. Ill 

grant, made to him, by the General Court in the year 
1773, which was not Confirmed to him, by the then, 
General Court. 

Whereas it appears to this Court, that, Nehemiah Hol- 
den and others mentioned in liis said petition, are Justely 
intitled to a grant of two hundred and thirty eight acres 
of the unlocated Lands belonging to this Commonwealth, 
hj reason that the whole of the lands expressed in their 
original Grant was not hiid out to them : 

Resolved, that, there be, and herel^y is Granted, unto, 
Caleb Holden, A^nos Holden, Isaiah Holden, Nehemiah 
Holden, David Holden, Sarah Ilartwell, Rachel Gould, 
and Hannah Blood, their Heirs and assigns two hundred & 
thirty eight acres of Lands, to be Set ofi" to them in some 
convenient Place, by the Committee appointed, to dispose 
of the unlocated Lands belonging to this Commonwealth, 
which shall be in full of a Grant, made to the aforesaid 
Persons, in the year, One thousand seven hundred & 
seventy three. June 12, 1790. 



Chapter 31. 

RESOLVE DIRECTING THE TREASURER TO BORROW^ £.150 TO 
PAY RICHARD DEVENS, ESQ. AND OTHERS, A WARRANT. 

Whereas by a Resolve of the General Court passed 
Fehy. 1st. 1790 the Sum of one hundred & fifty pounds 
was allowed out of the Treasury of this Commonwealth for 
the purpose of enaljling Ricluird Devens Esqr. & others 
a Committee of the General Court to purchase the Land 
finish the light House on Portland Head & erect a Small 
building for the person to live in who should l)e appointed 
to keep said Light — And whereas no provision was made 
in said Resolve determining out of what funds the said 
Sum should be paid, & the Treasurer does not think 
himself authorised to discharge the Warrant which was 
drawn upon him for the payment of sd. Sum in any wa}^ 
whatever : Therefore Resolved that the said Treasurer be 
& he is hereby directed to Borrow the aforesaid Sum to 
enable him to discharge said Warrant the same to be repaid 
out of the first moneys that come into the Treasury upon 
tax No. Six not otherwise appropriated. 

June 14, 1790. 



112 Resolves, 1790. — May Session. 



Chapter 32. 

RESOLVE ON THE PETITION OF HANNAH THOMAS, AN INDIAN 
WOMAN, EMrOWERING THE GUARDIANS OF THE NATICK 
INDIANS TO SELL THE LAND MENTIONED. 

On the Petition of Hannah Thomasi an Indian woman 
praying that aliout forty acres of land Belonging to the 
said Hannah May ])e sold for Resons set forth in said 
Petition. 

Resolved that the Guardians to the said Hannah be, 
and they are hereby, Empowered to Sell the aforesaid 
land by pul)lick Vendue or private Sale as they shall think 
Best, and to Execute a Good Deed or Deeds to the pur- 
chaser or purchasers of the aforesaid land ; the Money 
ariseing from said Sale, to be Appropriated to the pay- 
ment of the debts of sd. Hannah and if there should be 
any surplusage after sd. debts are paid, it shall be for the 
use of sd, Hannah, at the discretion of sd. Guardians — 
the Gvjardians to be accountaljle for sd. money. 

June 14, 1790. 

Chapter 33. 

RESOLVE CONSTITUTING THE NOTARY RUBLIC FOR THE TOWN 
OF PENOBSCOT, NOTARY PUBLIC FOR THE COUNTY OF 
HANCOCK. 

Whereas by a Resolution of the General Court passed 
the 10th. of Jtme 1789 it is Resolved that there should 
be Appointed at the then Session, and Annually forever 
thereafter an Additional Notary Pul)lio for the County of 
Lincoln to reside in the Town oi Penobscot — And Whereas 
by an Act made and passed June 25th. 1789 the said Town 
of Penobscot is made a part of the County of Hancock : 

Resolved that the Notary Public chosen the present 
Session (or that may hereafter l)e chosen) for the Town 
of Penobscot shall be deemed and taken to be a Notary 
Public for the County of Hancock to reside in the said 
Town of Penobscot any Resolve to the Contrary notwith- 
standing. June 14, 1700. 

Chapter 34. 

RESOLVE CONFIRMING THE DOINGS OF THE TOWN OFFICERS, 
NOTWITHSTANDING THEY HAVE NEGLECTED TO TAKE THE 
OATH OF ALLEGIANCE. 

Whereas by a Resolve of the Lei!:islature j^assed the 
Tenth of March A D 1787, it is required that the Select- 



Resolves, 1790. — Mat Session. 113 

men, and other Town Officers in sd. Resolve mentioned, 
Should previous to their entering on the Execution of their 
Respective Offices, take and Subscribe the oath of Allegi- 
ence to this Commonwealth : And whereas the Reasons 
which made the provision in sd. Resolve then Necessary, 
do now cease to exist : Therefore 

Resolved that the sd. Resolve, together with all the 
Resolves in addition thereto, be, and, they hereby are 
Repealed and made null and void. 

And 1)e it further Resolved, that in all and every In- 
stance where the said Selectmen and other Town Officers, 
have neglected taking the Oath Required l)y said Resolve ; 
their doings Shall be, and they hereby are, confirmed and 
established, as fully as if they had taken the sd. oath. 

Jwie 15, 1790. 

Chapter 35. 

RESOLVE ON THE PETITION OF STEPHEN TORRET; TREAS- 
URER DIRECTED. 

On the petition of Stephen Torrey praying that he may 
be paid his wages as made up in Captain Nathaniel Bea- 
man^s pay roll for four months Service in the Year A D 
1787 for reasons Set forth in the Said petition. 

Resolved that the Treasurer of this Commonwealth be 
and he hereby is, empowered and Directed to p»y the 
Said Stephen Torrey the wages made up to him on the 
Aforesaid Pay roll — the Said wages having been Drawn 
by a forged Certificate, notwithstanding. 

June 16, 1790. 

Chapter 36. 

RESOLVE ON THE PETITION OF SAMUEL FOSTER AND OTHERS, 
CLERl!:S IN THE TREASURER'S OFFICE, ESTABLISHING THEIR 
PAY. 

On the Petition of Samuel Foster and Others C larks in 
the Treasurers office. 

Resolved for Reasons set forth in said petition that the 
prayer thereof be granted and that there be paid to Each 
of the Clarks employed in the Treasurers office aforesaid 
Seven Shillings pr. Day from and after the time of passing 
this Resolve for the time they may be employed in the 
office aforesaid as may appear by their account certifyed 
by the Treasurer. ' June 16, 1790. 



114 Resolves, 1790. — May Session. 



Chapter 37. 

RESOLVE FOR ERECTING A STONE MONUMENT ON THE SOUTH- 
ERLY LINE OF THE OLD COLONY OF MASSACHUSETTS, AND 
APPOINTING LEMUEL KOLLOCK, ESQ. A COMMITTEE FOR THE 
PURPOSE — HE TO REPORT. 

Resolved that a Stone Monument l)e Erected on the 
Southerly Lhie of the okl Colony o^ Massachusetts in the 
Place where the Late Station or Angel tree formerly stood ; 
said Monument to Consist of one Stone of Sufficient Length 
above Ground, to have ingraven on Each Side, the several 
letters set on said tree by the Commissioners appointed 
by the old Colony of Plymouth and the Massachusetts, 
and the Date when said Bound was first made, also this 
In[s]cription. viz. This Monument is erected by order 
of Government to Perpetuate the Place where the Late 
Station or angle tree formerly stood — 

And be it further Resolved that Lemuel KoUock Esqr. 
be a committee to cause the said Monument to be erected 
& ingraven as above directed and that he Make a Return 
of his doings into the Secretary s office With a Certificate 
from under the Hands of the Selectmen of the Towns of 
Wrentham & Attleborough or the Major Part of them 
sworn to before some Justice of the Peace certifying that 
said Stone is erected in the same spot where the said 
station or angle tree formerly stood & is one of the Bounds 
between said Towns, & lay his account before this Court 
for allowance and payment. Jtme 16, 1790. 

Chapter 38. 

RESOLVE ON THE PETITION OF ALEXAA^DER MURRAY. 

On the Petition of Alexander Murray seting forth that 
by the Permission of the General Court he now lives on, 
& in [«i] proves, part of a Farm Lying in Rutland in the 
County of Worcester, which was heretofore owned by His 
Father John Murray Late of said Rutland a Conspiritor, 
Praying that the fee of said farm may be Vested in him 
& his heirs — For Reasons set forth in said Petition — 

Resolved that the Prayer thereof be so iar Granted, 
that the Improvement of the farm on which Alexander 
Murray now lives Lying in Rutland in the County of 
Worcester Bounding Easterly & Southerly on a Town 
Road, Westerly on" Land of Elijah Demons, North & 



Resolyes, 1790. — May Session. 115 

North Easterly on Land of Timothy Ruggles, & Joseph 
Buggies, Containing by Estimation seventy acres, it being 
Part of a farm formerly owned by John Murray A Con- 
spiritor, & Commonly called the Henry farm, Be & 
hereby is Granted unto the said Alexander Murray 
Dureing his Natural life. & Be it farther 

Resolved that upon the Decease of the said Alexander 
Murray the fee of the aforsaid farme shall Descend to, & 
be fully vested in, the Legal heirs of the said Alexander 
Murray forever, in such proportion as the Law Directs 
in Case of Intestate Estates. June 16, 1790. 



Chapter 39. 

RESOLVE ON THE PETITION OF SAMUEL CART. 

On the Petition of Samuel Gary praying to be Licenced 
as a Retailer of Spirituous Liquors in the Town of Spencer 
in the County of Worcester; until the next Licencing 
Term in Said County, for Reasons Set forth in Said 
Petition. 

Resolved, that any two Justices of the peace, within 
and for the said County ( Quorum unus) be, and they are 
hereby authorized and Impowred, to Licence the said 
Samuel Cary as a Retailer of Spirituous Liquors in 
said Town of Spencer, until the next Licencing Term in 
Said County ; provided that he the said Samul shall fully 
comply with the Laws in that behalf made and provided, 

June 16, 1790. 

CliApter 40. 

RESOLVE ON THE PETITION OF DAVID KINGMAN, GUARDIAN 
TO THE INDIANS IN THE COUNTY OF PLYMOUTH. 

On the Petition of David Kingman one of the Guardians 
to the Indians in the county of Plymouth Praying for an 
allowance of his account for Supporting the said Indians. 

Whereas it appears to this court that after deducting 
the neat Proceeds of the Indian lands in the Town of 
Pembroke which have been sold by order of the General 
Court, amounting in the AVhole to the sum oi one hundred 
& eleven pounds, four shillings & six pence there is still 
due to the said David Kingman to Ballance his account ' 
for supporting the said Indians, the sum of Forty j)ounds 
sixteen shillings & seven pence: 



116 Resolves, 1790. — Mat Session. 

Therefore Resolved That the said David Kingman be 
and he hereby is empowered to make sale of the residue 
of the real estate belonging to the said indians lying in 
the town of Pembroke aforesaid, for the Most the same 
will fetch & Make and execute a good & lawful Deed 
or Deeds of the same to the purchaser or Purchasers 
Thereof: and apply the proceeds of such sale towards 
the payment of the above said Ballance ; and be it further 

Resolved that the' said David Kingman shall Exhibit 
to the Treasurer of this commonwealth an Account of the 
sale of the lands last Mentioned and the proceeds thereof, 
by him Subscribed and Sworn to before some Justice of 
the peace within the said County, and the said Treasurer 
on receiving such account is hereby Ordered and directed 
to pay to the said David Kingman out of the first moneys 
which shall be in the Treasury not Appropriated, the 
Ballance which shall Appear to be due to the said David 
Kingman after deducting the proceeds of the Sale afore- 
said. June 17, 1790. 

Chapter 41. 

RESOLVE ON THE PETITION OF WILLIAM EATON, GRANTING 
HIM £.30 16 FOR A QUANTITY OF BEEF TAKEN FROM DEER 
ISLAND IN 1780. 

On the petition of William Eaton. 

Resolved That there be allowed and paid out of the 
Publick Treasury to William, Eaton Thirty pounds six- 
teen shillings in full for Twenty four hundred & Sixty four 
pounds, of Beef belonging to said Eaton, taken from Deer 
Island by Major Benjamin Burton for the use of the 
troops stationed at Camden in the year 1780 under the 
Command of General Wadsworth. June 17, 1790. 

Chapter 43. 

RESOLVE ON THE PETITION OF DAVID NICHOLS, AUTHORIZING 
TWO JUSTICES OF THE PEACE TO LICENCE HIM AS A RE- 
TAILER. 

On the petition of David Nichols of Dudley praying 
that he may be Licenced as a retailer in the Town of 
Dudley. 

Resolved that two Justices of the peace for the County 
of Worcester (Quorum unus,) be and they are hereby 
authorized to Licence the said David Nichols as a Retailer 



Kesolves, 1790. — May Session. 117 

in the Town of Dudley untill the Term next ensuing for 
granting licences in said CJounty he the said David com- 
plying with the requisitions of Law which \_with'\ respect 
to licensing retailers, any Law or resolve to the Contrary 
nothwithstanding. June 17, 1790. 



Chapter 43. 

RESOLVE ON THE PETITION OF SIMON FRTE, ESQ. IN BEHALF 
OF THE TOWN OF FRYEBURG, ABATING SAID TOWN THE SUM 
OF £.30 FOR THE REASONS MENTIONED. 

On the petition of inhabitants of the Town of Fryeburg 
by their agent, praying for abatement of Taxes. 

Resolved, for reasons Set forth in Said petition, that 
the prayer thereof, be So far granted, that, the sum of 
thirty Pounds, be and hereby is abated to the said town,, 
being part of the Sum Set thereon in Tax No. 6, and the 
Treasurer of this Commonwealth, is herel)y directed to 
Credit the said Town, the aforesaid Sum accordingly. 

June 18, 1790. 



Chapter 44. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF MENDOX. 

Upon the Petition of the Selectmen of Mendon. 

Resolved that the Prayer of the Petition be granted & 
the Treasurer of this Commonwealth is hereby directed to 
receive from the Selectmen of said Town of Mendon the 
sum of Tv:)0 pounds thirteen shillings & four pence lawful 
Money on Tax Number Three, committed to Moses Smith 
one of the Constables of said Town, to collect, & to give 
said Town of Mendon a full discharge from any further 
demands on account of said Tax. June 18, 1790. 



Chapter 4,5. 

RESOLVE PROVIDING FOR THE CHOICE OF REPRESENTATIVES 
FOR CONGRESS. 

Resolved that the Commonwealth he and hereby is 
divided into Eight Districts for the })urpose of electing 
eight persons to represent the })eople thereof in the Con- 
gress of the United States, each district to elect one 
representative, who shall be an Inhabitant of such District, 



118 Resolves, 1790. — Mat Session. 

and that the Division of the Commonwealth into Districts 
be as follows viz. 

The County of Suffolk to be one District. 

The County of Essex to be one District. 

The County of Middlesex to be one District. 

The Counties oi HampsJnre and Berkshire to be one 
District. 

The Counties of Plymouth & Barnstable to be one 
District. 

The Counties of Bristol, Dukes County & JSTantuckel 
to be one District. 

The County of Worcester to be one District. 

The Counties of York, Cwnberland, Lincoln, Washing- 
ton & Hancock to be one District. 

And be it further resolved that the Selectmen of the 
several Towns & Districts within this Commonwealth 
shall, in manner as the Law directs for calling ToAvn 
meetings, cause the Inhal^itants of their respective Towns 
& Districts duly Qualified to vote for representatives in 
the General Coiirt of this Commonwealth, to assemble on 
the first Monday of October next, to give in their votes 
for their respective representatives to the Selectmen who 
shall preside at said meeting, and the Selectmen or the 
major part of them shall in open Town meeting Sort & 
Count the votes, and shall form a List of the names of the 
persons voted for, with the number of votes for each 
person set against his name ; and the Town clerk shall 
make a record thereof; and the Selectmen shall Make 
public declaration in Town meeting of the Names of the 
persons voted for, and of the number of votes they respec- 
tively have, and shall in open Town meeting seal up said 
List certified by the Selectmen, and transmit the same 
within ten days, next after such meeting to the sherifi" of 
the county in which such Town lies, who shall transmit 
the same to the Secretary of this Commonwealth on or 
before the first Monday of November next : and the Secre- 
tary shall lay the same before his Excellency the Gov- 
ernour and Council ; — and in case of an Election for any 
District by a majority of all the votes returned from such 
District, his Excellency the Govcrnour is herel)y requested 
forthwith to transmit to the person so chosen a certificate 
of such choice, signed by the Governour & Countersigned 
by the Secretary. 

Provided nevertheless that such Towns & Districts as lie 



Eesolves, 1790. — May Session. 119 

within any County in which there is no Sherifl' shall re- 
turn such lists to the Secretary's office in the same term 
of time as Sheriffs are required to do it. 

And in case no person shall be chosen by a majority of 
all the votes in any district, his Excellency the Governour 
is herel)y requested to cause precepts to issue to the Se- 
lectmen of the several Towns and Districts in such Dis- 
trict, directing and requiring such Selectmen to cause the 
Inhabitants of their respective Towns and districts as 
aforesaid, to assemble as aforesaid, on a day in such 
precept to be appointed, to give in their votes for a rep- 
resentative in Congress as aforesaid, and the same pro- 
ceedings shall be had thereon in all respects as is before 
directed in this resolve, and the Select men shall make re- 
turn to the sheriff in manner as aforesaid within ten days 
next after such meeting, and the sheriffs shall make return 
thereof into the Secretary's office on or liefore such a day 
as his Excellency the Governour shall appoint in such pre- 
cept, and the Secretary shall lay the same before his Ex- 
cellency the Governour and Council and his Excellency 
the Governour is hereby requested to cause the person 
who shall be chosen as aforesaid to be served with a cer- 
tificate thereof, as aforesaid ; and the same proceedings 
shall be had so often as any district shall fail of making 
choice of a representative as aforesaid ; and his Excellency 
the Governour is requested to issue his precept accord- 
ingly. And his Excellency the Governour is further re- 
quested to send with each precept, to the Select men of 
those Towns & Districts where no person shall have been 
chosen as aforesaid a List of four persons, who had the 
highest Number of votes in such District (if so many 
were voted for) with the Number of votes each person 
had, affixed to his name. 

And be it further resolved that if the Select men of any 
Town or District shall neglect to transmit to the sheriff 
of the County to which they l)elong the list of votes as 
l)y this resolve they are directed, in every such case it 
shall be the duty of such sheriff either by himself or his 
Deputy to repair to such Select men and receive of them 
such List ; and such Select men shall Jointly and sev- 
erally be holden to pay to such sheriff the same fees as 
are by Law allowed for travail in cases of civil process, 
and such sheriff shall return such List to the Secretary's 
office as is before directed in this resolve, and it shall 



120 Resolves, 1790. — May Session. 

l^e the duty of the sheriffs of the respective Counties 
on their receiving this resolve or any precept from 
his Excellency, the Governour for the purposes men- 
tioned in this resolve to transmit the same seasonably 
to the Select men of the several Towns & Districts within 
their Respective Counties to whom they are respectively 
directed, and the sheriffs of the respective Counties 
shall be intituled to receive out of the Treasury of this 
Commonwealth the same fees for transmiting this resolve 
and the precepts aforesaid as they are allowed l)y Law for 
dispersing proclamations, and the same fees for returning 
the votes as aforesaid as are allowed by Law for returning 
the votes for Governour, Lieutenant Governour and 
Senators of this Commonwealth. 

And be it further resolved that each sheriff* who shall 
Neglect to do and perform the duties Avhich by this resolve 
he is directed to do & perform shall for each and every 
Neglect forfeit and pay to the Commonwealth a sum not 
exceeding one hundred j^ounds nor less than Jive pounds 
to be recovered by bill, plaint or information in the Su- 
preme Judicial Court in the County which such Sheriff' 
belongs ; and it shall be the duty of the Attorney Gen- 
eral to prosecute for all breaches of this resolve ; — And 
if any Select men shall neglect to do and perform the 
duties Avhich by this resolve they are directed or re- 
quired to do the Select men so neglecting shall severally 
forfeit to the Commonwealth a Sum not Exceeding thirty/ 
pounds nor less than tiventy shillings to be recovered as 
aforesaid — 

And the Secretary is hereby directed to transmit sea- 
sonably to the sheriffs of the several Counties in this 
Commonwealth Coppies of this resolve for The Selectmen 
of the several Towns and districts in such Counties re- 
spectively, to be by said Sheriffs transmited to the said 
Select men accordingly. June 18, 1790. 

Chapter 46. 

RESOLVE ON THE PETITION OF JOHN BRIDGHAM, ArPOINT- 
ING IIIM, TOGETHER WITH JOHN GLOVER, AGENTS FOR 
BAKERSTOWN AND SHEPARDSFIELD, IN BEHALF OF THIS 
COMMONWEALTH, TO ENTER UPON AND TAKE POSSESSION 
OF THE TRACT OF LAND MENTIONED, AT THEIR OWN 
RISK, COST AND EXPENCE, WITH A PROVISO. 

Whereas the General Court in the year 1788 quit 
claimed the right, title, & interest of the Commonwealth 
in a certain tract of land lying between Bakerstoion & 



Resolves, 1790. — May Session. 121 

ShepJierdsfield so called in the County of Cumberland to 
John Bridgham & others : 

And Whereas it is represented to this Court in said 
Bridgham' s petition, to be necessary, that the Common- 
wealth should enter upon & take possession of said land 
in order to vest in said Bridgham & others the right of 
said Commonwealth to said tract of land : 

Be it Resolved that the said Jolui Bridgham & John 
Glover be & they are hereby appointed Agents at their 
own risk cost & expence to enter upon &, take possession 
of said tract of land in the name & behalf of said Com- 
monwealth in as full & ample a manner, as the said Com- 
monwealth may by law do, the benefits resulting from 
the same to enure to the said JoJin BridgJiam & others. 

Provided nevertheless that nothing in this resolution 
shall be so construed as to involve this Commonwealth in 
any covenant or obligation to warrant to the said Bridg- 
ham & others, the tract of land aforesaid. 

June 19, 1790. 

Chapter 47. 

RESOLVE ON THE PETITION OF THOMAS CARPENTER, AGENT 
FOR THE I'ROPRIETORS OF A GRANT OF LAND MADE TO 
WILLIAM BULLOCK, ESQ. AND OTHERS. 

On the Petition of Thomas Carpenter Agent for the 
Proprietors of a Grant of Land Made to Williatn Bul- 
lock Esqr. & others Lying in the County of Berkshire, 
Preying for a longer Time to be allowed them to fulfill 
the Requisitions of the Grant. 

Resolved For Reasons set fourth in the Petition, that 
the Prayer thereof be Granted and the said Proprietors 
are hereby allowed the further Term of Six years from 
the Passing this Resolve, in which Time they fulfilling the 
Requisitions of said Grant shall be Intitled to the same 
Priviledges specified in said Grant, the Time therein 
Limited being Expired Notwithstanding. 

June 19, 1790. 

Chapter 48. 

RESOLVE ON TllH PETITION OF THE TOWNS OF LINCOLN, 
LITTLETON, CONIVAY, NORTHFIELD AND EDGERTOWN, 
REMITTING THE FINES ON SAID TOWNS FOR NOT SEND- 
ING REPRESENTATIVES. 

On the Petitions of the Towns of Lincoln, Littleton, 
Conway, Northjield, & Edgertown, praying that the fines 



122 Hesolves, 1790. — May Session. 

Set to the said Towns, for neglecting to Chuse represent- 
atives, to the General Court in the year 1789 may be 
remitted. 

Resolved that the prayer of the said Petitions be 
granted ; and that the sum of Eighteen Pounds Set to 
the Town of Lincoln, the Sum of Eighteen pounds Set to 
the Town of Littleton, the Sum of twenty two pounds Set 
to the Town of (Jonway, the Sum of Eighteen pounds 
Set to the Town of Nortlijield, & the sum of Eighteen 
jmunds Set to the Town of Edgertowii, as fines for the 
said Towns to pay, for severally neglecting to Chuse Rep- 
resentatives to send to the General Court in the year 1789 
be & hereby are remitted, and the Treasurer is hereby 
directed to govern himself Accordingly. 

June 19, 1790. 

Chapter 49. 

RESOLVE ON THE PETITION OF BENJAMIN BROWN, A SOLDIER, 
DIRECTING THE TREASURER TO ISSUE A NOTE OR NOTES 
FOR THE SUM MENTIONED, IT BEING DRAWN BY A FORGED 
ORDER. 

On the Petition of Beiija. Brown a Soldier in Capt. 
Hunts Company Colo. Vose's Regt. praying for his 
Wages which have been drawn by a forged Order. 

Resolved that the prayer of the Petition bo granted & 
that the Treasurer be and he is hereby directed to Issue 
to the said Benjamin Brown a Note or Notes for his 
Wages aforesaid. Amounting to Fifty Five pounds, one 
shilling and one penny, in the same way & manner as if 
the said forged Order had not been answered. 

June 19, 1790. 

Chapter 50. 

RESOLVE ON THE PETITION OF SAMUEL PARK AND OTHERS, 
ADMINISTRATORS, RENDERING NULL AND VOID THE DECREE 
OF THE JUDGE OF PROBATE FOR THE COUNTY OF MIDDLE- 
SEX, AND AUTHORIZING SAID JUDGE TO EXAMINE ALL AC- 
COUNTS AGAINST THE ESTATE OF ABNER JOHNSON, AND 
MAKE DECREE THEREON. 

On the Petition of Samuel Park & Alerriam Johnson 
Administrators on the Estate of Ahner Johnson late de- 
ceased, for Reasons set forth in said Petition. 

Resolved that the Prayer of said Petition be granted, & 
that the Decree of the Judge of Probate for the County 



Resolves, 1790. — May Session. 123 

of Middlesex iu said Petition Dientioned ])C and it hereby 
is rendered null and void ; and the said Judge of Probate 
is authorized to examine all Accounts against said Estate 
and to make Decree thereon in the same manner as though 
no Decree had been ever made respecting the settlement 
of the same Estate. June 19, 1790. 



Chapter 50a.* 

ORDER ON THE PETITION OF SAMUEL AND JOSEPH TIDD. 

On the petition of Smmiel l^idd & Joseph Tidd pray- 
ing to l)e set ofi' from the town of Western in the County 
of Worcester & annexed to the town of Brimfield in the 
County of Hampshire. 

Ordered that the petitioners notify the town of Western 
hy serving the Clerk of the said town with an attested 
copy of their petition, & this order thereon thirty days 
before the second w^ednesday of the next sitting of the 
General Court, that they may then & there appear & shew^ 
cause (if any they have) why the prayer of the said peti- 
tion should not be granted. June 19, 1790. 



Chapter 51. 

RESOLVE ON THE TETITION OF EDWARD HARMON, OF THE 
TOWN OF IVATERBOROUGH, AND EBENEZER HALL, OF SAN- 
FORD; TREASURER DIRECTED. 

On the Petition of Ediuard Harmon of the Town of 
Waterhorough & Ubenezer Hall of Sanford Praying a 
Remittance of Mony Paid by them to the Sherifl' of the 
County of Yorh by vertue of an Execution from the 
Treasurer of this Common Wealth. 

Resolved that the Prayer of said Petition be Granted 
and that there be allowed & Paid out of the Treasury 
of this Common Wealth out of the first Mony that shall 
Come into said Treasury that is unappropriated to the 
said Edivard Harmon the Sum of four Pounds ninteen 
shillings & to the said Ehenezer Hall the sum of three 
Pounds fourteen shillings in full Discharge of what they 
Paid to the Sheriff as afore Said — & that the Treasurer 
of the Commonw^ealth charge the Town of Sanford wath 
the aforesaid Sums in the next Tax. June 21, 1790. 

* Not printed in previous editions. 



124 Kesolves, 1790. — May Session. 



Chapter 5Ji. 

RESOLVE ON THE TETITION OF LYDIA PRATT, DIRECTING THE 
TREASURER TO MAKE A NOTE IN LIEU OF ONE FORGED. 

On the Petition of Lydia Pratt setting forth that the 
wages due to her late husband Jesse Pratt hite a Soldier 
in the Continental Army was drawn by a forged order 
and praying for relief in the premises. 

Resolved that the Treasurer of the Commonwealth be 
and he hereby is directed to make out to the sd. Lijdia 
Pratt a Note for the sum of Twenty four pounds ten 
shillings & six pence it being the sum due to the said 
Jesse Pratt, for his wages as aforesaid, which sum was 
drawn by one Moses Cronk on a forged Order — to be 
paid in the same way and manner as other Soldiers of the 
like description. June 21, 1790. 

Chapter 53. 

RESOLVE ON THE PETITION OF THE TOWN OF D ALTON. 

On the petition of the ToAvn of Dalton praying that a 
further time may be allowed them to Comply with the 
conditions of a Grant of two hundred & ten pounds 
fourteen shillings and tJiree pence. Granted them by a 
Resolve of the General Court passed the 22nd. of June 
1789 Being part of the taxes heretofore Required of the 
Said Town. 

Resolved that the Grant aforesaid be extended and 
Confirmed to the Said Town, on Condition that the same 
be applied to the purposes mentioned in the grant afore- 
said, or to the Support of schools in the Said Town within 
two years from the first Day of July next & provided a 
Certificate thereof of like Tenor with that mentioned in 
the aforesaid Resolve shall be produced to the Treasurer 
of this Comon wealth at the expiration of the term al)ove 
mentioned. June 21, 1790. 

Chapter 54. 

RESOLVE ON THE PETITION OF THE SELECTMEN AND TCJWN 
CLERK OF THE TOWN OF W ALP OLE. 

On the Petitions of the Selectmen and ToAvn Clerk of 
the Town of Walpole praying to be Exempted from a 
]:)enalty incured for not returning the votes for Governor 
Lieut. Governor & Senators the present j^ear. 



Resolves, 1790. — May Session. 125 

Resolved for reasons set forth in said petition that the 
prayer thereof be granted and that the Attorney Genl. 
be and he is hereby directed to suspend any prosecution 
against the Selectmen or Town Clerk of the said Town 
of Walpole for the neglect abovcsaid, anything in the 
order passed June 10th. 1790 notwithstanding. 

June 21, 1790. 

Chapter 55. 

RESOLVE GRANTING £.20 13 3, TO THOMAS WOOD, A PRIVATE 
IN COL. NIXON'S REGIMENT. 

Whereas it appears by the Books of the Committee 
for settling Army Accounts, that the sum of Twenty 
pounds, thirteen shillings & three j^ence is due Thomas 

Wood, a Private in Colo. Nixon's Regiment : 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth, the said sum of Twenty 
pounds, thirteen sliillings and three pence to the said Thos. 

Wood in the same manner other Soldiers were paid who 
did service in the year 1780, in full discharge of his Wages 
for his services in said Regement. June 21, 1790. 

Chapter 5G. 

RESOLVE GRANTING PHIXEAS EOLDEN £.193 6 8, FOR HIS AT- 
TENDANCE AS PHYSICIAN, &c. TO THE GARRISON ON CASTLE 
ISLAND. 

Resolved, That there be allowed and paid out of the 
Publick Treasury to Doctr. Phineas Holden one hundred 
Ninety three pounds Six shillings & eight pence in full 
for his account for attending the Garrison & Convicts at 
Castle Island, as a physician, and for medicine adminis- 
tered from July 20, 1785 to the 20th. of May, 1790, the 
above sum being at the Rate oi forty Pounds pr. annum. 

June 22, 1790. 



Chapter 57. 

RESOLVE DIRECTING THE COMMITTEE FOR METHODIZING AC- 
COUNTS, TO CERTIFY IN FAVOUR OF JOB PRIEST. 

Whereas it appears by the Books of ye Committee for 
Settling army accoimts, that the Sum of Seven Hundred 
and Fifty four pounds in old Currency at 32^ for one is 
now due to Job Priest for his Services as a Lieutenant in 



126 Resolves, 1790. — May Session. 

Colonel Vose's Regiment in ye Continental Army in the 
year A D. 1777 : " 

Resolved that John Deming Esq. be and he is hereby 
directed to Certify to the Governor and Council the sum 
due to the said Job Priest in the same Avay and manner 
as if he had never been directed to ye Contrary. 

June 22, 1790. 

Chapter 5S. 

RESOLVE ON THE PETITION OF JOSHUA GREEN, IMrOWERING 
THE JUDGE OF PROBATE FOR THE COUNTY OF MIDDLESEX, 
TO RENEW THE FORMER COMMISSION OF THE COMMIS- 
SIONERS ON THE ESTATE OF WILLIAM GORDON, OR TO 
APPOINT NEW COMMISSIONERS ON SAID ESTATE. 

On the petition of Joshua Green praying that the 
Judge of Probate for the County of Middlesex may be 
impowered to appoint new Commissioners or renew the 
Commission of the former ones on the Estate of William 
Gordon late of Dunstable in the same County deceased, 
for reasons set forth in the Petition. 

Resolved, That the prayer of said petition be so far 
granted that the said Judge of Probate be, & he hereby 
is impowered & directed, provided no dividend has alread}^ 
been made, to renew the former Commission of the Com- 
missioners appointed to hear, & examine the claims on said 
Estate or appoint new Commissioners as to him shall 
appear proper, so as to give to said Green an opportunity 
of exhibiting any claim he may have against said Estate, 
& that in the mean time the said Judge be directed to 
postpone making a decree for a dividend on the report 
made by the Commissioners heretofore appointed. 

June 22, 1790. 

Chapter 59. 

RESOLVE DIRECTING THE TREASURER TO BORROW MONEY TO 
DISCHARGE THE CASTLE ROLLS. 

Resolved that the Treasurer of this Commonwealth be 
and he is hereby directed to borrow on the credit of tax 
Number six the Sum of three Hundred & thirty Four 
I^ounds tioelve Shillings and three pence to discharge one 
Roll due to the Officers and Men belonging to the Garri- 
son on Oastel Island, Lodg'd in the Treasurers Office, the 
Said Roll being Made up irom the 21 of December to the 
21 of March 1790. June 23, 1790. 



Resolves, 1790. — May Session. 127 



Chapter 60. 

RESOLVE ON THE PETITION OF JAMES BOTT, DIRECTING THE 
TREASURER TO RECEIVE OF HIM £.123 IN INDENTS. 

On the petition of James Bott. 

Resolved That the Treasurer of this Commonwealth be 
and he hereby is directed to receive of James Boil one 
of the Collectors of No. 5 tax for the Town of Salem, 
one hundred twenty three pounds in Indents in lieu of 
the same sum due from said Collector in Army notes. 

June 23, 1790. 

Chapter 61. 

RESOLVE ON THE PETITION OF THE TOW^N OF BRUNSWICK^ 
REMITTING A FINE LAID ON SAID TOWN FOR NOT SENDING 
A REPRESENTATIVE IN THE YEAR 1788. 

On the Petition of the Town of Briinsioick, praying, 
that the fine, Set to the said Town, for neglecting to Chuse 
a Representative, to Represent them in the General Court, 
in the year 1788 may be remitted. 

Resolved that the prayer of the said petition be granted, 
and that the Sum of twenty five prmnds Set to the said 
Town of Brunsivick as a fine for the said Town to pay in 
Consolidated Securities of this Government, for neglect- 
ing to chuse a Representative to serve in the General 
Court in the year 1788 be remitted, and the Treasurer is 
hereby directed to Govern himself Accordingly. 

June 23, 1790. 

Chapter 63. 

RESOLVE ON THE PETITION OF DOROTHY WHEELWRIGHT, 
DIRECTING THE COMMITTEE FOR METHODIZING ACCOUNTS, 
TO CERTIFY THE BALANCE MENTIONED. 

On the Petition of Dorothy Wheelwright Widow of 
Daniel Wlieelwright late of Wells in the County of Yorh 
deceased. 

Resolved that John Deming Esqr. be & he hereby is 
directed to certify to the Governor *& Council the Ballance 
due to the Estate of the said Daniel who was an Officer 
in the Service of the United States, in the same way & 
manner as such Ballances have heretofore been certified 
and that the said Dorothy be intitled to receive the same 
accordingly any Law or Resolve to the contrary notwith- 
standing. June 23, 1790. 



128 Kesolves, 1790. — Mat Sessio:n^. 



Chapter 63. 

RESOLVE CONFIRMING CERTAIN LANDS TO THE PRESIDENT 
AND FELLOWS OF HARVARD COLLEGE. 

Whereas by a Resolve of the General Court passed 
March 2d. 1762 there was allotted and reserved to the use 
of Harvard College in Cambridge one sixty fourth part 
of Six Townships of Land situated West of Union River 
in the County of Lincoln, and which were then granted to 
David Marsh- and others, & which have been since con- 
firmed to the Grantees aforesaid without the Reservations 
aforesaid to the said College. And Whereas there was a 
like quantity of Land in six other Townships lying East 
of Union River aforesaid allotted and reserved to the use 
of the said College in grants made to sundry persons Jan- 
uary 27, 1764 & whicli have not been confirmed to the 
said College, but having l)een since reserved for the future 
appropriation of the General Court : 

Be it therefore Resolved that there be and hereby is 
given granted and confirmed to the President and Fellows 
of Harvard College & to their Successors in ofiicc, three 
hundred acres of Land in each of the twelve Townships 
aforesaid in situation & quality equal in general to the 
Lots in the divisions of said Townships agreeably to a 
Resolve passed July 8, 178G, to be appropriated & 
applied to the use, and for the purposes of the said 
College forever. June 23, 1790. 

Chapter 64. 

RESOLVE DIRECTING THE TREASURER TO BORROW MONEY 
FOR PAYING THE GENERAL COURT AND CIVIL LIST. 

Resolved That the Treasurer of this Common Wealth 
be and is hereby Empowered and Directed to borrow on 
the Credit of ye first Monies which shall be Received into 
the Treasury of the Tax Granted the twenty seventh of 
March 1787 called Tax Num'r. G and also of the Tax 
Granted the fourteenth of Febuary 1789 called Tax 
Num'r. seven not already appropriated, a sum sufiicient to 
Pay the Members of the General Court for their travel and 
attendance at their Present session, also a sum sufiicient 
to Pay all the ofiicers and servants of Government which 
compose the Civil List, as well, the arreares due to them, 
as for the services that May liecome due at the End of the 



Resolves, 1790. — May Session. 129 

Present sessions of the General Court — also for two quar- 
ters pay to the Garrison at Castle Island, ending the 21st. 
Instant. June 23, 1790. 

Chapter 65. 

RESOLVE DISCHARGING JACOB KUHN, MESSENGER OF THE GEN- 
ERAL COURT, OF TWENTY FOUR POUNDS, AND FOR PAYING 
HIM TWELVE SHILLINGS AND TEN PENCE, THE BALANCE OF 
HIS ACCOUNT. 

Resolved That Jacob Kuhn be and he is hereby dis- 
charg'd of the sum o^ tiventy four pounds \)ii\([ him out of 
the Publick Treasury in June 1789, he having accounted 
for the expenditure of the same — and that there be allowed 
and paid out of the Publick Treasury to the said Jacob 
Kuhn tioelve shillings and ten pence being the balance due 
to him on settlement of his Account. June 23, 1790. 

Chapter 66. 

RESOLVE REQUESTING THE GOVERNOR TO GRANT CREDEN- 
TIALS TO THE HON. GEORGE CABOT, ESQ. AND TO THE 
FEDERAL REPRESENTATIVES. 

Resolved that his excellency the Governor be, & he is 
hereby requested to make out credentials under the seal 
of this Commonwealth to the honoralile George Cahot 
esq. elected by the Legislature a Senator to represent this 
State in the Senate of the United States, for the term of 
six years to commence at the expiration of the term for 
which the honorable Tristram Dalton esq. was chosen, 
and to each of the persons who shall be duly elected to 
represent the people of this State in the House of Repre- 
sentatives of the United States, in the manner expressed 
in a resolve passed by the General Court the 9th. day of 
February 1789 ; And the Secretary having countersigned 
the said credentials, is hereby directed to transmit the 
same to the persons to whom they respectively belong. 

June 23, 1790. 

Chapter 67. 

GRANT TO HIS HONOUR THE LIEUTENANT GOVERNOUR, SEC- 
RETARY, TREASURER, AND COMMISSARY GENERAL. 

Resolved, That for one Year from the last Wednesday 
of May last, the Sum of one 7iu7idred and sixty pounds, 
in specie, shall be the Pay of the Lieutenant Governour, 



130 Resolves, 1790. — May Session. 

and a proportiouable Sum for a less time, in full for his 
Services as Lieutenant Governour, to be paid out of the 
Treasury of this Common^vcalth, in quarterly Payments 
as the same shall become due. 

Resolved, That there be allowed and paid out of the 
public Treasury of this Commonwealth, to the Secretar}^ 
of the same, John Avery ]\\ Esqr., the Sum of tivo hun- 
dred and Fifty Pounds, in full for his Services from the 
first of June 1789, to the first Day of June 1790. 

Resolved, That for one Year from the twenty seventh 
Day oi April last, the Sum of three hundred and Fifty 
Pounds, shall be the Pay of the Treasurer, Alexander 
Hodgdon Esqr., and a proportionable Sum for a less time, 
in full for his Services the present Year, as Treasurer of 
this Commonwealth, to be ])aid out of the Treasury thereof, 
in quarterlj^ payments as the same may be become due. 

Resolved, That for one Year from the first day of June 
1790, the Sum oione hundred and ffty Pounds, shall l)e the 
Pay of the Commissary General, Richard Devens Esqr., 
and a proportional Sum for a less time in full for his 
Services as Commissary General, to be paid out of the 
Treasury of this Commonwealth, in quarterly Payments, 
as the same shall become due. Jane 23, 1790. 

Chapter 67a.* 

ORDER ON THE PETITION OF WILLIAM MCGLATHRT AND 
OTHERS. 

On the petition of William McGlathry and others in- 
habitants of the plantations of Cambden and Hoije and an 
adjacent settlement in the County of Hancock, praying 
that the line between the Counties of Lincoln and Han- 
cock may be so far altered, that the eastermost line of a 
tract of land claimed by the twenty associates or Lincoln- 
shire Company, or some other line so as to include the 
said plantations and settlement with the said petitioners 
may be made the eastern boundary of the said County of 
Lincoln. 

Ordered, that the said William McGlathry in behalf 
of himself and the other petitioners do notify the inhabi- 
tants of the County of Hancock by serving the present 
Clerk of the General sessions of the peace of the County 
of Hancock if any there be or such Clerk as may be ap- 

* Not printed in previons editions. Taken from court record. 



Resolves, 1790. — May Session. 131 

pointed previous to the third Wednesday of the next sit- 
ting of the General Court, with an attested copy of this 
order, and also to publish the same in Adams independent 
Chronicle three weeks successively at least sixty days 
before the third Wednesday of the next sitting of the Gen- 
eral Court, that the inhabitants of the said County of 
Hancock may then appear & shew cause if any they have 
why the prayer of the said petition should not be granted. 

June 23, 1790. 

Chapter 68. 

RESOLVE ON THE PETITION OF JOHN SUTTON, DIRECTING THE 
TREASURER TO PAY THE BALANCE DUE TO HIM OF £.36 8, 
FOR HIS SERVICE IN THE LATE ARMY. 

On the Petition of John Sutton Representing that the 
wages for his Services in the late American Army have 
l)een Drawn on a Forged order, and praying for Relief 
from this Court. 

Resolved that the Treasurer of this Commonwealth be 
and he is hereby directed to pay out of the Treasury to 
the said John Sutton the Sum of Thirtij six pounds eight 
Shillings being the Balance due to him for his Service in 
ye said Army, in the same manner as tho' it had not been 
Drawn l)y the said Forged order. June 23, 1790. 



Chapter G9. 

RESOLVE ON THE PETITION OF WILLIAM FROBISHER, REFER- 
RING THE SUBJECT OF SAID RESOLVE TO THE GOVERNOUR 
AND COUNCIL. 

On the Petition of Wilhn. Frohisher praying that he 
may be appointed inspector of Pott & Pearl ashes in the 
town of Boston, in consequence of the Communications 
which he proposes to make to the Publick, on an improved 
method in manufacturing sd. Ashes. 

Hesolved That the sd. Petition be refered to the Gov- 
ernor & Council, who are requested to examine the pro- 
posed proscess for making sd. Ashes or cause such exam- 
ination to be made & to aflbrd the sd. Frohisher such 
encouragment or Compensation, as he prays for provided 
they shall be of opinion that the proposed proscess will be 
of general Utility ; & deserving the patronage of Govern- 
ment. June 23, 1790. 



132 Kesolves, 1790. — Mat Session. 



Chapter 70. 

RESOLVE ON THE PETITION OF ABIGAIL BOND, ALLOWING 

HER £.6 7 2. 

On the Petition of Abigail Bond praying for an allow- 
ance of six pounds, & one years interest due on a note 
given by sd. Abigail to Wm. Wa7'd Physician for attend- 
ing her son in his sickness while a Soldier in the Service 
of (the late Province) now Comm'th. of Massachusetts. 

Resolved that the Prayer of sd. Petition be granted so 
far as to allow the Petitioner the sum of six pounds seven 
shillings & two pence & that the same be paid to her by 
the Treasurer of this Commonwealth, out of the first money 
that shall come into the Treasury thereof not otherwise 
appropriated and that the same be charged to the United 
States. June 23, 1790. 

Chapter 71. 

RESOLVE GRANTING A TAX OF £.900, TO BE RAISED AND AP- 
PORTIONED ON THE INHABITANTS OF THE COUNTY OF MID- 
DLESEX. 

Whereas upon application made to this Court by the 
Clerk of the Court of General Sessions of the peace for 
the County of Middlesex, It appears necessary, that the 
Sum of N'ine hundred pounds should be raised to com- 
pleat and finish the Goal in said County : 

Therefore Resolved, that the Sum of JSfine hundred 
pounds be, and is hereby granted as a County Tax, to be 
raised and apportioned on the Inhabitants of the County of 
Middlesex and Estates lying within the same, to be raised 
apportioned and applyed according to law for the pur- 
poses aforesaid. June 23, 1790. 

Chapter 71a.* 

ORDER ON THE PETITION OF JOHN DUPEE. 

On the Petition of John Dupee Praying for a new Trial 
in an Action brought against him by Jabez Fairbanks 
in which Judgment w^as rendered thereon before Abiier 
Holden esq. on the fifteenth day oi March 1788. 

Ordered, that the prayer of the said Petition be so far 
granted, that the Petitioner serve the adverse party, Jabez 

* Not printed in previous editions. 



Resolves, 1790. — May Session. 133 

Fairbanks, with an attested Copy of his Petition and this 
Order thereon at least fourteen days hefore the Second 
Wednesday of the Next Setting of the General Court, 
that he may appear on that day, and Shew cause, if any 
can 1)6 Shewn, why the pray[er] of the said Petition should 
not be granted. Jmie 23, 1790. 

Chapter 12. 

RESOLVE GRANTING £.800, TO THE COMMISSARY GENERAL FOR 
CERTAIN PURrOSES, AND DIRECTING THE TREASURER TO 
BORROW MONEY FOR HIM. 

On the tuemorial of the Commissary General praying. 
That a Sum of Money may be granted to enable him to 
discharge the Debts He now owes on Account of this 
Commonwealth and to make further Purchases. 

Resolved That the Treasurer of this Commonwealth be 
& He is hereby authorized and directed to borrow the 
Sum of Six Hundred & Fifty Tim Pounds being the 
Ballance due on a Warrant in Favour of the Commissary 
General for Light Money, dated Fehi/. 18, 1789. And 
that there be allowed and paid out of the public Treasury 
the Further Sum of Eight Hundred Pounds to the said 
Commissary to enable him to discharge sundry Debts 
contracted by him in his said Capacity and for making the 
necessary Supplies for the Garrison at Castle Island He 
the said Commissary to be accountable for the same ; and 
the said Treasurer is directed & empower'd to borrow the 
first mentioned as also the last mentioned Sum on the 
Funds provided for the Payment of the Members of the 
Gen'l. Court in their present Occasion. June 24, 1790. 

Chapter 73.* 

RESOLVE ON THE MEMORIAL OF THE INHABITANTS OF THE 
TOWN OF BOSTON, DIRECTING THE TREASURER TO BORROW 
£.3704 15 5, AND PAY THE SAME TO THE SELECTMEN OF SAID 
TOWN. 

On the memorial of the selectmen and overseers of the 
poor of the town of Boston in behalf of the inhabitants of 
said town praying they may receive due compensation for 
the maintenance of the states poor as set forth in said 
memorial. — And whereas by a resolve passed the General 
Court March .5, 1790, the Treasurer of this Common- 
wealth was directed to pay to the selectmen of said town 

* Taken from court record. 



134 Eesolves, 1790. — May Session. 

the sum of three thousand seven hundred and sixty four 
pounds fifteen shillings and five j^ence out of the first 
monies that should be received on the taxes No. 6 & 7 
unappropriated, which sum the Treasurer has not yet been 
able to pay : — 

Be it therefore Resolved that the prayer of their memo- 
rial be so far granted as that the Treasurer of this Com- 
monwealth be and he hereby is empowered and directed 
to borrow on the credit of the monies due on said taxes 
the aforesaid sum and pay the same to the selectmen of 
said town in part payment for the purposes abovemen- 
tioned. June 24, 1790. 

Chapter 74. 

RESOLVE ON THE PETITION OF JACOB COMINGS, STAYING 
EXECUTION AGAINST HIM. 

On the petition of Jacob Comings junior one of the 
Constal^les for the town of Sutton. 

Resolved for the reasons set forth in the said petition 
that the prayer thereof be granted & the Treasurer of 
this Commonwealth is hereby directed to stay execution 
against the said Jacob Comings junior on tax No. 4, until 
the second Wednesday of the next session of the General 
Court. June 24, 1790. 

Chapter 75. 

RESOLVE FOR BORROWING £.24, FOR JACOB KUHN. 

Resolved that there be paid out of the treasury of 
this Commonwealth the sum of Twenty four pounds to 
Jacob Kuhn messenger to the General Court to enable 
him to purchase fuel & candles for their use, the said 
Kuhn to be accountable for the expenditure of the same. 
And the treasurer is directed to borrow the said sum on 
the credit of the same funds on which he shall borrow 
money to pay the members of the General Court the 
present session. June 24, 1790. 

Chapter 76. 

RESOLVE DIRECTING THE TREASURER TO BORROW £50 ON 
THE CREDIT OF No. 6 TAX, AND TO PAY THE SAME TO 
LEWIS DB MARRESQUELLE, ESQ. 

On the petition of Lewis de Marresquelle Esqr. for 
reasons therein set forth. 



Kesolves, 1790. — May Session. 135 

Resolved, That the Treasurer of this Commonwealth, 
be, and he is hereby directed, to liorrow on the credit 
of tax Number six, Fifty pounds and pay the same to 
the said Leiois de Marresquelle in discharge of a warrant 
in his favor dated the 10th. day of September 1789. 

June 24, 1790. 

Chapter 77. 

RESOLVE DIRECTING JOHN DEMING, ESQ. TO COLLECT CLAIMS 
AGAINST THE UNITED STATES. 

Resolved, That John Deming Esqr. be, and lie is hereby 
authorized and directed, to receive and collect any Claims 
or demands, (not already exhibited) which ought to be 
charged by this Commonwealth to the United States, and 
if necessary to employ one more suital)le person to assist 
him in that business. June 24, 1790. 

Chapter 78. 

RESOLVE REQUESTING THE GOVERNOR TO TRANSMIT THE 
MEMORIAL OF THE CONSUL OF FRANCE TO THE PRESIDENT 
OF THE UNITED STATES. 

Resolved, that his Excellency the Governor, l)e, and he 
hereby is requested, to transmit to the President of the 
United States of America, the Memorial of the Honl)le. 
Monsr. Delatombe Consul of France, dated at Boston on 
the 7th. instant, & addressed to the Legislature of this 
Commonwealth — that the President of the United States, 
may take such order thereon, as the importance of the 
subject justly deserves. June 24, 1790. 

Chapter 79. 

RESOLVE ON THE PETITION OF A NUMBER OF THE INHABI- 
TANTS OF ROXBVRT AND DEDHAM. 

On a Petition of a Number of the Inhaliitants of the 
Towns of Roxbury & Ded.ham Praying that an enquiry 
May be Made Respecting the obstructions in C/iarls 
River said to flow a Large Body of Meadows belonging 
to said Petitioners as set forth in said Petition. 

Resolved that the Prayer thereof be so Far granted 
that JosejiJi B. Varnum, John. Read & Lemuel KoUocJc 
Esquires be a committee to Repare to the Place where the 
obstructions are, carefully view the same, hear all Parties, 



136 Resolves, 1790. — May Session. 

(Previously notifying all concerned) and report at the 
Next setting of the General Court what measures may be 
Necessary to be taken thereon ; Provided hoivever that 
the Petitioners agree to defray the Charge of the Com- 
mitee afore said. June 24, 1790. 

Chapter 80. 

RESOLVE GRANTING JAMES WARREN; ESQ. £37 3. 

On the petition of James Warren praying for compen- 
sation for the deficiency in quantity of a tract of upland 
and Salt marsh lying in Dorchester, being part of the 
lands Sold by this Commonwealth to Samuel Broome and 
by said Samuel assigned to the said James. 

Resolved that there be allowed and paid out of the 
publick Treasury, thirty Seven pounds and three pence to 
said James Wari^eii in full compensation for the deficiency 
as aforesaid. June 24, 1790. 

Chapter 81. 

RESOLVE AUTHORIZING THE GOVERNOR AND COUNCIL TO 
APPOINT A SURGEON TO THE GARRISON ON CASTLE ISLAND, 
AND ESTABLISHING HIS PAY AT £.50 PER ANNUM. 

Resolved That his Excellency the Governour, be and 
he hereby is authorized and empowered by and with the 
advice of Council to appoint some suitable person to 
attend as a Physician & Surgeon on the Garrison and 
convicts at Castle Island and that there be allowed and 
paid out of the Publick Treasury, annually fifty pounds 
in full compensation for the attendance and medicine of 
such Physician & Surgeon, to be paid in quarterly pay- 
ments as the same may become due. June 24, 1790, 

Chapter 82. 

RESOLVE ON A LETTER FROM THE ATTORNEY-GENERAL, 
APPOINTING JOSEPH HALL, JUNR. ESQ. TO PROSECUTE AN 
ACTION NOW PENDING IN THE COURT OF COMMON PLEAS, 
TO BE HOLDEN AT BOSTON ON THE SECOND TUESDAY OF 
JULY NEXT, BETWEEN THE TREASURER AND THE HONOUR- 
ABLE NATHANIEL GORHAM AND OLIVER PHELPS, ESQRS. 

On the Letter of the Attorney General of this Com- 
monwealth, representing that he shall not be able to 
attend the Court of Common Pleas next to be holden at 



Eesolves, 1790. — Mat Session. 137 

Boston within & for the County of Suffolk on the second 
Tuesday of July next. 

Resolved that Joseph Hall junr. Esq. be & hereby is 
appointed Agent to take care of & prosecute an Action 
now pending in the said Court, at the Term aforesaid, in 
which Action the Treasurer of this Commonwealth, in his 
said Capacity of Treasurer, is Pltf., and the Honorable 
Nathaniel Gorham & Oliver Phelps Esqrs. are Defend- 
ents. June 24, 1790. 



Chapter 83. 

RESOLVE GRANTING THE CLERKS OF THE SENATE, AND HOUSE 
OF REPRESENTATIVES, £.30 EACH, FOR THEIR SERVICES. 

Resolved, that there be allowed & paid out of the Pub[Z]ic 
Treasury of this Commonwealth, to Samuel Cooler Esqr. , 
Clerk of the Senate, the Sum of Thirty Pounds — and to 
George Richards Minot Esqr. Clerk of the house of Rep- 
resentatives, the Sum of Thirty Pounds, on account of 
their services, respectively in the General Court for the 
present Year, they to be accountable for the same respec- 
tively. June 24, 1790. 



Chapter 84. 

RESOLVE APPOINTING A COMMITTEE OF BOTH HOUSES, IN THE 
RECESS OF THE COURT, TO COLLECT AND TRANSMIT INFOR- 
MATION RELATIVE TO THE WHALE AND COD FISHERIES, 
TO THE SENATORS IN CONGRESS. 

On considering the importance of the fisheries to this 
Commonwealth & the necessity which may arise in the 
recess of the General Court of further communications 
upon this subject to the Senators & Representatives of 
this Commonwealth in the Congress of the United States. 

Resolved that the honorable Azor Orne & Peleg Coffin 
Esqrs. Mr. Davis of Plymouth, Mr. Jones of Boston and 
Mr. Breck are hereby appointed a committee whose care 
it shall be in the recess of the General Court to collect & 
transmit to the Senators & Representatives of this Com- 
monwealth in the Congress of the United States, all 
needful information & testimonies relative to the Whale 
& Cod fisherys & as far as may be in the power of such 
Committee to aid the applications which are or shall be 
made in the name of this Commonwealth to the Cono-ress 



138 Kesolves, 1790. — May Session. 

on these important subjects, and for this purpose any 
three of the said committee shall he a quorum & are 
directed to communicate this appointment to the said 
Senators. Jmie 24, 1790. 

Chapter 85, 

RESOLVE GRANTING A TAX TO THE COUNTY OF BERKSHIRE. 

On the Memorial of John Bacon Esqr. in behalf of the 
County of Berkshire; — Praying, that a Tax of Bight 
hundred ^founds be granted for defraying the necessary 
Charges of said County for Reasons Set forth in said 
Memorial. 

Resolved, that the Sum of Bight hundred jiounds be, 
and is hereby granted as a Tax, to be raised and appor- 
tioned on the Inha1)itants of the County of Berkshire and 
Estates lying within the Same, to be raised apportioned 
Collected and applied according to law for the purposes 
aforesaid. June 24, 1790. 

Chapter 86. 

RESOLVE ON THE PETITION OF JOHN BURGHARDT, 2d., GRANT- 
ING HIM £.16. 

On the petition of John Burghardt praying that he 
may be reiml)urst the charge he was at, in Curing the 
wounds which his son Hugo Burghardt received from a 
Party of Insurgents. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth to John Burghardt the 
second of Great Barrington the sum of sixteen pounds 
to reimburse him for the charge he sustained in the 
Cure of his son Hugo Burdhardt A minor under the age 
of Twenty years, of a wound he received from a Party of 
Insurgents in the Action at Sheffield in February 1787 
by a musket Ball and three buck shot Lodged in one of 
his sholders. * June 25, 1790. 

Chapter 87. 

RESOLVE RELATIVE TO THE PAY OF THE COMMITTEE ON AC- 
COUNTS FOR MAY SESSION, 1790. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, in the same manner 
that the Members of the General Court are paid the pres- 



Eesolves, 1790. — Mat Session. 139 

ent Session, to the Committee appointed to pass on public 
Accounts, agreably to the usual Allowance made them 
for their Services the following Sums, viz : To the Hon- 
ble. Joseph Hosmer Esqr., the Sum of One Pound, ten 
shillinr/fi; to the Honble. Stephen Metcalf Esqr., One 
Pound, two shiUmgs, & sixpence; to John Games ^sqr., 
One Pound, thirteen shillings; to Thornas Davis Esqr., 
One Ponnd, five shillings, & six pence; to Daniel Forbes 
Esqr., One Pound, thirteen shillings; which Sums will be 
in full for their Services respectively, above their Pay as 
Members of the General Court to the present Day. 

June 25, 1700. 

Chapter 88. 

RESOLVE RESPECTING PUBLIC DEFAULTERS. 

Whereas sundry, unliquidated Accounts, and Charges 
of Money, Cannon, Arms and Military Stores, as well 
against Towns, and other Corporations, as individuals, re- 
main in the Books of this Commonwealth in the hands of 
the Treasurer, Commissary General, and the Committee 
for methodizing the public Accounts respectively — and 
whereas also certain Committees appointed for the sale of 
the Estates of Conspirators and Absentees have failed to 
settle their Accounts of such Sales : 

Resolved, that the said Treasurer Commissary General 
and the said Committee on public Accounts respectively, 
do immediately take the most effectual measures to notify, 
and call to account all such Corporations Committees and 
Individuals, as remain accountable and charged in the said 
Books respectively, giving notice that unless such Ac- 
counts are settled on or before the third Wednesday of 
the next Session of the General Court the same will be 
put in suit ; 

And Whereas the Corporations Committees & Individ- 
uals chargeable as aforesaid, may have sundry demands 
against this Commonwealth which have not been duly 
liquidated and allowed : 

Therefore it is further Resolved, that with respect to the 
Accounts and Demands against this Commonwealth of 
all Corporations Committees and Individuals remaining 
accountable for Monies, Military Stores or other Articles 
as aforesaid or otherwise, a certain Act of this Common- 
wealth passed on the 9th. day of February A. D. 1785, 



140 Resolves, 1790. — May Session. 

entitled An Act limiting the times within which Accounts 
or Demands against this Commonwealth shall be exhib- 
ited for Liquidation and allowance, shall he and hereby 
is suspended untill the End of the said next Session of 
this General Court. Jime 25, 1790. 

Chapter 89. 

RESOLVE GRANTING £.1000 FOR PAYMENT OF PENSIONERS. 

Resolved that there l)e allowed & paid out of the treas- 
ury of this Commonwealth the sum of one thousand 
pounds to be applied & paid to the pensioners of this 
Commonwealth in the same way & manner as is provided 
for by a Resolve passed in the General Court dated March 
6th., 1790. And the treasurer is hereby directed to gov- 
ern himself accordingly. June 25, 1790. 

Chapter 90. 

RESOLVE ON THE PETITION OF MARY PARKER, REFERRING 
THE CONSIDERATION OF SAID PETITION TO THE NEXT SES- 
SION OF THE GENERAL COURT, AND STAYING EXECUTION 
IN THE MEAN TIME. 

On the Petition of Mary Parhei'. 

Resolved that the consideration of said Petition ])e re- 
fered to the next Session of the General Court and that 
Execution of Law for any forfeitures incurred by Benja- 
min Parker (the Hus])and of sd. Mary) & belonging to 
this Common Wealth be stayed in mean time. 

June 25, 1790. 

Chapter 91. 

RESOLVE ON THE PETITION OF JAMES ROWELL. 

On the Petition of James Rowell praying relief from a 
Verdict and Judgment against him rendered in the Court 
of General Sessions of the Peace held at Ijjsvnch on the 
second tuesday of April last, by adjournment from the 
first tuesday of the same month. 

Resolved, that the said Jatnes Roivell may at the next 
Court of General Sessions of the Peace to be holden for 
that County claim an Appeal from the said Judgment 
against him. And the Justices of the said Court of Gen- 
eral Sessions next to be holden as aforesaid, shall and 
may hear and enter the said Claim, and are hereby au- 
thorised and directed to allow the said Appeal in the same 



Eesolves, 1790. — May Session. 141 

manner as if the same had been entered and allowed at 
the Session of said Court, in which said Judgment was 
rendered, and all proceedings upon the said Judgment 
shall be stayed and the same considered as in other Cases 
of Appeal. And the Justices of the Supreme Judicial 
Court are hereby authorised and directed to allow the 
Entry of such Appeal at the next Term of the said Court 
in that County and thereupon to proceed in the same form 
as if the said Appeal had l)een regularly brought before 
them — any Law or Usage to the contrary notwithstanding. 

Provided, that the said James Rowell shall and do at the 
said next Court of General Sessions, recognize with suffi- 
cient Surety or Sureties in due form of law for his the 
said Howell's appearance at the said Supreme Judicial 
Court, there to prosecute his said Appeal, and to abide 
the Order of the same Court thereupon, and also to pay in 
case of Conviction all Costs which have been or shall be 
incurred to the said County of Essex, by the support of 
the said Roivell in Prison since the said Judgment and by 
the second Trial upon the Charge against him whereon 
said Judgment has been rendered. 

Resolved, that if the said James Roioell shall not duly 
enter his said Appeal in the said Supreme Judicial Court, 
the Justices of that Court shall proceed upon such recog- 
nizance, and against the said Rotvell and shall award 
Judgment and Sentence as in other Cases of Appeal. 

June 25, 1790. 

Chapter 93. 

ROLL No. 18. 

The Committee on Accounts having examined the Ac- 
counts now presented, report, that there is due to the 
Towns, and Persons hereafter mentioned, the Sums set 
against their Names respectively ; which if allowed, will 
be in full discharge of ye said Accounts to the Dates 
therein mentioned. 

JOSEPH HOSMER per Order. 

No. 1. To Ezra Waldo Weld, Printer at Springfield, for 
Printing for the Commonwealth from Fcby. 3d. 1790, £. s. d. 
to May ye 12th following, 119 

No. 2. To the Town of Waliham, for Boarding & Nurs- 
ing, a Negro Family, transient Persons, for 14 Days, 
with Funeral Charges on account of one of them; the 
poor of the Commonwealth, 2 



142 Resolves, 1790. — May Session. 

No. 3. To the Town of Hardwick on account of Paul 
Morgan, another of ye Poor of the Commonwealth, 
with ye charge of Burial ; from Deer. 12, 1788 to April £. s. d. 
4th 1789 ; including Doctors Bills, 16 2 1 

No 4. To the Town of Chesterfield, for supporting John 
Kennedy, a State Poor ; from ye 22d of May 1789, to 
May 22d, 1790, 10 8 

No. 5. To Josei^h Barber, on account of William Frank- 
lin, a foreigner, in February, 1789, and who had gain'd 
no Inhabitancy, 18 

No. 6. To Doctr. J.aro« PFi^Ais Bill, for the same Person, 1 2 11 

No. 7. To Doctr. Aaron Dexter, for taking care of ye 
Poor of ye Commonwealth in the Aims-House, by 
Agreement of the Overseers of the Town of Boston ; 
with extra Charges on account of 37 Persons who had 
the Measles, & the Overseers certifying it, . . . 131 2 

No. 8. To Loammi Baldwin Esqr., in full of his Account, 
committed by both Houses to ye Committee on Ac- 
counts, for Disbursements, Time, Travel, & Expences 
in the service of Government, 41 17 6 

No. 9. To the Town of Lanesborough, towards the Sup- 
port of Samuel Harrisoyi, & Son, from May 7th, 1789, 
to May 7th, 1790, the Poor of the Commonwealth, . 19 12 6 

No. 10. To the Town of Pepperrell, on account of 
William Bentrough, and Family, State Poor, from ye 
llthof Z»ecr. 1789, toye4thof ilfo?/, 1790, . . . 7 13 

No. 11. To the same Town, on account of a former 
allowance by a former Committee on Accounts, & not 
paid, 1 13 

No. 12. To Co7istant Freemaji Junr., a Clerk in ye 
Treasury Office, for his Services, from ye first of June, 
1789 to ye 22d Day of June, 1790 99 12 

No. 13. To Coll. John S. Tyler, D. A. G., for his Acct. 
from Feby. 24th, 1790, to Jtme 18th, 1790, certified by 
Geneva} Tliayer : including all Services and Expences, 11 6 

No. 14. To Enoch Hallett Esqr., for his Services as 
Sheriff, as per Account given in by Barnabas Hallett 
Administrator, 5170 

No. 15. To the Town of Cape Elizabeth, for ye Board of 
Betty Carrel, a State Poor, from ye 4th of April, 1789, 
to May 27th, 1790, 14 17 6 

No. 16. To Abraham Foster, glazier, for his Account to 
May 22d, 1790, for Work done to ye West End of ye 
Treasurers House, improved by Government, . . 6 12 

No. 17. To £'6e??e2e?-iyarA;m, forgathering, and pressing, 
five Hundred Volumes of ye perpetual Laws, . 25 

No. 18. To Samuel Miller Thayer, Brigade Major, in ye 
first Division, in ye first Brigade, for his Services to ye 
3d of January, 1790, 9 

No. 19. To the town of Edgartown, on account of ye 
Family of William Survash in 1789, to May ye 5th, 
1790 ; also including the Burial of an Indian Woman ; 
all of them ye Poor of this Commonwealth, . . . 23 4 11 

No. 20. To William Jernigari, for the Charge attending 
a Negro Woman, a State Poor, in her last Sickness, to 
May 7th, 1790, 10 6 



Eesolves, 1790. — Mat Session. 143 

No. 21. To the Town of Plympton, for Supplies atforded 

to two of the neutral French, from Maij 1789 to ye first £. s. d. 
of May, 1790, \ . . .7100 

No. 22. To the Town of Cojicord, for supporting William 
Shaw, a State Poor, from ye first of Fcby. last, to ye 
twentieth of June instant, 5 

No. 23. To Justus Dioight, for Boarding & Clothing 
Agnis Thompson, a State Pauper, from May 1st, 1789, 
to May first, 1790, 13 

No. 24. To the Town of Barre, for Supplies aiforded to 
Robert Thomjison, a State Poor, from Novr. 18th, 1789 
to May 19th, 1790, . . .' 814 

No. 25. To Doctr. Fields Bill for Medicines & Attendance 

on account of said Thompson to Deer. 5th, 1789, . .18 2 

No. 26. To a second Bill from the same Person, to the 

13th of A2Jril, 1790, 16 

No. 27. To the Town of Dracut, for Boarding & Nursing 
John Hancock and Wife, from the 8th of March to the 
12th of June, 1790, State Poor 7 5 1 

No. 28. To Jonathan Hastings''s Bill for the Postage of 

public Letters, from Jany. 4th, 1788, to Jtme 12th, 1790, 8 1 9 

No. 29. To Samuel Body, for his Assistance to ye Sheriff 
in the time of the Insurrection, and not pass'd till Evi- 
dence was produced, 8 

No. 30. To Thomas B. Wait, Printer at Portland, for 
publishing Laws and Resolves, & other Matters, from 
Feby. 15th, 1790, to May the 3d, following, . . . 12 11 6 

No. 31. To the Town of Newbury- Port, for the Support 
of the Poor of the Commonwealth, at difterent Places 
Boarded, and from ,Sep<r. 1st, 1788, to Jany. 4th, 1790, 76 10 

No 32. To the Town of Marshjield, for supporting an 
Indian Woman, and two Children, being unable to take 
care of themselves ; from July 10th, 1789, to ye 5th of 
May, 1790 ; with Articles of Clothing, . . . .900 

No. 33. To the Town of West Springjield, for supporting 
William Knox, a State Poor; fi-om ye 1st of August 
1789, to ifay 2d, 1790, 11 19 1 

No. 34. To the Town of Dartmouth, for supplies to 
Daniel McCoiuen, Patience Joel, & Rachel Cesar, Poor 
of the Commonwealth, from the 11th of January, 1790, 
to the 24th of ilfay, 1790, 10 9 

No. 35. To Doctr. hosier Swift, ior his Bill, for Medi- 
cine & Attendance, upon the beforementioned Patience 
Joel, in Ajiril 1788, 18 

No. 36. To Caleb Manning, for Boarding Elizabeth 
Sweetser, one of the Poor from Charlestoion, from 
March 20th, 1788, to March 1st, 1789, . . . . 9 16 

No. 37. To the Town of Medfield, for supporting John 
Turner and Wife, ye Poor of the Commonwealth, from 
Feby. 27th, 1789, to Febij. 27th, 1790, . . . .3110 

No. 38. To Samuel Curtis, and Jesse Houghton, for Bury- 
ing several Persons, with other Sextons assistance, from 
Jany. 8th, 1790, to June 2d, 12 12 

No. 39. To David West, for sundry Supplies, to sundry 
Persons, for the use of ye Commonwealth, witii Bind- 
ing Books, &c., to Jany. 6th, 1789, . . . . 4 4 10 



144 Resolves, 1790. — May Session. 

No. 40. To James WJiite, for his Account of SuiDplies, 

Books, Quils, Paper, Ink, &c., for the Commonwealth, £. s. d. 
to June 22d, 1790, 60 7 9 

No. 41. To the Town of Acton, for supporting John 
Kennedy & Wife, poor of ye Commonwealth, from ye 
13th of Feby. 1790, to ye 19th of Jirne instant, . .820 

No. 42. To Benjamin Larkdn, for his Account of Sta- 
tionary, & work done, for ye General Court, & pai'- 
ticular offices; to ye 17th ofV?me, 1790, . . 18 8 6 

No. 43. To the Town of Royalston, on account of Josejyh 
McNeal, an extraordinary Case, for Board, Nursing, & 
Doctrs. Bills, with ye Charge of Burial ; to ye 20th of 
Jany. 1790, . . . . . 11 17 2 

No. 44. To Joseph Laughton, first Clerk in ye Treasury 
Office ; for his Services, from ye 28th of Feby. 1790, to 
jQ max oi June, 52 10 

No. 45. To the Town of Medway, for Boarding William 

Winsloui, a State Poor, six Weeks ; in ye Year 1788, . 1 12 6 

No. 46. To Nathl. Foster, a Clerk in the Treasury Office, 
for his Services, from the 1st of Jime 1789, to 11th of 
Jujie, 1790, 96 12 

No. 47. To Samuel Foster, for the same Services, and 

Time, 96 12 

No. 48. To Samuel Colesworthy,3\mv.,ioYVt\\ioto'D\iio, 96 12 

No. 49. To James Foster, Junr., for his Services in ye 
same Office, & to jq same time, 96 12 

No. 50. To Onesiphorus Tileston, another Clerk, to the 

llthof j:«?je, 1790 . . 93 18 

No. 51. To Jo7iathan Ooddard, for the same Services, & 
to ye same time, 84 

£.1360 14 5 

Read and accepted, &, thereupon 

Resolved that his Excellency the Governour, with the 
advice of Council be, & he hereby is requested to issue his 
Warrant on the Treasury, for the payment of the several 
persons borne on this Roll the sums set against their names 
respectively, amounting in the whole to the sum of One 
thousand, tJiree hundred cG sixty pounds fourteen shillings 
(& Jive pence, and it is further Resolved that the Treasurer 
be and he hereby is directed to pay the same out of the 
first monies that may come into the Treasury from Taxes 
No. G & No. 7, not already appropriated. 

Jiine 25, 1790. 



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-SIXTH DAY OF 
MAT, ANNO DOMINI, 1790; AND FROM THENCE CON- 
TINUED BY PROROGATION AND ADJOURNMENT TO 
WEDNESDAY THE FIFTEENTH OF SEPTEMBER FOL- 
LOWING. 



1790. — September Session. 
Chapter 1. 

RESOLVE CONTINUING ALL MATTERS REFERRED TO THIS SES- 
SION, TO THE NEXT SESSION, 

Resolved, that all matters & things whatever which 
were referred by the legislature at the last Session of the 
General Court to this Session or to any particular day in 
this Session be further referred to the next Session of the 
General Court & to such day therein as Avas appointed 
therefor in this Session, and that all executions that were 
ordered in the said last session to stay until this session 
or to any particular day in this session be farther ordered 
to stay until the next session of the General Court & 
unto such day in the said next session as was directed 
therefor in this session, and that all persons who in the 
said last session were directed to shew cause against 
granting the prayer of any petition at this session or on 
any particular day in this session have the same day in 



146 Resolves, 1790. — September Session. 

the said next session as was appointed therefor in this 
session ; any thing in any resolution of the General Court 
passed at their last session to the contrary notwithstand- 
ing. And the Secretary is directed to publish this Resolve 
in the public News Papers as soon as may be. 

September 15,1790. 

Chapter 3. 

RESOLVE RESPECTING WHALE AND COD FISHERIES AND AP- 
POINTING A COMMITTEE. 

Upon consideration of the letter to his Excellency the 
Governor from the Secretary of State, requesting infor- 
mation of the State of the Whale and Cod fisheries, as 
heretofore and now carried on in this Commonwealth, 
and in consequence of the representations lately made to 
the Congress of the United States by this General Court 
on that important subject. 

Resolved that the honorable Azov Orne, and Peleg 
Coffin Esqrs., Mr. Ebenezer Parsons, Capt. William 
Pearson, and Thomas Davis Esqr. shall be and hereby 
are appointed a Committee to meet as soon as may be, 
and to consult and determine the most proper means of 
obtaining and to obtain with all possible speed full and 
authentic information respecting the Whale and Cod Fish- 
eries as heretofore and now carried on in this Common- 
wealth, and thereupon to })repare sufficient statements of 
the same, comprehending such a Period before and since 
the late War as will shew the Extent and Importance of 
those valuable branches of Commerce, the more immediate 
difficulties under which they now labor, and all other 
circumstances which may tend to shew the Causes of their 
present Decline, and the most probable measures which 
may be adopted for their encouragement and increase ; 
and conforming such statements as far as may be, to the 
request of the Secretary of State in his Letter to his Ex- 
cellency the Governor on this subject ; and these state- 
ments with such documents as the said Committee shall 
judge necessary to support or explain the same, to lay 
before his Excellency the Governor — And his Excellency 
is hereby requested to transmit seasonably to the Secre- 
tary of State, agreeably to his request, the said statements 
and documents, with such other statements and informa- 
tion on this subject as his Excellency shall think ex- 
pedient. 



Resolves, 1790. — September Session. 147 

Resolved, that the expences of the meetings of the said 
Committee, and what other necessary expences shall be 
incurred in executing this trust shall be defrayed out of 
the Public Treasury, upon the allowance of their Accounts. 

September 17, 1790. 

Chapter 3. 

RESOLVE SUSPENDING AN ACT LIMITING THE TIME WITHIN 
WHICH CLAIMS AGAINST THE COMMONWEALTH SHALL BE 
EXHIBITED. 

Whereas by a Resolve of the General Court at their 
last Session for certain Reasons in said Resolve mentioned 
it was Resolved, that an Act, intitled an Act limiting 
the times within which Accounts or Demands against this 
Commonwealth shall be exhibited for liquidation and 
allowance should be suspended until the end of the next 
Session of the General Court ; & whereas by the unex- 
pected Session of the General Court at this time for a 
few days only, the Intent of said Resolve is defeated : 
therefore — 

Resolved that the said Act be and hereby is further sus- 
pended until the end of the next Session of the General 
Court. September 17, 1790. 



Chapter 4. 

RESOLVE DIRECTING THE COMPTROLLER GENERAL TO LAY 
BEFORE THE GENERAL COURT AT THEIR NEXT SESSION, A 
STATEMENT OF THE ACCOUNTS OF THE COLLECTORS OF 
EXCISE, AND TO CALL FORMER COLLECTORS TO ACCOUNT 
FOR THEIR COLLECTIONS. 

Resolved that the Comptroller General be, & he is 
hereby directed to lay before the General Court in the 
first week of their next sitting, a statement of the accounts 
of the Collectors of Excise to the first day of November 
next, shewing the amount of the collections & wdiat 
remains due on bonds or otherwise in their respective 
offices, specifying also therein the annual amount of the 
duties paid on Instruments, papers & commissions, & car- 
riages in each tow^n, and Licences — in each County from 
the commencement of his appointment to the said first 
day of November next, & the delinquencies in any of the 
said towns if any there be, in the payment of the duties 
on carriages. And the said Comptroller is also directed 



148 Kesolves, 1790. — September Session. 

to call upon the Collectors of Excise & the Collectors of 
Impost & Excise, under former Laws, who have not already 
compleated their settlements, to settle their accounts with 
him to the said first day of November. 

And the said Comptroller is further directed, to give 
orders to the said Collectors to sue for all sum or sums 
due in their respective offices, that shall not l)e discharged 
on or before the said first of November. 

September 17, 1790. 

Chapter 5. 

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 member 
of the honorable Council, & the sum of six shillings & six 
pence to each member of the Senate ; & the sum of six 
shillings to each member of the house of Representatives, 
for each days attendance in the Council, or the General 
Court, the present Session ; also the further sum of one 
days pay for every ten miles distance, each member lives 
from this place. 

And it is further Resolved that there be granted & paid 
out of the Public Treasury of this Commonwealth to the 
honorable Samuel Phillij^s esq. President of the Senate 
& to the honorable David Cobb esq. Speaker of the 
house of Representatives the sum of Jive shillings per 
day, respectively, for each days attendance on the Gen- 
eral Court at their present sitting, over & above their 
respective pay as members thereof. 

September 17, 1790. 

Chapter 6. 

RESOLVE DIRECTING THE TREASURER TO BORROW MONEY TO 
PAY THE CIVIL LIST. 

Resolved that the Treasurer of this Commonwealth be, 
& he is hereby empowered & directed to borrow on the 
credit of the first monies which shall be received into the 
Treasury of the tax granted the twenty seventh of March 
1787 called Tax NcT. 6, & also on the tax granted the 
fourteenth of February 1789, called Tax No. 7, not 
already approi)riated a sum sufficient to pay the members 
of the General Court for their travel & attendance at 



Resolves, 1790. — September Sessio:n^. 149 

their present session ; also a sum sufficient to pay all the 
Officers & servants of Government which compose the 
civil list, for the services that may become due at the end 
of the present session. September 17, 1790. 

Chapter 7. 

RESOLVE DIRECTING THE TREASURER TO BORROW MONEY TO 
DISCHARGE TWO QUARTERS SALARY DUE COL. LEWIS DE 
MARESQUELLE, AND GRANTING TO SAID DE MARESQUELLE 
LEAVE OF ABSENCE FOR ONE YEAR. 

On the Petition of Colo. Leuns Dema^'esquelle , represent- 
ing the Necessity of his going to France in consequence 
of the Death of his Father, and praying the discharge of 
his Warrants for payment of his Pension. 

Resolved, that the warrant for the payment of the Pen- 
sion of the said Colo. Leiois DemaresqueUe bearing date 
the Sixteenth Instant, for the Sum of Fifty Pounds in 
full for one Quarters Salary from the 5th. of April last to 
the 5th. of t7i<?3/ Following and the warrant which he shall 
obtain for payment of a like sum of Fifty Pounds, which 
will become due on the 5th. day of October next, and will 
be in full for one other Quarters Salary Shall be paid by 
the Treasurer of this Commonwealth, out of any monies, 
which shall be Received at ye Treasury, not already 
appropriated : And ye sd. Treasurer in failure of Suffi- 
cient Receipts seasonable for this purpose, is hereby 
authorized & directed to Borrow upon the Credit of ye 
first monies, which shall be received at jq Treasury not 
appropriated a sufficient sum of money, if to be obtained, 
to discharge the sd. warrants. And the said Lewis 
DemaresqueUe, agreeably to his Request has liberty to 
absent himself from this Commonwealth for the Term of 
one year. September 17, 1790. 

Chapter 8. 

RESOLVE DIRECTING THE TREASURER TO BORROW £.267 4 10, 
TO TAY THE SAME TO WILLIAM COOMBS AND OTHERS. 

On the petition of William Coombs & others. 

Resolved, That the Treasurer be, and he is hereby 
authorised and impowered, to borrow the Sum of Two 
hundred sixty seven pounds four shilliiir/s and Ten pence, 
for the purpose of paying the said William Coombs and 
others mentioned in the petition, Avho were impowered 



150 Resolves, 1790. — September Session. 

and authorised by Government to Erect two Light Houses 
on Plunih Island in Ipswich Bay, who performed the 
business assigned them, and have obtained a warrant 
on the Treasury for the said Sum, and that interest be 
allowed them in consequence of their Advancing their 
money for Erecting the said Light houses. And that 
the Treasurer be directed to receive of the said Coombs 
and others two orders on Jonathan Titcomb Esq. Naval 
Officer of Newbury Port for the sum of One hundred 
pounds which they have never received, and is in part 
of the aforesaid sum of Two hundred sixty seven pounds 
four shillings & Ten pence. September 17, 1790. 

Chapter 9. 

RESOLVE GRANTING £.30 AS A REWARD TO THE PERSON WHO 
SHALL APPREHEND SAMUEL HADLOCK, AND REQUESTING 
THE GOVERNOR TO ISSUE HIS PROCLAMATION FOR THAT 
PURPOSE. 

Whereas it appears to this Court that Samuel Hadlock 
a prisoner under sentence of death for murder hath made 
his escape from the goal in the County of Lincoln : 

Resolved that the sum of thirty pounds be granted & 
Shall be paid out of the public Treasury to any person or 
persons who shall apprehend & secure for execution the 
said Samuel Hadlock. And his excellency the Governor 
with advice of Council is hereby requested to issue his 
proclamation for apprehending the said Samuel Hadlock, 
& to offer the above said reward as an encouragement to 
any person or persons who shall apprehend & secure the 
said Samuel for execution as aforesaid. 

September 17, 1790. 

Chapter lO. 

RESOLVE DIRECTING THE ASSESSORS OF PLTMPTON TO ASSESS 
TAX NUMBER 7, ON PLTMPTON AND CARVER. 

Whereas a Law of this Commonwealth passed in June 
last, incorporating the southwardly part of Plympton into 
a town by the name of Garver : And Whereas provision 
was made in said Law that the said town of Garver should 
pay their proportionable part of the Tax granted in March 
last, but no provision is therein made how the same shall 
be assessed : Therefore 

Resolved that the Assessors of the said Town of Garver 
be and hereby are Authorized and directed to assess, on 



Resolves, 1790. — September Session. 151 

the Inhabitants of and Ratable property within the Said 
Town the Same proportion, of the Sum Set to the Town of 
Plympton, in the a.ioYe,[said'\ Tax Granted in March last, 
as was assessed on the Inhabitants and Ratable property 
of that part of the Town of Plymfpton ; which is now the 
Town of Carvei'; in the Tax Granted in March 1789 — 
called No. 7 Tax. 

And be it further Resolved, that the Assessors of the 
Said Town of Plympton be, and hereby are authorized, 
and directed, to assess, on the inhabitants of and Ratable 
property, within the present Town of Plympton, the same 
proi)ortion, of the Sum Set to the sd. Town of Plympton in 
the afore Said Tax Granted in March last, as was assessed 
on that part of the late Town of Plympton ; which is now 
the Town oi Plympton \_Carver'\ in the Said Tax Granted 
in March 1789 called No. 7 Tax. September 17, 1790. 



Chapter 11. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF BROOK- 
FIELD. 

On the Memorial of the Select Men of the Town of 
Broohfield praying that the doings of the town Officers 
of that Town chosen in the year 1787 may be confirmed. 

Resolved, for reasons set forth in said Memorial, that 
the prayer of it be granted ; & the doings of the sd. 
Town Officers are hereby confirmed so far as they shall 
have been conformable to the Laws of the Commonwealth, 
any informality or deficiency in their taking & subscrib- 
ing or Returning their Oaths notwithstanding. 

September 17, 1790. 



Chapter 13. 

RESOLVE GRANTING TO JOHN STORY £.19 12 1. 

On the Petition oi John /Sto?"?/ praying for an Allow- 
ance of Nmteen Pounds tivelve shillings and" one penny 
due to him in ballance of his Account. 

Resolved, that the Prayer of said Petition be granted 
and that there be allowed and paid to the said John Story 
the said sum of Ninteen pounds tivelve shillings & one 
ptenny out of the first unapproi)riated Monies in the 
Treasury in full of said Account. September 17, 1790. 



152 Resolves, 1790. — September Session. 



Chapter 13. 

RESOLVE ON THE PETITION OF SAMUEL LAWRAjYCE. 

On the Petition of 8a7nuel Lmvrance praying that the 
Judge of Probate in the County of Middlesex may be 
enabled to allow a further time for the Commissioners 
to receive and examine the Claims against the Estate of 
Joseph Boyntoii late oi Pepperall in said County deceased. 

Resolved for Reasons in said Petition mentioned that 
the Judge of Probate in said County be & he hereby 
is authorized to appoint Commissioners to examine the 
Claims exhibited or which may be exhibited against the 
Estate of said Deceased & allow them to sit the term of 
three Months from the first day of October- next for re- 
ceiving and examining the same any Law to the contrary 
notwithstanding. September 17, 1790. 

Chapter 14. 

RESOLVE ON THE PETITION OF MART PAINE. 

On the Petition of Mary Paine, praying that she may 
be licenced as an Innholder. 

Resolved, That the Court of General Sessions of the 
Peace next to be holden within and -for the County of 
Essex, shall and may licence Mary Paine as an Innholder 
in said Town of Marhleliead in the House lately occu- 
pied by her Mother the widow Bladder, she the said 
Mary Paine complying with the requisitions of law in 
this behalf. September 17, 1790. 

Chapter 15. 

RESOLVE ON THE PETITION OF JOHN BOYD. 

On the Petition of John Boyd praying that he may be 
licenced as a retailer of spiritous liquors in the Town of 
Oakham in the County of Worcester. 

Resolved for reasons set forth in said Petition that any 
two Justices of the Peace within and for the County of 
Worcester quorum unus, be, and they her [e] by are author- 
ised and impowered, to licence the said John Boyd to be 
a retailer of spiritous liquors in said Town of Oakham, 
untill the next term for granting licences in said County, 
he first procuring approbation from the Selectmen of said 
Town, and taking the oaths giving bonds and paying the 
duties by law required. SejJtember 17, 1790. 



Resolves, 1790. — September Session. 153 

Chapter 16. 

RESOLVE ON THE PETITION OF ISRAEL TURNER. 

On the petition of Israel Turner Town Clerk of the 
To^vn of Pembroke Praying that he may not be prosecuted 
for not returning the votes of the Town of Pembroke for 
(lovernour, Lieutenant Governour and Senators for the 
})re,sent year. 

Resolved for reasons set forth in said petition that the 
l)rayer thereof l)e granted & that the said Turner lie not 
prosecuted for not returning said votes &, the Attorney 
General is to govern himself accordingly. 

September 17, 1790. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS: 

TOGETHER WITH THE SPEECHES, &c. OF HIS EXCEL- 
LENCY THE GOVERNOUR TO THE SAID COURT: 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-SIXTH DAY 
OF 3IAY, ANNO D03IINI, 1790; AND FROM THENCE 
CONTINUED BY ADJOURNMENT TO WEDNESDAY THE 
TWENTY-SIXTH DAY OF JANUABY FOLLOWING. 



1790. — January Session. 
Chapter 1. 

RESOLVE ON THE PETITION OF ELIJAH HUNT, LATE COLLECTOR 
OF EXCISE FOR THE COUNTY OF HAMPSHIRE, DIRECTING 
THE TREASURER TO SUSPEND THE FINAL ADJUSTMENT OF 
THE SAID HUNT'S ACCOUNT. 

On the Petition of Elijah Hunt late Collector of Excise 
for the County of Hampshire. 

Resolved That the Treasurer of this Commonwealth, be, 
& He is hereby authorized and directed to suspend, untill 
the third Wednesday of the first Session of the next Gen- 
eral Court, the final adjustment of the said HunVs account 
as Collector as aforesaid so far as respects two certain 
orders which have lieen received by said Hunt & offered 
by him in part discharge of said account, the Resolve of 
the tenth day of June last to the contrary notwithstanding. 

January 27, 1791. 



156 Resolves, 1790. — Jan^uary Session. 



Chapter 2. 

RESOLVE ON THE PETITION OF IVlLLIAM DREW, COLLECTOR OF 
EXCISE FOR PLTMOUTH COUNTY, DIRECTING THE TREAS- 
URER TO SUSPEND THE ADJUSTMENT OF SAID DREW'S EX- 
CISE ACCOUNT. 

On the petition of William Dreio Collector of Excise 
for the County of Plymouth. 

Resolved That the Treasurer of this Commonwealth, 
be, & He is hereby authorized and directed, to suspend, 
untill the third Wednesday of the first Session of the next 
General Court, the final adjustment of said Dreiva excise 
account so far as respects the altered- certificate for tiventy 
one pounds six shillings, mentioned in his Petition. 

Provided nevertheless. That it shall be the duty of said 
Drew to use his best endeavours to discover the Person 
of whom He received said certificate, in order that He may 
be dealt with agreeably to law. January 28, 1791. 

Chapter 3. 

RESOLVE ON THE PETITION OF JOHN JOS LIN, OF NEW BRAIN- 
TREE, AUTHORIZING THE COURT OF GENERAL SESSIONS IN 
THE COUNTY OF WORCESTER, TO LICENCE HIM AS A RE- 
TAILER OF SPIRITOUS LIQUORS. 

On the petition of John Joslin of JVeiv Braintree in 
the County of Worcester praying a Licence for a Retailer 
of Spirutes liquors in the Town of JVeiv Braintr'ee. 

Resolved, for reasons set forth in sd. petition that the 
Court of General Sessions of the Peace, be & they hereby 
are fully authorized &, empowered, at their Sessions to be 
holden at Woixester within & for the County of Worcester 
on the last Tuesday of March next to grant to said Joslin, 
if they shall judge proper, a licence for a Retailer of 
Spirutes liquors, in the same way & manner & under the 
same restrictions & regulations of law as they might have 
done at their Sessions in September last, any Law or 
Usuage to the contrary notwithstanding. 

January 29, 1791. 

Chapter 4. 

RESOLVE ON THE PETITION OF SAMPSON TUTTLE. 

On the Petition of Sampson Tuttle praying that the 
Secretary may be directed to pay to him the Wages 



Eesolves, 1790. — January Session. 167 

which are due to Tower Hill a Soldier in the late Third 
Massachusetts Regiment. 

Resolved That for the Reasons set forth in said Petition 
the Secretary of this Common Wealth be directed and he 
is hereby authorized to pay the said Wages to the said 
Sampson, he lodging with the Secretary the said Toiver 
HilVs Order and his own Receipt for the same. 

January 31, 1791. 

Chapter 5. 

RESOLVE ON THE PETITION OF SAMUEL TOBET, ESQ. ALLOWING 
HIM £ 66 10s. OUT OF A SUM DUE FROM HIM TO THIS COMMON- 
WEALTH, ON THE SETTLEMENT OF HIS ACCOUNT, IN FULL 
FOR HIS SERVICES. 

On the Petition of Sarnl. Tohey Esqr. one of the Com- 
mittee for sale of Absentee's Estates in the County of 
Bristol, praying for an allowance for certain mistakes in 
his accts. & for compensation for his service as a Com- 
missioner. 

Resolved that the sum of sixty six j^ounds ten shillings 
be allowed the sd. Saml. Tohey, out of the Sum of one 
hundred sixty one pounds two shillings & tivo pence, due 
from him to this Commonwealth, in full of his accts. & 
for his service as aforesd. and that the Treasurer be 
directed to govern himself accordingly. 

January 31, 1791. 

Chapter 6. 

RESOLVE DIRECTING THE COMMITTEE FOR THE SALE OF 
ABSENTEES ESTATES, IN THE COUNTY OF WORCESTER, 
TO MAKE SALE OF THE ESTATE OF ADAM WALKER, AN AB- 
SENTEE, FOR THE BENEFIT OF HIS CREDITORS. 

Whereas it appears to this Court that the wife of Adam 
Walker, Late of Woi'cester, in the County of Worcester, 
an absentee, is Deceased & that, that part of his Estate 
(being confiscated) which was assigned for her Dower, 
remains undisposed of, & it is represented that there are 
a number of Persons who have Demands on said Estate : ^ 

Resolved that the Committee for the sale of absentees 
Estates in the County of Worcester Be, & they are hereliy 
Directed, to make sale of the remainder of the Estate 
of Adam Walker Late of Worcester, in the County of 
Worcester an al)sentee, at publick Vendue, giveing suit- 



158 Resolves, 1790. — January Session. 

able notice of the intended sale, & to Deposit the net 
proceeds ariseing therefrom, in the Treasury of this Com- 
monwealth, for the benefit of the Creditors. 

February 1 , 1 791 . 

Chapter 7. 

RESOLVE ON THE PETITION OF JOB CUSEMAN AND OTHERS, 
AUTHORIZING SIMON JACKSON TO EXECUTE GOOD AND 
SUFFICIENT DEEDS OF THE LAND MENTIONED. 

On the Petition of Job Cushman and others praying 
that 8imon Jackson Administrator on the Estate of Alex- 
ander Shejjherd, Junr. Deceased may be authorized to 
Make & Execute certain Deeds & Conveyances of Land 
to the petitioners which were agreed to be made & ex- 
ecuted by the said Alexander in his life time. 

Resolved, that the prayer of said Petition be granted, 
and that said Simon Jackson administrator as aforesaid, 
be and he is hereby authorised and impowered to make 
sign seal & execute good & sufficient Deeds & Convey- 
ances to the said Petitioners in his Capacity as Adminis- 
trator as aforesaid according to the agreements entered 
into & signed by said Alexander in his life time. And 
the Deeds & conveyances so made & executed, in pursu- 
ance of said Agreements, & according to their true tenor 
& Import shall be & the same are hereby Declared to be 
as Valid and legal as tho' they had been executed by the 
said Alexander in his life time. February i, 1791. 

Chapter 7a.* 

ORDER ON THE PETITION OF JACOB UPTON AND OTHERS. 

On the petition of Jacob Upton and sixty three other 
inhabitants of the towns of Westminster, Fitchburg, Ashby 
and AsJiburnham, praying to be erected into a seperate 
town. 

Ordered that the petitioners notify the several towns 
with which they at present stand connected by serving 
their respective clerks with an attested copy of their 
petition and of this order thereon ninety days at least 
before the second Wednesday of the first sitting of the 
next General Court, that they may then appear & shew 
cause, if any they have, why the prayer of the said peti- 
tion should not be granted. February 1, 1791. 

* Not printed in previous editions. Taken from court record. 



Resolves, 1790. — January Session. 159 



Chapter 8. 

RESOLVE ON THE PETITION OF SAMUEL LAWRANCE, AS AT- 
TORNEY TO EPHRAIM WARREN, OF TOWN SEND. 

Upon the Petition of Ephraim Warren by his Atty. 
Samuel Lawrance. 

Resolved that the prayer of said Petition be granted & 
that the Judge of Probate for the County of Middlesex be 
&, he hereby is authorised & empowered to recommit the 
report of the Commissioners upon the estate of Jonathan 
Putnam deceased at the said Ephraim' s expence & that 
he have liberty to exhibit his proofs of his said Claim 
before the said Commissioners & that it be allowed if they 
shall think it just. February 2, 1791. 

Chapter 9. 

RESOLVE ON THE REPRESENTATION AND ESTIMATE OF THE 
JUSTICES OF THE COURT OF GENERAL SESSIONS OF THE 
PEACE, FOR THE COUNTY OF WORCESTER, ALLOWING A TAX 
TO BE LEVIED ON THE POLLS AND ESTATES WITHIN SAID 
COUNTY, AND EMPOWERING THE CLERK IN THIS CASE. 

Whereas the Treasurer of the county of Worcester has 
laid his accounts before the General court in manner by 
law prescribed, which accounts are hereby allowed : And 

AVhereas the clerk of the court of General Sessions of the 
Peace for said county, has laid before the General court, 
an estimate made by the said court of General sessions 
of the peace, of the necessary charges, likely to arise 
within the said county, the current year, amounting to the 
sum of one Thousand and fifty Jive pounds : 

Resolved That the sum of one tliousand and fifty five 
Pounds: be, and hereby is granted as a Tax for the said 
county of Worcester, To be apportioned, assessed collected, 
and applied in manner as the law Directs. 

February 2, 1791. 

Chapter lO. 

RESOLVE ON THE PETITION OF LTDIA HARTWELL, AUTHORIZ- 
ING THE SHERIFF FOR THE COUNTY OF WORCESTER, OR 
EITHER OF HIS DEPUTIES, TO PAY THE AVAILS OF THE 
EXECUTION WHEN IT SHALL BE RECEIVED. 

Upon the petition of Lydia Hartwell praying that she 
may receive the benefit of an execution which has issued 



160 Resolves, 1790. — January Session. 

in favour of this Commonwealth against Edward Savage 
& John Savage of Princeton in the County of Worcester. 
For reasons set forth in the said Petition 

Resolved that the prayer thereof be granted, & John 
Sprague esqr. Sheriff of the County of Worcester, or 
either of his Deputies to whom the execution aforesaid 
may be delivered, be &. are hereby authorised &, directed, 
to pay the avails of said execution, when the same shall be 
received, to the said Lydia Hartwell, on condition that 
the said Lydia Hartwell, produce a receipt from the Clerk 
of the Court of Common Pleas & General Sessions of the 
Peace within & for said County of Worcester, that she has 
discharged all the legal costs that have arisen thereon. 

February 3, 1791. 

Chapter 11. 

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF 
THE COUNTY OF ESSEX, AND GRANTING A TAX. 

Whereas The Treasurer of the county of Essex has laid 
his accounts before the General court, in manner pre- 
scribed by law : which accounts are hereby allowed : And 

Whereas the clerk of the court of General Sessions of 
the peace for the said County, has laid before the General 
court an estimate made by the said court of General Ses- 
sions of the Peace of the necessary charges which have 
arisen in the said County in the year 1790 and which are 
likely to arise within said county the current year amount- 
ing to the sum of Seventeen Hundred and foi-ty Pounds : 

Resolved that the sum of Seventeen Hundred & forty 
pounds, be and hereby is granted as a Tax for the said 
county of Essex to be apportioned, assessed, Collected, 
and applied in the manner provided by law. 

February 3, 1791. 

Chapter 13. 

RESOLVE ON THE PETITION OF HANNAH FISHER, AUTHORIZ- 
ING HER TO MAKE SALE OF THE DOWER DESCENDED TO 
HER, SHE GIVING BOND. 

On the Petition and Memorial of Hannah Fisher Prey- 
ing for Liberty to Sell Her Dower Desending to Her 
from her late Husband JoJni Fisher late oi JSFeedham Deed, 
for lieasons set fourth in said Petition. 



Resolves, 1790. — January Session. 161 

Resolved that the Prayer of said Petition be Granted 
and that the said Hannah be Authorised and Impowered 
to Make sale of all the said Real Estate Mentioned in said 
Petition set ofl' to her as Her Dower from the Estate of 
the said John Fisher late of Needham Deed, and to Make 
and Execute a good & sufficient Deed or Deeds to the 
Purchaser or Purchasers thereof. Provided that the said 
Hannah observe all the Rules Prescribed in the Law for 
disposing of Real Estates of Persons Deceas'd. 

Provided also that the said Hannah give Bond with 
Sufficient Surety or Sureties to the Judge of Probate 
for the County of Suffolk that the Neat Proceeds of Such 
Sale after Deducting the cost & charges thereof shall be 
applied to the use of the Heirs of said Dower after the 
Decease of the said Hannah. February 3, 1791. 

Chapter 13. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
TOWN OF CHATHAM, ABATING THEM A CERTAIN SUM. 

On the petition of the inhabitants of the town of Chat- 
ham, in the county oi Barnstable. 

Resolved, that the Prayer of the said Petition be so far 
granted, that, the said Town of Chatham, be and they, 
hereby are abated the sum of Tiventy Pounds of the Tax 
required of the said Town, in & by the Tax granted March 
1788, and the Treasurer is hereby Directed to Credit the 
said Town, the aforesaid Sum of Twenty Pounds accord- 
ingly, February 4, 1791. 

Chapter 14. 

RESOLVE ON THE PETITION OF ISAAC PUFFER, AUTHORIZING 
THE COURT OF GENERAL SESSIONS OF THE PEACE, TO GRANT 
HIM A LICENCE FOR A TAVERNER, AT THEIR SESSIONS IN 
MARCH NEXT. 

On the petition oi Isaac Puffer of Sudbury in the County 
of Middlesex praying that the Court of General Sessions 
of the Peace for sd. County may be authorized to grant 
him a Licence for a Taverner in said Town of Sudbury. 

Resolved, for reasons set forth in said petition, that the 
Court of General Sessions of the Peace be, and they hereby 
are fully authorized & empowered, at their Sessions to be 
holden at Concord within & for the County of Middlesex 
on the third Tuesday of March next to grant, if they shall 



162 Resolves, 1790. — January Session. 

judge proper, to said Puffer a Licence for a Taverner, in 
the same way & manner & under the same restrictions & 
regulations of Law, as they might have done at their Ses- 
sions in September last, any Law or Usage to the contrary 
notwithstanding. February 4, 1791. 



Chapter 15. 

RESOLVE ON THE PETITION OF EPHRAIM WINS LOW, DIRECT- 
ING THE ATTORNEY-GENERAL, TO GOVERN HIMSELF IN 
CONSEQUENCE THEREOF. 

On the Petition of EpJiraim Winsloiu, Town Clerk of 
the Town of Freetoiun, praying that he may be discharged 
from an Execution, now in the hands of the Attorney 
Genl. of this Commonwealth, obtained against him, in the 
Court of Common Pleas for the County of Suffolk by a 
suit commenced by sd. Attorney, for neglecting to make 
return of the votes of sd. Town for Govr. Lieut. Govr. & 
Senrs. agreeably to Law. 

Resolved that the prayer of the sd. petition be granted, 
upon sd. Ephraim Winsloio's paying the costs which have 
arisen on sd. suit — and that the Attorney Genl. be di- 
rected to govern himself accordingly. 

February 5, 1791. 



Chapter 16. 

RESOLVE GRANTING A TAX TO THE COUNTY OF MIDDLESEX. 

Whereas the Treasurer of the County of Middlesehs has 
laid his account before the Genl. Court in manner by law 
prescribed which accounts are hereby allowed : And 

Whereas the Gierke of the Court of Genneral Sessions 
of the peace for Said County, has laid before the General 
Court, an Estimate made by the said Court of Genl. 
Sessions of the peace, of the necessary Charges, likely to 
arrise within the said County, the Current year, amounting 
to the Sum of One Thousand pounds : 

Resolved that the Sum of One Thousand pounds, be 
and hereby is granted as a Tax for the said County of 
Middleseks; To be apportioned, assessed collected and 
applied in manner as the law directs. 

February 7, 1791. 



Resolves, 1790. — Januakt Session. 163 



Chapter 17. 

RESOLVE ON THE PETITION OF JOHN PARSONS AND JOSIAH 
WALLACE, EMPOWERING MART McCOBB TO MAKE AND EX- 
ECUTE A GOOD DEED OF CONVEYANCE OF THE LAND MEN- 
TIONED, SHE GIVING BOND TO THE JUDGE OF PROBATE 
FOR THE COUNTY OF LINCOLN. 

On the Petition of John Parsons and Josiah Wallace. 

Resolved tli.it Mary McCohh of Georgetown in the 
County of Lincoln Widow and Administratrix on the Es- 
tate oi James McCohh of sd. Georgetown Esqr. Deceas'd, be 
and she is hereby empowered to make and execute in her 
capacity as administratrix a Good and Lawful Deed of 
conveyance of one hundred acres of Land lying and being 
at a place called Drummore in sd. Georgetoivn according to 
the agreement of the said James McCohh in his Life Time 
with the sd. JoJui Persons — on which Land the sd. 
John Persons now Dwells, the said Mary giving a Bond 
with sufficient surety or sureties to the Judge of Probate 
for the County of Lincoln that the money which is yet due 
from the sd. John^ shall be disposed of according to Law. 

February 7, 1791. * 

Chapter 18. 

RESOLVE ON THE MEMORIAL OF THE COMMITTEE ON THE UN- 
IMPROVED LAND OF SIR WILLIAM PEPPERELL, APPROVING 
OF THEIR CONDUCT IN THE SALE OF THE CONFISCATED 
ESTATE OF THE SAID SIR WILLIAM, AND DISCHARGING 
THEM OF CERTAIN SUMS. 

Whereas the account exhibited by the Honble. Benjn. 
Chadhourn, David Seiuall & I^athl. Wells, Esqrs. a 
committee appointed by the Genl. Court, to sell the con- 
fiscated, unimproved lands of Sir Willm. Pepperell, ap- 
pears to be reasonable and well vouched, & it further 
appearing, that the said committee in the prosecution of 
their business, have conducted with fidelity and attention 
to the public interest : 

Resolved, That the said Chadhourn, Sewall & Wells, be 
& they are hereby discharged from the sum of three hun- 
dred sixty eight Pounds, six Shillings & eleven pence half 
penny in specie, &, the further sum of twelve hundred 
& thirty Pounds one shilling & ten pence half penny in 
State-Notes, agreeable to the account exhibited as afore- 
said. February 7, 1791. 



164 Eesolves, 1790. — January Session. 



Chapter 19. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
PLANTATION OF SHEPARDSTOWN, DIRECTING THE ASSESS- 
ORS OF SAID PLANTATION TO ASSESS UPON THE INHABI- 
TANTS, AND MAKE RETURN TO THE TREASURER OF CER- 
TAIN SUMS MENTIONED, AND TO DISCHARGE THEMSELVES 
OF SAID SUMS AS EXPRESSED, — WITH A PROVISO. 

On the petition of the inhabitants of the plantation of 
Shepardstovjn in the County of Oumberland praying for 
an abatement of their taxes. 

Resolved that the assessors of the said plantation be & 
hereby are directed without delay to assess upon the In- 
habitants thereof agreably to Law, & make return of said 
assessment to the Treasurer of this Commonwealth the 
sum of One hundred & twenty three pounds, fifteen shil- 
lings, set on the said plantation in Tax No. 5 : also the 
sum of Twenty six pounds, sixteen shillings & three pence, 
set on said plantation in Tax No. 6 : also the sum of 
Twelve pounds, nineteen shillings & six pence, set on the 
said plantation in Tax No. 7 : also the further sum of 
Ten pounds, one shilling & ten p)ence, set on said planta- 
tion in Tax No. 8. 

And it is further Resolved that the said plantation may 
discharge themselves of the aforesaid sums in the follow- 
ing manner vizt. by applying the sums set on said planta- 
tion in Tax No. 5 & No. 7 — amounting to one hundred 
& thirty six pounds, fourteen shillings & six pence to the 
support of a " Teacher of piety, religion & morality": 
a school or schools, & making, & repairing, roads in 
said plantation in such proportion as said Inhabitants at 
a meeting for that purpose shall judge most conducive to 
their general good ; also by paying into the Treasury of 
this Commonwealth the sum set on said plantation in Tax 
No. 6 & No. 8 amounting to Thirty six pounds, eighteen 
shillings & one penny, on or before the first day of Jan- 
uary next. 

Provided, that the said plantation shall in one year 
from the first day of March next, produce to the Treas- 
urer of this Commonwealth a certificate under the hands 
of the Assessors or Clerk of the said plantation, shewing 
that the said plantation have complied with the true intent 

6 meaning of the foregoing resolve ; & the said Treasurer 
is hereby directed, on receiving the aforesaid certificate to 
discharge the said plantation from the Taxes No. 5 & No. 

7 ; but in default thereof, the said plantation shall be held 



Resolves, 1790. — January Session. 165 

to pay the whole of the aforesaid sums into the Treasury ; 
& the Treasurer is hereby directed to govern himself 
accordingly. February 7, 1791. 

Chapter 30. 

RESOLVE ON THE PETITION OF THE REV. CHARLES TURNER, 
ALLOWING HIM ADDITIONAL PAY AS CHAPLAIN TO THE 
CASTLE. 

On the petition of the Revd. Charles Turner. 

Resolved, That there be allowed & paid out of the 
Treasury of this Commonwealth to the Revd. 0/tarles 
Turner Chaplain to the Garrison on Castle Island one 
pound five shillings ^ month, in addition to the five pounds 
p month allowed to the Chaplain of the said Garrison by 
the Establishment made Fehy. 16, 1780, until the further 
order of the Genl. Court. February 7, 1791. 

Chapter 30a.* 

ORDER ON THE PETITION OF JOSIAH DAN FORTH AND OTHERS. 

On the petition of Josiah Danforth and others praying 
that they with their estates may be set oft' from Dunstable 
and annexed to Tyngsborough. 

Ordered, that the petitioners notify the town of Dun- 
stable by serving the Clerk thereof with an attested copy 
of their petition with this order thereon sixty days at 
least before the second Wednesday of the next sitting of 
the General Court that they may then appear & shew 
cause if any they have why the prayer of the said petition 
should not be granted. February 7, 1791. 

Chapter 31. 

RESOLVE ON THE PETITION OF EBENEZER BACON, DIRECT- 
ING THE ATTORNEY-GENERAL TO WITHDRAW THE ACTION 
COMMENCED AGAINST HIM, HE PAYING THE COSTS. 

On the Petition of Ebenezer Bacon Town Clerk of the 
Tow^i of Barnstable Preying that the Action Commenced 
against him in Favour of the Common AVealth for his Neg- 
lect in Returning the Votes for Governour Lt. Governoui- 
& Senators may be withdrawn for Reason therein given. 

Resolved That the Prayer of His Petition be granted and 
the Attorney General is hereby Directed to Withdraw 
the Action Commenced against the said Ebenezer and not 

* Not printed in previous editions. Taken from court record. 



166 Resolves, 1790. — January Sessioist. 

to Pursue the Same any further, the said Ebenezer Pay- 
ing all such Costs as have arisen in the case thus far. 

February 8, 1791. 

Chapter 33. 

RESOLVE ON THE PETITION OF THE TOWN OF DARTMOUTH, 
ALLOWING THEM A FURTHER TIME FOR COLLECTING AND 
FAYING INTO THE TREASURY, THE BALANCES DUE ON 
THEIR SEVERAL TAXES. 

On the petition of the Town of Dartmouth, in the 
county of Bristol, praying for abatement of their Taxes. 

Resolved, that the prayer of the said petition, he so far 
granted, that the said Town of Dartmouth, be, and they 
hereby are allowed the further time of Nine months, from 
and after the first Day of March next, for Collecting and 
paying into the Treasury of this Commonwealth, the 
Balances, due on the Several Taxes set on said Town, 
prior to Tax No. 6, and the Treasurer is hereby Directed 
to govern himself accordingly. February 8, 1791. 

Chapter 23. 

RESOLVE ON THE PETITION OF THE TOWN OF FREETOWN, 
REMITTING A FINE LAID ON SAID TOWN FOR NOT SEND- 
ING A REPRESENTATIVE IN 1789. 

On the Petition of the Town of Freetown, praying that 
the fine, Set to the said Town, for neglecting to Chuse a 
Representative, to represent them in the General Court 
in the year 1789, may be remitted. 

Resolved that the prayer of the said Petition be granted, 
and that the Sum of twenty four pounds. Set to the said 
Town of Freetown, as a fine, for the said Town to pay 
for neglecting to Chuse a Representative to Serve in the 
General Court in the year 1789 be remitted, and the 
Treasurer is hereby directed to Govern himself Accord- 
ingly . February 8,1791. 

Chapter 24. 

RESOLVE ON THE REPRESENTATION OF JOHN LUCAS, IN- 
STRUCTING THE SENATORS FROM THIS STATE IN CON- 
GRESS, TO URGE THE APPOINTMENT OF SOME PERSON TO 
EXAMINE WOUNDED OFFICERS AND SOLDIERS; AND RE- 
QUESTING THE GOVERNOR TO TRANSMIT THE SAME, &c. 

Whereas by a resolve passed the General Court March 
2d. 1790 the Representatives from this to the Congress 



Kesolves, 1790. — January Session. 167 

of the United States were requested to use their endeav- 
ours that the time limiting applications for pensions 
might be prolonged, and that this State might be en- 
titled to have a new inspection & return of the Invalid 
Pensioners, to which request or application there appears 
to be no answer, nor any measures adopted consequent 
thereon : And 

Whereas it appears by frequent applications to this 
Court that there are divers persons within this Common- 
wealth, who in consequence of their being disabled in the 
late war are justly entitled to the benefits intended by the 
Resolutions of Congress providing pensions for such as 
have been disabled' in the service of the United States ; 
and Inasmuch as it also appears that there are inequalities 
in the Pension list of this State, by reason of which equal 
justice is not rendered to Individuals of this unfortunate 
but meritorious class of citizens : 

Resolved that the Senators from this State in the Con- 
gress of the United States, be instructed to urge the ap- 
pointment of some suitable person or persons to examine 
any officer, soldier or seaman disabled during the late war 
in the service of the United States and residing within 
this Commonwealth in order that they may be placed on 
the pension list, & receive such compensation as their sev- 
eral disabilities may justly entitle them to ; & also to use 
their influence that there may be a new inspection of the 
Invalid Pensioners in this State in order that equal justice 
may be done them & the inequalities complained of be 
removed. 

And it is further Resolved, that his excellency the (gov- 
ernor be requested to transmit this Resolution with the 
memorial of John Lucas Esq. accompanying it, as soon 
as may be, to the Senators & also to the Representatives 
from this State in Congress who are requested to exert 
their influence that measures may be adopted for effecting 
the purposes intended by it. February 9, 1791. 

Chapter 35. 

RESOLVE ON THE TETITION OF HEZEKIAH IVARD, ABATING 
THE TOWN OF PAXTON, £.428 5.9. IN TAX No. 3. 

On the Petition of HezeMah Ward Agent for the Town 
of Paxlon in the County of Worcester Preying that said 
Town Mio-ht be Discharged from the Payment of Part of 
the Tax No. 3 as Being set to said Town by mistake. 



168 Resolves, 1790. — January Session. 

Resolved that the Town of Paxton he and hereby i>s 
discharged from the Payment of four Hundred and Twenty 
Eight Pounds five Shillings set upon the said Town by 
the Tax Act Number 3, the same being Charged on said 
Town by A Mistake & the Treasurer is herel)y Directed 
to Govern himself accordingly. February 9, 1791. 



Chapter 36. 

RESOLVE ON THE MEMORIAL OF MARTIN KINSLEY, ESQ. 
DIRECTING HIM TO RETURN A STATEMENT OF TIMOTHY 
RUGGLBS'S ESTATE INTO THE SECRETARY'S OFFICE, AND 
REQUESTING THE GOVERNOR AND COUNCIL TO ISSUE ^VAR- 
RANTS TO CREDITORS, &c. 

On the Memorial of Martin Kinsley xA^gent to the Es- 
tate of Timo. Ruggles Esqr. a Conspirator, praying that 
he may be empowered & directed to make return of his 
doings as Agent as aforesd. into the Secretarys Office & 
praying for alowance & payment for expence of setting 
off sd. Estate. 

Resolved that the sd. Agent be authorised & directed 
to make return of his doings as agent into the Secretarys 
Office of this Commonwealth : & that the Govern our & 
Council be requested to grant Warrants for the dividend 
of sd. Estate in discharge of Claims properly vouched, in 
the Usual manner ; & that the fractional part of Eight 
pence on the pound be reserved out of the sd. Dividend, 
& paid to the Agent aforesd. for defraying the Expence 
of setling sd. Estate he to account for the expenditure of 
the same. February 9, 1791. 



ADDRESS OF THE LEGISLATURE IN REPLY TO THE GOVERNOR'S 
SPEECH OF JANUARY 27, 1791.* 

May it please your Excellency — 

The contemplation of those interesting, & important 
subjects suggested ])y Your Excellency in your Speech to 
both Houses of the General Court, we readily acknowl- 
edge ought to impress every Patriotic Mind with the 
most gratefull, & pleasing sensations. — 

The People of this Commonwealth while under the 
impulses of Religion, & Virtue, cannot but adore that 

* Not published in previous editions. 



Kesolves, 1790. — January Session. 169 

Gracious Being^ who 8upported & preserved them in 
times the most alarming, & in Circumstances the most 
perilous : — That He enabled them, & the Citizens of the 
other States, during a long & distressing War, to adopt 
salutary modes of Goverment, for the attainment of their 
political happiness & security. — The Unanimity which 
prevail'd throughout the several States, while deliberating 
on measures so important ; together with that liberality, 
wisdom & learning exhibited while forming & establishing 
the Constitution of the United States, must he considered 
as presages of their lasting happiness, & prosperity. 

We sincerely wish, that the Americans may ever l)e 
influenced to adopt such measures, as will promote every 
l)ranch of usefuU Education, & inculcate the principles of 
Religion & morality. — 

We trust that it will be our ambition, to excell in those 
Virtues which tend to secure the Glory, Peace, & pros- 
perity of our Countr3\ — May our Goverment be dis- 
tinguished for its immutable Laws of Justice & Freedom, 
& for the Cultivation of those principles of Philanthropy 
& Benevolence which preserve & sustain the happiness & 
welfare of Mankind. — 

The United States of America are now placed in a 
respectable situation. — Their Honor & Credit, which at 
certain periods seem'd doubtfull, are now estalilished on 
a permanent basis. — B3' enlarging the System of our 
Goverment, & by bringing the Strength of the several 
States into one uniform plan of 0})eration, we are enabled 
to form connections with other Nations ; to defend the 
Union against foreign invasions ; & to preserve harmony, 
& support Justice between the Citizens of the difierent 
States. — 

We presume it will ever be the disposition of our 
Legislature, to guard against every infringment on the 
Constitution of our own State, being convinced, that by 
such conduct, we give Vigor & energy to the General 
Goverment. — 

The Debt of the United States, & of the particular 
States we conceive to be the price of our Peace, Liberty 
& Independance, and it must be a pleasing reflection, 
that we are not o1)liged to have recourse to Oppression & 
Violence to cancel this Debt, as the resources of our 
Country, with decent Economy, are amply sufficient to do 
Justice to our public Creditors. — 



170 Kesolves, 1790. — January Session. 

While contemplating the pleasing enjoyment of Liberty, 
& Independance, we are no less blessed with the fruits 
of Industry & Peace. — The Husbandman rejoices in the 
encrease of his Fields. — And we acknowledge, with grati- 
tude, the prosperous events which, in the year past, have 
attended the various branches of commerce prosecuted in 
this State, and have, in some degree, revived the Fish- 
eries, under their continued embarrassments. Our manu- 
factures & Mechanical Arts are rapidly encreasing, & 
dayly improving. — We readily join your Excellency that 
great applause is due to those liberal & patriotic Indi- 
viduals, who have set forward the important, & lieneficial 
l)ranches of Duck Glass and other Manufactures. Such 
exertions entitle those Citizens to the patronage of their 
Country. 

The residue of the Debt of this Commonwealth which 
is not assumed by Congress, we conceive to be an 
01)ject of finance, which demands the attention of this 
Goverment. — It is incumbent on us to evidence to the 
World, that the Interest will be provided for in a manner 
fully equal in point of advantage to that proposed by 
Congress. — In order to prevent every ground of com- 
plaint from those deserving Citizens, who have loaned 
their Mony to save their Country, we shall most readily 
establish funds for the punctual payment of their Interest, 
whenever it is assertained what Sum remains to be pro- 
vided for by this State. — 

We most cordially join Your Excellency in your wishes, 
that the present Session may be beneficial & happy to our 
fellow Citizens. February 9, 1791. 

Chapter 37. 

RESOLVE ON THE REPRESENTATION OF THE COMMISSARY 
GENERAL, APPROVING HIS CONDUCT IN PREPARING AC- 
COUNTS AGAINST THE UNITED STATES. 

On the representation of The Commissary General. 

Resolved that this Court approve of the attention of the 
Commissary General in preparing the accompts in his 
department against the United States — and that if he 
find it necessary, he procure further assistance for the 
accomplishment of the business — 

And it is further Resolved that He deliver to the Hon. 
Nathan Dane Esq. all such original Books and Papers 
as said Dane may think necessary taking his receipt for 
the same. February 10, 1791. 



Resolves, 1790. — January Session. 171 



Chapter 28. 

RESOLVE ON THE REPRESENTATION OF THE COMMITTEE FOR 
SALE OF EASTERN LANDS, AUTHORIZING THEM TO CONDUCT 
THE BUSINESS THEREIN REFERRED TO, AS THEY MAY 
JUDGE EQUITABLE. 

The Committee on the Sale of Eastern lands beg leave 
to inform the Honorable Senate & House of Kepresenta- 
tives, that they have entered into several Contracts for 
the disposition of State Lands to be paid in State Notes, 
and the Contractors who have paid but a small part of the 
Consideration now come forward and say that they are 
utterly unable to perform their Contracts, unless the 
Committee will agree to receive Specie in the room of the 
notes at, or nearly at, the rate the notes were sold for at 
the time of making their Contracts ; and, unless this be 
done, altho' they have been at great Expence in lotting 
their Townships & clearing roads &c. yet they shall be 
under the necessity of forfeiting the sums they have 
advanced & abandoning the settlement of the Townships 
which they have agreed to purchase — as there may be 
doubts whether the Committee have any right to make 
the Commutation proposed, they request Instructions from 
the- Legislature for their Conduct in such cases — all 
which is respectfully submitted. 

LEO. JARVIS ^ order. 

Resolved, That the Committee for the sale of Eastern 
lands, be directed to conduct the business referred to, in 
their liepresentation in such equitable way & manner, as 
they shall judge will be most likely to expedite the sale 
& settlement "of the public lands, & best promote the 
Interest of the Commonwealth. February 11, 1791. 

Chapter 39. 

RESOLVE GRANTING A TAX FOR THE COUNTY OF BARNSTABLE. 

Whereas the treasurer of the County of Barnstable has 
laid his accounts before the General Court In manner by 
law prescribed, which accounts are Hereby allowed : 

And whereas the Clerk of the court of General Sessions 
of the peace for the said County Has laid before the 
General Court an Estimate Made by the said Court of 
General Sessions of the Peace of the necessary Charges 
likely to arise within the said County the Current year 



172 Resolves, 1790. — Januaky Session^. 

iimounting to the Sum of one hundred & Ninety one 
Pounds : 

Resolved That the sum of one hundred & ninety one 
pounds be and hereby is granted as a Tax For the said 
County of Barnstable to be apportioned Assessed Collected 
and applied in manner agreeably to law. 

February 11, 1791. 

Chapter 30. 

RESOLVE GRANTING £.5!) TO THOMAS THOMPSON, FOR CER- 
TAIN SERVICES. 

On the petition of Thomas Thompson of Deer Island. 

Resolved That, there be allowed and paid out of the 
Treasury of this Commonwealth, to Thomas Thompson 
the sum of Jifiy Nine pounds, from the first monies 
una})propriate(J, as a full compensation for his loss of 
Cattle, and expences incurred while in the service of the 
Commonwealth in the Expedition to Penohscott in 1779 
and since that Time. February 14, 1791. 

Chapter 31. 

RESOLVE ON THE PETITION OF THE PLANTATION OF WASHING- 
TON, IN THE COUNTY OF YORK. 

On the petition of the plantation of Washington in the 
County of York, praying for abatement of their Taxes. 

Resolved that, the prayer of the said petition be so far 
granted, that, the said plantation, be and hereby are 
abated the sum of one hundred & Jive j^ounds eighteen 
shillings & nine pence, being the sum set on the said 
plantation in Tax No. 5. 

And it is further Resolved, that, the assessors of the 
said plantation, be, and hereby are directed, without 
delay, to assess upon the inhabitants thereof, agreeably to 
Law, and make return of said assessment, to the Treasurer 
'of this Commonwealth the sum of twenty two pounds. 
Nineteen shillings & one penny, set on said plantation, in 
Tax No. 6, also the sum oi ten pounds, & six jJence set on 
said plantation in Tax No. 7, also eight pounds eleven 
shillings & six pence set on said plantation, in Tax No. 8. 

And it is further Resolved, that, the said plantation may 
discharge themselves of the three last mentioned Taxes, 
amounting to forty one pound eleven shillings & one penny, 
in the following manner (viz) by applying the sums set 
on said plantation, in Tax No. 6, and No. 7, to the sup- 



Kesolves, 1790. — January Session. 173 

port, of a Teacher of religion and morality, a school or 
schools, & making, and repairing roads ; in said planta- 
tion, in such proportion, as said inhabitants, at a meeting 
for that purpose shall Judge most conducive to their 
general good ; also, by paying into the Treasury of this 
Commonwealth the sum set on said plantation in Tax No. 
8, amounting to eiglit pounds, eleven shillings & sixpence, 
on or before the first Day of September next. 

Provided, That the said plantation shall in one year 
from the first day of March next, 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 complied with the true intent and meaning of 
the foregoing resolve ; and the said Treasurer is hereby 
directed, on receiving the aforesaid certificate & payment 
of Tax No. Eight to discharge the said Plantation from the 
several sums set on them in the three last mentioned 
Taxes; 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 accordingly. February 14, 1791. 

Chapter 32. 

RESOLVE ON THE PETITION OF AARON KING AND OTHERS, 
AUTHORIZING THE JUDGE OF PROBATE FOR THE COUNTY 
OF HAMPSHIRE, TO GRANT LETTERS OF ADMINISTRATION. 

On the Petition oi Aaron King & Israel Gihhs Jun. 
praying that the Judge of probate for the County of 
Hampshire may be impowered to grant Letters of Admin- 
istration upon the Estate of Martin Dewey deceased. 

Resolved, for reasons set forth in said Petition, That 
the Judge of Pro])ate for the County of Hampshire, be & 
hereby is authorized and impowered (if he shall think 
proper) to grant Letters of Administration to some per- 
son next akin to the said Dewey or Principle Creditor to 
the said Martin Dewey's Estate, in such way and manner 
as is usual to give Letters of Administration upon the 
Estate of deceased persons any Act, or Law of limitation 
to the Contrary notwithstanding. February 14, 1791. 

Chapter 33. 

RESOLVE ON THE PETITION OF MRS. ANN MERCHANT, GRANT- 
ING A NEW TRIAL. 

On the Petition of Ann Merchant Administratrix upon 
the estate of John Merchant deceased praying for a new 



174 Eesolves, 1790. — January Session-. 

trial in an action commenced before Thomas Crafts Esq. 
on the fifteenth day of December Anno Domini 1788, 
against William McNeil and Archbald McNeil, whereon 
judgment was render'd at the Supreme Judicial Court 
holden at Boston within and for the County of Suffolk on 
the third tuesday oi February 1789. 

Resolved for reasons set forth in said petition, that said 
Ann be and hereby is authoriz'd and empowered to enter 
the aforesaid action at the Supreme Judicial Court to 
be holden at Boston aforesaid on the third tuesday of 
February instant, upon any day during the session of said 
Court, first causing the said Defendants to be served with 
an attested Copy of this Kesolve at least seven days before 
the time of entering said action ; and that the same pro- 
ceedings be had thereon, as though said action had been 
regularly continued in said Supreme Court from term to 
term without any trial being had therein. 

February 14,1791. 

Chapter 34. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF HAMPSHIRE, AND GRANTING A TAX OF 
£.600, TO BE ASSESSED ON THE INHABITANTS. 

Whereas the County Treasurer of the County of Hamp- 
[s]/«Ve has laid his accounts before the General Court 
which accounts are hereby allowed : — And Whereas the 
Clerk of the Court of the General Sessions of the Peace 
for said County has laid before the General Court in 
manner prescribed by Law, an estimate made by the said 
Court of General Sessions of the Peace of the necessary 
charges likely to arise within said County, the Current 
year, amounting to six hundred pounds : 

Resolved That the sum of six hundred pounds, be, and 
is hereby granted as a tax for said County of Hampshire 
to be appropriated, assessed, collected and applied in 
manner agreeable to Law. February 14, 1791. 

Chapter 35. 

RESOLVE ALLOWING THE ACCOUNTS OF THE GUARDIANS OF 
THE DUDLEY INDIANS. 

Whereas it appears by examining the accounts pre- 
sented l)y the Guardians of the Dudley Indians from 
January 1789 to January 1791, that the articles are 



Resolves, 1790. — January Session. 175 

reasonably charged, and the sums well vouched and 
right cast ; and that there is a balance in favour of 
said Guardians of the sum of Eighteen pounds seven shil- 
lings & two pence which they are in advance with the said 
Indians : 

Resolved that the said accounts be accepted and allowed 
and that the said Guardians be credited the sum of 
Eighteen pounds seven shillings and two pence in some 
future settlement — And Whereas the sum of twenty six 
pounds nineteen shillings & four pence was due to said 
Guardians on a former settlement as appears by a resolve 
passed February 17, 1789, which sum is included in the 
settlement now made with them : 

Resolved That the sum which appears to be due to said 
Guardians by the Resolve passed Feby. 17, 1789 be con- 
sidered as discharged. February 14, 1791. 

Chapter 36. 

RESOLVE ON THE PETITION OF LOIS GREEN LEAF, GRANTING 
HER £.7 5s. FOR HER LATE HUSBAND'S PAY AS A MEMBER 
OF THE GENERAL COURT, IN 1776. 

On the Petition of Lois Greenleaf Administratrix on 
the Estate of Samuel Greenleaf late of Newhury deceased 
praying that the Treasurer of this commonwealth may be 
directed to pay to her what was due to her late husband 
for his service as Member of the General Court for the 
year 1776. 

Resolved that the prayer thereof be granted and that 
the Treasurer be & he hereby is directed to pay to the 
Said Lois Greenleaf the sum of seven pounds five shillings 
which appears due to the estate of her late husband on a 
Roll of the House of Representatives made up in March 
nil. February 15, 1791. 

Chapter 37. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF PLYMOUTH, AND GRANTING A TAX. 

Whereas the Treasurer of the County of Plymouth has 
laid his accounts before the General Court in manner by 
Law prescribed, which accounts are hereby allowed : 

And Whereas the Clerk of the Court of the General 
Sessions of the peace for said County has laid before the 
General Court an estimate made by the said Court of 



176 Resolves, 1790. — January Session. 

General Sessions of the peace of the necessary charges 
likely to arise within the said County the Current year, 
amounting to two hundred and Jifti/ pounds : 

Resolved, That the sum of two hundred and jifli/ pounds 
be and is hereby granted as a tax for said County of 
Plymouth to be appropriated, assessed, collected, and 
api)lied in manner agreeable to Law. 

February 15, 1791. 

Chapter 38. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
TOWN OF UXBRIDGE, AUTHORIZING THE COMMITTEE ON 
ACCOUNTS, TO EXAMINE THE ACCOUNT OF SAID TOWN FOR 
THE SUPPORT OF BETTY TRTFLE, ONE OF THE POOR. 

On the Petition of the Inhabitants of the Town of 
Uxbridge praying that the Committee on Accounts may 
be enabled to examine their Account for the boarding &c 
of Betty Tryfle one of the Poor of this Commonwealth 
& if just to allow & pass the same. 

Resolved that the prayer of said Petition be granted 
and that the Committee on Accounts be and hereby are 
authorized to examine any Account of the Inhabitants of 
said Uxbridge for the support of the said Pauper & if 
just to allow and pass the same any Law, usage or Custom 
to the contrarj^ notwithstanding. February 15, 1791. 

Chapter 39. 

RESOLVE ON THE PETITION OF NATHAN TYLER, IN BEHALF OF 
THE INHABITANTS OF THE TOWN OF UXBRIDGE. 

On the Petition of Nathan Tyler in behalf of the 
Inhabitants of the Town of Uxbridge praying for lil)erty 
to return sixty stands of small Arms which were borrowed 
of the Commonwealth. 

Resolved that the prayer of said Petition be granted, 
and that the Commissary General of said Commonwealth 
be and he hereby is authorized and impowei'ed to receive 
said Arms and discharge the Inhabitants of said Uxbridge 
therefrom in the same manner as tho' said Arms had been 
returned within the time prefixed in a former Resolve for 
that purpose, provided the said Arms are in good order 
agreably to said Kcsolve. February 16, 1791. 



Resolves, 1790. — January Session. 177 



Chapter 40. 

RESOLVE ON THE PETITION OF EZRA BRlG(iS, AUTHORIZING 
MR. JUSTICE PADELFORD TO GRANT HIM A NEW TRIAL. 

Upon the petition of £Jzra Briggs. 

Resolved, That Seth Padelforxl, Esq. one of the Justices 
of the peace for the county of Bristol, be & he is hereby 
authorized & empowered, to grant to the said JSzra Briggs 
a new tryal for the crime of theft, of which the said Briggs 
stands convicted by his own confession, on the records of 
the said Seth Padelford, and the said Padclford is hereby 
directed to hear & determine upon any evidence relative 
to the insanity of said Briggs, at the time of his supposed 
commission of the crime aforesaid, in the same way & 
manner as if no proceedings had been had thereon. 

February 16, 1791. 



Chapter 41. 

RESOLVE ON THE PETITION OF ELIZABETH INCHES. 

On the petition of Elizabeth Inches praying that an 
Action or Process commenced by her against John Lane 
& Thomas Frazer Agents & Trustees of Jonathan Warner 
may be brought forward before the Court of Common 
Pleas next to be holden at Boston within & for the 
County of Suffolk on the third Tuesday of AjJril next 
and considered as tho' said Process had been duly & 
regularly continued from the term of said Court in 
October last to that of the first Tuesday of January last 
& thence to that of April next & that the said Court 
may be authorized & empowered to take cognizance of 
& proceed on the same accordingly. 

Resolved That, for the reasons set forth in said petition 
the prayer thereof be granted and that the Action or 
Process aforesaid be brought forward on the records of 
said Court accordingly and the said Court are hereby 
empowered & required to take Cognizance of said Process 
& proceed thereon agreably to Law in the same manner 
as tho' the said Process had been from term to term 
continued as aforesaid. And that the same Proceedings 
on the said Suit or Process may & shall be had until final 
Judgment & Execution on the same in any & all Courts 
to which the same might have been carried as tho' the 



178 Besolves, 1790. — Janitary Sessioi^. 

Appeal mentioned in said Petition had never been allowed 
by the Court of Common Pleas but the said Process had 
been regularly continued until the term of said Court of 
Common Pleas'in April next. — And that all consequent 
Suits & Processes may & shall be open & pursued in the 
same manner in all Courts as tho' the original Suit had 
been continued as aforesaid. 

Provided^ the Petitioner Serve the Attornies of the 
Said Lane & Frazer, & Warner, with an attested copy 
of this Resolve at Least fourteen days before the Said 
third Tuesday of ^^n7 next. February 16, 1791. 



Chapter 42. 

RESOLVE ON THE PETITION OF AZARIAH ASHLEY, AUTHORIZ- 
ING HIM TO EXHIBIT THE ACCOUNTS OF THE TOWN OF 
WASHINGTON TO THE COMMITTEE ON ACCOUNTS. 

On the Petition of Azariah Ashley in behalf of the 
Town of Washington praying for payment of a number of 
accounts which said Town have paid for nursing Docter- 
ing & Boarding one John Linmait a native of Denmark. 

Resolved that the prayer of said Petition be So fkr 
granted as that the Petitioner is hereby authorized and 
allowed to Exhibit the said accounts to the Committee on 
Accounts for their Examination and allowance, any Law 
or Resolve to ye Contrary notwithstanding. 

February 16, 1791. 



Chapter 43. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
TOWN OF HARVARD. 

On the petition of the Committe in behalf of the 
Inhabitants of the Town of Harvard. 

Resolved, That the doings of the Inhabitants of the Town 
of Harvard in Jany. last in choosing Jonathan Symonds 
Collector to Collect the Taxes of the said Town for the 
year 1790 in the Room of David Sampson, (who was 
chosen for that purpose at the Annual March meeting, 
but afterwards failed in Estate) be confirmed, and made 
valid, for the reasons set forth in the said petition. 

February 17, 1791. 



Kesolves, 1790. — January Session. 179 



Chapter 44. 

RESOLVE APPOINTING A COMMITTEE TO MAKE A FINAL AND 
ABSOLUTE SETTLEMENT WITH THE HON. NATHANIEL GOR- 
HAM AND OLIVER PHELPS, ESQRS., RELATIVE TO THEIR 
BOND. 

Resolved, that Saml. Phillips, Walter 8pooner & the 
Hon. David Cobh, Esqrs., Thomas Davis & William 
Eustis, Esqrs. be a committee with full power to make a 
final & absolute settlement with the Honble. JSFathl. 
Gorham and Oliver Phelps Esqrs. relative to the Bond 
for one hundred thousand Pounds in State Notes, given 
by the said Gorham & Phelps to this Commonwealth ; the 
said Committee to make report of their doings to the 
Genl. Court in fourteen days from the passing of this 
Resolve. February 16, 1791. 

Chapter 45. 

RESOLVE DETERMINING THE TWO UNDIVIDED THIRD PARTS 
OF THE WESTERN LANDS, TO BE THE EXCLUSIVE PROPERTY 
OF THIS COMMONWEALTH, AND DIRECTING THE SECRETARY 
TO COMMUNICATE TO MESSRS. GORHAM AND PHELPS, THIS 
DETERMINATION OF THE LEGISLATURE. 

Whereas by a certain contract made between this Com- 
monwealth on the one part and Nathaniel Gorham and 
Oliver Phelps Esquires on the other part, it was among 
other things covenanted and agreed, that the said Gorham 
and Phelps should be interested in two undivided third 
parts of certain western lands belonging to the said Com- 
monwealth, in the manner and on the conditions in said 
Contract expressed, unless the Legislature of the said 
Commonwealth, within one year from the date of the 
resolution on which the said contract was founded, should 
otherwise elect and determine. 

Resolved that the said two undivided third parts of the 
said western lands shall remain the exclusive property of 
this Commonwealth and that this the election and deter- 
mination of the said Legislature be communicated and 
made known to the said Gorham and Pheljjs, by the 
Secratary of the said Commonwealth who is hereby 
directed, as soon as may be, to deliver to them or to one 
of them, an attested Copy of this Resolution, and to make 
Record of his doings in consequence of this Resolution. 

February 18, 1791. 



180 Resolves, 1790. — January Session. 



Chapter 46. 

RESOLVE ON THE PETITION OF JOHN PETERSON, IN BEHALF 
OF THE TOWN CLERK OF BRUNSWICK. 

On the Petition of John Peterson in behalf of the town 
clerk of Brunsioick, praying that this Court would remit 
the penalty to said Town Clerk for his neglect in not 
returning the Votes of said Town for Governor Lieut. 
Governor & Senator for the County of Cumberland. 

Resolved that the prayer of said Petition be granted & 
that the penalty which has accrued to the Commonwealth, 
by reason of the neglect aforesaid, be & the same is hereby 
remitted to said Town clerk — And the Attorney General 
is hereby directed not to prosecute the said Town clerk 
for the Penalty aforesaid. February 18, 1791. 

Chapter 47. 

RESOLVE ON THE PETITION OF JAMES PRESCOTT, IN BEHALF 
OF THE PROPRIETORS OF THE TOWN OF GROTON. 

On the petition of James Prescott in behalf of the pro- 
prietors of the Town of Groton praying compensation 
may be made them for Land lost hj running the line 
between this Commonwealth and the State of JSfew York. 

Whereas it appears to this Court that nineteen hundred 
and eighty acres of Land belonging to a Grant formerly 
made to the proprietors of the Town of Groton have fallen 
within the State oi New York: 

Resolved that the Committee on the subject of unappro- 
priated Land in the County of Lincoln be and they are 
hereby impowered and directed (in behalf of this Com- 
monwealth) to confirm unto Thomas Spalding and such 
other proprietors of Groton as have not had their rights 
and claims satisfied, in that part of the Grant afs'd 
which did not fall within the State of New York such a 
quantity of the unappropriated Lands in any of the four 
Eastern Counties of this Commonwealth as the sd. Com- 
mittee shall estimate at tioo hundred & fifty pounds in 
full compensation for 1000 acres part of the aforesaid 
nineteen hundred & eighty acres provided the sd. pro- 
prietors pay to the sd. Thomas Spalding their part 
(according as they are interested) of the cost that has 
arisen or may arise in procuring the Grant. 

February 18, 1791. 



Resolves, 1790. — January Session. 181 

Chapter 48. 

RESOLVE ON THE PETITION OF ELIZABETH SPARHAWK. 

On the Petition of Elizabeth Sparhawk respecting her 
demands against the Estate of Sir William Pepperrell 
which has been confiscated to the use of this Common- 
wealth. 

Resolved, that William Tudor Esqr. the Attorney of 
the said Elizabeth, be and he is hereby appointed and 
authorised as Agent in the behalf of this Commonwealth, 
to receive of the said Elizabeth Sparhawk, and others 
having possession thereof, the Bonds, Notes, Specialties, 
and other Credits which were due to the said Sir William 
Pepperrell, and confiscated as aforesaid, and that the said 
William Tudor, be authorised and directed immediately 
to proceed in the name and behalf of this Commonwealth 
or otherwise as shall be found lawful and necessary, to 
demand recover and receive all sums of money due by 
virtue of the said Bonds Specialties or other Credits, or 
any of them, and by and with the Aid of the Attorney 
General of this Commonwealth to commence and prose- 
cute to final judgment, execution and satisfaction any suit 
or action which shall be found necessary in the Premises. 
And the said William Tudor shall deliver to the Treas- 
urer of this Commonwealth an Inventory of all such 
Bonds Specialties or other Credits, which shall come to 
his hands as aforesaid, and for all monies which shall be 
received by him thereupon shall account with the said 
Treasurer on demand. 

Resolved, that the said Elizabeth Sparhatok, shall be 
entitled to receive and shall be paid by the said William 
Tudor the full sum of thirteen hundred and sixty six 
pounds thirteen shillings and fotir pence together with 
Interest thereof from the 1st. day of April A. D. 1776, 
until paid, or such sum as shall appear to have been then 
due to the said Elizabeth for a legacy given to her in the 
last Will of her Father the late Sir William Pepperrell 
and to have been held in trust for the said Elizabeth by 
the said first named Sir William Pepperrell ; the Claim 
of the said Elizabeth to be examined and the balance due 
to be certified by the Treasurer and Attorney General of 
this Commonwealth, and their Certificate thereof to be 
deposited with the Secretar}^ — Provided that the receipts 
of the said Tudor hereupon shall be sufficient to satisfy 



182 Resolves, 1790. — January Session. 

the said Claim, after deducting all expences and Charges 
which shall arise in the execution of this Trust otherwise 
so much only of said Claim shall be satisfied as the said 
receipts shall be sufficient to discharge after deducting 
the said Expences and Charges. 

Resolved, that after discharging the said Claim together 
with the said Expences and Charges, the said Tudor shall 
pay into the Treasury of this Commonwealth all the residue 
of the monies which shall be received by him by virtue 
hereof, to be determined on the adjustment of his Account 
with the Treasurer of this Commonwealth for the time 
being. Provided however the Commonwealth shall not 
be subjected to any cost or charge from any suits which 
may be commenced in consequence of the foregoing 
Resolve. February 18, 1791. 

Chapter 49. 

RESOLVE ON THE PETITION OF JOHN BOLT MILLER — £.10 17 6, 
FROM HIS LATE FATHER'S PENSION, TO BE PAID SIMON 
FRYE, ESQ. 

On the petition of John Bolt Miller Setting fourth, that 
his late Father Robert Miller Lost an arm, at the Siege 
of Louisburg in the year 1745, in Consideration of which 
a pension of Nine pound pr. annum was granted him by 
the goverment. 

Resolved, that their be paid out of the Treasury of this 
Commonwelth to the Said John Bolt Miller, Son of the 
Said Deceas'd Robert Miller, the Sum of Ten pounds 
Seventeen Shillings & Six pence in full for his pension 
from the first Day of January 1786, to the loth. Day of 
March 1787, being one year and two months and an half, 
to the time of Said Millers Decease and that Simon Frye 
Esq. of Fryburg be, and he hereby is, authorised to Re- 
ceive the Same. February 19, 1791. 

Chapter 50. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF FRYE- 
BURG, EMPOWERING EZEKIEL WALKER TO PROCEED IN 
THE COLLECTION OF TAX No. 6, AND TO COM PLEAT HIS 
COLLECTIONS BY THE FIRST OF JUNE NEXT. 

On the Petition of the Selectmen of the Town of Frye- 
burg Praying that Ezehiel Walker Constable of said 
Fryeburg in the year 1788 may be enabled to Collect said 



Resolves, 1790. — January Session. 183 

Town's Proportion of Tax No. 6 for Reasons set forth in 
said Petition. 

Resolved, that Ezehiel Walker Constabel for the Town 
of Fryehurg in the year 1788 be and he hereby is Em- 
powered and directed to proceed in the Collection of tax 
No. 6 aney new Proceedings of the presant Selectmen of 
said Fryeburg had thereon notwithstanding and that he 
Compleete and make up his collection by the first day of 
June Next and the Treasurer is hereby directed to stay 
Execution against said Ezekel Walker untill the sd. first 
Day of June. February 19, 1791. 

Chapter 51. 

RESOLVE ON THE PETITION OF JOSEPH DUDLEY SEEDED, 
AND ETHELINDA HIS WIFE, AUTHORIZING THE JUDGE OF 
PROBATE FOR THE COUNTY OF HAMPSHIRE, TO ORDER 
HER SHARE IN SAID ESTATE TO BE SET OFF. 

On the Petition of Joseph Dudley Selden & Ethelinda 
his Wife praying that the Judge of Probate for the County 
of Hampshire may be impowered to order that the Share 
of the said Ethelinda in the Estate of Benjamin Colt 
late of Hadley deceased, may be set oil* to her in sever- 
alty, for reasons set forth in their petition. 

Resolved that the pra3'er of the said Petition be granted 
and that the Judge of Probate for the County of Hamp- 
shire be and he hereby is authorized and empowered to 
order that the Share of the said Ethelinda in the Estate 
of the said Benjamin deceased, be set off to her to hold 
in severalty, any Law or usage to the contrary notwith- 
standing. February 19, 1791. 

Chapter 53. 

RESOLVE ON THE PETITION OF JOHN BLANCHARD. 

On the Petition of John Blanchard, praying for Liberty 
to reenter a Report of Refferrees, at the Court of Common 
Pleas next to be holden in & for the County of Middlesex, 
for Reasons set forth in the Said Petition. 

Resolved, that a Report of Refterrees, upon the Settle- 
ment of all Demands, between the said John Blanchard 
& Samuel Blanchard, which was made to the Court of 
Common Pleas in & for the County of Middlesex, on the 
Second Tuesday of March last past (which Report was 
ordered by the said Court to be re-committed ; from which 



1^^ Eesolves, 1790. — January Session. 

Order the said John appealed to the then next Supreme Jii- 
ditial Court in & for ye said County oi Middlesex; where- 
upon the said Supreme Juditial Court considered, that the 
Court of Common Pleas had no right to grant such appeal, 
and that the same could not lie in the Supreme Court) may 
be, by the Said John, reentered at the Court of Common 
Pleas next to be holden in & for the County of Middlesex 
on the Second Tuesday of March next, & that the Same 
Proceedings be had thereon, as tho' the said report had 
been continued from term to term to the said Second tues- 
day in March next, and no appeal had been granted from 
the Order of Court thereon. Provided the said John 
Blanchard Serve the Said Samuel Blanchard with an at- 
tested Copy of this Eesolve at least fourteen days before 
the Said Second Tuesday in March next. 

February 19, 1791. 

Chapter 53. 

RESOLVE GRANTING TO JOHN KIRKLAND, ESQ. £.11 8*. FOR HIS 
ADMINISTERING THE OATH OF ALLEGIANCE TO A NUMBER 
OF INSURGENTS IN 1787. 

On the Petition of John KirUand Esqr. that Justice 
may be done him in acting in obedience to the orders of 
Col. Ezra Badlam; and agreably to Law in accompany 
ing the said Colonel's Regiment, in the year 1787, through 
several Towns of this Commonwealth in the County of 
Hampshire and there administring the oath of allegiance 
to a number of the then Insurgents. 

Resolved that the Treasurer of this Commonwealth be, 
and he is hereby, directed to issue his note payable to the 
Petitioner or his Order, for the Sum of Eleven pounds eight 
shillings, in full for his Travel, ninety seven miles, and 
for his administring one hundred and ninety Eight oaths, 
and giving his several Certificates of the same, to that 
number of such Insurgents. February 19, 1791. 

Chapter 54. 

RESOLVE ON THE PETITION OF ZACHARIAH BUSH, BOHUX 
KING AND CALEB BOSWORTH, ALLOWING THEM £ 3 14 4. FOR 
TRAVEL AND ATTENDANCE AS WITNESSES IN A CRIMINAL 
PROSECUTION, AT SEVERAL JUDICIARY COURTS IN THE 
COUNTY OF HAMPSHIRE. 

On the petition of Zachariah Bush, Bohun King, and 
Caleb Bosivorth, praying for an allowance for their travil 



Kesolves, 1790. — January Session. 185 

and attendance, as Witnesses in a criminal prosecution at 
several judiciary Courts in the County of Hampshire. 

Resolved, that the prayer of said Petition be granted, and 
that there be paid out of the Treasury of this Common- 
wealth, to each of the above petitioners, the sum of three 
pounds, fourteen Shillhigs &foiir pence lawful money, in 
full for their service as aforesaid. February 21, 1791. 

Chapter 55. 

RESOLVE FOR THE PAYMENT OF WARRANTS, DUE BILLS AND 
ORDERS. 

The Committee of Both houses who were appointed to 
Consider at Large the Subject of warrants. Due Bills and 
Orders, Draw^n on or issued from the Treasury of this 
Commonwealth, & Report what measures may be neces- 
ary to be Taken Respecting the Same, have attended the 
Business, and Report as their Opinion w^hich is humbly 
Submitted. SAML. BAKER pr. order. 

That all the Taxes prior to Tax No. 8 already Issued 
and not otherwise specially apropriated be appropriated 
to Discharge the said Demands. 

That the Treasurer be Directed to give to such of the 
Holders of the said warrants Due Bills or Orders as Shall 
apply for the same ; his Obligation Dated Jany. ye 1st. 
1791 payable one third in one year, one third in two 
years, and one third in three years, from the Date with 
Interest at the rate of six per centum per annum, that if 
the said Taxes shall be sooner Collected and paid into the 
Treasury so that payment Can be made prior to the said 
periods, the Treasurer be Directed to give publick 
noti [c] e thereof and make payment accordingly. Read and 
accepted & Resolved accordingly. February 21, 1791. 

Chapter 56. 

RESOLVE ON THE TETITION OF LYDIA PRATT, DIRECTING 
JOHN DEMING, ESQ. TO CERTIFY THE BALANCE DUE TO 
ISAAC HOUGHTON. 

On the Petition of Lydia Pratt praying for the wages 
oi Isaac Houghton, (deceased) a soldier in Coll. Baileys 
Regiment, she l^eing the legal representative and sole heir 
of the said Isaac as appears by a Certificate of the Select- 
men of the Town of Middleborough in the County of 
Plymouth. 



186 Resolves, 1790. — January Session. 

Resolved that John Deming Esq. be, and he hereby is 
directed, to certify to the Governour and Council, the 
Ballance due to the said Isaac (being the sum of Thirty 
six pounds One shilling & three pence, ) in the same way 
and manner, as such ballances have heretofore been certi- 
fied, and that the said Lydia, be entitled to receive the 
same Accordingly, any Law or resolve to the Contrary 
notwithstanding. February 21, 1791. 

Chapter 57. 

RESOLVE ON THE PETITION OF DAVID DEXTER AND AARON 
NORTON, BOTH OF ROCHESTER, EMPOWERING THE SAID 
AARON NORTON, TO EXECUTE THE DEED MENTIONED. 

On the petition of David Dexter and Aaron Norton 
as the said Norton is Administrator on the Estate of 
Benjamin Dexter Jur. late of Rochester in the County of 
Plymouth Yeoman deceased, praying that the said Aaron 
in his Capacity as Administrator as aforesaid may be 
authorized to execute a certain Deed, writen to convey 
certain real Estate from the said Benjamin Dexter Jur., 
Nicholas Snoio and Hannah his wife and Thankfull Dexter 
Dated the fourteenth day of March Anno Domini 1780, 
and which Deed was in fact signed & sealed by the said 
Nicholas Snow and Hannah his wife and the said Thank- 
fall Dexter, but which the said Benjamin Dexter Jur. in 
his life time neglected to sign and seal. 

Resolved, for reasons set fourth in said petition, that the 
prayer thereof be granted, and that the said Aaron Nor- 
ton in his said Capacity be and he hereby is authorized and 
Impowered to make and Execute to the said David Dexter 
his heirs & assigns for ever, a Deed of all the right and 
title which the said Benjamin Dexter Jur. in his life time 
had in and to a certain tract or parcel of Land and Salt 
meadow lying in said Rochester containing about one hun- 
dred and thirty five acres (more or less) reference to be 
had to a Deed signed by Moses and Isaac Hiller and 
others hiers of Benjamin Hiller deceased to Benjamin 
Dexter and Phillip Dexter Dated the fourth day of No- 
vemher Anno Domini 1768 for the particular bounds of 
the whole tract ; — saving only, that part of the said Late 
Benjamin Dexter Jur.'s share in said tract of Land which 
lies to the westward of the road leading from William 
Shearman Jur.'s Dwelling House to the Dwelling oi John 
Dexter Jur. ~ which said Deed so made and Executed by 



Kesolves, 1790. — January Session. 187 

the said Aaro7i in his said capacity shall give to the said 
David his heirs and assigns for ever as good a title, as a 
deed of the same tenor from the said Benjamin could give, 
were he now in full life. Febmary 21, 1791. 

Chapter 58. 

RESOLVE ON THE PETITION OF JOSEVH BROWN, EMPOWERING 
THE TREASURER TO ISSUE TO THE SAID BROWN, THREE 
NOTES OF CERTAIN DESCRIPTIONS. 

On the petition of Joseph Brown Representing that on 
the night of the 25th. oi April 1789 the Dwelling House 
of Lt. William Kiitridge of TeivTceshury was Consumed by 
tire, in which were three Treasurers notes, one Drawn in 
favor of the Said Kiitridge one in favor of his Son Job 
Kiitridge, and one in favor of Daniel Marshal — And 
that the Said Job Kiitridge and the heirs to the Said 
William I^ittridge, have empowered the Said Petitioner 
to receive the Said notes. 

Resolved that the petition be So far granted that the 
Treasurer of this Commonwealth Be and he is hereby em- 
powered and Directed to Issue to the Said Joseph Brown, 
three notes of the following description one No. 19354 
Dated December 1st. 1783 for Jiffy Six pounds nineteen 
shillings — one No. 24418 Dated Novr. 1st. 1786 for Seven 
pounds five shillings and Sixpence — and one No. 11438 — 
DixiediFeby. 1st. 1783 iov fifty Six pounds eleven shilli7igs 
— and to make on the said notes the same endorsments of 
Interest as were made on the original notes. And the Said 
Treasurer is further Directed to Require a Bond of the Said 
Brown with Sufficient Sureties (previous to his renewing 
the Said notes as aforesaid) To indemnify the Common- 
wealth, against any Demands that may arise from any 
person or persons by virtue of the notes alledged to be 
Destroyed as aforesaid. February 21, 1791. 

Chapter 58a.* 

RESOLVE REPEALING THE RESOLVE OF FEBRUARY 7, 1785. 

Resolved that the resolution of the General Court passed 
February 7th 1785, providing that after the passing the 
said resolution, the District of Orange should forever be 
at the charge of maintaining the bridge over the river 

* Not printed in previous editions. Taken from court record. 



188 Resolves, 1790. — January Session. 

Tully so called, and the causeways on that road from said 
bridge to the poles that are laid on to the little bridge 
between the two rivers in the town of Athol, be and the 
same is hereby repealed and declared to be null and void. 

February 21, 1791. 

Chapter 59. 

RESOLVE ON THE PETITION OF ISAAC STEARNS, AUTHORIZING 
HIM TO SELL, AS ADMINISTRATOR, THE LAND MENTIONED. 

On the Petition of Isaac Stearns Esqr. & others the said 
Isaac being Administrator on the Estate of Joseph Hill 
late deceased praying for liberty to sell sundry pieces or 
parcels of Land belonging to said Estate. 

Besolved that the Prayer of the petition be so far 
granted as that the said Administrator be and he hereby 
is fully authorized & impowered to sell either at public or 
private sale the Land with the Buildings thereon standing 
which Joseph Foster sold to the said Hill together with 
forty acres of Land lying in the Town of Gardiner and 
belonging to said Estate — the said Administrator taking 
herein the advice & direction of the Judge of Probate for 
the County of Middlesex and being accountable to him for 
the proceeds of the Sales thereof. February 22, 1791. 

Chapter 60. 

RESOLVE ON THE PETITION OF ABIGAIL ALLEN. 

On the Petition of Abigail Allen Widow of Captain 
Jacob Allen who was slain in battle during the late Avar 
— Praying for a ballance due to hir by virtue of a Resolve 
of the Legislature of this Commonwealth passed July 1786. 

Resolved that the Committee for methodizing Public 
Accounts be, and they hereby are directed to certify the 
Imllance due to the f^aid Widow Allen and the Treasurer 
of this Commonwealth is hereby directed to pay hir in the 
same way and manner as other widows in similar circum- 
stances have been paid. February 22, 1791. 

Chapter 61. 

RESOLVE ON THE PETITION OF THE ASSESSORS OF FRANCIS- 
BOROUGH. 

On the petition of the Assessors of the plantation Called 
Francisborouf/h, in the County of York, praying for the 
abatement of their Taxes. 



Resolves, 1790. — January Session. 189 

Resolved, that, the assessors of the said })lantation, be, 
and they hereby are directed, without delay, to assess 
upon the inhabitants thereof, agreeably to Law (if not 
already assessed) the sum of one hundred & Jive pounds, 
eight shillings & six pence, being the sum set on the said 
plantation in Tax No. 5, also the sum oi twenty two pounds, 
seventeen shillings heing the sum set on the said plantation 
in Tax No. 6, also the further sum of teii pounds, nineteen 
shillings & nine pence being the sum set on said plan- 
tation, in Tax No. 7, and make return of said assessments, 
to the Treasurer of this Commonwealth. 

And be it further Resolved, that, the said plantation, 
may discharge themselfs, of the aforesaid sums in the 
following manner {viz) by applying the aforesaid sums 
set on them in Tax No. 5 and No. 6, amounting to one 
hundred twenty eight pounds, fifteen shillings & six pence, 
for the support of a public Teacher of piety religion & 
morality, and for a school or schools, and for opening & 
repairing roads, in said plantation, in such proportion, as 
the inhabitants thereof, at a meeting called for that pur- 
pose, shall Judge best ; also by paying to the Treasurer of 
this Commonwealth, the sum set on said plantation in Tax 
No. 7, on or before the first Day of July next; Provided 
the said plantation shall in one year, from the first Day 
of March next, produce to the Treasurer of this Common- 
wealth a 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 this 
Resolve ; and shall also make payment of Tax No. 7 as 
aforesaid then the said Treasurer, is hereby directed, to 
discharge the said plantation, from the afore mentioned 
Taxes; but in default thereof, the said plantation shall 
be held to pay the whole of the aforesaid sums ifito the 
Treasury, and the Treasurer is hereby directed to govern 
himself accordingly. February 22, 1791. 

Chapter 63. 

RESOLVE ON THE MEMORIAL OF THOMAS MCDONOGH, ESQ. 
BRITISH CONSUL, AND HIS EXCELLENCY'S MESSAGE, RE- 
SPECTING THE CASE OF HOOPER VS. PAGAN. 

Resolved that the Memorial of Thomas McDonogh 
Esquire Consul of his Britannick Majesty received by 
Message from his Excellency the Governour with all the 
Papers that have been ofiered concerning the same be 



190 Resolves, 1790. — January Session. 

referred to the Consideration of the Justices of the 
Supreme Judicial Court and the said" Justices are hereby 
authorized and directed as soon as may be to examine 
into and Consider the circumstances of the Case and such 
further representations as the said Consul may make 
thereon, & if they find from the present state of the Case 
and from what shall be exhibited to them, that by the 
force and Effect aIlo\yed by the Law of Nations to foreign 
admiralty Jurisdiction the said Stephen Hooper of Newbury 
Port in the County of Essex Merchant ought not to have 
recovered Judgment against Thomas Pagan of iSaint Johns 
in the province of New Brunswick Merchant for the sum 
of three thousand and nine pounds two shillings and ten 
pence Damages and sixteen Poicnds, tivo shillings & ten 
pence Costs, as he hath done in an action tried at the 
Supreme Judicial Court held at Ipswich in & for said 
County of Essex on the third tuesday of Jujie in the year 
seventeen hundred & eighty nine, or that from surprize 
mistake or accident the Case on the part of said Pagan 
was not fully explained or consider'd or that from prin- 
ciples of Equity & Justice the said Pagan ought to be 
permitted to review the said Cause the said Justices after 
hearing or notifying the adverse party thereto are in such 
Case authorized & directed to Grant a Review of the 
action aforementioned, and on his the said Pagan's giving 
Bail or Security in such manner & form as they shafi 
direct, to suspend or supercede the Writ of Execution 
which has been issued on said Judgment, and a A\^rit of 
Review shall thereupon be sued out & prosecuted to final 
Judgment execution & effect in the same manner as is 
provided in other actions of Review. 

February 22, 1791. 

Chapter 63. 

RESOLVE ON HIS EXCELLENCY'S MESSAGE, WITH THE ADDRESS 
OP THE SOCIETY FOR PROPAGATING THE GOSPEL AMONG 
THE INDIANS AND OTHERS IN NORTH AMERICA, ALLOWING 
£.150 PER ANNUM FOR THREE YEARS, TO ANSWER THE IM- 
PORTANT PURPOSES MENTIONED. 

On the Governour's Message of the 28 of Jany. 1791, 
with the address of the Society for propagating the Gos- 
pel among the Indians and others in JV^orth America. 

Whereas the most l)eneficial effects may be derived 
from the Diffusion of human and divine knowledo-e : And 



Resolves, 1790. — Januaey Session. 191 

whereas it appears to this Court, that, in some parts of 
this Commonwealth, the means for that purpos, are not 
enjoyed, the inhabitants thereof, being unable, from their 
particular situation & circumstances, to be at the neces- 
sary expence for that purpose, without the aid of Gover- 
ment : Therefore 

Mesolved, that, there be allowed & paid out of the 
Treasury of this Commonwealth, the sum of one hundred 
and fifty pounds to the Treasurer of the said Society, 
annually, for three years to be applied, as they shall 
Judge, most conducive, to answer the important purposes, 
mentioned in their said address. February 22, 1791. 

Chapter 63a.* 

ORDER ON THE PETITION OF JOHN DUPEE. 

On the Petition of JoJin Dupee praying for a New 
Trial in an Action brought against him by Jabez Fair- 
banks before Abner Holden Esq. on the fifteenth day of 
March 1788. 

Ordered, that the prayer of the said Petition be so far 
granted, that the Petitioner serve the said Jabez Fairbanks 
with an attested Copy of his Petition, and this Order 
thereon at least fourteen days before the Second Wednes- 
day of the next Setting of the General Court, that he may 
appear and Shew cause, if any he can Shew, on the said 
day, why the prayer of the said Petition should not be 
granted . Feb ruary 22, 1791. 

Chapter 64. 

RESOLVE ON THE PETITION OF LEVI RAWS ON, ALLOWING 
HIM TO PAY IN CONSOLIDATED NOTES, THE SUM MENTIONED ; 
WITH A PROVISO. 

On the Petition of Levi Baivson praying that he may 
be permitted to pay, in any securities of this Common- 
wealth, the sum of Jiffy two pounds fen shillings now 
in Execution against him in favour of the said Common- 
wealth. 

Resolved that the said Levi be and he hereljy is per- 
mitted and allowed to pay in consolidated Notes of this 
Commonwealth, the aforesaid sum of fifty two pounds ten 
shillings in discharge of the said Execution ; and the 

* Not printed in previous editions. 



1^2 Resolves, 1790. — January Session. 

Officer holding said Execution is hereby directed to receive 
the .same sum in consolidated Notes as aforesaid provided 
the same shall be i)aid within thirty days from the time 
of passing this Eesolve and provided also that all Costs, 
fees & charges demandable by virtue of the same Execu- 
tion shall be paid in solid coin, current in this Common- 
wealth ; and the Treasurer of this Commonwealth is hereby 
directed to receive of such Officer the same Notes in lieu 
of Money —provided it shall be proved to the said Treas- 
urer, either by the Oath of said officer or other satisfactory 
Evidence, that he in fact received of said liawson such 
Notes on the Execution aforesaid. February 23, 1791. 



Chapter 65. 

RESOLVE ON THE PETITION OF JESSE BARLOW, AGENT FOR 
THE SECOND PARISH IN SANDWICH, MAKING VALID PARISH 
MEETINGS. 

On the Petition of Jesse Barlow agent for the inhaba- 
tants of the Second parish in Sandwich Seting forth That 
by reason of Their exposed Situation in the late war : no 
parish meeting was holden in said Parish for the Term of 
two years, and that Their next Parish meeting was called 
by Their former assessors, although they had been chosen 
two years previous to such Meeting, & praving that the 
doings of said Meeting may be made Valid. " 

Resolved That the Proceedings of the inhabatants of 
the Second Parish in the Town of Sandwich: at Their 
Meeting first holden in said Parish (after the said Two 
years had elapsed in which Time no Parish Meeting had 
been holden there) be and hereby are establishecF and 
Made as valid as they would have been if the said meetintr 
had been legally warned. February 23, 1791. "^ 

Chapter 66. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF CONWAY, ALLOWING THEM FURTHER TIME FOR THE 
PAYMENT OF CERTAIN TAXES. 

On the Petition of the Select Men of the Town of Con- 
way praying for a further time to pay Certain Taxes in 
Said Petition mentioned. 

Resolved for Reasons Set forth in said Petition that the 
Inhabitants of the Town of Conway be allowed a further 
time of nineteen Months from the passing of this Kesolve, 



Resolves, 1790. — January Session. 193 

for the payment of the remauiing Sums due on Taxes 
Number four and Number five and the Treasurer of this 
Commonwealth is directed to govern himself accordingly. 

February 24, 1791. 



Chapter 67. 

RESOLVE QUIETING AND CONFIRMING SETTLERS UNDER JOHN 
BREWER AND SIMEON FOWLER, IN ORRINGTON. 

Whereas the committee for the sale of Eastern lands by 
their Deed in behalf of this Commonwealth dated the 
twenty fifth day oi' March 1786 did sell & convey to John 
Breivei" & Simeon Fotvler, & other settlers, a tract of 
land lying in Orrinf/ton formerly called JV^eiv Worcester in 
the County of Hancock containing Ten Thousand eight 
hundred & sixty four acres, to hold the same to the said 
John & Simeon & other settlers described in said Deed, 
in the manner, proportion, & upon the conditions therein 
mentioned : And Whereas the said settlers have applied 
by petition to this Court, praying that they may be quieted 
in One hundred acres of land each, upon the same terms 
which other settlers upon the unappropriated lands within 
this Commonwealth have been quieted, therefore 

Resolved that the prayer of their petition be so far 
granted as that in case the said John & Simeon shall 
not demand from any of the said settlers, who set- 
tled on said tract before the first day of January 1784 & 
made a seperate improvement thereon, more than thirty 
shillings with Interest from the twenty fifth day of March 
1786, & shall quiet each of the settlers last mentioned, 
their heirs or assigns, by granting & conveying to him 
to hold in fee. One hundred acres to be so laid out as 
will best include his improvements, & be least injurious 
to the adjoining land ; & shall also produce satisfactory 
evidence thereof to said committee, & at the same time 
shall make it appear to their satisfaction that such settlers 
as they the said John & Simeon shall represent as being 
entitled to the benefits of this Kesolve, actually settled 
upon said tract before the first day of January 1784 & 
made seperate improvements thereon according to the 
true intent of a Resolve of the General Court which was 
passed the twenty fifth day of Jane 1789 — Then, the 
said Committee are directed to make such allowances to 
the said John & Simeon in the settlement of their obliga- 



194 Resolves, 1790. — January Session. 

tion for the payment of Three Thonsand pounds in Con- 
solidated notes with Interest, for the use of this Common- 
wealth (to he made in the same way similar obligations 
are adjusted) as shall in equity be equal to the amount of 
the abatements which shall l)e made to settlers by the 
said Jo/m & /Simeon pursuant to this Resolve. 

February 25, 1791. 



Chapter 68. 

RESOLVE ON THE PETITIONS OF HOPKINTON, GREENFIELD, 
CHILMARK, BOLTON AND BERLIN, ABATING SAID TG^VNS, 
CERTAIN FINES LAID ON THEM, FOR NOT CHOOSING REP- 
RESENTATIVES IN THE YEAR, 1789. 

On the Petitions of the Several Towns Vizt. Hopkin- 
ton, Greenfield Ghilmark Bolton and Berlin, praying that 
the fines Set to the said Towns, respectively for their neg- 
lect, in not Chusing Representatives to represent them in 
the General Court for the year 1789, may be remitted. 

Resolved that the prayer of the said Petitions be 
granted ; and that The sum of nineteen pounds Set to the 
Town of Greenfield; the Sum of eighteen pounds set to 
the Town of Chihnark So the Sum of twenty two pounds 
Set to the Town of Bolton &, District of Berlin, as fines 
on the said Towns, & District for their not Chusing 
Representatives to represent them in the General Court 
in the year 1789 be remitted and the Treasurer is hereby 
directed to govern himself accordingly. 

February 24, 1791. 



Chapter 69. 

RESOLVE ON THE PETITION OF WALTER MCPARLAND, EMPOW- 
ERING HIM TO BRING FORWARD HIS DEMAND, AGAINST 
THE ESTATE OF WILLIAM AND TEMPERANCE GORDON, 
LATE OF DUNSTABLE ; WITH A PROVISO. 

On the Petition of Walter McFarland praying that he 
may have liberty to bring forward his demand against the 
Estate of William & Temperenc\_e'] Gordon Late oi Dun- 
stable in the County of Middlesex Decsd. 

Resolved that the prayer of the Petition be granted and 
that the said Walter McFarland is hereby impowered to 
bring forward his Demand against the Estate of William 
and Temperance Gordon Late of Dunstable in the County 



Resolves, 1790. — Jat^uart Session. 195 

of Middleseks Decsd. and to commence any suit or suits 
that may be necessary for the recovery of the same in the 
same way and manner the Law requires for bringing suits 
against Insolvent Estates — jjrovided the same be done 
within one year from the passing this Resolve, any law 
or Resolve to the Contrary notwithstanding. 

February 24, 1791. 



Chapter 70. 

RESOLVE ON THE PETITION OF JOHN BLANCHARD. 

Whereas a resolve passed the nineteenth day of the 
[)resent month authorizing John Blanchard to re-enter a 
report of Referrees at the Court of Common Pleas next 
to be holden in & for the County of Middlesex on the 
second tuesday of March next : 

And Whereas the said Court of Common Pleas next to 
be holden in & for the said County is by Law to be holden 
on the third tuesday of March next : 

Resolved that the aforesaid Resolve shall take effect, & 
the same proceedings which are therein required, shall be 
had upon the third tuesday in March next — the resolve 
aforesaid notwithstanding. February 24, 1791. 



Chapter 71. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF LINCOLN, AND GRANTING A TAX OF 
£.1000, TO BE ASSESSED ON THE INHABITANTS OF SAID 
COUNTY. 

Whereas the Treasurer of the county of Lincoln has 
laid his accounts before the General court in Manner by 
law prescribed, which accounts are hereby allowed : 

And whereas the clerk of the court of General Sessions 
of the Peace for the said county has laid before the 
General Court, an estimate made by The said court of 
General Sessions of the Peace, of the necessary charges 
likely to arise within the said county the current year 
amounting to the sum of fourteen Hundred and thirty 
pounds fourteen shillings & one penny : 

Resolved that the sum of one Thousand pounds be and 
hereby is granted as a Tax for the said county of Lincoln 
to be apportioned assessed, Collected and applied in the 
manner provided by law. February 24, 1791. 



196 Besolves, 1790. — January Session. 



Chapter 72. 

RESOLVE ON THE PETITION OF JOSEPH STAPLES, PERMIT- 
TING HIM TO PAY INTO THE TREASURY THE SUM MEN- 
TIONED, IN CONSOLIDATED NOTES OF THIS STATE. 

. On the Petition of Joseph Staples praying that he may 
have leave to pay into the publick Treasury the sum of 
twenty three pounds nme shillings in the Consolidated 
notes of this commonwealth in discharge of that sum due 
to the commonwealth on a Seizure made on two Hogs- 
heads of Rum & a Team the property of the said Staples 
in the year 1788. 

Resolved that the prayer of said Petition be granted — 
and that the said Joseph Staples be and he is hereby per- 
mitted to pay into the Treasury of this commonwealth 
the sum of twenty tliree pounds nine shillings in the con- 
solidated notes of this state in discharge of that sum due 
to said Commonwealth — and the Treasurer is hereby di- 
rected to rec[e]ive the said sum of the said Staples accord- 
ingly and to give him a Keceipt therefor; {2)rovided the 
same be paid within three months from the passing of this 
Resolve) in full discharge of this Commonwealth's part 
of a seizur[e] of the property of the said Staples. 

February 25, 1791. 

Chapter 73. 

RESOLVE ON THE PETITION OF DAVID MITCHEL, ESQ. CLERK 
OF THE TOWN OF NORTH YARMOUTH, DIRECTING THE 
ATTORNEY-GENERAL TO FORBEAR PROSECUTING HIM FOR 
NEGLECT, 

On the Petition of David Mitchel Esq. Clerk of the 
Town of North Yarmouth . 

Resolved that the Attorney Genl. be and he is hereby 
Directed to forbear farther to prosecute the sd. Peti- 
tioner for neglecting to make return of the votes of the 
Town of N'orth Yarmouth for Govr. Lieut. Govr. and 
Senator he paying any Cost which may have already 
arisen on Account of such neglect. February 25, 1791. 

Chapter 74. 

RESOLVE ON THE PETITION OF FRANCIS NOURSE. 

On the Petition of Francis JSTourse praying for a New 
Trial, in an Action brought against him, at the Court of 



Resolves, 1790. — January Session. 197 

Common Pleas in the County of Hampshire, on the sec- 
ond Tuesday of November 1784, by Mary Alsop Admin- 
istratrix on the Estate of Richard Alsop, which, action 
together with all Demands between the parties, was sul)- 
mitted to a refterrence, and, at a Subsequent term of the 
said Court, Judgment therein rendered on the report of 
the Refterrees ; for reasons set forth in the said Petition. 
Resolved, that the said Francis Nourse, be, and he is 
hereby permitted, to Enter the said Action at the next 
Court of Common Pleas to be holden in & for the County 
of Hampshire, and the same Proceedings shall be had 
thereon, as tho' the same had been re[a]gularly continued 
from Term to Term, to the next Term of the said Court, 
& no Judgment had been rendered thereon. Provided the 
said Francis Noiirse Serve the said Mary Alsop, or her 
Attorney who brought forward the said Action, with an 
Attested Copy of this Resolve at least fourteen days be- 
fore the said next Sitting of the said Court. 

February 25,1791. 



Chapter 75. 

RESOLVE ON THE PETITION OF PRINCE WEST. 

On the petition oi Prince West praying that a sum paid 
on an execution in favour of John Murray an Absentee 
may be deducted from the sum due on the bond the said 
Prince gave to the Treasurer of this Commonwealth — 
and praying that he may be permitted to pay the re- 
mainder of the sum due on said bond in Consolidated 
notes. 

Resolved that the sum of Eighteen jjounds seventeen 
shillings & iivo jj^nce with the interest thereon from the 
time of making the bond aforesaid be allowed to the said 
Prince & deducted from the sum which may appear to be 
due on the said bond, & the Treasurer is hereby directed 
to govern himself accordingly. 

And it is further Resolved that the Treasurer is hereb}" 
directed to receive in Consolidated notes of this Common- 
wealth, the sum which may be found due on the aforesaid 
bond after making the deduction abovementioned, pro- 
vided the same shall be paid on or before the tifteenth 
day of June 1791, February 25, 1791, 



1^8 Resolves, 1790. — January Session. 



Chapter 76. 

RESOLVE ON THE PETITION OF LEWIS WHITING, IN BEHALF 
OF THE TROPRIETORS OF A TRACT OF LAND IN THE TOWN- 
SHIP OF ORRINGTON, EMPOWERING THE COMMITTEE FOR 
THE SALE OF EASTERN LANDS TO PAY THE PROPRIETORS 
A REASONABLE CONSIDERATION FOR THE LOT MENTIONED, 
AND TO QUIET THE SETTLER ON SAID LOT. 

On the petition of Lewis Whiting in behalf of the pro- 
prietors of a tract of land in the township of Orrington 
— in the County of Hancock. 

Resolved that the committee for the sale of Eastern 
lands be directed & empowered to pay the said pro- 
prietors a reasonable consideration for the lot of land in 
said township called the Mann lot, by deducting such sum 
from the sum now due to the Commonwealth from said 
proprietors by their obligation, as the said Committee 
shall think reasonable, on condition that the said proprie- 
tors, reconvey by good & lawful deed the said lot to this 
Commonwealth. 

And it is further Resolved that the said Committee, be 
& they are hereby empowered to quiet the settler on said 
lot, when re-conveyed to this Commonwealth as aforesaid, 
by selling the same to such settler his heirs or assigns to 
hold in fee with warranty, for such valuable consideration 
as, all circumstances considered, the said Committee shall 
judge reasonable. Fehrvxiry 26, 1791. 

Chapter 77. 

RESOLVE ON THE PETITION OF SAMUEL HILL, JOSEPH LOVELL 
AND JOSEPH DAXIELS, A COMMITTEE OF THE EAST PARISH 
IN MED WAT, REQUIRING THE ADMINISTRATION OF THE OATH 
TO COLLECTORS, TO ADAM BULLARD AND NATHAN JONES. 

On the petition of Samuel Hill Joseph Lovell and 
Joseph Daniels praying that the oath by law required to 
be taken by Collectors, may be administer'd to Adam 
Bidlard and Nathan Jones who were Chosen Collectors 
for the Said East parish in Medivay for the year 1788. 

Resolved for reasons Sett forth in Said petition that the 
prayer thereof be granted and that the said oath required 
to be taken by Collectors may be administered to the 
Said Adam Bidlard and JSTathan Jones and that they 
shall thereupon be as fully Impovvered to Compleat their 
said Collections and settle the same as though the said 
oath had been Administer'd to them at the "time they 
were Chosen. February 26, 1791. 



Kesolves, 1790. — January Session. 199 



Chapter 78. 

RESOLVE ON THE PETITION OF DAVID CHILD, IN BEHALF OF 
SAMUEL LEE, IMPOWERING HIM TO GIVE AND EXECUTE A 
GOOD DEED OF THE LAND MENTIONED. 

On the Petition of David Child in behalf of Samuel 
Lee a person lx)th deaf and dumb praying for Liberty to 
exchange the real Estate of the said Samuel Lee for other 
real Estate belonging to Joseph Farrar. 

Resolved for reasons set forth in said petition that the 
prayer thereof be granted and that the said David Child 
be and he hereby is authorised and impowered in the 
name of the said Samuel Lee to give and Execute a good 
Warrantee Deed of fifty one acres and an half of Land 
being part of the real estate of the said Samuel Lee to 
the said Joseph Farrar and also in the name and behalf 
of the said Samuel Lee to take a Deed of forty Eight 
acres of Land being part of the real Estate of the said 
Joseph Farrar by which the fee of the real estate I^ast 
mentioned shall be fully Vested in the said Samuel Lee 
his heirs and assigns forever. February 26, 1791. 



Chapter 79. 

RESOLVE ON THE PETITION OF JOHN STEPHENSON, SON OF 
JOHN STEPHENSON, OF WEST SPRINGFIELD, DIRECTING 
JOHN DEMING, ESQ. TO CERTIFY THE BALANCES DUE TO 
THE ESTATES OF THE SAID JOHN STEPHENSON AND JOHN 
HENDRICK. 

On the Petition of John Stephenson, son of John 
Stephenson, late of West Springfield deceased, and Mary 
Hendrick, Widow of John Hendrick, late of said West 
Springfield, deceased, both in the County of Hampshire. 

Resolved, that John Deming Esq. be & he hereby is 
directed, to certify to the Govern our & Council, the bal- 
lance due the Estate of the said John Stephenson and 
John Hendrick who were Soldiers in the Service of the 
United States, in the same way and manner, as such bal- 
lances have heretofore been certified ; and that the said 
John Stephenson and Mary Hendrick, shall be entitled to 
receive the same Accordingly, any Law or resolve to the 
contrary notwithstanding. February 26, 1791. 



200 



Resolves, 1790. — January Session. 
Chapter 80. 

RESOLVE ON THE PETITION OF JOHN DEAN, AUTHORIZING THE 
COLLECTOR OF EXCISE FOR THE COUNTY OF SUFFOLK TO 
MEET WITH THE OTHER CREDITORS, AND TO COMPROMISE 
FOR THE DEBT DUE FROM HIM. 

Upon the Petition of John Dean praying for relief from 
the debt due from him to this Common Wealth. 

Resolved That the prayer of said Petition be granted, 
& the Collector of Excise for the County of Suffolk, is 
hereby authorised & empowered in behalf of this Com- 
monwealth, to meet with the other Creditors of the said 
John Dean, & to compromise with said Dean, for the 
debt due from him to this Common Wealth on the same 
Terms with his other Creditors & upon receiving this 
Common Wealth's proportion of said Dean's property, to 
give him a final discharge therefrom, provided all the 
Creditors of the said Dean shall also discharge him. 

February 26, 1791. 



Chapter 81.* 

RESOLVE ON THE PETITION OF JEREMIAH POTE, ESQ. RELEAS- 
ING TO HIM A SMALL LOT OF LAND IN THE TOWN OF PORT- 
LAND. 

On the Petition of Jeremiah Pole Esquire praying that 
the Commonwealth would release to him their right in a 
small lot of land in the town of Portland. 

Resolved that the Commonwealth do remise, release 
and quit claim to him the said Jeremiah Pole and to his 
heirs and assigns all right, title, interest and claim which 
the Commonwealth have in and to a lot of land lying & 
being in Portlai^d aforesaid containing about one hundred 
and seven rods bounded as follows, viz. beginnino- at a 
stake standing one rod and a half south thirty six degrees 
east from the easterly corner of James Gooding's "(late 
Mary Wheeler's) dwelling house, thence running north 
thirty six degrees west fourteen rods & twelve links to 
fore street, thence east twelve degrees north ten rods to 
fore river and extending from the two aforesaid lines 
northeasterly and southeasterly to fore river. 

February 26, 1791. 

* Taken from court record. 



Kesolves, 1790. — January Session. 201 



Chapter 82. 

RESOLVE ON THE PETITION OF DAVID THAYER, REPEALING A 
CERTAIN RESOLVE. 

On the Petition of David Thayer, praying that a Re- 
solve, passed on the Twenty sixth day of March 1788, 
declaring null & void, a Judgment recovered by the said 
David Thayer against Levi Thayer & the Execution & 
all Proceedings thereon, may be repealed. 

Resolved, that the prayer of the said Petition be granted, 
and that the afore recited Resolve, be, and it is hereby 
Repealed . February 26,1791. 

Chapter 83. 

RESOLVE ON THE PETITION OF MOSES BRADLEY, ATTORNEY 
TO RUTH PECKER, WIDOW, DIRECTING THE COMMITTEE FOR 
METHODIZING ACCOUNTS, TO CERTIFY THE BALANCE DUE TO 
THE ESTATE OF JAMES PECKER. 

On the petition of Moses Bradley, attorney to Huth 
Pecker widow of Dr. James Pecker late of Haverhill, & 
late Surgeon of Col. Tujjper's Regiment praying that the 
Committee for methodizing public accounts may be author- 
ised to certify the balance due to the said James for reasons 
mentioned in said petition. 

Resolved that the committee for methodizing public 
accounts be & they hereby are directed to certify to the 
Governor & Council the balance due to the estate of the 
said James Pecker who was a Surgeon in the service of 
the United States in the same way & manner as such 
balances have heretofore been certified ; and that the said 
Ruth Pecker be entitled to receive [d] the same accordingly, 
any Law or Resolve to the contrary notwithstanding. 

February 26, 1791. 

Chapter 84. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF FRYEBURG, AUTHORIZING THE TREASURER TO DISCHARGE 
THE SAID TOWN FROM ALL DEMANDS THE COMMONWEALTH, 
HAVE AGAINST THEM FOR GUNPOWDER, &c. 

On the Petition of the Selectmen of the Town of Frye- 
burg, in behalf of that Town. 

Resolved, that the Treasurer of this Commonwealth be 
and he is hereby authorised and directed to discharge the 



202 Resolves, 1790. — January Session. 

said Town of Fryeburg, from all demands which the Com- 
monwealth now have against that Town, for certain Gun- 
powder, Lead, and Firearms, supplied to them by virtue 
of a Kesolve of the General Court passed on the 13th. of 
July 1776 : — This discharge being made in consideration 
of the exposed situation of that Town in the late War, 
and their exertions in the defence of themselves and their 
neighbours, without further expence to this State. 

February 28, 1791. 

Chapter 85. 

RESOLVE ON THE PETITION OF JOSEPH GOWEN, GRANTING 
HIM £.175 2 6, BEING A SUM PAID INTO THE TREASURY, AS 
SET FORTH IN HIS PETITION. 

On the Petition of Joseph Goiven Administrator of the 
Estate of Joseph Goldthwail Esqr. deceas'd, praying that 
certain Monies the property of said Estate which have 
been paid into the Treasury of this Commonwealth, may 
be paid unto him the said Goiven in his said Ca})acity for 
the benifit of said Goldthwail s Creditors. 

Resolved that the prayer thereof be granted and that 
His Excellency the Governor l)e & he hereby is requested, 
with the advice and concent of Council to issue his War- 
rant to the Treasurer of this Commonwealth to Pay out 
of the Treasury into the hands of Joseph Gowen in his 
Said Capacity the Sum of one Hundred & seventy five 
Pounds two shillings & six pence being the sum paid into 
the Treasury as set forth in said Petition for the purpose 
afore said. March 2, 1791. 

Chapter 86. 

RESOLVE ON THE PETITION OF GEORGE WARREN, DECLARING 
A CERTAIN ASSESSMENT TO BE LEGAL. 

On the Petition of George Warren agent for Zimri 
Hayioood Solomon Parker and David Webb Assessors for 
the town of Winslow for the year 1781 praying that their 
Assessment for that year may be Estal)lis[7i]ed as it re- 
spects certain Settlers adjacent to said Town of Winsloiv. 

Resolved that the Prayer of said Petition be granted and 
that said Assessment be and the same is hereby declared 
to be legal & Valid. 

And it is further Resolved that all the Settlers upon 
Kennebeck River who lived above the said Town of 



Kesolves, 1790. — January Session. 203 

Winslow at the time when the assessment aforesaid was 
made, and who were assessed in the same (and were not 
at that time assessed as being adjacent to any other 
town) And have not paid the 8ums at which they were 
so assessed, be & they are hereby directed to pay Such 
Sums to the Collector of said Winslow for the said year 
1781 agreably to Said Assessment. 

And" it is further Resolved that no action of tresspass 
against said Assessors nor any action for money had & 
received nor any other action whatever, against said 
assessors for assessing any of Such Settlers who at the 
time said Assessment was made lived above the said Town 
of Winsloio upon Kennebech River and belonged to & 
were assessed in no other place, shall be sustained or 
maintained in any Court of Law in this Commonwealth — 

Provided however that nothing in the foregoing Resolu- 
tions shall be so construed as to aft'ect any actions already 
commenced & judgment rendered thereon. 

March 2, 1791. 

Chapter 87. 

RESOLVE ON THE PETITION OF MARGARET COBB, EXECUTRIX 
TO THE LAST WILL AND TESTAMENT OF EPBRAIM COBB, 
DECEASED, EMPOWERING HER TO SELL PART OF THE SAID 
DECEASED'S REAL ESTATE. 

On the petition of Margaret Cobb Executrix to the 
last Will of Ephraim Cobb, late of Plymouth in the 
County of Plymouth deceased, and others interested in 
the Estate of said Ej^hraim, praying the said Margaret 
may be empowered to sell part of said deceased's real 
Estate. 

Resolved That the said Margaret Cobb, be and she 
hereby is empowered to sell so much of said deceased's 
real Estate lying in Barnstable in the County oi Barnstable, 
as shall amount to the sum of Eighty jjounds, for the pur- 
pose of repairing the buildings & fences belonging to said 
Estate — and the said Margaret is hereby authorized to 
make sign & execute in due form of Law deeds and con- 
veyances for the land that may be by her sold, pursuant 
to this resolution ; which instruments shall make as good 
a title to the purchaser or purchasers as if made and 
executed by the said Ephraim Cobb — in his life time for 
a valuable consideration — provided said Executrix gives 
thirty day's public notice of such intended sale, in manner 



204 Resolves, 1790. — January Session. 

and form prescribed by an Act, intit[u]led "an Act direct- 
ing the settlement of the Estates of persons deceased and 
for the conveyance of real Estate in certain cases" — and 
2)rovided also, that the said Margaret first give bond with 
sufficient sureties to the Judge of Probate for the County 
where the said deceased last dwelt, that she will expend 
the money arising from such sale in repairing the buildings 
& fences belonging to the Estate of said deceased, 

March 2, 1791. 

Chapter 88. 

RESOLVE REPEALING A RESOLUTION PASSED FEBRUARY 17, 
1785, PROVIDING FOR THE MAINTAINANCE OF THE BRIDGE 
OVER THE RIVER TULLY. 

Resolved that the Resolution of the General Court 
passed February 7th, 1785, providing that after the pass- 
ing the Said Resolution The District of Orange should 
forever be at the Charge of maintaining the Bridge over 
the River Ttilly — So Called — And the Causeway on 
that road from Said bridge to the poles that are laid on 
to the Little Bridge between the two rivers in the Town 
of Athol — Be and the Same is hereby Repealed and 
Declared to be null and void. March 2, 1791. 

Chapter 89. 

RESOLVE ON A LETTER FROM NATHAN DANE, ESQ. RELATIVE 
TO PUBLIC ACCOUNTS. 

Resolved that his Excellency the Governour be re- 
quested to Avrite to Nathan Dane Esquire in Answer to 
his Letter oi February 9th, 1791 (representing that certain 
Documents and vouchers are required by the Board of 
Commissioners for settling the claims of the several States 
against the United States, in order to the passing the 
Accounts exhibited by this Commonwealth agreeably to a 
statement thereof inclosed in said Letter) — directing Mr. 
Dane to inform the Board of Commissioners that many of 
the receipts and vouchers required by them are in Books 
containing other matters of Importance to this Common- 
wealth, by means whereof it will be very inconvenient 
to forward sd. Books ; and that the Legislature therefore 
propose that the Board of Commissioners appoint some 
person in whom they place confidence, to proceed to the 
Town of Boston where said Books and vouchers are 



Kesolves, 1790. — January Session. 205 

deposited, for the purpose of examining the same ; the 
Expence of such Appointment to be paid by this Com- 
monwealth if required. 

Be it further Resolved that the Committee for stating 
and Methodizing public Accounts be and they are hereby 
directed to procure such further vouchers and Information 
for supporting the charges made by this Commonwealth 
against the United States as may be requested by Mr. 
Dane, and is in the power of said Committee to obtain, 
and to transmit the same to the Agent of this Common- 
wealth. 

And it is further Resolved, if the Board of Commis- 
sioners should consider it as indispensably requisite that 
the Books & vouchers should be forwarded in order to 
Authenticate and establish the Charges of this Common- 
wealth, that His Excellency the Governour l)y and with 
the advice of Council be requested to take such measures 
as they shall judge proper to forward the same as soon 
as may be, to the care of the said Agent and to issue his 
Warrants on the Treasurer of this Commonwealth for the 
Amount of all expences & charges that may be necessary 
for the carrying these Kesolves into effect. 

March 2, 1791. 

Chapter 90. 

RESOLVE ON THE PETITION OF EZRA AND RUTH CURRIER. 
DIRECTING THE COMMITTEE FOR METHODIZING ACCOUNTS 
TO CERTIFY THE SUM DUE TO CHARLES CASSETER. 

On the petition of Uzj-a Currier, and Ruth Currier. 

Resolved that the Committee for stateing and method- 
izing accounts, be, and hereby are directed to certify to 
the Governour and Council, the Sum or Sums of Money 
which may appear to be due to Charles Casseter for his 
Service in the Continental Army, for the first three years 
service and that the Governour be requested with the 
Advice of Council to issue his Warrant therefor, and the 
Treasurer is hereby directed to pay the same to the lawfull 
Heirs of the said Charles Casseter in the same way and 
manner that others have been paid for simelar services. 

March 2, 1791. 



206 Resolves, 1790. — January Session. 



Chapter 91. 

RESOLVE ON THE PETITION OF ELIPHLET DOWNER, GRANTING 
HIM £.15, FOR HIS LOSS OF A SET OF CAPTITAL SURGEON'S 
INSTRUMENTS AT PENOBSCOT. 

On the petition of Elipldet Downer praying that he 
may be allowed paj^ment for a set of Capital Surgeons 
instruments which he Lost in the Expedition at Penobscot. 

Resolved that the prayer of the said petition be granted 
and that there be allowed and payed unto Elipldet 
Downer out of the publick treasurey of this Common- 
wealth, the sum of fifteen pounds in full for his Loss 
sustained as aforesaid. March 2, 1791. 

Chapter 93. 

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER FOR 
THE COUNTY OF CUMBERLAND, AND GRANTING A TAX. 

Whereas the Treasurer of the County of Cumberland 
has laid his accounts before the Genl. Court in maner 
by law prescribed which accounts are hereby allowed : 

And whereas the Clerk of the Court of General Ses- 
sions of the peace for the said County has laid before the 
General Court an Estimate made by the said Court of 
General Sessions of the peace of the necessary Charges 
likely to arise within the Said County the current year, 
amounting to thi-ee Hundred p)ounds : 

Resolved that the Sum of Three Hundred pounds be 
and is hereby granted as a Tax for the County of Cumber- 
land to be apportioned assessed collected and applied in 
maner agreable to Law. March 2, 1791. 

Chapter 93. 

RESOLVE ON THE PETITION OF BENJAMIN HALL, JUNR. DIRECT- 
ING THE ATTORNEY-GENERAL TO STAY PROSECUTION. 

On the Petition of Benjamin Hall Junr. Town Clerk 
of the Town of Medford Praying to be Acquitted from 
A Suit brought against him by the attorney General in 
favour of the Common Wealth for Neglecting to return 
Votes for Governour Lt. Governour and Senators for 
Reasons set fourth in his Petition. 

Resolved that the Prayer of said Petition be Granted 
and that the attorney General, be and he is hereby 
directed to stay any further Prosecution of said Suit the 
said Benjamin Paying the cost which has arisen Hitherto. 

March 2, 1791. 



Resolves, 1790. — January Session. 207 



Chapter 94. 

RESOLVE ON THE PETITION OF JOHN KENT, RELEASING HIM 
FROM THE GOAL IN SPRINGFIELD. 

On the Petition of John Kent praying that he may be 
Releas'd from his Confinement in Springfield Goal. 

Resolved for Reasons set forth in the Petition that the 
said JoJm Kent be Releas'd from his confinement in Goal 
upon his paying Cost of Commitm't and Prison Charges, 
(the nominal Creditor consenting thereto) and that the 
Sum of forty eight pounds eight shillings & tivo pence, 
(for which Sum Said John Kent stands Committed) be 
Credited to Elisha Porter Esq. Sherifi^" of the County 
oi Hampshire in his settlement with the Justices of the 
Supreme Judicial Court for fines. March 3, 1791. 

Chapter 95. 

RESOLVE ON THE PETITION OF THE TOWN OF NEW GLOUCESTER, 
ABATING TAXES. 

On the Petition of the Town of JVeiv Gloucester praying 
for an abatement of Taxes for reasons assign'd in said 
Petition. 

Resolved that there be abated to the said Town of 
JSFew Gloucester, the sum oi forty one pounds six shillings 
& one penny to be deducted from what is due from said 
Town on Taxes No. 6, 7 & 8 and the Treasurer is directed 
to govern himself accordingly. March 3, 1791. 

Chapter 96. 

RESOLVE ON THE PETITION OF THE PROPRIETORS OF THE 
BEVERLY COTTON MANUFACTORY, GRANTING THEM SEVEN 
HUNDRED TICKETS, IN THE SEMI ANNUAL STATE LOTTERY — 
ON CONDITION. 

Whereas the Manufacture of Cotton as undertaken by 
the Proprietors of the ^eve?-?e?/-Cotton-Manufactory, con- 
tinues to need the aid of Government for its support, and 
effectual establishment, notwithstanding the spirited exer- 
tions of the said Proprietors ; and it appearing to be 
of great importance to this Commonwealth that the said 
Manufacture should be pursued : 

Resolved, that there be and hereljy is granted to the 
said Proprietors four hundred Tickets of the present State- 
Lottery, called the Semiannual Lottery, and also three 
hundred Tickets more to be received from the next Lot- 



208 Resolves, 1790. — January Session. 

tery or Class which shall be undertaken by the Managers 
of the State-Lottery of the same price ; And the said 
Managers are hereby directed and authorised to deliver 
to the said Proprietors, their Treasurer, Agents, or Com- 
mittee, the said four hundred Tickets from the Lottery 
now in hand, and the said three hundred Tickets, from 
the said next Lottery or Class, as soon as may be, after 
the sale thereon shall be commenced, taking two receipts 
of the said Treasurer, or other person, to whom the same 
shall be delivered, for the Use of the said Proprietors, 
upon each delivery, the one of such receipts to be lodged 
with the Treasurer of this Commonwealth, and the other 
to be retained by the Manager or Managers who shall 
deliver the same. 

Provided, and it is further Resolved, that the said Pro- 
prietors by their corporate Name, shall become bound to 
this Commonwealth in the sum of three thousand pounds, 
in a Bond to be delivered to the Treasurer, and to be 
conditioned that the said Proprietors shall for at least 
seven years now coming, continue to prosecute the said 
Manufacture at Beverley or elsewhere under the immediate 
direction of the said Proprietors their Agents or Servants, 
and shall employ therein with all reasonable care and 
industry at least their whole present Stock, and also after 
the first day of July next an additional sum of twelve 
hundred pounds and shall deliver with the said Bond to 
the Treasurer, a correct Inventory of their said present 
Stock. March 4, 1791. 



Chapter 97. 

RESOLVE ON THE PETITION OF OLIVER WENDELL, ESQ. AND 
OTHERS, IN BEHALF OF THE UNIVERSITY IN CAMBRIDGE; 
AND DAVID BROWN AND OTHERS, IN BEHALF OF THE TOWN 
OF CONCORD; AUTHORIZING EPHRAIM WOOD, ESQ. ONE OF 
THE EXECUTORS OF THE LAST WILL OF JOHN CUMING, ESQ. 
TO SELL THE REAL ESTATE MENTIONED AND TO GIVE A 
DEED THEREOF. 

On the [)etition of Oliver Wendell esq. & others in 
behalf of the University in Cambridge ; & David Brown 
& others in behalf of the town of Concord, praying that 
Ephraim Wood esq., one of the executors of the last will 
& testament of John Cuming esq. late of said Concord 
deceased may be authorised & empowered to sell & con- 
vey the real estate of the said John (except such part 
thereof as is specially devised) for the discharge of sun- 



Resolves, 1790. — January Session. 209 

dry legacies mentioned in the said will, the personal 
estate of the said testator, being found insufficient 
therefor. 

Resolved that for reasons set forth in the said [)etition, 
the prayer thereof be granted, & that Ephraim Wood esq. 
one of the executors of the last will & testament of the 
said Jo/m Cuming esq., be & he is hereby authorised & 
empowered to sell at public or private sale as He shall 
judge most for the interest of all concerned, the real 
estate of the said John (except such part thereof as is 
specially devised) including the right of reversion to such 
of the real estate as is devised to the widow of the said 
deceased for life, & to make good & sufficient deed or 
deeds to the purchaser or purchasers thereof, he the said 
executor to be accountable to the Judge of Probate of 
Wills for the County of Middlesex, that the neat proceeds 
thereof be applied to the discharge of the said Legacies, 
& conformably to the intention of the said will. 

March 4, 1791. 

Chapter 98. 

RESOLVE ON THE PETITION OF EBENEZER KEEN, DIRECTING 
THE COMMITTEE FOR METHODIZING ACCOUNTS TO CERTIFY 
IN FAVOR OF THE LEGAL HEIRS, THE PAY DUE TO EPHRAIM 
KEEN. 

On the Petition of Ebenezer Keen Praying that he may 
Receive the wages Due to his son Ephraim Keen a soldier 
who died in the army. 

Resolved thiit the Committee for Me[a]thodizing Pub- 
lick Accounts, be & they hereby are directed to Certify in . 
favour of the lawfull heirs of the said Ephraim Keen, the 
pay or arrears of pay, due to the said Epliraim for his 
service as a soldier in Captain WadswortlCs Company & 
Colo. Bradford's Regiment, & the Treasurer is directed to 
pay the sum so Certifyed, in the same way & manner as 
other soldiers under like Circumstances were paid. 

March 4, 1791. 

Chapter 99. 

RESOLVE ESTABLISHING THE PAY OF THE HONORABLE COUN- 
CIL, SENATE AND HOUSE OF REPRESENTATIVES. 

Resolved that there be allowed & paid out of the 
Treasury of this Commonwealth to each of the Members 
of the Hon. Council seven shillings per day for each days 



210 Resolves, 1790. — January Session. 

attendance & the like sum for every ten miles Travil — 
to the Members of the Hon. Senate six shillings & six 
pence per day for each days attendance & a like sum for 
every ten miles Travil — and to the Members of the House 
of Representatives six shillings per day for each days 
attendance & a like sum for every ten miles travil and 
that the Treasurer be directed to borrow Moneys sufficient 
for the above purposes and to repay the same out of any 
Taxes not already appropriated and be it further 

Resolved that there be allowed & paid as above to the 
Hon. Samuel Phillips Esq. President of the Senate & to 
the Hon. David Cobb Esq. Speaker of the House of Rep- 
resentatives /ye shillings each, for every days attendance 
over and above their pay as Meml)ers of the Legaslature 
as above stated. March 4, 1791. 

Chapter 100. 

RESOLVE ON THE PETITION OF CALEB DAVIS, ESQ. REMITTING 
THE HALF-PENNY PER POUND ON BROAVN SUGAR, TO ALL 
SUGAR BOILERS OR REFINERS OF SUGAR, UPON SUCH BROWN 
SUGARS AS HAVE BY THEM BEEN MANUFACTURED - WITH A 
PROVISO. 

On the Petition of Caleb Davis Esquire, & others. 

Resolved That the duty of half a penny per pound on 
brown Sugar, as set in an Act intitled, " An Act to raise 
a public Revenue by Excise & to regulate the Collection 
thereof" passed on the third Day of March last, be re- 
mitted to all Su^ar Boilers, or refiners of Sugar, upon such 
brown Sugars as shall have been by them refined & manu- 
factured into loaf Sugar within this Commonwealth : Pro- 
vided the Susar-refiners shall make oath to the quantity 
of brown Sugars so manufactured & refined by them when 
they settle their Excise accounts with the Collectors of 
Excise — And the Collectors of Excise are hereby directed 
to take notice of this Resolution & to govern themselves 
accordingly, any law to the contrary notwithstanding. 

Marcli 4, 1701. 



Chapter 101. 

RESOLVE ON THE PETITION OF JOHN DE POLERESKT, DIRECT- 
ING THE SECRETARY TO GIVE HIM A CERTIFICATE OF HIS 
NATURALIZATION. 

On the Petition of Mr. John De Poleresky of Pownal- 
horough Husbandman ~ praying that a Certificate may be 



Resolves, 1790. — January Session. 211 

granted to him, under the Hand of the Secretary, of his 
having been duly naturalized by the Legislature of this 
Commonwealth, and that he may be entitled to enjoy all 
the Benefits of a free Citizen of the Commonwealth to all 
Intents and purposes, without paying any money therefor. 
Resolved, That the Prayer of the said Petitioner be 
granted ; it appearing, by the Certificate of James Tupper, 
one of the Selectmen of Pownalborom/h, as well as from 
the Certificate of the honourable Jonathan Bowman Esqr. 
of the same Town, and from others Inhabitants of the said 
Town, that the Petitioner lives upon his own Farm in that 
Town, and since his being an Inhabitant there that he 
hath followed no other Business than that of an Husband- 
man. And the Secretary is hereby ordered and Directed 
to make out and deliver such Certificate, so prayed for, to 
the Petitioner, without the said Petitioner's paying any 
Duty for his naturilazatiou. March 5, 1791. 

Chapter 103. 

RESOLVE RESPECTING THE ACCOUNTS OF COUNTY TREASURERS. 

Besolved that from and after the present Session of the 
General Court — when any County Treasurers account 
shall be laid before the General Court for examination 
and allowance If each charge shall plainly express the 
purpose for which such money was paid — And the account 
shall be accompanied with a certificate from the Clerk of 
the Court of general Sessions of the Peace certifying that 
the accounts accompanying are right cast & well vouched 
& that the several sums therein charged were paid by 
order of the Court of general Sessions of the Peace in 
such County — and that the same has been allowed by the 
sd. Court — such certificate shall be considered as a suffi- 
cient voucher to the County Treasurers accounts that may 
be laid before the General Court for allowance. 

March 3, 1791. 

Chapter 103. 

RESOLVE EXTENDING THE TIME FOR THE COMMITTEE TO 
MAKE A FINAL SETTLEMENT WITH MESSRS GORHAM AND 
PHELPS, AND REPORT. 

Whereas a Resolve passed the General Court on Feb- 
ruary 19th. 1791 appointing Samuel Phillips Esquire and 
others a committee with full power to make a final and 



212 Besolves, 1790. — Jaj^uary Session. 

Absolute settlement with Nathaniel Gorham and Oliver 
Phelps Esquires, relative to a Bond mentioned in said 
Resolve with directions to make report of their doings 
to the General Court in fourteen days from the passing 
thereof — And it is found difficult for said Committee to 
compleat the necessary writings within that time : be it 
therefore 

Resolved that a further time of six days be allowed said 
Committee for the purposes aforesaid, the above recited 
Resolve to the Contrary notwithstanding. 

March 5, 1791. 

Chapter 104. 

RESOLVE ON THE PETITION OF DUDLEY TYLER, DIRECTING 
THE COMMITTEE FOR SETTLING WITH THE ARMY, TO CER- 
TIFY THE SUM DUE FOR SERVICES PERFORMED. 

On the Petition of Dudley Tyler Late a Lieutenant in 
the Massachusetts Line of the Army. 

Resolved that the prayer of the Said petition be Granted 
— And that the Committee for Settling with the Arniy, 
Be and they hereby are Authorised to make up and Certify 
the sum Due the sd, Dudley Tyler for Services actually 
performed — and the Treasurer is Directed to pay the 
Same in the usual manner, provided he shall Receive a 
warrant from the Governor and Council for that purpose, 
the Said Tyler Being Returned absent without Leave 
Not withstanding. March 5, 1791. 

Chapter 105. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE OF THE 
HONORABLE ELEAZAR BROOKS, ESQ. £.26 175. AND DIS- 
CHARGE HIM IN FULL IN BEHALF OF THE COMMITTEE OF 
SECRECY. 

Whereas the late Joseph Palmer esquire formerly one 
of the Committee of Secrecy, preferred a petition to this 
Court the 28th. May 1788 praying that the said Com- 
mittee may be discharged of the sum of tivo hundred 
pounds, received in bitls of the old emission in 1777 : 
& as it appears that there is in the hands of the hon : 
Eleazar Brooks esq. the sum of twenty six pounds^ seven- 
teen shillings in the said bills, which was lodged with him 
by the said Palmer, as the unexpended part of the said 
two hundred pounds : 



Eesolves, 1790. — January Session. 213 

Resolved that the Treasurer be & he is hereby directed 
to receive of the said hon. Eleazar Broolcs esq. the said 
bills amounting to Twenty six j)Oiinds, seventeen shillings 
& to give him a discharge in full, in behalf of the said 
Committee for the said sum of two hundred pounds. 

March 5, 1791. 



Chapter 106. 

RESOLVE ON THE PETITION OF GEORGE JOHNSON AND OTHERS, 
INDIANS, NATIVES OF THE ISLAND OF CHAPPAQUIDDICK, 
GRANTING THE SUM OF £.12, TO BE APPROPRIATED TO DIS- 
CHARGE THE DEBT MENTIONED. 

On the Petition of George Johnson & others Indian 
Natives of The Island of Ohappaquiddick in Dukes count i/, 
for reasons set forth in said petition. 

Resolved That there be paid out of The Treasury of 
this commonwealth, unto William Jernigan and William 
Mayheio : Guardians of said Indians, the sum oi Twelve 
Pounds to be appropriated to the purposes following : to 
wit : seven Pounds to Discharge the Debt the said Indians 
contracted in Their late settlement of said Island : and two 
Pounds ten shillings to build a Pound on the land of Said 
natives and also Two pounds Ten shillings for the Relief 
of the Poor Indians named in said Petition : the said Guar- 
dians to be accountable, to the Governour and Council for 
the expenditure of the same. March 5, 1791. 



Chapter 107. 

RESOLVE ON THE PETITION OF GAMALIEL BISBE. 

On the petition of Gamaliel Bisbe administrator on the 
estate of Lott Dwelle late of Pembrol'[e] deceas'cl, who 
was a Soldier in the Continental Army setting forth that 
his wages w^ere drawn by a forged Order, 

Resolved that the prayer thereof ])e granted & that the 
Treasurer of this Common'ath. be & he is hereby directed 
to pay to the said Gaml. Bishy or order, what may be 
found due to the Estate of the aforesaid Lott Divelle 
deceiis'd, the wages being drawn by a forged Order not- 
withstanding. March 5, 1791. 



214 Kesolves, 1790. — January Session. 



Chapter 108. 

RESOLVE DIRECTING THE TREASURER TO SUBSCRIBE TO THE 
LOAN PROPOSED BY AN ACT OF THE UNITED STATES, AND 
TO FORWARD THE CERTIFICATES AND BILLS OF CREDIT TO 
THE TREASURER OF THE UNITED STATES, FOR SAID PUR- 
POSE. 

Resolved, That the Treasurer of this Commonwealth be 
and he hereby is directed to Subscribe to the Loan pro- 
posed by the Act of Congress making provision for the 
debt of the United States to the amount of the Certificates 
and bills of Credit now in the Treasury, receivable on 
account of said Loan — and to procure from the Com- 
missioner of Loans, Certificates (as nearly as may be of 
one thousand dollars each) to the amount of the sum by 
him subscribed, purporting that the United States owe 
this Commonwealth — and the Certificates thus obtained 
to lodge in the public Treasury — and from time to time 
to receive the Interest payable thereon as the same may 
become due — 

And whereas by the regulations adopted towards carry- 
ing into execution the Act of Congress aforesaid, it will 
l)e necessary that part of the evidences of the domestic 
debt of the United States, belonging to this Common- 
wealth should be loaned at the Treasury of the United 
States — 

Resolved That the Treasurer, be and he hereby is 
directed to forward the same to the Treasury of the United 
States for the purpose aforesaid, and when Loaned to 
cause the same to be transferred from the books of the 
Treasury to the books of the Commissioner of Loans for 
this State, and for that purpose to authorize some suitable 
person to do all lawful Acts requisite for effecting the 
same, and also for receiving the Interest that may be due 
on any part thereof prior to such transfer — 

And it is further Resolved, That the Treasurer aforesaid 
— be and he hereby is directed to forward the Certificates 
signed by Timothy Pickering now in the Treasury of this 
Commonwealth to the Treasury of the United States for 
payment. March 5, 1791. 

Chapter 109. 

RESOLVE ON THE PETITION OF MARY PARKER. 

Whereas it appears to this Court that the Schooner 
Polly of which Benjamin Parker was late Master together 



Kesolves, 1790. — January Session. 215 

with her cargo, condemned as forfeit by the Supreme 
Judicial Court holden at Boston within and for the County 
of Suffolk on the third Tuesday of February last past two 
thirds to the use of the Commonwealth and one third to 
the use of James Lovell Esq. Collector of Impost and 
Excise, was forfeited through the mistake and ignorance 
of the said Benjamin Parker and not from any intention 
of defrauding the Commonwealth of any part of the 
revenue, and whereas execution was on the thirtieth day 
of April last past issued by the said Court consequent 
upon the said condemnation against the said Benjamin 
Parker and his Bondsmen for the appraised value of the 
said Vessel and cargo together with the costs of prosecu- 
tion : therefore 

Resolved that such part of the said forfeiture as accrues 
to the use of this Commonwealth by the said condemna- 
tion be and the same hereby is remitted to the said Benja- 
min Parker his Executors and Administrators ; and the 
Sheriff or his deputy to whom the said execution is 
committed is hereby directed to return the same satisfied 
upon payment being first made to him of such part of the 
monies therein mentioned as belong to the said Collector 
for his own use together wdth all the costs of prosecution, 
any law or resolve to the contrary notwithstanding. 

March 7, 1791. 



Chapter 110. 

RESOLVE DIRECTING THE TREASURER TO DELIVER THE BONDS 
OF MR. SHERIFF HYDE, TO THE ATTORNEY-GENERAL, AND 
DIRECTING HIM IN THIS CASE. 

Resolved That the Treasurer of this Commonwealth 
deliver to the Attorney General the bonds given by Caleb 
Hyde as Sheriff of the County of Berkshire, & the Attor- 
ney General is hereby directed to put the said bonds in 
suit as soon as may be after the receipt of the same, & 
obtain such security as shall be in his power, to satisfy 
the judgement this Commonwealth may recover against 
said Hyde — & the Treasurer is also directed to issue an 
alias, or pluries Execution as shall be proper against Wil- 
liam Gh-eenleaf late Sheriff of the County of Worcester 
& deliver the same to the Sheriff of the said County for 
immediate service. March 7, 1791, 



216 Resolves, 1790. — January Session. 



Chapter 111. 

RESOLVE ON THE PETITION OF JOHN MORE, DIRECTING THE 
JUDGE OF PROBATE FOR THE COUNTY OF YORK, TO ENQUIRE 
INTO THE REPRESENTATION RESPECTING THE INSANITY OF 
PAUL Mc DANIEL, AND EMPOWERING HIM IN THIS CASE. 

On the Petition of John More praying that some suitable 
person may be appointed to take proper care of Paul 
McDaniel resident in Washington an unincorporated 
plantation in the county of Yorh and support him at the 
Expence of Government during his Insanity. 

Resolved for the reasons therein set forth that the Judge 
of Probate for the County of York be & he hereby is 
directed to enquire into the Truth of the Representation 
respecting the Insanity of the said Pa.ul in such way as 
to the said Judge may appear expedient and if he shall be 
satisfied that the said Paul is really insane then the said 
Judge is empowered and directed to appoint some suitable 
person as Guardian to the said Paul which Guardian so 
appointed is directed to take proper care of & support 
the said Paul during his Insannity and defray the Expence 
thereof out of the Estate of the said Paid if any such 
Estate can be found and if no such Estate can be found 
sufficient to defray the Expence of supporting the said 
Paul then the said Guardian who may be appointed in 
manner aforesaid is directed annualy to lay his Account 
for the support of the soXdiPaul (deducting therefrom such 
sum or sums as may be derived from the Estate of the 
said Paul if any such Estate can be found) before the 
General Court for Examination allowance & payment, 
Provided such charge shall not exceed five shillinr/ pr. 
week. March 7, 1791. 

Chapter 112. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE 
TOWN OF ALFORD, ABATING SAID TOWN CERTAIN TAXES. 

On the Petition of the Town of Alford shewing that 
in runing the Line between this Commonwealth and the 
State of New York, 532 acres of Land and nine polls have 
been taken oil" from the said Town of Alford, and praying 
for abatement of Taxes. 

Resolved that there be abated to the said Town of Al- 
ford, six pounds nine shillings and nine pence part of Tax 
number six ; four pounds five shillings and one penny, 



Resolves, 1790. — Januaey Session. 217 

part of Tax number seven and also three pounds nineteen 
shillings and two pence part of Tax number eight. 

And it is further resolved, that in all Taxes, subsequent 
to tax number eight under the present valuation, the 
Treasurer of the said Commonwealth be and he hereby is 
directed to deduct one twelfth part of the said Town of 
Alford's proportion of every such Tax previous to issuing 
his warrant to the Assessors of said Town for assessing 
the same. March 8, 1791. 

Chapter 113. 

RESOLVE ON THE PETITION OF JOSEPH AND GEORGE TYLER, 
EMPOWERING THE COMMITTEE FOR THE SALE OF EASTERN 
LANDS, TO MAKE SALE OF DEER ISLAND AND SHEEP IS- 
LAND—WITH A PROVISO. 

Whereas by a resolve passed the General Court 3Iarch 
24 1788, the Islands of Deer Island & Sheep Island es- 
timated to contain 16,875 Acres were granted to Joseph & 
George Tyler, on condition of their laying out to each 
person settled on the said Island before the 1st. of Jan- 
uary 1784, one hundred acres of land to include the im- 
provements of such Settler and for which the said Settlers 
were to pay Jive dollars each ; and on the further condi- 
tion that the said Joseph & George should pay into the 
treasury of this Commonwealth the sum of one hundred & 
sixty three pounds io specie within 15 months, & also the 
sum of tw^o hundred & sixty five pounds in consolidated 
notes of this Commonwealth within three months from 
passing the said resolve : 

Resolved, that, as the said Joseph & George have not 
paid any part of either of the said sums altho' the time 
conditioned on the part of the Commonwealth has long 
ago expired, the Committee for the sale of Eastern lands 
be and they are hereby empowered & directed to make 
sale of the said Deer Island & Sheep Island in the same 
way & manner as tho' such resolve of the 24th. March 
1788 had not been passed. Provided always that such of 
the Inhabitants or Settlers on the said Islands, who were 
settled on said Islands before the 1st. oi January 1784 & 
were entitled to have one hundred acres of land laid out 
to them as aforesaid, and who shall produce sufficient evi- 
dence that they have actually had such hundred acres laid 
out to them, & have complied wdth the terms required 
of them by the said resolve of March 24, 1788 shall be 



218 Resolves, 1790. — January Session. 

quieted & confirmed in their said settlements according to 
the true intent & meaning of the said Resolve. 

March 7, 1791. 

Chapter 114. 

RESOLVE ON THE PETITION OF SAMUEL BOLTWOOD, PER- 
MITTING HIM TO PAY A FINE IN CONSOLIDATED NOTES. 

On the Petition of Samuel Boltwood preying that a Fine 
of Sixty pounds, laid on him for passing Counterfiet 
Money may be discharged in public Securities. 

Resolved That the Petitioner be and he is hereby per- 
mitted to pay said Fine to the Sheriff of the County of 
Hampshire in the consolidated Notes of this Common 
Wealth, provided the same be paid within Three Months 
from the Time of passing this Resolve. 

March 8, 1791. 

Chapter 115. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE 
TOWN OF FRANKLIN, EMPOWERING THEM TO PROVIDE FOR 
ALEXANDER REED. 

Upon the Petition of the Selectmen of the Town of 
Franklin in the County of Suffolk concerning one Alix- 
ander Reed now Residing in said Town of Franklin who 
was bound out by the Selectmen of the Town of Wren- 
tham by virtue of a Resolve of the General Court Pased 
on the seventh Day of November A, D. 1770 the said 
Alexander being then Considered as the Poor of this 
state. 

Resolved that the Selectmen of Said Franklin be and 
they hereby are impowered to take care and Provide for 
the said Alixander Reed & by and with the advice of two 
Justices of the Peace to set to work or bind out to ser- 
vice the Said Alixander in the same w^ay & manner as 
Selectmen are empowered to bind out the Poor & idle 
Persons of their respective Towns agreeably to a Law 
made in the year of our Lord 1789 intitled an act for the 
support of the Poor — And that the ex})ence that may be 
incured by the Selectmen oi Franklin afore said, for the 
necessary support & maintainance of said Alixander be 
Laid before the General Court for allowance & Payment, 
any Resolve to the contrary not withstanding. 

March 8, 1791. 



Eesolves, 1790. — Januaet Session. 219 



Chapter 116. 

RESOLVE ON THE PETITION OF EZRA BE A MAN, IN BEHALF 
OF BOSTON ALLEN, DIRECTING THE COMMITTEE TO CER- 
TIFY THE BALANCE DUE. 

On the Petition of £Jzt^a Beaman in Behalf of the Heir 
of Boston Allen late a private Soldier in Colo. Bigelow's 
Regiment in the Continental Army. 

Resolved That the late Committee for settling with the 
Army be authorized and they are hereby authorized to 
certify to his Excellency the Governor and Council of this 
Common Wealth the Ballance which is due to the said 
Boston Allen for his Services in the Army any Law or 
Resolve to the contrary notwithstanding. 

March 8. 1791. 



Chapter 117. 

RESOLVE DISCHARGING BENJAMIN GREENLEAF, ESQ. AND 
OTHERS, A COMMITTEE TO HIRE VESSELS, PURCHASE FLOUR, 
&c. FROM £.18000. 

On the Memorial of Walter 8pooner Moses Gill & 
Thos. Durfee Esqs. 

Whereas by a resolve of the General Court of the 17th. 
day of February 1776 The sum of Eighteen thousand 
pounds, was ordered to be paid out of the Treasury of this 
Commonwealth to Benjamin Greenleaf, Walter Spooner, 
Moses Gill, Daniel Davis, 77iomas Durfee, Josiah Bach- 
eldor and Ralph Cross, a Committee appointed for the 
purpose of hiring Vessels & purchasing flour Rice & Iron 
from the Southern States for the use of the said Com- 
monwealth : And whereas it appears that the said sum of 
Eighteen thousand pounds was paid to the Honble. James 
Warren Esq. who was then Paymaster to the Troops sta- 
tioned at Cambridge, who in exchange for said sum, 
drew a Bill for the same amount on the President of 
Congress }5ayable to the said Committee to enable them 
[to'] purchase the aforesaid articles ; which articles to a 
considerable amount were purchased and delivered to 
the Commissary General of this Commonwealth : And 
whereas it farther appears that the accounts of the aliove 
transactions so far as the aforesaid Committee were con- 
cerned have long since been settled & adjusted by the 
Committee for methodizing the public accounts ; 



220 Resolves, 1790. — January Session. 

Therefore Resolved, That the aforesaid Benjamin Green- 
leaf, Walter Spooner, Moses Gill, Thomas Durfee, Daniel 
Davis, Josiah Bacheldor & Ralph Cross, be, and they 
hereby are discharged from the aforesaid warrant of 
Eighteen thousand pounds. March 8, 1791. 



Chapter 118.* 

RESOLVE ON THE PETITION OF THE TOWN OF MED WAY. 

On the petition of the inhabitants of the town of Med- 
way praying that the line between the town of Medway 
and Sherburn may be established. 

Ordered that the petitioners notify the inhabitants of 
the town of Sherburn by serving the town Clerk of said 
town, thirty days before the second Wednesday of the 
first session of the next General Court, with an attested 
copy of their petition and this order thereon, then to ap- 
pear and shew cause if any they have why the prayer of 
said petition should not be granted. March 8, 1791. 



Chapter 119. 

RESOLVE ON THE PETITION OF THE PROPRIETORS OF THE 
TOWN OF LUNENBURG. 

On the Petition of the Proprietors of the Town of 
Lunenburg. 

Resolved that the Proprietors of said Town oi Lunen- 
burg be & they hereby are Permitted to Deposit the 
money arriseing by the sale of the remains of their undi- 
vided Lands, (for which the owners have not made appli- 
cation) in the Treasury of the said Town of Lunenburg 
takeing the Treasurer's Receipt therefor & makeing a 
Record of the same in the Pro})rietors Book of Records 
— such money to Remain in the said Treasurer's office 
without interest untill applied for by the Lawfull owners 
or their Legal Representatives — & the said Proprietors 
are hereby Directed to Publish this Resolve with their 
Doings thereon three weeks successively in the Independ- 
ent Chronicle as soon as may be, the Expences of such 
Publication to be Defrayed out of the monies aforsaid. 

March 8, 1791. 



Taken from court record. 



Resolves, 1790. — January Sessiok. 221 



Chapter 130. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF STOCK- 
BRIDGE, ABATING CERTAIN ASSESSMENTS. 

On the petition of the Selectmen of the Town of Stock- 
bridge. 

Resolved, That there be and hereby is abated to said 
Town of Stockbi'idge, one hundred thirteen pounds 1/11| 
being the amount of several assessments on the Indians in 
said Town and committed to Indian Collectors to Collect, 
from the year 1753 to 1757 both inclusive — and the 
further sum of one hundred and tioo pounds seven shillings 
& two ])ence being the amount of taxes assessed on the 
Indians in said Town in the years 1759 & 1760 and Com- 
mitted to HendricTc Wagpont to Collect — and the Treas- 
urer is directed to govern himself accordingly. 

And it is further Resolved that the Treasurer of the 
Commonwealth is hereby directed to Credit said Town of 
jStockbj'idge three j^oimds seven shillings & 21 assessed on 
said Town in the year 1748 — and also to CTredit Stephen 
JSTash one of the Collectors of the Town of Stockbridge in 
YilZ, fifteen pounds being the sum received of him by a 
Committee of said Town to defray the expence of sending 
messages into Canada, and to the Western Indians, pur- 
suant to a resolve of the Provincial Congress in 1775. 

March 8, 1791. 

Chapter 131. 

RESOLVE FOR THE DISPOSING OF THE WESTERN LANDS TO 
SAMUEL OGDEN. 

Resolved that the Hon. Samuel Phillips, Nathaniel 
Wells, David Cobb, William Eustis & Thomas Davis 
Esqrs. be a Committee with full power and authority to 
bargain and sell to Samuel Ogden and his heirs and assigns 
all and singular the right of pre-emption and all other the 
title and interest of this Commonwealth in & unto all that 
Tract of Land lying in the State of New York the right 
of pre-emption whereof the State of New York ceded 
granted released & confirmed to this Commonwealth their 
Grantees and the heirs and Assigns of such Grantees for- 
ever saving and excepting such part or parts of said Tract 
the right of preemption whereof this Commonwealth has 
ceded and granted to the United States of America and 



222 Resolves, 1790. — January Session. 

also saving & excepting such part or parts of the same 
Tract the pre-em[^]tive right to which now belongs to 
Nathaniel Gorham & Oliver Phelps Esqrs. their heirs or 
Assigns by virtue of any Grant or Confirmation from this 
Commonwealth, however the same Tract is or may be 
bounded or described & also reserving one undivided 
sixtieth part of sd. Tract excepting such parts thereof as 
belong to the said United States and said Gorham & 
Phelps by Virtue of any Cession from this Commonwealth 

— for the consideration of one hundred thousand pounds 
to be paid in the following manner, viz Seven thousand 
jive hundred pounds in three months from the signing the 
deed, Seven thousand Jive hundred pounds in Six months 

— and Jif teen thousand jwimds, annually until the whole 
is paid, with Interest at Six ^ Centiun ^ annum after Six 
months, from the date of the conveyance upon each and 
every of the said instalments, reserving however to the 
said Samuel Ogden his heirs Executors Administrators 
and assigns a right to make payment of the said Install- 
ments at any earlier period than that in which they may 
become due as aforesaid. And upon such bargain & sale 
the said Committee are hereby fully authorised to execute 
in the name & behalf of this Commonwealth such good & 
sufficient deed as shall be necessary to compleat the same 
and thereby to oblige this Commonwealth by any other 
act or acts lawful in the premises to confirm to the said 
Samuel Ogden his heirs and assigns all and singular the 
right title and interest aforesaid upon the fair & just extin- 
guishment of the Indian Claims which may remain to the 
said lands and also to engage on behalf of this Common- 
wealth that on request to the legislature thereof some 
suitable person shall be appointed to superintend at the 
expence of the said Samuel Ogden his heirs or assigns at 
any indian treaty which shall or may be held for the pur- 
pose of such extinguishment agreably to the deed of cession 
aforesaid, and as therein is required. And the said Com- 
ittee are hereby enjoined to take such security either real 
personal or both for the payment and performance of the 
considerations & terms aforesaid as they together with the 
Attorney General shall judge adequate and sufficient. 

And it is Resolved that all monies to be paid as afore- 
said shall be paid to and received by the Treasurer of this 
Commonwealth and duplicates shall be given therefor and 
one such recei[j9]t for every payment and also the coun- 
terparts of any deeds which shall be executed as aforesaid 



Resolves, 1790. — January Session. 223 

& any other deeds or securities respecting such sale shall 
be deposited with the Secretary of this Commonwealth. 
And of their proceedings herein the said Committee shall 
make report to the General Court as soon as may be. 

March 8, 1791. 

Chapter 133. 

RESOLVE ON THE PETITION OF BENJAMIN KNEELAND, ALLOW- 
ING HIM £.54 Vis. FOR HIS SERVICES AS CLERK IN THE TREAS- 
URER'S OFFICE, BETWEEN 1781 AND 1784. 

On the Petition of Benja. Kneeland praying for an 
allowance for his service as Clerk in the Treasury Office 
of this Commonwealth under the Departmept oi John Fur- 
nass Esqr. between Aug. 23d. 1781 and Sept. 13th. 1784. 

Resolved that the sum oi fifty four pounds twelve shil- 
lings be allowed & paid to the sd. Benja. ITneeland out 
of the Treasury of this Commonwealth in full for his 
service aforesaid ; and that the Treasur'r be directed to 
govern himself accordingly ; any Law or Resolve to the 
contrary notwithstanding. March 8, 1791. 

Chapter 133. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF GRANVILLE, DIRECTING THE ATTORNEY-GENERAL, NOT 
TO PROSECUTE THE TOWN CLERK, FOR NOT RETURNING 
VOTES. 

On the Petition of the Selectmen of the Town of Gran- 
ville praying for the relinquishment of the penalty which 
may by Law be inflicted for Neglecting to return the 
Votes for Governour, Lt. Governour, and Senators, from 
sd. Town for the year 1790. 

Resolved (for reasons sett forth in said Petition) that 
the prayer thereof be granted, and that the Town Clerk 
of Granville aforesaid be not prosecuted for not returning 
said Votes, And the Attorney General is to govern him- 
self accordingly. March 8, 1 791 . 

Chapter 134. 

RESOLVE ON THE PETITION OF THE CLERKS IN THE TREAS- 
URER'S OFFICE. 

On the Petition of Saml. Foster and others Clerks in 
the Treasury Office praying for an Allowance for Deduc- 
tions made in their Accounts exhibited to the Committee 
on Accounts. 



224 Resolves, 1790. — January Session-. 

Resolved, That the Committee on Accounts be and they 
are hereby authorized to make an allowance pr. Day to 
the said Petitioners (in the next Accounts they shall ex- 
hibit to the said Committee) for the Deductions made on 
their respective Accounts from June 1789 to June 1790 
so as to make the same conformable to the Establishment 
made for the pay of said Clerks by a liesolve pf the Genl. 
Court oi Jane 16, 1790. March 9, 1791. 

Chapter 135. 

RESOLVE ON THE PETITION OF HERMAN BRIMMER. 

On the Petition of Herman Brimmer praying that he 
may take into possession & have the management of cer- 
tain Lands in the County of Middlesex owned by certain 
Orphan Children dwelling without this Commonwealth 
which Lands were under the charge & management of 
Joseph Gardner Physician deceased of whose last Will 
and testament said Herman is Executor. 

Resolved that the prayer of the said Petition be so far 
granted as that the said Herman Brimmer be and he 
hereby is authorized & impowered to take care of & im- 
prove to the best advantage all the real Estate formerly 
belonging to John Jeykell late deceased lying in the towns 
of Stow & Boxborough in the County aforesaid for the use 
& benefit of the Heirs of the said Jeykell if any there are 
agreeably to the Laws of this Commonwealth & if there 
are no such Heirs then for the use & benefit of this 
Commonwealth. 

And it is further resolved that the said Herman Brim- 
mer is fully authorized & impowered to prosecute to final 
Judgment and Execution any person or persons who have 
or hereafter may trespass on the premises and the said 
Herman shall render an account of his doings in the prem- 
ises to the Legislature whenever he shall be called on to 
do the same. March 5, 1791. 

Chapter 136.* 

RESOLVE ON THE PETITION OF MESSRS. ENOCH ILSLEY, NA- 
THANIEL DEERING, SAMUEL FREEMAN AND THOMAS SAN- 
FORD. 

On the Petition of Messrs. Enoch Ilsley, Nathaniel 
Deering, Samuel Freeman & Thomas Sanford in behalf 

* Taken from court record. 



Resolves, 1790. — January Session. 225 

of themselves and the other siiflerers by the destruction 
of the town of Falmouth, now Portland, by the british 
forces in the year 1775. '' 

Resolved, for reasons set forth in said petition, that 
there be granted to the petitioners & others the sufferers 
aforesaid two townships of land of six miles square each, 
to be laid out under the direction of the Committee for 
the sales of eastern lands in the Counties of Cumberland 
or Lincoln, reserving however in each township four lots 
of three hundred and twenty acres each for public uses, 
viz, one for the ministry, one for the first settled minister, 
one for the support of schools and one for the future dis- 
position of the General Court to average in goodness and 
situation with the other lots in said townships ; and the 
sufferers are hereby authorized & impowered at their own 
expence to lay out said townships under such direction as 
aforesaid. 

And be it further Resolved that the townships so to be 
laid out shall be apportioned among the sufferers accord- 
ing to their present respective circumstances and wants & 
a plan shall be returned into the Secretary's Office. 

And it is further Resolved that the grantees shall per- 
form the usual conditions required of settlers viz, to settle 
thirty families in each of said townships within three years 
from the laying out of the townships aforesaid, and the 
lands in said townships shall be distributed and divided 
to and among the said sufferers by a Committee of dis- 
interested persons to be chosen by the majority of the 
sufferers which Committee shall be sworn to the faithful 
discharge of their office. March 9, 1791. 



Chapter 137. 

RESOLVE ON THE PETITION OF DAPHNE, AN AFRICAN WOMAN, 
IMPOWERING JOSEPH HOSMER, ESQ. TO MAKE PROVISION 
FOR HER SUPPORT. 

On the Petition of Daphne, an African Woman, formerly 
belonging to Henry Barns Esqr. an Absentee. 

Resolved that Joseph Hosmer Esqr. be and he hereby is 
impowered, and requested, to make suitable Provision for 
her Comfortable support, untill the further Order of the 
General Court, and lay his accounts from time to time 
before the General court for Allowence and Payment. 

March 9, 1791. 



226 Eesolves, 1790. — January Session. 



Chapter 138. 

RESOLVE ON THE PETITION OF GILBERT DENCH. 

On the Petition of Gilbert Dench representing tliat he 
with others in the year 1781 was appointed a Committee 
to transport, Morters, Powder &c. from this State to 
Claverick that sometime afterwards the said Committee 
settled their accounts Avith Government in part, since 
which Settlement they have been able to collect some 
Keceipts which in their former settlements were not 
allowed to them. 

Resolved, that the said Gilbert Dench is hereby author- 
ized, & permitted to exhibit his said Rece[i]pts and 
account to the Committee on Accounts for their Exam- 
ination and Allowance, any Law or Resolve to the Con- 
trary notwithstanding. March 9, 1791. 

Chapter 139. 

RESOLVE ON THE MEMORIAL OF ISAAC COIT, GRANTING HIM 
£.9 11. 

On the Memorial of Isaac Coit, praying for a further 
allowance of his Account exhibited to the Committee on 
accounts, the last Session of the last General Court, For 
Visits Medicines &c. for George Reed one of the State's 
Poor. 

Resolved, For reasons therein mentioned, That there be 
allowed, and paid, out of the Treasu[7-Jy of this Common- 
wealth to the said Isaac Coit, the Sum of Nine pounds 
Eleven sJiillings, from the first moneys that may come 
into the Treasury, not already appropriated, in addition 
to the Sum oi Eight pounds ten shillings, already paid — 
In full for his said Account. March 9, 1791. 

Chapter 130. 

RESOLVE FOR BORROWING MONEY TO PAY THE CIVIL LIST. 

Resolved that tlie Treasurer of this Commonwealth l)e 
and he is hereby empowered & directed to borrow if 
necessary on the Credit of the first monies which shall 
be received into the Treasury, not ah'eady appropriated, a 
Sum sufficient to pay the Members of the General Court 
for their travel & attendance at their present Session ; 
also a sum sufficient to pay all the Officers & Servants 



Resolves, 1790. — January Session. 227 

of Government, which compose the civil list, as well 
the Arrears due to them, as for their Services that may 
become due at the end of the present Session of the 
General Court — also for three quarters pay to the Garri- 
son at Castle Island, ending the 21 instant. 

March 9, 1791. 

Chapter 131. 

RESOLVE FOR PAYING THE CHAPLAIN AND CLERKS OF THE 
TWO HOUSES FOR THEIR SERVICES. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth to the Reverend Samuel 
Stilhnan Chaplain of the two Houses of the General 
Court twelve pounds ; and to Samuel Cooper Esqr. Clerk 
of the Senate, Sixty Pounds and to George Richards 
Minot Esqr. clerk of the House of Representatives Sixty 
pounds in full for their services respectively for the pres- 
ent year ; and that the Treasurer be and hereby is directed 
to pay the same out of the same funds and in the same 
manner, as the members of the General Court are paid 
for their services the present Session. March 9, 1791. 

Chapter 133. 

RESOLVE ON THE PETITION OF WILLIAM PHILLIPS, EXECUTOR 
TO THE ESTATE OF JOSIAH QUINCT, JUN., ESQ. TO QUIT 
CLAIM ALL THE TITLE UNTO THE SAID WILLIAM PHILLIPS, 
OF THE RENT OF A CERTAIN HOUSE. 

On the Petition of William Phillips Executor to the 
Estate of Josiah Quincy junior Esquire late of Boston 
deceased. Praying that this Court would determine the 
rent of a certain dwelling house in the Town of Boston 
the property of the Wife of Daniel Leonard an absentee, 
the profits of which were confiscated to this Common 
Wealth during the life of the said Leonard; and by a 
resolve of the General Court oi Fehry. 15, 1783, was put 
into the possession of William Phillips aforesaid, to dis- 
charge a note of hand of the sum of One hundred pounds 
& interest thereon from the 1st. day of May 1771, given 
by said Leonard to said Josiah Quincy Junior for cash 
lent to him, together with such repairs as should be neces- 
sary on said house. 

Resolved, That this Commonwealth release & quit claim 
unto the said William Phillips all the right & title they 



228 Resolves, 1790. — January Session. 

now have or shall have in & to the aforesaid house from 
the passing the aforesaid Resolve untill the first day of 
June One thousand seven hundred <& ninety four in full 
discharge of the aforesaid demand. March 10, 1791. 



Chapter 133. 

RESOLVE ON THE PETITION OF LAZARUS GOODWIN. 

On the Petition of Lazarus Goodwin, praying that five 
articles of his account for Services as Brigade major in 
the first Brigade, in the 8th. Division of the militia of 
this Commonwealth, performed in the year 1788 may be 
paid for. 

Iiesolve\_d^ that the Petitioner's account for such five 
articles of Service be, and the same is hereby referred 
to the standing Committee on accounts ; who are hereby 
directed to settle the same, and to make the said Peti- 
tioner a just allowance for the same, any Law or Resolve 
to the contrary notwithstanding. March 10, 1791. 

Chapter 134. 

RESOLVE ON THE PETITION OF ABIGAIL OTIS, ADMINISTRA- 
TRIX ON THE ESTATE OF JOSEPH OTIS, AUTHORIZING HER 
TO MAKE A GOOD DEED OF CONVEYANCE OF THE LAND AND 
BUILDINGS MENTIONED, TO ELISHA SHERMAN, JUN. 

On the petition of Abigail Otis, administratrix on the 
Estate of Joseph Otis, late of Boston deceased praying 
that she may be authorized to execute a deed of a certain 
tract of land with the buildings thereon lying and being 
in Pemhroke in the County of Plymouth, which the said 
Joseph in his life time agreed to convey to Elisha Sher- 
man Jun. of Marshfield. 

Resolved That the prayer of said Petition be granted 
and that the said Abigail be and she is hereby authorized 
and impowered to make and execute in her said capacity 
a good and suflicient deed of conveyance to the said Elisha 
Sherman Jun. of the said Josej^Ks right and Interest in 
the lands and buildings mentioned in said petition — and 
a deed thus executed by the said Abigail shall be as good 
and valid to all intents and purposes as if executed by the 
said Joseph when in full life. March 10, 1791. 



Eesolves, 1790. — January Session. 229 



Chapter 135. 

RESOLVE ON THE PETITION OF CART GLADDING, GRANTING 
HIM £.17 16 1. 

On the Petition of Carey Gladding praying that he may 
be paid the Ballance due to him for his Wages, on Account 
of his service as a Seaman, on Board the Ship Adams 
from the 15th. Day of February 1778, to the 28th. Day 
of Sepr. 1778. 

Resolved that there be paid out of the Treasury of the 
Commonwealth unto the said Carey Gladding, in full of 
the Ballance due to him for his Services aforesaid the Sum 
of Seventeen Pounds, Sixteen Shillings and one Penny. 

March 10, 1791. 



Chapter 136. 

RESOLVE ON THE REPRESENTATION AND ACCOUNT OF THE 
COMMITTEE ON THE SALE OF EASTERN LANDS, DISCHARG- 
ING THEM FROM SUNDRY SUMS OF MONEY, AND MAKING 
THEM A GRANT OF £.423 6 5. 

Resolved that the committee for the sale of Eastern 
lands, be & they are hereby discharged from the sum of 
Sixty nine thousand, four hundred & nine pounds, four- 
teen shillings & seven pence in Consolidated notes & Con- 
tinental Securities paid by them into the Treasury, & also 
from the sum of TJtree Thousand two hundred & forty 
pounds, nine shillings & tivo pence halfpenny Specie 
paid into the Treasury including the sums expended in 
the business of their commission, amounting in the whole 
to Seventy tivo thousand Six hundred & fifty pounds 
three shillings & nine pence halfpenny. And that there 
be allowed & paid out of the Public Treasury, out of the 
monies that have arisen or may arise from the sale of 
Eastern lands unto Samuel Phillips, Nathaniel Wells, 
Leonard Jarvis, John Read, & Daniel Cony esquires 
the committee aforesaid the balance of Four hundred & 
twenty three pounds six shillings & five pence, being the 
balance due to them on their said account. 

March 10, 1791. 



^'^0 Eesolves, 1790. — January Session. 



Chapter 137. 

RESOLVE ON THE PETITION OF SAMUEL LARA, AUTHORIZING 
HIM TO PURCHASE A MOSES BOAT, FOR THE USE OF RAINS- 
FORD ISLAND. 

Upon the Petition of Samuel Laha, praying that this 
Commonwealth would provide him with a Moses Boat, 
for the use of Jlainsford Island. 

Resolved, That the Prayer of the Petition be granted 
& the said Samuel Laha, is hereby authorised & directed 
to purchase for the use of Rainsford Island a Moses boat, 
not to exceed in value the sum of Eighteen pounds, & to 
lay his accounts before this Court for their approbation. 

March 10, 1791. 



Chapter 138. 

RESOLVE ON THE PETITION OF ROGER HUNEWELL, GRANTING 
HIM ANNUALLY, £.3, IN ADDITION TO THE PENSION GRANTED 
HIM. 

On the Petition of Rogei- Huneivell Setting forth that 
he lost one of his arms at the reduction of Louisburgh in 
the year 1745 for which he receives a pension from this 
Commonwealth of nine pounds annually, which sum is 
insulicient for his support. 

Resolved that there be allowed & paid out of the 
Treasury of this Commonwealth unto Roger Hunewell the 
suni of three pounds annually (during his natural life) in 
addition to the pension heretofore granted to him. 

March 10, 1791. 



Chapter 139. 

RESOLVE EMPOWERING JOHN BRIDGE AM, AMOS DWINEL AND 
JOHN GLOVER, TO COMMENCE AND PROSECUTE TO FINAL 
JUDGMENT, ANY ACTION IN THE NAME OF THE COMMON- 
WEALTH. FOR ANY LANDS CONTAINED IN THE LOCATION 
MADE BY SAMUEL GERRISH; WITH A PROVISO. 

Whereas in the year one thousand seven hundred and 
sixty five the General Court of the then Province of 
Massachusetts Bay granted to Samuel Gerish and others 
a certain Tract of Land to be laid out in the unappropri- 
ated Lands then lying within the same Province, to be 
of the Contents of seven and an half miles square, on cer- 
tain conditions in the same grant mentioned — and the 



Kesolves, 1790. — January Session. 231 

said Grantees havins? located in consequence of said Grant, 
a certain neice of Land upon the west side of Andros- 
coqin River and returned what they pretended to be a 
map thereof to the General Court, the same was confirmed 
to them upon a Condition expressed in the same confir- 
mation in these words ^^ provided the same doth not 
exceed the quantity of seven and an half^ miles square 
exclusive of eight Thousand and six hundred Acres allow- 
ance for ponds therein contained." 

And whereas the General Court in the year one thou- 
sand seven hundred and Eighty Nine upon examination 
found that the return of the same Location was unfair and 
deceitful and that the map made thereof and presented as 
aforesaid was not a true Map of the same Location, and 
that the Lands confirmed upon the Condition aforesaid 
contained a much greater quantity than seven and an halt 
miles square, and thereupon granted to John Bridgham 
Amos Dwiiiel and others their associates for a valuable 
Consideration all the right Title and Interest which the 
Commonwealth had in a certain part of the same Lands 
so Located by and conditionally confirmed to the said 
Samuel Gerrish and others. And there having arisen 
Leo-al difliculties in the way of the said John Bridgham 
Amos Dwinel and others gaining possession of any part 
of the same Lands upon the grant aforesaid to them be- 
cause that the Commonwealth had never previous to the 
errant aforesaid to them obtained Judgment against the 
said Samuel Gerrish and others or against any persons 
claiming under them for possession of the same Lands or 
any pai? of them for the breach of the Conditions expressed 
in said Grant & Con6rmation to the said Samuel Gerrish 
& others; by means whereof the said John Bridgham 
Amos Dwinel and others to whom the General Court 
o-ranted the right of the Commonwealth as aforesaid are 
deprived of receiving any benefit from their grant and 
have therefore Petitioned for the aid of the Common- 
wealth in the premises : ^ . ^^ . 7 i, a 
Therefore Resolved that the said John Bridgham and 
Amos Dwinel be and they hereby are jointly and sever- 
ally impowered and authorized to Commence and prose- 
cute to final Judgment and Execution any action or 
actions in the name of the Commonwealth of 3Iassachu- . 
setts for any of the Lands contained in the Location made 
by the said Samuel Gerrish and others as aforesaid and 



232 



Ebsolves, 1790. — January Session. 

which are contained in the return made by the said 
Samuel and others as aforesaid, and in the name and 
behalf of the same Commonwealth to receive possession 
and seisen of any Lands the possession whereof may be 
recovered in any of the actions brought by them or Either 
of them as aforesaid and that the said John Bridgham and 
Amos Dwinel may in the name and behalf of the same 
Commonwealth enter upon the Lands contained in the 
Location made by the said Samuel Gerrish & others as 
aforesaid or any part thereof in consequence of the 
Breach of the conditions aforesaid or either of them with 
all the powers and authorities which the Commonwealth 
have a Legal and Constitutional right to grant. 

Provided nevertheless that the said John Bridgham and 
Amos Dwinel shall take upon them all risque of Damao-c 
or mjury which may accrue happen or be adjudged against 
them or this Commonwealth for their proceedings in the 
premises and shall bear their own expence and all charo-es 
arising in the same. March 10, 1791. 

Chapter 140. 

RESOLVE ON THE PETITION OF BENJAMIN JEPSON, GRANTING 
HIM £.171 10s. WITH INTEREST. 

On the Petition of Benjamin Jepson prayino; that pay- 
ment may be made to him for one half the hire of the 
hloop Bigeon employ'd in the Expedition against Be?iob- 
scot. 

Resolved that there be allowed & paid out of the public 
Treasury of this Commonwealth to Benjamin Jepson, One 
hundred & Seventy one pounds ten Shillings with interest 
from J^ovr. 15th. 1779, from any monies that may be paid 
therein, and not already appropriated, & that the said 
Jepson give his receipt therefor in full for the remainino- 
half due on the hire of the Sloop Pigeon employ'd in 
the expedition against Penobscot, agreealDly to the Charter 
V^^^y- March 10, 1791. 



Chapter 141. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF SPENCER 
GRANTING THEM £.15 FOR A CANNON, AND £3 FOR THE 
TRANSPORTATION OF THE SAME. 

On the Petition of the Select men of the ToAvn of Spen- 
cer praying that they may be Paid for a Cannon which 



Resolves, 1790. — January Session. 233 

was a Nine Pounder, and for Transporting the same from 
the Town of Spencer to wartertown in June the 12 1775. 
JResoIved the Prayer of the Petition be granted and that 
there be allowed & paid out of the public Treasury to the 
Town of Spencer ffteen Pounds for the Cannon and three 
Pounds for Transporting the Same to wartertown the Same 
to be charged to the United States. March 10^ 1791. 

Chapter 143. 

RESOLVE ON THE PETITION OF FRANCES SHIRLEY IVESTERN, 
MAKING PROVISION FOR THE PAYMENT OF THE INTEREST 
OF A GRANT PASSED JUNE 14th, 1785. 

On the Petition of Frances Shirley Western, Executrix 
of the Last Will and Testament, and sole Heiress of 
her late Father, William Bollan Esqr. Deceased, praying 
that Provision be made for the Payment of the Sum of 
tivo Thousand Pounds, which was Granted to her, by a 
Resolve of the General Court, passed June 14th. 1785, 
and the Interest due on the Same. 

Resolved, that there be paid out of the Treasury of the 
Commonwealth, the said sum of two Thousand Pounds 
(which was Granted, and ordered to be paid, by the Re- 
solve aforesaid) to her the Said Frances Shirley Western, 
together with the lawful Interest of the same, from the 
said fourteenth Day of June 1785, to this Time ; and 
that the Treasurer be, and he hereby is directed, to pay 
the said Interest, to the said Frances Shirley or her Order 
out of the first unappropriated Monies that shall be paid 
into the Treasury. March 10, 1791. 

Chapter 143. 

RESOLVE ON THE PETITION OF WILLIAM SCOTT, DIRECTING 
THE COMMISSARY OF PENSIONS TO ENTER THE SAID WIL- 
LIAM SCOTT ON THE PENSION ROLL, AND TO ALLOW HIM 
SIX POUNDS PER MONTH. 

On the petition of William Scott, a wounded Officer. 

Resolved that John Lucas Esqr. Commissary of pension- 
ers be & hereby is directed to enter the said William Scott 
as a pensioner on the pension roll & that he allow him six 
pounds pr. month the same being equal to the half pay of 
a Captain — the said Scott having first obtained the proper 
certificate that he has returned his commutation agreeably 
to the act of Congress in that case made & provided. 

March 10, 1791. 



234 Resolves, 1790. — January Session. 



Chapter 144. 

RESOLVE ON THE PETITION OF BENJAMIN CARR, DIRECTING 
THE TREASURER TO ISSUE HIS NOTE FOR THE SUM WHICH 
APPEARS TO BE DRA^VN BY A FORGED ORDER. 

On the petition of Benjamin Carr praying that he may 
receive the wages of his Son John Carr a Soldier in 
the 8th. Mass'tts liegiment which have been drawn Ijy a 
forged order. 

Resolved that the Treasurer of this Commonwealth be & 
he hereby is directed to issue his note to the lawful heirs of 
the said John Carr, for the sum of twenty one pounds nine- 
teen shillings, (which sum appears to have been drawn by 
a forged order,) in the same way & manner as he would 
have done if no such forged order had been presented — 
And that the same be charged to the United States. 

March 10, 1791. 

Chapter 145. 

RESOLVE ON THE PETITION OF CHARLES PHILLIPS. 

On the petition of Charles Phillips setting forth that 
his Wages as a Soldier in the Continental army, had been 
drawn by a forged order. 

Resolved, that the Treasurer of this Commonwealth 
be, and he is hereby ordered to discharge the Wages of 
Charles Rhillips as a Soldier in the Continental army, in 
the same way & manner as though the VVages of the sd. 
Phillips had not been drawn as aforesaid. 

March 10, 1791. 

Chapter 146. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF TOP SHAM. 

On the petition of the Selectmen of the Town of Tojjsham 
praying they may be reiml)urst a Sum of Fifty Jive pounds 
18/8 the same being a Ballance due them as appears by 
the Treasurer's Books. 

Resolved that the Treasurer of this Commonwealth be 
directed to Credit the said Town of Topsham Fifty five 
pounds 18/8 on No. 7 & 8 Taxes & that the Collector or 
Collectors of said Topsham be directed & they arc hereby 
directed to ])ay said Sum of Fifty five pounds 18/8 to 
the Town Treasurer of Topsham for the use of said Town 
of Topsham. March 10, 1791. 



Resolves, 1790. — January Session. 235 



Chapter 147. 

RESOLVE ON THE PETITION OF HOLDER SLOCUM, ESQ. IN BE- 
HALF OF THE TOWN OF DARTMOUTH. 

On the Petition of Holder Slocum Esqr. in behalf of 
the Town of Darlmo. 

llesolved that the prayer of said Petition be granted & 
that the Treasurer of this Commonwealth be and hereliy 
is directed to Credit the said Town of Dartmouth on Tax 
No. 7 the snm of JSTine jiounds sixteen shillings & Eight 
pence. 

And be it further resolved that the said Treasurer be 
and hereby is directed to add the sum of nine pounds 
sixteen shillings & eight pence to the Town of Westporfs 
proportion of Tax No. 9 any Law to the Contrary not- 
withstanding. March 10, 1791. 



Chapter 148. 

RESOLVE DIRECTING THE TREASURER TO CONFER WITH 
NATHANIEL APPLETON ESQ. RELATIVE TO THIS STATE'S 
NOTES. 

Resolved, That the Treasurer of this Commonwealth 
l)e, and he is hereby authorized & required to confer with 
the Continental Loan Officer, and with him to adopt some 
proper measures to prevent Frauds and detect Counterfeits 
in paying into the Continental Loan Office, the Securities 
of this Commonwealth, on account of that part of the 
Debt of this Commonwealth, which has been assumed by 
the Congress of the United States. March 10, 1791. 

Chapter 149. 

RESOLVE GRANTING A TAX TO THE COUNTY OF SUFFOLK. 

Whereas the Treasurer of the County of Suffolk has 
laid his accounts before the General Court in maner by 
law prescribed which accounts are hereby allowed : 

And whereas the Clerk of the court of General Ses- 
sions of the peace for the said county has laid before the 
General court an Estimate made by the Court of General 
Sessions of the peace of the necessary charges likely to 
arrise within the said county the current year amounting 
to the sum of four Thousand Jive Hundred ?i\\d. fifty six 
pounds Eighteen Shillings: 



236 Resolves, 1790. — January Session. 

Resolved that the sum of Four Thousand five Hundred 
and fifty six pounds Eighteen Shillings, be and is hereby- 
granted as a Tax for the said County of Suffolk, to be 
apportioned assessed collected and applied in manner 
asreable to Law. March 10, 1791. 



Chapter 150. 

RESOLVE GRANTING £.13 8, TO DR. WARD NOTES, AND £.3 1, TO 
DR. THOMAS KITTREDGE FOR ATTENDANCE ON THE POOR 
OF CHARLESTOWN. 

On the petition of Doct. Ward JSfoyes & Doct. Thomas 
Kiltredge praying that their accounts for Medicine & 
attendance on the Poor of Charlestoivn may be alowed 
& paid. 

Resolved that the prayer of said petition be granted 
and that the Treasurer of this Commonwealth be and He 
hereby is directed to pay to Doct. Ward JVoyes the sum 
of Thirteen Pound Fight shillings, and to Doct. Thomas 
Kittredge the sum of Three Pound one shilling out of 
the first Money that shall come into the Treasury un- 
apropriated. March 11, 1791. 

Chapter 151. 

RESOLVE ON THE PETITION OF JOHN RUDDOCK. 

On the petition of John Ruddock, praying that the 
Treasurer of this Commonwealth be directed to i)ay him 
a sum of money Avhich was due to him from this Com- 
monwealth which was drawn by Virtue of a forged power 
of Attorny. 

Resolved that the prayer of said Petition be granted 
and that the Treasurer of this Commonwealth be and 
hereby is directed to issue to the said JoJin Ruddock a 
Consolidated Note for one hundr-ed & twenty nine pounds 
& thirteen shillings being due to him as a Field Commis- 
sary in the Army for the year 1780, the same having been 
drawn as aforesaid notwithstanding. March 11, 1791. 



Chapter 153. 

RESOLVE IN FAVOR OF THE COMMITTEE ON ACCOUNTS, GRANT- 
ING THEM THEIR PAY. 

Resolved, That there be allowed, and paid out of ye 
Treasury of this Commonwealth, in the same manner 



Resolves, 1790. — January Session. 237 



that the Members of the General Court are paid the 
present Session, to the Committee appointed to pass on 
public Accounts, agreeably to the usual Allowance made 
them for their Services ; the following Sums ; Viz : 

To the Honble. Joseph Hosiner Esqr., the Sum of Three 
Pounds, twelve shillings. 

To the Honble. Stephen lletcalf Esqr., the Sum of Two 
Pounds, fifteen shillings, & six pence. 

To John Carnes Esqr., the Sum of IViree Pounds, twelve 
shillings. 

To Thomas Davis, Esqr., the Sum of Two Pounds, 
fifteen shillings, & six pence. 

To Daniel Forbes Esqr., the Sum of Three Pounds, 
tivelve shillings. 

Which Sums will be in full for their Services respec- 
tively, above their Pay as Members of the General Court 
to ye present Day. March 11, 1791. 

Chapter 153. 

RESOLVE GRANTING £.24, TO THOMAS WALLCUT. 

Resolved that there be allowed & paid out of the Public 
Treasury, in the same manner that the Members of the 
Gen. Court are paid, to Thomas Walcutt, assistant Clerk 
to the Senate, the sum of Twenty four pounds, in full 
for his services the present Session of the General Court. 

March 11, 1791. 

Chapter 154. 

RESOLVE ON THE PETITION OF JOHN TUCKER, GRANTING 
HIM £.7. 

On the Petition of John Tucker praying that he may be 
allowed a Certain sum for apprehending Joh7i Bancroft a 
Deserter. 

Whereas this commonwealth did ])y their act passed 
March 12th. 1783 grant and order that the sum of six 
pounds be allowed and paid out of the publick treasury 
with all aditional Cost & Expences to any & every person 
that should apprehend and secure any Deserter : 

Therefore Resolved that there be allowed & paid out of 
the publick Treasury the sum of Seven pounds to John 
Tucker in full for his apprehending John Bancroft a 
Deserter from Coin. Cranes Reg. in the Continental 
Army and that the same be charged to the United States 
agreably to said act. March 11, 1791. 



238 Resolves, 1790. — January Session. 



Chapter 155. 

RESOLVE REQUESTING THE GOVERNOR NOT TO DISMISS MR. 
SHERIFF BRIDGE FROM HIS OFFICE. 

Resolved, that his Excellency the Governor, & the 
Honble. Council, be, and they hereby are requested, 
not to Kemove from Office, Edmond Bridge esq. Sheriff* 
of the County of Lincoln on account of any Deficiency 
due from him to the Treasury of this Commonwealth on 
No. five Tax, which may appear to them to be Occationed 
l)y the nonpayment of the Sum oi fifteen hundred pounds 
due to the said Sheriff* from Waterman Thomas Esq. 
untill after the end of the next Session of the General 
Court, any Law Resolve or Address of the two branches 
of the Legislature to the Governor & Council to the Con- 
trary notwithstanding. ' March 11^ 1791. 

Chapter 156. 

COMMITTEE APPOINTED TO SETTLE AVITH NATHANIEL GORHAM 
AND OLIVER PHELPS, ESQ. CONTINUED IN COMMISSION — TO 
MAKE REPORT. 

Resolved that the Committee appointed to make a final 
& absolute settlement with the Hon. Nathaniel Gorham 
&, Oliver Phelps Esqrs. relative to their bond for one 
hundred thousand pounds in the consolidated Securities 
of this Commonwealth, be & they hereby are continued 
in the said Commission and directed to make report of 
their proceedings in this business on the second Wednes- 
day of the first session of the next general court. 

March 11, 1791. 

Chapter 157. 

RESOLVE MAKING AN APPROPRIATION FOR PAYING BOUNTY 
ON DUCK AND HEMP. 

Resolved that the Bounties due on the Articles of Hemp, 
Duck, and Twine, be paid, to such Persons as are by Law 
intitled to receive the same, out of the sum raised by the 
Lottery, made and Established, bj' an Act of the General 
Court, passed on the second Day of March, in the year 
of our Lord 1790 ; intitled " An Act for raising the Sum 
of Teii Thousand Rounds by Lottery for the use of this 
Commonwealth," and that the Treasurer of the Common- 
wealth be, and he hereby is impowered and directed, to 
pay the same, accordingly. March 11, 1791. 



Resolves, 1790. — January Session. 239 



Chapter 158. 

RESOLVE ON THE PETITION OF WILLIAM FULLER AND SUSANNA- 
MCINTIRE. 

On the Petition of William Fuller and Susanna Mclntire 
in the Town of JSfeedham in the County of Suffolk. 

Resolved that William Fidler administrator and Susanna 
Mclntire administratrix to the Estate of John Mclntire 
Deceas'd, Be and they are hereby autliorised and em- 
pow[e]red to make and execute to Samuel Brown his Heirs 
and assigns forever a good and Lawfull Deed of al)out 
four acres of Land which tlie Said Mclntire Sold to 
Said Broion in his Lifetime, and is now Improved by 
Said Brown. March 11, 1791. 



Chapter 159. 

RESOLVE ON THE MEMORIAL OF RICHARD DEVENS, ESQ. COM- 
MISSARY GENERAL, GRANTING HIM £.800 TO PAY FOR SUP- 
PLIES FOR THE GARRISON AT THE CASTLE, AND DIRECTING 
HIM TO MAKE SALE OF THE BLANKETS HE HAS NOW ON 
HAND. 

On the memorial and representation of Rich'd Devens 
Esq., commisary General and the papers acompan[?/]ing 
said memorial representing that he has been obliged to 
contract a considerable Debt for the suplies of the Garri- 
son and convicts at the Cassell and finishing part of the 
Jail Building Shops &c. — and praying he may have a 
grant to enalile him to discharge the same. 

Resolved that there be allow'd and paid out of the pub- 
lick Treasury to the said Richard JDevans Commissary 
Genl. the sum of Eight Hundred pounds out of the first 
money that may come into the Treasury not otherwise 
appropriated to enable him to pay and discharge the 
Debts aforesaid and for further Supplies for said Garrison 
& convicts. 

And be it further Resolved that the Commissary Genl. 
be & he is directed to make Sale of all the Blankets he 
has now in his hands belonging to the Common wealth at 
publick or private Sale as he may conceive most advan- 
tageous to the commonwealth, rendering an account of 
the same and of the proceeds thereof. March 11, 1791. 



240 Kesolves, 1790. — January Session. 



Chapter 160. 

RESOLVE DIRECTING THE TREASURER NOT TO SEND TAX ACT 
No. 9 TO THE PLANTATION No. 22. 

Resolved, That the Treasurer of this Commonwealth be 
& he is hereby directed, not to send the Tax Act No. 9 
or to issue his Warrant for assessing any part of the same 
on Plantation No. 22 in the County of WasJiington the 
said Plantation being exempted from State Taxes for the 
term of ten years from the sale thereof, by a former Re- 
solve of the General Court. March 11, 1791. 



Chapter 161. 

RESOLVE ON THE PETITION OF LOAMMI BALDWIN, ESQ. AU- 
THORIZING THE TREASURER TO ADJUST AND SETTLE THE 
ACCOUNTS FOR THE EXECUTIONS ISSUED. 

Upon the Petition of Loamoni Baldwin Sherift' of the 
County of Middlesex Praying that a Eesolve may pass 
Explanatory of a former Resolve of the 25 day of JVovm, 
1785 upon the Petition oi Rebeccah Raymond also Pra}^- 
ing for a Full Settlement with the Treasurer &c. 

Resolved that said Sheriff shall not be held accountable 
for any more money than he actually did Receive on the 
Executions vs. Harlwell & Tidtle who were bail t'ov JVathaii 
Raymond as mentioned in his Petition & the Justices of 
the Supream Judicial Court are authorised to Settle with 
said Sheriff agreeably to this Resolve any Law to the 
Contrary notwithstanding. 

And it is further Resolved that the Treasurer of this 
Commonwealth be and he hereby is authorised & im- 
powered to adjust and Settle the accounts with the said 
Loammi Baldwin for all the Executions which have 
Issued from the said Treasurer's office (which do not 
appear to have been settled before) and allow any over- 
plus payments which have been made on one Tax, in 
the adjustment of another ; so as to make a full & Just 
settlement up to the time when said accounts shall be 
closed ; which is to be effected as soon as may be ; and 
give said Sheriff a discharge in full upon his paying the 
balance if any is found due. March 11^ 1791. 



Resolves, 1790. — January Session. 241 



Chapter 162. 

RESOLVE ON THE PETITION OF JOHN CRAWFORD, DIRECTING 
THE TREASURER TO ISSUE A CONSOLIDATED NOTE FOR THE 
SUM OF £.6 6, IN FULL OF HIS DEMANDS. 

On the Petition of John Crawford praying that he may 
be allowed for Transporting three Loads of Provisions 
from Sudbury to Rutlaiid in the year 1780. 

Resolved that the prayer of said Petition be granted, 
and that the Treasurer of this Commonwealth be and 
hereby is directed to Issue to the said John Crawford a 
Consolidated note for the sum of Six jmunds Six shilliyigs 
in full of his Demand against this Commonwealth. 

March 11, 1791. 

Chapter 163. 

RESOLVE DIRECTING THE TREASURER TO FURNISH PLANTA- 
TIONS WITH LAWS AND RESOLVES. 

Resolved that the Treasurer of the Commonwealth on 
Isueing the i)recepts on Tax No. 9 shall furnish each 
Plantation in this Commonwealth which is Taxed, with 
the Laws and Resolves of this Goverment, which have 
not hcartofore bin furnished therewith. 

March 11, 1791. 

Chapter 164. 

RESOLVE DIRECTING THE TREASURER TO DEPOSIT PUBLIC 
MONIES IN THE BANK. 

Resolved that the Treasurer of this Commonwealth be 
and hereby is authorized to deposit any pul)lic monies 
which he hath or may have in his hands, in the Massa- 
chvseils Bank for the more safe keeping of the same 
whenever he may judge it proper. March 11, 1791. 

Chapter 165. 

RESOLVE ON THE PETITION OF ELIJAH HUNT, IN BEHALF OF 
THE TOWN OF NORTHFIELD. 

On the Petition of Elijah Hunt in behalf of the Town 
oi NortJifield, for reasons set forth in said Petition. 

Resolved that the prayer thereof be granted, and that 
the Town Clerk of Northfield be not jn-osecuted for neg- 
lecting to return the Votes (from said Town) for Gov- 



242 Resolves, 1790. — January Session. 

ernour, Lt. Governour & Senators for the year 1790, 
and the Attorney General is to govern himself accord- 
ingly . March 11, 1 791 . 



Chapter 167.* 

RESOLVE TO CONFIRM THE DOINGS OF CORONERS- ALLOWING 
THEM TO GIVE BONDS. 

Whereas certain persons have been appointed by his 
Excellency the Governour and Council of this Common- 
wealth to the office of Coroner who did neglect to give 
bond as the law directs for the faithfull discharge of the 
said offices, until the time allowd for that purpose by 
Law was expired : 

Resolved that each and every person, who has been 
appointed to the office of a Coroner as aforesaid and has 
neglected to give bond as the Law directs be and hereby 
is allowed to give Bonds as aforesaid at the next Court 
of Common pleas to be holden in & for the County to 
which such person belongs. March 11, 1791. 



Chapter 168. 

RESOLVE ON THE PETITION OF PAUL RICHARDSON. 

On the Petition of Faul Richardson setting forth that 
many frauds respecting the Duty of excise have been 
committed — 

Resolved That the Attorney General immediately pros- 
ecute for all frauds against the revenue laws of this Com- 
monwealth of which He shall receive information — 

And be it further Resolved, That if the said Paul 
Richardson shall appear & give evidence of the frauds 
mentioned in his petition, and the persons against whom 
He shall give such evidence shall be convicted, then the 
said PaulSc his Sureties shall be discharged of the penal- 
ties mentioned in his Bond or obligation given to a Col- 
lector of Excise for the County of Suffolk in order to his 
obtaining a permit to sell excised articles, and not other- 
wise, March 11, 1791. 



* No chapter 166. 



Resolves, 1790. — Jantjart Session. 243 



Chapter 169. 

RESOLVE ON THE PETITION OF NOAH HALL, AUTHORIZING THE 
TREASURER TO DISCHARGE THE SAID HALL, FROM THE NOTES 
MENTIONED; WITH A PROVISO. 

On the Petition of Noah Hall, praying that he may 
be permitted, to discharge in Specie ; Sundry demands, 
which this Commonwealth hath against him, in four Notes 
of hand, bearing date, in the years 1782 : 1783, & 1784, 
payable, in the Consolidated notes of this Commonwealth. 

Resolved, that the prayer thereof be Granted, and that, 
the Treasurer of this Commonwealth be, and he hereby 
is, authorized and directed, to discharge, the said Hall, 
from the notes aforesaid ; provided ; the said Hall, shall 
give sufficiant Security, to the Treasurer of this Common- 
wealth ; for the payment, of one hundred and Sixty five 
pounds. Six Shillings, in Specie, with interest, from the 
passing of this Resolve ; payable wdthin one year, from 
the date hereof. March 11,1791. 



Chapter 170. 

RESOLVE ON PROPOSALS OF RUGGLES & SMITH, RELATIVE TO 
CONVICTS ON CASTLE ISLAND. 

Whereas Joseph Buggies & Half Smith, have proposed 
to this Court to supply the Garison & Convicts on Castle 
Island, in the harbour of Boston, with the following- 
Rations, for the term of one year from the first Day of 
April next — viz : 

— the Rations for the Garison to each soldier as fol- 
lows one & a quarter pound of beef, or half a pound of 
beef, & half a [)ound of Poark, one pound of wheat bread 
or flour, one Jill of peas or beans, or vegitables Equevilent 
thereto, & one Quart of Beer, per day ; two Quarts of 
salt two Quarts of Vinegar four pounds of hard soap & 
two pounds of Candles to each hundred Rations, & Rice 
as usual, at the Price oi six pence per Ration. 

— that the Cloathing for the Garison Shall be as fol- 
lows, viz. — one uniform Coat, one waistcoat, one Pair 
of woolen overalls, & one pair of linnen overalls, one 
shirt one hat, & one pair of shoos, per year for each 
Soldier & of as good a quality as have been heretofore 
usually furnished for that purpose at three pounds nine 
shillings. 



244 Kesolves, 1790. — January Session. 

— & that the said Convicts shall be provided with 
Provision & Necessary cloathing in Quantity, & quality, 
equal to the directions of the law, & as heretofore sup- 
plyed by the Commissary General — upon Conditions 
that the said Buggies & Smith have the Exchisive Right, 
& be fully Entitled to the benifit of the labour of said 
convicts, & likewise to have the loan & use of the works 
now occupied & improved for manufactureing nails, on said 
Island, & the Bellows & other Utensils, in their present 
state, & that the said Convicts shall continue under Mar- 
tial Law, & be subject to the Commanding officer of the 
Garison, & be Guarded while at work, & in Quarters 
By the soldiers of the Garison as has been usual Hereto- 
fore — and on the further condition that the Provisions 
aforsaid shall be Delivered at the Market House in 
Boston, to the Quartermaster Sergeant, or to such other 
person as the Commanding officer of the Garison shall 
appoint for that Purpose, in such quantities as the Con- 
tractors aforesaid & the said Commanding Officer shall 
agree on, proper returns to be made by said officer, 
which may serve as Receipts for such provisions. — the 
cloathing & provisions for the Garrison to be paid for 
in six months after the Delivery in Specie, — & that Gov- 
ernment support an overseer of the Convicts as at Pres- 
ent — 

— Resolved that the foregoing Proposals be & they 
hereby are accepted, & that the said Joseph Buggies & 
Ralf Smith, be & they herel)y are Directed to furnish the 
aforsaid articles of provision & Cloathing, & that the said 
Buggies & Smith at the expiration of each six months, lay 
their accounts before his Excellency the Gove [?■] nor and 
Council, with proper Vouchers, for aIlowanc[e], who are 
hereby Requested, to Draw a warrant on the Treasurer 
of this Commonwealth for the sums they shall find due 
agreably to this contract & the Treasurer is hereby Di- 
rected, to borrow money (if necessary) for the payment 
of the same, on the Credit of the first monies that shall 
Come in to the Treasury not then Appropriated — 

& it is further Provided that the said Joseph Buggies 
& Balf Smith shall on or before the first Day of Ap>ril 
Next Give Bonds to the Treasurer of this Commonwealth 
with sufficient sureties to the acccptanc[e] of the Gov- 
ernor & Council in the penal sum of two Thousand 
pounds Wn- tlio faithfull Performance of the several en- 



Resolves, 1790. — January Session. 245 

gagements expressed in this Resolve, & ulso for the Return 
of the tools & works loaned to them in Complyan[c]e with 
the foregoing Resolve, in as good a state as when received 
by them. 

Provided that the Commanding Officer of the Garrison 
shall have a right to command the service of the convicts 
in such employment on the said Island as he shall judge 
necessary for the pul)lic service, not exceeding, at the rate 
of four days for each of the said Convicts in the year. 

March 11, 1791. 

Chapter Itl. 

RESOLVE REQUESTING THE GOVERNOR AND COUNCIL, TO AP- 
POINT AND COMMISSION SOME SUITABLE, DISINTERESTED 
PERSON OR PERSONS, AS SUPERINTENDANT OF ANY PUR- 
CHASE FROM THE NATIVE INDIANS, TO BE MADE BY 
SAMUEL OGDEN, ESQ. 

Whereas an Agreement between this Commonwealth 
and Samuel Ogden Esq. for the Sale and Purchase of 
the Right of Preemption and all other the Claim and 
Right, which this Commonwealth has remaining in the 
Lands and Territories ceded to this Commonwealth by 
the State of Neiv- Yorh, according to a Deed of Cession 
executed by their respective Commissioners on the 16th. 
day of December, A. D. 1786, has been made and con- 
cluded by a Resolve passed on the eighth day of MarcJt 
instant, reference thereto being had, which Right and 
Claim according to the tenor of that Resolve are to l)e 
conveyed to the said Samuel Ogden, on the performance 
on his part of the Terms and Conditions of the said Agree- 
ment — And Whereas in the said Deed of Cession, it is 
provided among other things, that no purchase from the 
native Indians, by any Grantee or Grantees of the said 
Right of Preemption, shall be valid, unless the same shall 
be made in the presence of, and approved by, a Superin- 
tendant to be appointed for such Purpose by the Common- 
wealth of Massachusetts, and having no Interest in such 
Purchase : 

Therefore Resolved, That his Excellency the Governour 
of this Commonwealth for the time being, be and he is 
hereby authorised and requested, by and with the advice 
of Council, to nominate, appoint, and by Commission 
under the seal of this Commonwealth to Authorise, any 
suitable person or persons, having no Interest in the pur- 



216 Resolves, 1790. — January Session. 

chase made, or to l)e made by the said Samuel O'jden of 
the Eight of Preemption aforesaid, to be a supcrintend- 
ant or superintendants, in behalf of this Commonwealth, 
of any Purchase, from the native Indians which shall be 
undertaken or made by the said Samuel Ogden — or any 
person or persons who shall and may claim such Right 
of Preemption under him, or by virtue of the Agreement 
with him made as aforesaid. And the person, or persons, 
who shall be so nominated, appointed, and commissioned, 
as superintendant or superintendants as aforesaid, shall 
and may, in the name and behalf of this Commonwealth, 
but at the sole expence of the said Samued Ogden, or of 
the person or persons, claiming under the said Agree- 
ment, who shall undertake such purchase, be present at, 
and have power thereupon to approve, any purchase 
which shall be made from the said native Indians by 
virtue of the Agreement aforesaid. Provided, that the 
Commission aforesaid shall not be given, or be in force, 
until the said Samuel Ogderi shall j^erform or give Security 
to perform the Terms and Conditions of the agreement 
aforesaid, to the acceptance of the Committee appointed 
by the said Resolve to carry the same into effect. 

March 11, 1791. 



Chapter 173. 

RESOLVE ON THE PETITION OF HEPZIBAH MUNRO, AND OTHERS. 

On the Petetion of Hepzibah Munro, Thaddeus Munro, 
Amos Muzzey Isaac Harrington and Solomon Harrington, 
Representing that the said Solomon was upon the Com- 
plaint of the said Hepzibah Recognized to appear before 
the Supreme Judicial Court to answer for an assault by 
him made on the Body of the said Hepzibah ; on the tenth 
day of Febr. Last that the said Hepzibah was Reconized to 
prosecute her Complaint ; — and that the other above 
named petetioners ware Reconiz'd to appear at the said 
Court as Avitnesses ; that an amicable Settlement Betwen 
the parties taking place, the petetioners, from a Misap- 
prehention of their Duty Did not appear ; and that their 
several Recognizances have Been Declared Forfeit and 
proscess has Issued against them which is now pending 
in the said Court; and praying the said p[o]rosecution 
may be Discontinued. 



Rp:solves, 1790. — January Session. 247 

Resolved that the prayer of the petetion l)e granted and 
that the Attorney General be and he hereby is Directed 
to discontinue the aforesaid process the petetioners paying 
all the Legal Cost that has arisen thereon. 

March 11, 1791. 



Chapter 173. 

RESOLVE RESPECTING THE SECURITY OF THE CANNON AND 
OTHER ORDNANCE, IN VARIOUS PARTS OF THE COMMON- 
WEALTH. 

Resolved that his excellency the Governor be, & he 
is hereby requested immediately to give orders to the 
Quarter Master General to furnish the several artillery 
companies within this Commonwealth with feild peices 
& apparatus compleat, ammunition carts, & such other 
equipments as the Law requires to furnish the said com- 
panies comi)leat for the field. 

And Whereas the public Interest requires that such 
cannon & Avarlike stores as are in a ruinous situation in 
various parts of this Commonwealth should be collected 
& secured to prevent their being destroyed, & rendered 
useless : 

Resolved that his excellency the Governor with the ad- 
vice & consent of Council be & he is hereby requested 
forthwith to take such measures as they shall find neces- 
sary to place the cannon belonging to this Common- 
wealth, now remaining in various parts thereof in such 
a situation as will prevent their 1)eing lost or injured, & 
also to cause the carriages & other apparatus thereof, to- 
gether with the shot & all other ordinance stores belong- 
ing to the said Commonwealth wherever the same may be 
found (such only excepted as are necessary for the use of 
the Garrison on Castle Island) to be transported to some 
secure place or places in the inland part of this Common- 
wealth, & there deposited for the use of the same. 

And it is further Resolved that the Quarter Master 
General be authorised to lay before the Governor & Coun- 
cil his account of expenditures in carrying this resolve 
into execution, Avho are requested to draAV a warrant on 
the Treasury for the payment of the same, & that the first 
monies that come into the Treasury on Tax No. eight, not 
already appropriated, be applied to the payment thereof. 

March 11, 1791. 



248 Resolves, 1790. — January Session. 



Chapter 174. 

RESOLVE ON THE PETITION OF JOHN WAIT, DIRECTING HIM 
TO SERVE JOSEPH TUCKER, WITH A COrY OF THIS PETITION 
AND RESOLVE. 

On the Petition of John Wait praying for a new trial 
in an Action brought against him by Joseph Tucker before 
JosejJi Simpson Esquire one of the Justices of the Peace 
in and for the County of York on the 31st. clay of Jannary 
A D 1788 on which said action judgment was rendered 
by the said Justice on default upon which Judgment Exe- 
cution has since issued. 

Resolved (for reasons set forth in the said Petition) 
that the said John Wait serve the said Joseph Tucker 
with an attested copy of his said Petition and of this Re- 
solve at least thirty Days previous to the second Wedcns- 
day of the next setting of the General Court that he may 
appear on said Day and shew cause if any he has why the 
prayer of the aforesaid Petition should not be granted — 
and the said Execution sliall be stayed in the mean time. 

March 11, 1791. 



Chapter 175. 

RESOLVE ON THE PETITION OF JOSEPH RUSSELL, JUN. AND 
OTHERS REQUESTING HIS EXCELLENCY TO APPOINT ONE OR 
MORE SUITABLE PERSONS, TO ENQUIRE INTO THE PRACTI- 
CABILITY, AND EXPENCE OF CUTTING A CANAL BETWEEN 
BARNSTABLE AND BUZZARD'S BAT. 

On the petition of Joseph Russell Jun. and others pray- 
ing that a Committee may be appointed to enquire into 
the practicability, utility and probable expence of cuting 
a navigable passage across the Isthmus which divides 
Barnstable bay and Buzzard's Bay. 

Resolved That his Excellency the Governor with advice 
of Council be and he hereby is requested to appoint one 
or more suitable persons to enquire into the practicability, 
utility and probable expence of cuting a navigable Canal 
between Barnstable Bay & Buzzard's Bay — and for that 
purpose to survey the Isthmus which divides said Bays, 
and to ascertain the elevation of the ground above low 
water mark, also the usual rise of the tides in each Bay, 
and the mean difference of level at High Water, (if any) 
— also to examine and report the Situation of the Shoals 



Kesolves, 1790. — January Session. 249 

in Buzzard's Bay the depth of Water over them, iiiicl the 
navigability of that Bay. 

And it is further Resolved That his Excellency the Gov- 
ernor with advice of Council l)e empowered and requested 
to draw his Warrent on the Treasurer of this C()mmon- 
wealth for such a sum as shall be sufficient to defray the 
expence of said Survey. March 11, 1791. 



Chapter 176. 

ROLL No. 19. 

The Committee on Accounts, having examined the 
Accounts they now present, Eeport, That there is due to 
ye Towns & Persons hereafter mentioned, the Sums set 
against their Names respectively ; which if allowed, will 
be in full discharge of said Accounts, to the Dates therein 
mentioned. 

JOSEPH HOSMEE per Order. 

No. 1. To Samuel Gore, for framing and varnishing 

Maps, in 1787, for the use of the General Court, and £. s. d. 
that was given in in season ; for enquiry, . . .250 

No. 2. To James White, Stationer, for sundries of Sta- 
tionary delivered for the use of the Treasury Office, 
and the General Court, to ye 16th of Septr. 1790, . . 21 9 11 

No. 3. To Prince Patterson, for Nursing James Moor- 
wood in 1789, a State Pauper, & certified by the Select- 
men of Boston, July 28th, 1790, 4 10 

No. 4. To Supply Glapp, for taking care of Charloitee 
Brewer, another of the poor of the Commonwealth, in 
Augtist 1790, 3 18 2 

No. 5. To Robert Little, for supporting Archibald 
McUullen, a State Pauper, from the 1st of April, 1789, 
to the middle of Septr. 1790, 22 8 

No. 6. To Michael Bacon, for an allowance made him 
for carrying an Express to General Washington in 
(Mr. 1789, by Order of ye Governour, . . . .14 

No. 7. To Jonathan Hastings's Account, for the Postage 
of public Letters, from June 15th 1790, to Febij. 10th, 



1791, 



.3 5 6J 



No. 8. To Doctr. William WhitingsBiW, for Medicines & 
Attendance upon Htcgo Burghardt, who Avas wounded 
in ye Action at Sheffield, & which was seasonably pre- 
sented but needed further Evidence, which is now pro- 
duced, 5 10 

No. 9. To Henry Sewall, Deputy Adjutant (4eneral of ye 
eighth Division of Militia, to Octr. 15th, 1790, for his 
ScrvicGS . • • • • • • • * . z 'J ^ 

No. 10. To William Jefferds, Brigade Major, in the 
County of York, for his services from June 1789 to 
Octr. 1790, 8 10 



250 Resolves, 1790. — January Session. 

No. 11. To Timothy Jackson, Brigade INIajor of ye .Sd 
Division, foi- his Services from the 24th of Fcby. 1790, £. .s. d. 
to the 24th of J^-m?/. 1791, 6 

No. 12. To Jabez Uj)ham, for doing the Duty of a Bi-igade 
Major, certified by Brigadier General Newhall, to Octr. 
14th, 1789, 1 10 

No. 13. To William Sever, Brigade Major, for his Ser- 
vices, from May 17th, 1790, to Jany. 8th, 1791, certified 
in the usual manner, 9 4 

No. 14. To James Scammon, Deputy Adjutant General, 
for his Services from July 1st, 1789, to Septr. 28th, 
1790 820 

No. 15. To Lazarus Goodwin, Brigade Major, for his 
Sei'vices, from May, 1789, to January, 1791, certified by 
General Lithgow, 16160 

No. 16. To Seth Banister, Deputy Adjutant General for 
his Services from A2Jril 18th, 1790 to Jany. 1791, certi- 
fied in the usual manner, 12 16 

No. 17. To Joseph Williams, D. A. General, for his Ser- 
vices from Feby. 26th, 1790, to Ja7iy. 26th, 1791, certi- 
fied by General Shejihard, 13 7 6 

No. 18. To Edivard Sto7ie, for Painting at the Castle, 
alloAved by a former Committee on Accounts, but not 
paid, in two Orders upon Treasurer Ivers, . . . 6 16 

No. 19. To Norton Brails ford'' s Account as a Glazier, 
from May 10th, 1790, to Jany. 13th, 1791, for work 
done for the Commonwealth, 1.5 10 8 

No. 20. To Joseph Laughton, first Clerk in ye Treasury 
Office, for his services from June 30th, 1790 to 5th of 
March 1791, 106 10 

No. 21. To the Honble. Azor Orne, for his Account, for 
his Services as one of a Committee that was appointed 
to take up the matter of the Fisheries in the Recess of 
the General Court in Octr. 1790, 1 19 

No. 22. To the Honble. Feleg Coffin, for the same Ser- 
vices, with Travel from Nantucket, . . . . 7 18 1 

No. 23. To Thomas Davis Esqr., another of that Com- 
mittee, for his Bill, 5 2 9 

No. 24. To William Pearson, another of the Committee, 
for his Services, 3 

No. 25. To William Donnison Esqr., Adjutant General, 
for his Services and Expences, oflice, &c., from Jany. 
1st, 1790, to Ja?iuary 1st, 1791 120 

No. 26. To John Austin, for his care of the Magizine at 
Cambridge, from the first of Ja7iy. 1790, to ye first of 
Feby. 1791, 6 10 

No. 27. To Lemuel Kollock Esqr., for his Account of 
Charges, for procuring, and fixing a Monument upon 
the important Bounds in the Town of Wrentham, by 
order of Government, 21 2 6 

No. 28. To Roger Storrs, for printing for the Common- 
wealth, from July 22d, 1790, to ye 2d of SejUr. follow- 
ing, 5 19 

No. 29. To Edes & Son, for Printing to Octr. 4th, 1790, 12 

No. 30. To the same Persons for Printing for the Treas- 
urers office in Feby. 1791, 2 10 

No 31. To James Eldridge, an allowance omitted in the 

Account reported in Roll No. 16, 12 



Kesolves, 1790. — January Session. 251 

No. 32. To the Town of Taunton, as an allowance of 
their Account where we coia'd allow, for taking care 
of the Poor of ye Commonwealth at Taunton to Feby. £. s. d. 
2d, 1791, . 14 U 

No 33. To John Adams Junr., for dispersing particular 
Acts & Kesolves, &c., by order of Government, with 
Horse & Expences, 1 16 

No. 34. To Thomas C. Gushing for Printing for the 

Commonwealth from Feby. 24th, 1789 to Deer. 4th, 1790, 3 13 

No. 35. To William Crafts, for his Account for work 
done at the Treasurer's House, and certified by Coll. 
Dawsc, , • ^ '^ '* 

No. 36. To the Town of Uxbridge, as an allowance for 
ye board of Betty Tnjfle, a State Pauper, by order of 
Goverment, for a charge omitted in a former Account, 
and now taken up by the Committee on Accounts, . 13 7 

No. 37. To the Town of Warwick, for the Board of 
Philip Boyle's, wife, & four small Children, from the 
13th of Jany. 1790 to the 20th of Jany. 1791, with 
Doctrs. Bill, • 

No. 38. To Benjn. Smith, Sheriff of the County of Dukes 
County for services performed by order of Govern- 
ment, in 1790, & 1791, agreable to a Resolve of Jime 
18th 1790, relative to returning Votes &c. . . .51 

No. 39. To the Town of Edgnrtoivn, for the support of 
Pat Sarvash, and her two Children, poor of ye Com- 
monwealth, from ye 6th of May, 1790, to ye first of 



4 



Feby. 1791, 



11 18 2 



No. 40. To the Widow Lydia Upham, for the board of 
Philadelphia Breed to the first of March 1790, one of 
the Poor of Charlestoivn, omitted in ye last Account, 
& it appearing to be ye case, 4 6 4 

No. 41. To the Town of Bedford, for Boarding, Nursing, 
& Buryino-, James Thompsoti, one of the Poor of the 
Commonwealth, to Jprt7 26th, 1790, . . . . 2 11 

No. 42. To the Town of Acton, for cleanning, & repair- 
ing Fire- Arms belonging to the Commonwealth, which 
were returned to ye Commissary, 4 18 

No. 43. To the Town of Chelsea, for supporting John 
Ooodivin & Family, ye poor of the State, from Novr. 
1789, to Feby. 14, 1791, 22 5 

No. 44. To the Town of Dedham, for supporting John 
Sheffence, one of the State's poor, from July 3d, 1788 
to July 3d 1790 ; and also to Jany. 1st, 1791, on account 
of John Titterton for supplies, also a State Pauper, . 26 6 

No. 45. To the Town of Needha^n, for supporting 
Abigail Timson, wife of Charles Timson, one of the 
State's Poor, from Feby. 22d, 1790, to March 1st, 1791, 
with her four Children, 25 7 11 

No 46. To John Brcioer, for Storage, & taking care of 
Goods, the property of the Commomvealth, to the 23d 
of Jany. 1790, 6 10 

No. 47. To the estate of Joseph Otis, for the Board of 
Ltike Day, a State Prisoner, offer'd in season but not 
allowed till now for want of Evidence, . . . 4 14 6 

No. 48. To the Town of Attleborough, for the support 
of William Wilson, to ye 15th of March 1790, a pauper 
of this State, with ye charge of his funeral, . . . 7 17 6 



252 Resolves, 1790. — January Session. 

No. 49. To the same Town, for the support of John 
Jane, a State Poor, from the 12th of Jany. 1790, to the £. s. d. 
12th of Jany. 1791, 14 6 

No. 60. To the Town of Pembroke, for taking care of a 
Woman unknown, in Now. last, & providing a Collin 
for James Brand, a State Pauper, 3 

No. 51. To Ezra W. Weld for printing for Government, 

from June 30th, 1790, to Septr. 1st following, . .700 

No. 52. To the same Person for the same service, viz :, 

printing, from Scptr. 1790, to Deer. 8th following, . 2 9 (i 

No. 53. To Job Turner, for his Trouble, & Expence, in 
removing Convicts to the Castle from Plimoiilli Goal 
in Deer. 1790, 805 

No. 54 To the Town of Williamsioion, on account of 
Rachel Galusha, a State Pauper, from the 3d of Jajiy. 
1790, to the 3d of Ja?^^/. 1791, 20 6 

No. 56. The Town of Mendon, James Thompson, a State 
Pauper, who was supported from the first of Ja7iy. 
1790, to the first of Jarey. 1791, 18 12 6 

No. 56. The Town of Dartmouth, for the Board of 
Daniel McCoiven, Rachel Cesar, & Patience Joel, State 
Poor, from May 24th, 1790, to Jany. 24th, 1791, . . 21 

No. 67. To Samtiel Brooks, for Boarding & Nursing 
Isaac Austin, & Family, transient Persons who were 
taken Sick, & who were State Paupers, . . . .280 

No 58. To the Town of Westfield, for keeping William 
Davis, a State Pauper, from July 1789, to the 7th of 
Jany. 1791, 12 19 

No. 59. To the Town of Lincoln, on account of William 
Orr, a State Pauper, from ye 7th of April, 1789, to ye 
7th of Ocir. 1790, 13 14 4 

No. 60. To the Town of Mendon, for supplies for Johii 
Hunt, & Family, State Poor, from the 21st of January 
1790, to ye 21st of January 1791, 3 12 

No. 61. To the Town of Medjield, on account of John 
Turner & Wife, State Poor, from Feby. 27th, 1790, to 
Feby. 27th, 1791 3 110 

No. 62. To ye Town of Westborough, for Boarding 
John Scuddemore, from the 1st of Jany. 1790, to Jany. 
1st 1791, a State Pauper 13 18 

No. 63. To the Town of Concord, for supplying Willia^n 
Shaw, one of the Poor of the Commonwealth, from 
June 20th, 1790, to Feby. 24th, 1791, . . . . 5 16 6 

No. 64. To Joseph Blake's Account, tor work done at 
the Treasurers House, by him as a Mason, & certified 
by Coll. Daiose, in August 1790 3 9 9 

No. 65. To the Town of Franklin, for supj^lies for Alex- 
ander Reed, a State Pauper, from May 15th 1789 to 
Feby. 12th, 1791, 22 16 4 

No. 60. To the Town of New Brai7itree, for Board, & 
Nursing, Thomas Lewis, a Negro Man, and a State 
Poor, with the Charge of Burial in December, & Janu- 
ary last, . . . .516 

No. 67. To the Town of Hanover, on account of Jolm 
Sterlvig, a State Paui:)er, from April 1790, to Jam/. 
24th, 1791, '. 15 2 



Resolves, 1790. — Januakt Session. 253 

No. 68. To the Town of Boxborough, on account of 

Jolm Kennedy & Wife, State Poor, from June 19th, £. s. d. 
1790, to Feby. 5th, 1791, U 14 

No. G9. To Elizth. Popkin, for Work done, & Articles 
furnish'd, from May 29th, 1789, to Ja7iy. 1791 ; certified 
by Mr. Jacob Kuhn, 3 7 8 

No. 70. To the Town of Brookfield, for Boarding Mat- 
theiu Cross, from the first of Aj^ril 1789 to the lOth of 
Ja7iy. 1790 10 3 9 

No. 71. To the ToAvn of Medway, for supporting Elizth. 
Taylor, & her two Daughters, State Poor, from the 
24th of May 1790, to the 28th of Novr. 1790, . . 7 IG 9 

No. 72. To the Town of Maiden, for Boarding two aged 
Persons, John Martin & Wife, State Poor, from Feby. 
14th 1790, to Feby. 14th, 1791, 27 9 2 

No. 73. To the Town of Plimouth, on account of 
Jonathan Bill, & Family, State Poor, from Ja7iy. 6th, 
1790, to Ja?My. 27th, 1791, 13 10 2 

No 74. To the Town of Blandford, on account of 
Michael Owen, and Mariana Ward, State Poor, in 1789, 
other Charges outlawed ; allowance chiefly on account 
of Mariana Ward, and her Children, . . . . 1 16 

No. 75. To Doctr. Isaac Morrills Bill, on account of 
Jacob Backus, an orphan Indian at Natick, in April 
1790 1 14 

No. 76. To the Town of Salem, for supporting a large 
number of the Poor of the Commonwealth, with charge 
of Burials, together with Doctr. Holyokes Acct : ; from 
Jany. 1st, 1790, to Jany. 1st, 1791, 380 8 2 

No. 77. To the Towni of Olocester, on account of several 
Pei-sons, in different Bills, being State Poor, to January 
1791, 49 2 

No. 78. To Doctr. Wm. Coffin's Bills, for Medicines, & 

Attendance, for the same Persons, & for the same time, 23 14 9 

No. 79. To the Town of Ipstvich, on account of Peter 
IjOW, & Others, Poor of the Commonwealth, for Sup- 
plies, from Jany. 1st, 1790, to Jajty. 1st, 1791, . . 33 4 10 

No. 80. To the Town of Topsjield, on account of one 
JosMia Oohagcn, a State Poor, including all Bills, from 
the 15th of June 1790, to ye 15th of Feby. 1791, . . 15 11 6 

No. 81. To Thomas Vose, for Board, & Doctrs Bills, on 
account of John Melhorn, from the 13th of Feby. 1790, 
to May 9th, 1790, 17 16 8 

No. 82. To the Town of Greenfield, towards the Support 
of John Battiss, a State Poor, from Febij. 1st 1789, to 
March 17th, 1790, 12 12 10 

No. 83. To the Town of Newton, for taking care of 
Sarah George, an Indian, & a State Poor, with Doctrs. 
Bill, for Eleven Weeks, 7 2 6 

No. 84. To the Town of Ilopkinton, for providing for 
Anna Fanning, a State Poor, to Jany. 1st, 1791, with 

Nursing 418 

No. 85. To Jesse Wheeler, for Himself, & Others, 
belonging to Captn. Jones's Company of Militia, who 
guarded the Goal at Concord, & agreeable to a Roll 
l)resented are entitled to certain Sums mentioned 
therein, and taken up by order of both Houses, . 8 15 11 J 



254 Eesolves, 1790. — January Session. 

No. 86. To the Town of Washington, on account of 
Joh7i Linnion, one of the Poor of the Commonwealth, 
for Board, Nursing, & Doctrs. Bills, to March loth, £. s. d. 
1790, taken up by order of both Houses, . . . 13 1 3 

No. 87. To the Town of Dractit, on account of John 
Hancock, & Wife, from the time of ye last allowance, 
to the first of llarch 1791, with the Doctrs. Bill ; State 
Poor, included in several Bills, 21 6 6 

No. 88. To the Town of Rochester, for supporting Mary 
Sassaman, one of the State Poor, from Jany. 11th, 1790, 
to January 11th, 1791, . . . . ' . . . 11 14 

No. 89. To the Town of Concord, on account of John 
Case, with ye charge of his Burial, who was taken Sick 
in Jany. 1789, a State Poor, 10 2 3 

No, 90. To Oliver Watson, for Boarding Robert Oiffen, 
a State Poor, from ye 15th of Jany. 1790, to ye 15th of 
Jany. 1791, G 16 3 

No. 91. To the Town of Chesterfield for Boarding Feggy 

Burton, a State Poor, to the first of Jime, 1790, . . IG 10 

No. 92. To the Town of Southwick, for Boarding Oeorge 
Read, a State Poor, from Novr. 10th, 1789, to Jany. 
12th, 1791, 15 8 

No. 93. To the Town of Shrewsbury, on account of the 
Family of George Philmore, from March 1st, 1789, to 
March 1st, 1791, State Poor, 20 1 10 

No. 94. To the Town of Norton, for the supjjort of 
Joseph Pratt, a State Pauper, from ye 20th of Feby. 

1789, to ye 31st of Jany. 1791 23 7 7 

No. 95. To the Town of Sudbury, to the support of 

Philiji Bailey, another of the State Poor, from ye 21st 

of August 1790, to ye 23d of Octr. following, . . 7 13 

No. 96. To the Town of Norton, on account of James 
Coleman, another of the State Poor, from the 12th 
of April 1789 to ye Novr. following, on to Jany. 17th 
1791, 13 11 6 

No. 97. To the Town of Reading, for the Board of 
Joseph Perroo, a State Pauper, from the 1st of Fehy. 

1790, to ye 1st of Feby. 1791, 15 12 3 

No. 98. To the Town of Framingham, on account of 

Polly Saunders, a State Poor, from ye 1st of Feby. 

1790 to Feby. 1791, 2 8 

No. 99. To the Town of Hopkinton, for the support of 
Patience Bandily, another of the State Poor, from ye 
1st of Feby. 1789 to the first of Feby. 1791, . . ' . 15 12 

No. 100. To the Town of Richmond, for the Board of 
Densa Tooley, from the first of Ja7iy. 1790, to the first 
of Jany. 1791, another State Poor, 7 5 

No. 101. To the Town of Nalick, on account of Jacob 
Baccus, an Indian, Board, Nursing, Burial, &c., from 
4th of Novr. 1788, to ye 7th of May 1790, . . . 8 IG 

No. 102. To the Town of Andover, for the Board of 
Robert Halls Wife, and Cliild, State Poor, including 
nursing and extra charges of sickness from the 8th of 
ilfarc/i, 1790, to ye 26th of Jany. 1791, . . . . 2G 11 

No. 103. To Doctr. Abiel Pearsons Bill, on account of 

ye same Persons, . . . . . . . . 4 18 



Resolves, 1790. — January Sessioi^. 255 

No. 104. To the Town of Andover, for the svipport of 

Margaret Pbmket a State Poor, from March 1st 1789 £. s. d. 
to March 1st 1790, 7 10 

No. 105. To the Town of Andover, for supporting John 
Delap, another State Poor, from March 1st, 1789, to 
March 1st, 1790, 13 

No. 106. To Samiiel Oookins, for his charge in taking- 
care of William Thtirston a State Poor, with the Docti's. 
Bill, from the 18th of March 1790 to his Decease, . 8 IG 10 

No. 107. To the Town of Hanover, for suj^porting John 
Sterling, another State Poor, from the 11th of Jany. 
1790, 7 Weeks, 3 10 

No. 108. To the Town of Dartmouth, on account of 
Stephen Toman, a State Poor, with Doctrs. Bill, & 
charge of Burial, 1146 

No. 109. To the Town of New Bedford, to Boarding 
Ebenezer Shott, a State Poor, 40 Weeks, from ye 2d 
of April, 1790, 6 

No. 110. To the Town of Colraine, for the support of 
Joh7i Stewart and Wife, State Poor, from Deer. 31, 
1789, toZ)eceTO6er 31, 1790, 26 4 

No. 111. To Doctr. Boss''s Bill, on account of the said 
Joh7i Steivart, ..0194 

No. 112. To the Town of Colraine, for boarding Daniel 
McDugal, a State Poor, from Deer. 31st, 1789 to Deer. 
31st, 1790, 10 8 

No. 113. To Daniel Munroe, for the Support of Johji 
Anthony, from March 10th, 1790, to April 1st following, 
a State Pauper, 17 

No. 114. To Samuel Brown, for Boarding, & Nursing, 
William Proctor, a State Poor, from Sejitr. 22d, 1790, 
to the 14th of December, 4 14 8 

No. 115. [2b] Thomas Brastoto, Deputy Shei-iff, for his 
Sei'vices for Government, and committed to ye Com- 
mittee on Accounts, 3 4 2 

No. 116. To Samuel Copp), for Boarding Sally Davis, 
one of ye State Poor, from the first of January, 1790 
to the first of t/fl,?*?/. 1791, 15 10 

No. 117. To Samuel M. Thayer, Brigade Major, for his 
Services, from Ajyril, 1790, to Jany. 1791, in the 1st 
Brigade of Militia, 10 9 

No. 118. To Coll. John S. Tyler, Deputy Adjutant Gen- 
eral, for his Services, from June 20th, 1790, to Novr. 
following, and again to Fehy. 12th, 1791, . . . 12 16 8 

No. 119. To Simon Lamed, D. A. General, in the 9th 
Division, for his Services, from ye 10th of April, 1790, 
to the September following, 5 2 

No. 120. To Benjamin Warren, Brigade Major, in ye 1st 
Brigade, 5th Division, for his Services, from April, 
1789, to Octr. 22d, 1790, 112 

No. 121. To the Town of Worcester, on account of 
Anthony Heard, a State Pauj^er, to Jany. 1791, including 
Board, Doctrs. Bills, & charge of Burial, . . .13 19 9 

No. 122. To Doctr. Marshal Spring, on account of Fran- 
ces, an Indian Woman, in May, 1790, a State Pauper, 18 9 

No. 123. To the same Gentleman, on account of John 
Millhorn, another State Pauper, in May & June 1790, . 1119 



256 Resolves, 1790. — January Session. 

No. 124. To the Town of Chelmsford, for Boarding 

Thomas Orant, a State Poor, from the 17th of Now. £. s. d. 
1790, to Feby. 17th, 1791, G 10 3 

No. 125. To Josiah CvMer, for Nursing a Child, one of 
ye Poor of ye Commonwealth, from ye 1st of Sexttr. 
1790, to ye 28th of Feby. 1791, 3 17 2 

No. 126. To Edward E. Powers, for printing for ye 
Commonwealth, to Deer. 6th, 1790, taken up by order 
of both Houses, o 14 10 

No. 127. To James White, for Stationary, for the Com- 
monwealth, from Oc^r. 1790, to ilfarcA, 1791, . . 13 19 2 

No. 128. To Gilbert Bench, for his Account of Charge 
in transporting Cannon &c. in consequence of a Re- 
solve of June 15th, 1781 ; taken up by order of both 
Houses, not being before settled, 39 11 10 

No. 129. To the Town of Douglass, for sujjporting Mary 
Thomjyson, one of the State Poor, from the 20th of 
Novr. to ye 7th of Deer. 1790 2 

No. 130. To the Town of Abbington, for supporting 
John Steel, a State Pauper, from Jany. 4th, 1790, to 
ye 25th of Jany. 1791, 10 1 1 

No. 131. To Doctr. Richard Briggs^s Bill for the same 
Person, to Feby. 1791, 3 7 9 

No. 132. To the Town of Abbington, on account of 
Major Humble, for Supplies fi'om Jany. 22d, 1790, to 
Oclr. 1790, 3 15 6 

No. 133. To Constant Freeman Junrs. Account, for ser- 
vices in the Treasiuy office, as an allowance made by 
Government, 16 12 

No. 134. To Saml. Colesworlhy Junr., his whole Account 

in the same office to 10th March, 1791, . . . . 98 

No. 135. To Samuel Foster, another Clerk in ye same 

office, & to ye same time, 98 

No. 136. To James Foster Junr., another Clerk, and to 
ye same time, 98 

No. 137. To Jonathan Qoddard, another Clerk in the 

same office, & ye same time, 98 

No. 138. To Onesiphorus Tilestone, another Clerk, & to 
ye 10th of March, 1791, 98 

No. 139. To Nathl. Foster, another Clerk, in ye same 
office, for 101 Days, and the allowance made him & 
the other Clerks, by a Resolve of March 9th instant, . 51 9 

No. 140. To Samuel Sewall Esqr., for liis Journies, & 
Attendance, and extraordinary Writings, empowered 
by a Resolve of March 5th, 1790, in ye affivir of Mess's 
Gorham & Phelps, 12 12 

No. 141. To Mary Blaney, of Salem, for Boarding, & 
Nursing, Daniel Allerton, with other Expences, for 20 
Weeks, in 1790, a State Pauper, 12 

No. 142. To the Town of Boothbay, on account of Elias 
Skidmore, a State Poor, an extraordinary case, & in- 
cluding all charges, to the 28th of June 1790, . . 40 5 8 

2575 11 
N. B. The Sum of £39, lis, lOd, allowed to Gilbert 
Dench to be allowed by the Treasurer out of any Sum 
that may [6e] due from him to the CommouAvealth, as 
one of ye Committee for removing wai'like Stoi'es, 



Resolves, 1790. — January Session. 257 

No. 143. To the Town of Bosto7i, from March 1st, 1789 

to Septr. 1, 1789, for the support of the Poor of ye £. s. d. 
Commonwealth, including all charges, . . . 976 5 0^ 

No. 144. To the Heirs of the late Samuel Partridge, for 
his allowance as Keeper of the Aims-House, for ye 
same term, . . . 75 5 11 

No. 145. To ye Town of Boston for ye Poor of ye Com- 
monwealth, from Septr. 1st 1789 to March 1st, 1790, . 969 18 

No. 146. To the Heirs of Samuel Partridge as Keeper 

of the Aims-House, for the same term, . . . . 69 8 6 

No. 147. To the Town of Boston, for the Poor of ye 
Commonwealth in the Aims-House, from March 1st, 
1790 to Septr. 1st, 1790, 873 6^ 

No 148. To Samuel Whitwell, present Keeper of the 

Aims-House, for his allowance for the same term, . 62 10 1 

No. 149. To the Town of Boston, for keeping the Poor 
of the Commonwealth in the Aims-House, from Septr. 
1st, 1790, to March 1st, 1791, including Board, and all 
Necessaries, 783 17 5| 

No. 150. To Samuel Whitwell, Keeper of the Aims- 
House, for his allowance for the same term, . . . 51 18 5 

Sum total, £6437 4 9| 

Read & accepted & thereupon 

Resolved, That his Excellency the Governour, with the 
advice of Council, be, and he hereby is requested to Issue 
his Warrant on the Treasury for the payment of the sev- 
eral Persons & Towns borne on this Roll, the Sums set 
against such persons & Towns respectively amounting in 
the whole to the sum of 8ix thousand four hundred & 
thirty seven pounds four shillings & nine pence three 
farthings. 

And it is further Resolved That the Treasurer be and he 
hereby is directed to pay the same out of the first monies 
that may come into the Treasury not already appropriated 
— except the Sum allowed to Gilbert Denech which the 
Treasurer is directed to discount with said Dench on 
account of a Balance due to the Commonwealth from 
Gilbert Dench & others, a Committe appointed in 1781 
to transport military Stores. March 11, 1791. 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS. 

PASSED BY THE GENERAL COURT: 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 

SUFFOLK, ON WEDNESDAY THE TWENTY-FIFTH 

DAY OF MAY, ANNO DOMINI, 1791. 



BOSTON: 

Printed by Adams & Nourse, 

Printers to the HONORABLE COURT. 

M,DCC,XCI. 



Reprinted by Wright & Poiter Printing Company, State Printers. 
1895. 



ACTS AND LAWS, 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS: 
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-FIFTH DAY 
OF MAY, ANNO DOMINI, 1791. 



1791. — Chapter 1. 

[May Session, ch. 1.] 

AN ACT FOR ESTABLISHING THE BOUNDARY LINE BETWEEN 
THE TOWNS OF BROOKFIELD & NEW-BRAINTREE IN THE 
COUNTY OF WORCESTER. 

Be it enacted hy the Senate & House of Rejyresentatives 
in General Court assembled & hy the authority of the 
same, that about forty three acres of land belonging to Lands annexed 
George JSfye, lying near the dwelling-house of Major an(?New^*^'^' 
James Woods, which, previous to the passing of this Act, B''*'"*''^®- 
belonged to the town of Broohfield, be and the same is 
hereby annexed to the town oi New-Braintree ; and that 
the farm and estate of Francis Stone containing about 
fourteen acres, heretofore belonging to said town of JSfeiv 
Braintree, be and the same is hereby annexed to said 
town of Brookfield. 

And he it further enacted by the authority aforesaid, 
that the dividing line between the said towns shall here- Boundaries. 
after run as followeth, to vnt, beginning on the westerly 
side of the road at the southeasterly corner of Joseph 
Barnes''s land, thence running northeasterly to the north 
west corner of Samuel Harrington''s land, standing on the 
original north line of the town of Brookfield, — and that 
all lands lying on the northwesterly side of said line, here- 
tofore belonging to the town of Brookfield be and they 
hereby are annexed to the town of Neio Braintree ; and 
all the lands lying on the southeasterly side of said line, 
heretofore belonging to the town of JSFeiv Braintree, be 
and they are hereby annexed to the town of Brookfield. 

Provided nevertheless, that this Act shall not be con- Proviso. 
sidered to afiect the collecting of taxes now assessed or 
granted within the said towns, but the same shall be 
demanded and collected in the same manner as though 
this Act had never passed, June 10, 1791, 



262 Acts, 1791. — Chapters 2, 3, 4. 

1791. — Chapter 2, 

[May Session, ch. 2.] 

AN ACT TO SET OFF JOHN LADD FROM THE FIRST TO THE 
SECOND PARISH IN METHVEN. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled & by the authority of the 
John Ladd Same, that John Ladd of Methuen in the County of Essex, 
*^' ° ■ be and he hereby is set oft" from the first parish in said 

Methuen together with all his estate both real & personal 
and annexed to the second parish in Methuen, there to do 
duty and receive privileges in the aforesaid second parish 
m Methuen. June 10, 1791. 

1791. — Chapter 3. 

[May Session, ch. 3.] 

AN ACT FOR THE PRESERVATION AND ENCOURAGEMENT OF 
THE FURR TRADE WITHIN THIS COMMONWEALTH. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
Time limited & (Jiq same, that iio pci'sou or persons shall hereafter, in 
of offence. either of the months of June, Jidy, August or September, 
take or wilfully kill any Otter, Beaver, Minks, Sable or 
Martin, Fisher, or Black Cat, Leusifee, Musquash or 
Wolverin, on pain of forfeiting and paying a sum not less 
than twenty shillings nor more than three pounds, to and 
for the use and benefit of the person or persons who shall 
or may sue or prosecute for the same, together wi[ll] \t]i ] 
full costs of suit, to be recovered l)y action of debt in any 
Court of this Commonwealth competent to try the same. 
Provided that all prosecutions or suits for any breaches 
of this law, shall be commenced within two years from the 
time when the oflence was committed, & not otherwise. 

June 10, 1791. 

1791. -Chapter 4. 

[May Session, ch. 4.] 

AN ACT, ALTERING THE PLACE OF HOLDING THE COURTS OF 
GENERAL SESSIONS OF THE PEACE & OF COMMON PLEAS IN 
& FOR THE COUNTY OF CUMBERLAND, NOW BY LAW TO BE 
HOLDEN AT PORTLAND IN THAT COUNTY' IN THE MONTH 
OF JANUARY ANNUALLY. 

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



Acts, 1791. — Chaptek 5. 263 

the same, that the Courts of General Sessions of the peace piace for hold- 
& of Common pleas, which are now by law to be holden L'lfePed!'^'^ 
at Portland in & for the County of Cumberland on the 
first Tuesday of Januart/, annually, shall be holden in the 
town of JSTeiv Gloucester in said County, on the same first 
Tuesday of January annually, any Law to the contrary 
notwithstandino;. June 11, 1791. 



1791. — Chapter 5. 

[May Session, ch. 5.] 

AN ACT FOR ALTERING THE TIME OF HOLDING THE COURT OF 
GENERAL SESSIONS OF THE PEACE, AND THE COURT OF COM- 
MON PLEAS, WITHIN & FOR THE COUNTY OF PLIMOUTH, 
FROM THE LAST TUESDAY OF JULY TO THE SECOND TUES- 
DAY OF AUGUST. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled & by the authority of 
the same, that the Act, entitled " An Act for determining Act repealed. 
at what times and })laces the several Courts of General 
sessions of the Peace, & the Courts of Common Pleas 
shall be holden within and for the several Counties within 
this Commonwealth, & for repealing all laws heretofore 
made for that purpose " so far as it respects the holding 
of the Court of General Sessions of the Peace, and the 
Court of Common Pleas, within and for the County of 
Plimouth, on the last Tuesday of July be and it is hereby 
repealed. 

And be it further enacted by the authority aforesaid, that jy/^^/^j^^a"'^' 
from and after the passing of this Act, the time of hold- mured. 
ing the Court of General Sessions of the Peace, & Court 
of Common Pleas, within and for the County of Plimouth 
shall be on the second Tuesday of August annually. 

And be it further enacted by the authority aforesaid, 
that all appeals already made, recognizances taken, or ah raatters 
that may before the aforesaid last Tuesday of July next, held vafid°and 
be made or taken to the aforesaid Court of General ''^^"'°''^'«- 
Sessions of the Peace, and all actions already commenced, 
or that may be commenced, and all processes returned, 
or that may ])e returnable, before the aforesaid last Tues- 
day of July, and all appeals claimed, or which may be 
claimed, & all actions pending at the aforesaid Court of 
Common Pleas, which before the passing of this Act was 
to be holden on the hist Tuesday of July, shall be return- 
able to entered, made, proceeded on, tried and determined, 



264 



Acts, 1791. — Chapters 6, 7. 



agreeably to the true intent of such writ, process, recog- 
nizance or appeal, at the Courts hereafter to be holden in 
said County on the second Tuesday of August. 

June 15, 1791. 



Julius AlllB 
Bet off. 



1791. — Chapter 6. 

[May Session, ch. 6.] 

AN ACT TO SET OFF JULIUS ALUS, FROM THE TOWN OF DEER- 
FIELD IN THE COUNTY OF HAMPSHIRE & TO ANNEX HIM TO 
THE TOWN OF CONWAT. 

Be it enacted by the Senate & House of Representatives 
in General Court Assembled & by the authority of the 
same, that the abovesaid Julius Allis with his family & 
the land he lives on, being about Seventy one acres, 
described as follows, beginning at the South West Corner 
of said Deerfield, thence running North twelve Degrees 
& an half East, one hundred & twenty six rods, thence 
East two Degrees & an half North Sixty rods, thence 
South twelve degrees & an half West nineteen rods & an 
half, thence East two degrees & an half North forty rods, 
thence South twelve Degrees & an half West one hun- 
dred six rods & an half to the abovesaid South West 
corner of Deerfield, be & hereby are set off from the said 
town of Deerfield & annexed to the said town of Con- 
way & shall forever hereafter be considered as belonging 
thereto ; 

Provided, nevertheless that the said Julius Allis shall 
pay his proportionable part of all the taxes which are 
already assessed or levied on the said town oi Deerfield in 
like manner as tho' this Act had not passed. 

June 17, 1791. 



1791. — Chapter 7. 

[May Session, ch. 7.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF OPENING A CANAL, FROM THE HEAD OF NEW 
MEADOW RIVER TO MERRY MEETING BAY. 

WJiereas great advantages may arise to the toivns ivest 
of New Meadow River & to the jmblic in general by 
opening a Canal from the head of the same river to Merry 
Meeting Bay. — 



Acts, 1791. — Chapter 7. 265 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assetnbled d by the 
authority of the same, that Isaac Snow, Nathaniel Larra- PereoD^B mcor- 
bee and Benjatnin Dunning Esquires, Messieurs John 
Peterson, Phillip Higgins, Benjamin Ham, Nathaniel 
Sprague, John Dunlap & Samuel Grose so long ^ as 
they shall continue to be proprietors in the Corporation 
hereafter mentioned, together with all those who are and 
those who shall l)ecome proprietors thereof, shall be a 
Corporation and body politic, for the purpose of opening 
and keeping open a Canal from the head of Neiv Meadoiv 
River to Merry Meeting Bay, under the name of the 
proprietors of the New Meadow Canal, and by that name, 
may sue and prosecute and be sued and prosecuted to 
final judgment and execution, and do and suffer all other 
matters & things which bodies politic may or ought to 
do and suffer; and that the said Corporation shall and 
may have full power & authority to make have and use a 
common Seal and the same to l)reak and renew at pleasure. 
And be it further Enacted by the authority aforesaid, 
that if it shall so happen that any individual or body D*™«|l.*°y 
corporate shall be damaged in his or their lands or marsh whora^recom- 
adjoining said Canal, by cutting and keeping open said ^'"'^ * 
Canal, the damage so done shall be recompensed by the 
proprietors thereof, in such sums or proportions as shall 
be ordered by the Court of General Sessions of the Peace 
in the County of Cumberland, upon enquiring into the 
same by a Jury summoned for that purpose, at the 
expence of the proprietors of the aforesaid Canal, if any 
damage shall be assessed by the said Jury. 

And be it firther enacted by the authority aforesaid, 
that Isaac Snow Esqr. be and he hereby is impowered & \Z"..ll\o''""' 
directed to issue his warrant to one of the proprietors isBue warrant, 
aforesaid, requiring him to notify a meeting of the pro- 
prietors in manner "as the law directs ; and the proprietors 
at said meeting shall choose a Clerk (who shall be duly 
sworn to the faithful discharge of his office) & all other 
needful Officers for managing the business of the said pro- 
prietors which they shall have power to choose from time 
to time afterwards, as necessary and also shall agree on a 
method for calling future meetings. 

And be it fiirUier enacted by the authority aforesaid, 
that if the said Proprietors shall refuse or neglect for the Time allowed, 
space of four years after the passing of this Act, to open 



266 Acts, 1791. — Chapter 8. 

and compleat said Canal, then this Act shall be void and 
of none effect. 

And be it further enacted by the authority aforesaid, 

open! '° ^'^ ^*'^' that the said Canal shall be kept open for the passing of 
boats, rafts and other water craft, & for all persons who 
may wish to pass or transact business therein, they paying 

'^°"- to the said proprietors the following Toll — vizt. For 

every Boat of the burthen of one ton the sum of nine 
pence, and in the same proportion for vessels or boats of 
greater or less burthen, not exceeding six shillings for 
any such vessel or boat — For every thousand feet of 
boards in rafts, four pence half penny and in the same 
proportion for all other kinds of Lumber. 

June 17, 1791. 

1791. — Chapter 8. 

[May Session, ch. 9.] 

AN ACT TO ASCERTAIN THE QUALITY OF POT AND PEARL 
ASHES, AND FOR THE MORE EFFECTUAL INSPECTION OF 
THE SAME. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled & by the authority of the 
Ashes not to be same, that no person or persons whatsoever shall ship any 
ins'prcted! pot or pearl ashes for exportation, before he shall first 

have submitted the same to the view & examination of the 
Inspector or his deputy, who shall be appointed as herein 
after mentioned, who shall start the same out of the casks 
and carefully examine, try & inspect the same, & sort the 
same in three different sorts, if necessary ; that the said 
Inspector shall put each sort by itself in tight new casks, 
well hooped & coopered, which he shall distinguish by 
the words first sort, second sort, or third sort, with the 
words pot or pearl ashes, as the same may be, branded in 
plain legible letters, together with the letters of his name, 
and the place where such pot or pearl ashes shall he 
inspected, as also the word Massachusetts at full length 
on each cask; for which services & also the additional 
service for re-packing the said pot & pearl ashes & putting 
the casks in good condition for shipping, and for inspect- 
ing and weighing the same & delivering to the owner an 
invoice or Aveight-note under his hand of the weight of 
each cask, he shall have and vece'we four pence halfpenny 
for every hundred weight so inspected, to be paid by the 
purchaser of the same. 



Acts, 1791. — Chapter 8. 267 



And be it Enacted by the authority aforesaid, that from Quality and di- 
and after the first day of March next, every cask in which the casks. 
pot or pearl ashes shall be packed for exportation, shall 
be made of sound & well seasoned oak or white Ash staves 
and heading, fall bound, twenty nine inches in length, 
nineteen inches diameter in the head and of such weight 
in proportion to its contents, as will amount as near as 
may be, to fourteen j^er centum tare thereon. 

And be it further enacted by the authority aforesaid, 
that the said Inspector or his Deputy, at the time of ^^e'glT&mark 
starting pot or pearl ashes for inspection, shall weigh the the casks. 
cask or casks and mark the weight with a marking Iron 
on each head thereof. 

And be it further Enacted by the authority aforesaid, 
that every such Inspector shall have full power & author- —empowered, 
ity by virtue of this Act, and without further or other 
warrant, to enter on board any ship or vessel whatsoever 
lying & being in the harbour where such Inspector is 
authorized to inspect pot or pearl ashes, shipped or ship- 
ping on board any such vessel for exportation fi'om this 
State ; and if said Inspector shall on search discover any 
cask or casks of pot or pearl ashes not branded as before 
directed, the person or persons so shipping or having 
shipped the same, shall forfeit all and every such cask or 
casks of pot & pearl ashes so shipped or shipping and not 
branded in the manner herein before directed ; and such 
Inspector or his Deputy shall & may seize and carry away 
and secure the same for trial, and require necessary aid 
for that purpose, which it shall be the duty of every per- 
son so required to give, on pain of forfeiting the sum of 
forty shillings for his refusal or neglect ; & the master Penalty. 
or commander of any such vessel who shall receive on 
board any such cask or casks of pot or pearl ashes not 
branded as aforesaid, shall forfeit the sum oi. five pounds 
for each cask so received ; And if any Master of any ship 
or vessel, or any of his servants or seamen shall obstruct 
or hinder the said Inspector in making such search as 
aforesaid, every person so oflending shall forfeit for each 
offence the sum of Ten pounds. 

And be it further enacted by the authority aforesaid, 
that if any Inspector of pot or pearl ashes (according to - for neglect of 
the duties of this act) shall on application made, for the inspeTtor.^ 
examination of any pot or pearl ashes aforesaid, unreason- 
ably refuse neglect or delay to proceed to such examinaj- 



268 



Acts, 1791. — Chapter 8. 



— for branding 
otherwise than 
agreeably to 
law. 



— in case of 
fraud in othe 
respects. 



Appropriation 
of fines and 
forfeitures. 



tion and inspection, for the space of three hours after 
such application so made to him, the Inspector so refus- 
ing neglecting or delaying to make such examination or 
inspection, shall for each oifence forfeit the sum of twenty 



Manner of pros- 
ecution. 



And be it enacted hy the cmthority aforesaid, that if 
any person shall brand any cask of pot or pearl ashes 
manufactured by himself, with the name of any other 
person than his own, or shall brand any such cask manu- 
factured by another person with his own name, or shall 
counterfeit any brand belonging to, or proper to be used 
by the said Inspector or any of his deputies, or shall 
impress or brand any cask of pot or pearl ashes with any 
brand or brands of such Inspectors, or with any counter- 
feited as aforesaid, he shall forfeit & pay for each offence 
the sum of fifty pounds. 

And he it farther Enacted hy the authority aforesaid, 
that if any person shall empty any cask or casks of pot 
or pearl ashes inspected & branded as by this Act is 
required & put in any other pot or pearl ashes for sale 
or exportation, without first cutting out the said brand 
marks, the person or persons so offending shall for each 
cask forfeit & pay the sum of fifty pounds. 

And he it enacted hy the authority aforesaid, that all 
fines and forfeitures mentioned in this Act above the sum 
oi four pounds & under twenty pounds, shall and may be 
sued for & recovered with costs by any person to his own 
use ; — but if the sum shall amount to twenty pounds or 
more, then one half to his own use, and the other half 
to the use of the Commonwealth, and in both cases, by 
action of debt in the Court of Common pleas in the 
County where the offence shall be committed, with liberty 
of appeal as in other civil actions : — But if the forfeiture 
shall be four ^lounds or under, then it may be sued for by 
such action for the use of the prosecutor before a Justice 
of the peace with like liberty of appeal. And all casks 
of pot or pearl ashes forfeited and seized as aforesaid, 
may be prosecuted to condemnation by the Officer seizing 
the same, by libel before the Court of Common pleas in 
the County where the seizure shall be made, if above the 
value oi four pounds, or before a Justice of the peace if 
under that sum, with liberty of appeal to the Supreme 
Judicial Court, or Court of Common pleas respectively, 
as the case may require ; And after condemnation, the 
same shall be sold at public vendue by such Officer ; and 



Acts, 1791. — Chapter 8. 269 

after payment of all charges, one half of the remainder 
shall be by him paid into the Treasury for the use of the 
Commonwealth, & the other half be for the use of such 
Officer. 

And be it further enacted by the authority aforesaid, 
that every manufacturer of pot and pearl ashes within this fo^J^J"-^"'!- 
Commonwealth shall brand each cask containing the same, 
with the initial letter of his christian name and his sir 
name at full length, with the name of the town where 
the same shall be manufactured before the same shall be 
removed from the manufactory, under the penalty of five 
shillings for each cask so removed without being previ- 
ously branded as aforesaid. 

And be it further enacted by the authority aforesaid, 
that there shall be an Inspector of pot & pearl ashes inspector ap- 
for the Commonwealth, who shall be well skilled in the 
knowledge & properties of the same ; to be appointed by 
the Govern(n- with the advice & consent of the Council 
and to be by them removeable at pleasure, and who, 
before he shall enter upon the duties of his office, shall -togivebonds. 
o-ive bond with sufficient sureties to the Treasurer of the 
Commonwealth in the penal sum of 07ie thousand pounds, 
for the faithful discharge of his duty, and shall also be 
sworn faithfully to perform the same. 

And such Inspector shall have power, when so qualified, -tpV^PP!^"^* 
to appoint, and shall appoint. Deputy Inspectors m every 
Sea port town where pot & pearl ashes are exported, and 
also in Watertown and Medford and such other places as 
he shall judge necessary, for whom he shall be answerable, 
and shall take bonds from them with sufficient surety or 
sureties, & they shall also be sworn to the faithful dis- 
charge of their duty ;— And the said Inspector shall not 
be entitled to receive from any Deputy he_ may appoint, 
more than one penny for each hundred weight of pot or 
pearl ashes such Deputy may inspect agreeably to this Act. 
And be it further Enacted by the authority aforesaid, 
that all former laws respecting the inspection & assay of Laws repealed. 
pot & pearl ashes, so far as they relate to the same, be 
and hereby are repealed — Provided nevertheless that Proviso, 
they shall be considered as in full force with regard to all 
actions and prosecutions which may be now depending for 
any penalty or forfeiture incurred for breach of the same. 

June 17, 1791* 



« Approved June 18, 1791. 



270 



Acts, 1791. — Chapters 9, 10. 



1791. — Chapter 9. 

[May Session, ch. 8.] 

AN ACT IN ADDITION TO AN ACT, ENTITULED, "AN ACT FOR 
ERECTING AND ESTABLISHING TWO NEW COUNTIES IN THE 
COUNTY OF LINCOLN AND DECLARING THE BOUNDARIES OF 
THE COUNTY OF LINCOLN IN FUTURE." 

Preamble, Wheveas 710 proviswn is made in the said Law for 

impowering the Supreme Judicial Court at their sessions 
holden according to Law in the Counts/ of Lincoln, to take 
cognizance of crimes committed in the Counties of Hancock 
(& Washington otherwise than hy appeal. 

Be it therefore enacted hy the Senate and House of 
Representatives in General Court assembled & hy the 
Supreme Judi- authority of the same, that the Supreme Judicial Court 
ho'iden^or three to be holdcn in the County of Lincoln shall be holden for 
counties. ^.j^^ Countics of Lincoln Hancock and Washington, and 

shall from time to time and at all times hereafter untill 
the further order of the General Court have the same 
jurisdiction, power and authority for the trial of all actions 
civil & criminal, the cause whereof has arisen or shall 
arise within the body of either of the Counties of Hancock 
or Washington, as also to hear & determine all other 
matters and things arisen or which shall arise within the 
body of either of the said Counties, & shall have the same 
original Jurisdiction of all matters Criminal, Civil & mixed 
arisen or which shall arise in either of the said Counties 
as if the same actions matters & things had arisen within 
the body of the said County of Lincoln. 

And he it further enacted by the authority aforesaid, 
that the Grand & Petit Jurors to serve at the Supreme 
Judicial Court to be holden within the said County of 
Lincoln shall from time to time be chosen & summoned 
out of the several Towns within the Counties of Lincoln, 
Hancock & Washington in the same manner as has been 
heretofore practised. June 10, 1791. 



Jurors chosen. 



1791. — Chapter lO. 

[May Session, ch. 10.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, " AN ACT FOR AP- 
POLNTING THE TIMES & PLACES FOR HOLDING THE SUPREME 
JUDICIAL COURT." 

Whe7'eas the Supreme Judicial Court, holden at Boston, 
in the County of Suffolk, on the last Tuesday of August, 



Acts, 1791. — Chapter 11. 271 

(& at Barnstable, within & for the County of Barnstable, 
on the Wednesday next preceeding the third Tuesday of 
May, has the appellant jurisdiction of all the Judgments, 
orders & determinations of the Courts of General Sessions 
of the peace, & Courts of Common pleas, holden within 

5 for the Counties of Nantucket (& Dukes County ; but no 
provision is made for appeals from the decrees & orders 
of the Judges of Probate for the respective Counties of 
Nantucket & Dukes County, to the Supreme Judicial 
Court, now appointed the Supreme Court of Probate. 

Be it enacted by the Senate & House of Representa- 
tives in General Court Assembled, <& by the authority of the 
same, that all appeals, which have already been claimed ^ay^^e heard'^ 
according to law, within twelve months from the date for'^NanTu'^ketf 
hereof, or that may hereafter be claimed from the Decrees 

6 orders of the Judge of Probate for the County of 
Nantucket, shall be heard & determined at the Supreme 
Judicial Court, holden at Boston on the last Tuesday of 
August annually. 

And be it further enacted by the authority aforesaid, 
that all appeals which have been claimed according to where appeals 
law, within twelve months from the date hereof, or that ami determined 
may hereafter be claimed from the Decrees & Orders of cJunty"!^* 
the Judge of Probate for the County of Duhes County 
shall be heard & determined at the Supreme Court of 
Probate, to be holden at Barnstable, on the Wednesday 
next preceeding the third Tuesday of May annually. 

June 17, 1791. 

1791. — Chapter 11. 

[May Session, ch. 11.] 

AN ACT FOR REPEALING IN PART AN ACT, ENTITLED "AN ACT 
FOR THE FURTHER REGULATING THE ASSIZE OF BARREL 
BEEF AND PORK," PASSED THE FOURTEENTH DAY OF NO- 
VEMBER ONE THOUSAND SEVEN HUNDRED & EIGHTY FOUR^ 

W7iereas the Act abovementioned requires that all barrels Preamble. 
made use of for salting Beef & Pork shall be clear of sap, 
which is found to be unnecessary ; 

Be it therefore Enacted by the Senate & House of Rep- 
resentatives in General Court assembled and by the author- 
ity of the same, that that part of the clause in the Act ^Jpeafed. 
aforesaid requiring the cask made use of for salting Beef 
and Pork, to be clear of sap, be and it hereby is repealed. 

June 17, 1791. 



272 Acts, 1791. — Chapters 12, 13. 



1791. — Chapter 13. 

[May Session, ch. 12.] 

AN ACT IN ADDITION TO AN ACT, INTITLED, " AN ACT FOR THE 
MORE SAFE KEEPING THE REGISTRY OF DEEDS & CONVEY- 
ANCES OF LAND & FOR APPOINTING THE TIME & MANNER 
OF CHOOSING REGISTERS." 

Be it enacted by the Senate & House of Representa- 
tives in General Court Assembled, (& by the authority of the 
Court of same, that whenever it shall so happen that no person shall 

fmpo?v°/red. have a majority of the Votes legally returned for a Regis- 
ter of Deeds in any County within this Commonwealth, 
in such cases the Court of General Sessions of the Peace 
shall be & hereby are impowered to adjourn for the pur- 
pose of opening the Votes returned upon a new Warrant 
by the said Court issued, to some day previous to the 
next Court of General Sessions of the Peace to be by Law 
holden in the County, any thing in the said recited Act to 
the contrary notwithstanding. & at any adjournment for 
the purpose aforesaid the same proceedings shall be had as 
are now authorized by law at any Court of Genl. Sessions 
of the Peace by law established for such County. 

June 18, 1791. 



1791. — Chapter 13. 

[May Session, eh. 13.] 

AN ACT DIRECTING THE MANNER IN WHICH INQUESTS OF OF- 
FICE SHALL BE TAKEN TO REVEST REAL ESTATE IN THE 
COMMONWEALTH OR TO ENTITLE THE COMMONWEALTH 
THERETO. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
Manner & form (he Same, that in all cases where lands, tenements or 
quests of office, hereditaments have heretofore been granted or confirmed 
Estate?' ^^^^ by the late Province or Colony of Massachusetts Bay or 
by this Commonwealth or which may hereafter be granted 
or confirmed by this Commonwealth on certain conditions 
in such grants or confirmations mentioned, and the Com- 
monwealth shall claim to be revested in the same for the 
breach of one or more of the said conditions, an inquest 
of office shall thereupon be taken in the Supreme Judicial 
Court in the County where the estate lies in the manner 
following ; that is to say — The Attorney General shall 



Acts, 1791. — Chapter 13. 273 

upon the direction of the Legislature, file an information 
in behalf of the Commonwealth in the said Court, at any 
term thereof in any County, setting forth among other 
things the grant or confirmation with the conditions therein 
mentioned and assigning the breaches of such of the said 
conditions as shall be directed by the Legislature and of 
no others, and alledging that by force thereof the Com- 
monwealth have right by law to be revested in the said 
estate, and praying that process may issue thereupon in 
due course of law ; Avhereupon the Court shall order a 
scire facias to issue against such person or persons, bodies 
politic and corporate or proprietors as the Attorney Gen- 
eral in his information shall alledge hold the estate under 
such grant or confirmation, returnable to the said Court 
at one of the terms to be holden in the County where the 
estate lies, which scire facias shall be served thirty days 
before the sitting of the Court to which the same is made 
returnable : And if the defendants shall not appear or ap- 
pearing shall refuse to plead, judgment shall be rendered, 
that the Commonwealth be reseized of the estate described 
in the information ; and if the defendants shall by plea 
disclaim to hold the said estate or any part thereof, then 
judgment shall be rendered, that the Attorney General 
take nothing by his information so far as the same respects 
the estate so disclaimed, and the defendants their heirs 
and assigns shall forever thereafter be estopped from 
claiming or holding the estate so disclaimed, under the 
said grant or confirmation ; But if the defendants shall 
claim to hold the said estate or any part thereof under 
such grant or confirmation and shall traverse the breaches 
assigned, issue being joined thereon, the same shall be 
tried by a Jury at the bar of the said Court in the usual 
and due course of law, and a view may be granted or a 
plan ordered when necessary, as in the trial of real ac- 
tions : And if the issue be found in favor of the Common- 
wealth, judgment shall be rendered that the Commonwealth 
be reseized of the said estate and recover costs of suit, for 
which costs, execution shall issue in due form of law ; but 
if the issue shall be found for the defendants, judgment 
shall be rendered that they recover their costs of suit to 
be taxed by the Court and paid out of the public Treasury 
by warrant of the Governor and Council. 

Provided nevertheless, if the only condition alledged to proviso, 
be broken is, that the defendants hold more land under 
such grant or confirmation than they have right by force 



274 



Form of an Ii 
quest of ofl3c( 
in all other 



Acts, 1791. — Chapter 13. 

thereof to hold, and the same shall appear either by 
verdict of the jury or confession of the defendants, then 
the Justices of ^ the said Court shall have power to assign 
to the defendants by metes and bounds, at their request 
and cost, so much of the land which shall l)e held by the 
defendants as aforesaid, as shall be equal in quantity to 
the land they might lawfully have held under such grant 
or confirmation, and in such part thereof, as shall be just 
and reasonable under all the circumstances of the case, 
and may order the same to be located by proper persons 
to be appointed for that purpose by the Court at the 
expence of the defendants ; which location with a plan 
thereof shall be returned to the said Court & may be con- 
firmed by the same, unless good cause be shewn to the 
contrary by the Attorney General or the defendants ; and 
if such location shall be confirmed, then the Court shall 
order an attested copy thereof, and of the said plan to be 
filed at the expence of the defendants in the Secretary's 
Office, and judgment shall be rendered that the Common- 
wealth be reseized of the residue & recover costs of suit. 
And be it further enacted, that in all other cases where 
an inquest of office is necessary by Law to entitle the 
Commonwealth to hold lands, tenements or hereditaments, 
such inquest shall be taken by the Supreme Judicial Court 
in the County in which such estate lies, upon information 
of the Attorney General, describing among other things 
the estate claimed & the title set up thereto by the Com- 
monwealth ; & upon the filing of such information, the 
same proceedings shall be had as before directed, mutatis 
mutandis, unless where there is no ter-tenant & in such 
case, notice shall be given to any person or persons 
claiming such estate to shew cause at such term of the 
said Court as shall be mentioned in the notification why 
judgment should not be rendered that the Commonwealth 
be seized of such estate, ])y causing an attested copy of 
such information with the order of Court thereon to be 
pul)lishc(l in such public Newspapers as the Court shall 
direct, three weeks successively, ninety days at least 
before the sitting of the said Court : and if no person shall 
appear & by Plea deny the title of the Commonwealth to 
such estate, then judgment shall l)e rendered that the 
Commonwealth be seized thereof: But if any person shall 
api)ear & by Plea deny the title set up by the Common- 
wealth, tlie' cause shall be tried by a Jury at the bar ot 



Acts, 1791. — Chapter U. 275 

the Court, & a view or a plan may be ordered as in the 
trial of real actions ; & if a verdict shall be found, that 
the Commonwealth have good title to such estate, judg- 
ment shall be rendered that the Commonwealth be seized 
thereof & recover costs of Suit against the defendent, for 
which costs, execution shall issue in due form of law : But 
if the Jury shall find that the Commonwealth hath no title 
to such estate & that the defendent hath good title thereto, 
the defendant shall recover his cost of Suit to be taxed l)y 
the Court & paid out of the Pulilic Treasury by warrant 
of the Governor & Council ; but if the Jury do not find 
that the defendant hath good title to such estate then he 
shall not be allowed his costs. 
Aiid be it further enacted, that when any iudo-ment i° '=f,^ J"''^- 

ini IT • n .r^ ^^ J J CD ment be 

shall be rendered on any mquest of Office, that the Com- rendered for 
monwealth be reseized or seized of any Lands Tenements we'aur""'"'" 
or hereditaments, the Commonwealth shall immediately 
upon the rendition of such judgment be deemed & taken 
in the Law to be in fact seized of all such estate to all 
intents & purposes whatever : and all judgments rendered 
on any inquest of Office taken by virtue of this act, shall 
conclude all parties & privies thereto, their heirs & 
assigns, so long as such judgments shall remain in full 
force. June 18, 1791. 



1791. — Chapter 14. 

[May Session, ch. 14.*] 

AN ACT INCORPORATING CERTAIN RELIGIOUS SOCIETIES 
THEREIN NAMED, IN THE TOWN OF GR[E]AT BARRINGTON 
IN THE COUNTY OF BERKSHIRE. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled & by the authority of the 
same, that Thomas lugersoU, Elijah Egleston, David Kty^ncor- 
Wainioright Samuel Whiting, William Barns, Walter pomted. "''**' 
Pynchon, Andreiv Robinson, Lambert Bur ghardt, Andrew 
Burghardt, John Van Dusen, William Van Ducen, Garrit 
Burghardt, Hendrick Burghardt, Clement Leiiian, Jacob 
Van Dusen Abraham Van Dusen, Jacob Van Dusen 2nd., 
John Burghardt 3rd Medad Parsons, Amos Olds, Benja- 
minCahoon, John Church, Jacob Johnson, Andrew Loomis, 
James Hewit, Josiah Church, John Church junv., Oliver 
Younglove, Jonathan Younglove, William Davis, John 



Wrongly numbered chapter 9 in Session pamphlet. 



Congregational 
Society Incor 
porated. 



276 Acts, 1791. — Chapter 14. 

Stewart, Peter Burghardt, Daniel Furguson, John Burg- 
hardt, John Burghardt 2d. Mose.s Orcuit, Elijah Dwight, 
Elizur Demminq, Martin Houcke, Isaac Perre,Ehenezer 
Smith Caleb Hill, William Whiting, William Whiting od. 
Abraham K. Whiting, Eliphalet Gregory, Azel bprague, 
Thomas Huxford, Isaac Van Dusen, Isaac Van Dusen 
3d. Isaac Van Dusen jun. John Van Dusen jnnr. 
Abraham Van Dusen jr. John Farnam, John Williams, 
Nicholas Bidkley, Emanuel Hodgit, Ralph Adams, Wil- 
liam Ilamly, John Obrian, William Obrian & Peter 
Eslen, all of Great Barrington in the County ot Berk- 
shire tooethei- with their families, Polls & Estates, be, c^ 
they are hereby incorporated into a Parish l)y the name 
of the Protestant Episcopal Society of Great Barrington, 
with all the privileges, powers & immunities which other 
Parishes within this Commonwealth are intitled to l)y law. 
And it is further enacted by the authority aforesaid, 
that all & singular the other persons with their Estates, . 
within the said Town of Great Barrington, shall continue 
& remain a religious Society, by the name of the protestant 
congregational Society in Great Barrington, with_ all the 
previleges, powers & immunities which other parishes m 
this Commonwealth are entitled to by Law, to which shall 
belong the estates of the non-resident proprietors in the 

said Town. ,, . ,.11 

And it is further enacted, that all monies, which by 

virtue of this act, shall be assessed & collected by the said 

Congregational Society, upon the estates ot non-resident 

proprietors within said Town shall be equally divided 

between said episcopal & congregational Societies ; — and 

the Treasurer of said Congregational Society, as often as 

any sum or sums of money shall be assessed ^ collected 

in manner aforesaid, on estates ot non-resident proprietors 

upon demand made by the Treasurer of said Episcopal 

Society, shall pay over to the said last mentioned Ireas- 

urer, the one half of said sum or sums ot money which 

shall have been as aforesaid assessed & collected. 

inhabitantB to And it is further enacted hy the authority apresaul, that 

o'wTpVr^Bta. any Inhabitants of the said Town of Great Barrington, 

shall at all times forever hereafter have full liberty to 

ioin themselves with their families & estates to either ot 

Proviso. the Parishes in said Town : -i^rorn'M they shall some 

time in the Month of March, signify in Avriting under 

their hands to the Clerk of said Town, their determina- 



Appropriation 
of monies. 



Acts, 1791. — Chapters 15, 16. 277 

tion of belonging to the parish to which they may join 
themselves as aforesaid. 

A7id it is further enacted by the authority aforesaid, ^^^ 

that Elijah Dwight Esqr., he, & he is hereby authorized ^^.^oZL ' 
to issue ' his several Warrants, directed to some principal ^a"*"'- 
member of each of said Societies, requiring him to warn 
the members of said Societies respectively, qualified to 
vote in parish aiiairs, to assemble at some suitable time & 
place in the said Town, to be expressed in such Warrant, 
to choose such Officers as parishes are by Law required 
to choose in the month of March or April annually & to 
transact all matters & things necessary to be done in the 
said Parishes — respectively. June 18, 1791. 



1791. — Chapter 15. 

[May SesBion, ch. 15.] 

AN ACT FOR DISCONTINUING THE OFFICE OF COMPTROLLER 

GENERAL IN THIS COMMONWEALTH. 

Be it enacted by the Senate & House of Representa- 
tives in General Court Assembled & by the authority of 
the same. That the Office of Comptroller General shall fioenrar 
cease from & after the first day of July next, & that the to '^ease. 
present Comptroller General shall settle his accounts to 
that time with the Treasurer of this Commonwealth, who 
is hereby impowered & directed, to perform all the duties 
of the said Office in the same manner as they are now 
executed by the present Comptroller General, any Law 
to the contrary notwithstanding ; & at the time of such 
settlement, the Comptroller General shall deliver to the 
Treasurer all bonds & other official papers, taking his 
receipt for the same. June IS, 1791. 

1791. — Chapter 16. 

[May Sesaion, ch. 16.] 
AN ACT DETERMINING AT WHAT TIMES & PLACE THE COURTS 
OF GENERAL SESSIONS OF THE PEACE & COURTS OF COMMON 
PLEAS SHALL BE HOLDEN WITHIN THE COUNTY OF BERK- 
SHIRE. 

Be it enacted by the Senate d- House of Rejwesenta- 
tives in General Court Assembled & by the authority of 
the same. That from & after the tirst day of September TimcB^nnd^^^ 
next, the times & place for holding the Courts of General fngCoCrts." 
Sessions of the peace & Courts of Common Pleas within 



278 



Acts, 1791. — Chapter 17. 



& for the County of Berkshire, yliall he at Lenox on the 
second Tuesday of September, the first Tuesday of Janu- 
ary & the third Tuesday of April annually, any Law 
heretofore made to the contrary notwithstanding. 

Ju7ie IS, 1791. 



Justices of the 
Supreme Judi- 
cial Court, em- 
powered to 
order appeals 
to be entered. 



1791. — Chapter 17. 

[May Session, ch. 17.] 

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACT :^MPO W- 
ERING THE JUSTICES OF THE SUPREME JUDICIAL COURT TO 
GRANT WRITS OF REVIEW IN CERTAIN CASES." 

Whereas in said Act, no provision is made in cases 
ivlierein by reason of any accident, mistake or unforeseen 
cause, an appeal in a civil action, or complaint, may not 
be entered at the Supreme Judicial Court, at the proper 
term of said Court for entering the same, and a provision 
in such cases is found to he 7iecessary, — 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, & by the authority 
of the same, that in every such case the Justices of the 
same Court be and they are hereby empowered, on the 
jietition of the party, at their discretion, to order such 
appeal or complaint to be entered at any other term 
of said Court, within the County where the judgment 
appealed from shall have been rendered ; and to proceed 
to try the appeal, or affirm the former judgment, with 
additional damages and costs, in the same manner as they 
might have done if the said appeal or complaint had been 
entered at the proper term for entering the same ; And 
the said Justices are hereby vested with all the discretion- 
ary power respecting such appeals, or complaints, with 
which they are vested in the cases mentioned in said Act. 

Provided that no petition for entry of such appeal or 
complaint shall be sustained unless such petition shall be 
exhibited to the Court within one year after the term 
at which such appeal or complaint ought to have been 
entered, or Avithin one year from the passing of this Act ; 
And jrrovided also that no goods or estate attached or 
bail given upon the original Avrit shall be aflected by 
any thing done by force of this Act ; but the same shall 
remain discharged, notwithstanding the entry of any such 
appeal or complaint as aforesaid. 

And Avhereas the power for granting reviews by the 
said Justices is limitted to certain cases in the aforesaid 



Acts, 1791. — Chapter 18. 279 

Act described, and to a certain time therein specified, 
which is found to be inconvenient, _ 

Be it therefore enacted by the authority aforesaid, that ~ w'/rTto gTaSt 
the said Justices be and they are hereby vested with a wnt«;f 
discretionary power to grant reviews in civil actions 
whenever they shall judge it to l)e reasonable, without 
being limited to particular cases, any omissions in the 
aforesaid Act notwithstanding: — ^^^^.^^ 

Provided that api)lication be made to the Justices of 
the said Court within three years after the rendition of 
the jud2:ment complained of. 

And ''be it further enacted by the authority aforesaid, 
that every Court of Common pleas within this Common- ^^'^'"J'XL^^"" 
wealth be & they are hereby vested with the same powers empowered. 
respecting appeals made from judgments rendered by 
Justices of the peace & complaints for not entring the 
same and also respecting all actions and suits before 
Justices of the peace, wherein the damage laid does not 
exceed four pounds and wherein the defendant has been 
defaulted for want of actual notice of the suit or by some 
other accident or mistake with which the Justices of the 
Supreme Judicial Court are by this Act vested, respecting 
appeals from judgments rendered by Courts of Common 
pleas and complaints for not entering the same and respect- 
ing the granting reviews in the certain other actions or 
surts before mentioned wherein the defendant has been 
defaulted or lost his law. Jv^ne 18, 1791. 



1*791. — Chapter 18. 

[January Session, ch. 1.] 
AN ACT TO INCORPORATE THE PLANTATION OF WALES IN THE 
COUNTY OF LINCOLN, INTO A TOWN BY THE NAME OF MON- 
MOUTH. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that the following described tract^ of land, viz. 
Beginning at the southeasterly corner of Winthrop on the 
west side of Cobbisacontee great pond, — thence running 
south south west six miles to a large heap of stones erected 
for a corner, thence west north west al>out five miles to the 
westerly line of the Plimouth Patent, — thence northerly 
on the westerly line of said patent about six miles, nntill it 
intersects a line running west north west from the south- 



280 



Acts, 1791. — Chapter 19. 



Daniel Coney, 
Esq ; to iasue 
warrant. 



Inhabitants to 
farm out privi- 
lege annually. 



easterly corner of Winthrop caforcsaid, thence east south 
east hy the southerly line of Winthrop to the first men- 
tioned l)ound, together Avith the inhabitants thereon be 
and they hcrcl^y are incorporated into a town by the name 
oi Monmouth; & the said town is hereby invested with 
all the powers, priviledges, & immunities, which other 
towns in this Commonwealth do, or may enjoy by law. 

And be it further Enacted by the authority aforesaid, 
that Daniel Cony Esquire be, and he is hereby empowered 
and requested to issue his Warrant, directed to some suit- 
able inhabitant of the said Monmouth, requirino- him to 
warn the inhaljitants thereof, to meet at some convenient 
time & place, to chuse all such Officers as towns are by 
law required to chuse in the month of March or April 
annually. January 20, 1792. 



1791. - Chapter 19. 

[January Bession, ch. 2.] 
AN ACT TO REGULATE THE TAKING OF FISH CALLED ALE- 
WIVES IN THE TOWN OF MIDDLEBOROUGH, IN THE COUNTY 
OF PLIMOUTH, AND FOR REPEALING A CERTAIN LAW MADE 
FOR THAT PURPOSE IN THE YEAR OF OUR LORD ONE THOU- 
SAND SEVEN HUNDRED AND FORTY NINE. 

Whereas the laivs already made for regrdatinr/ the tak- 
ing fish called Alewives at the places called the Old Stone 
Ware & Assawomset Brook in said toton, are found in- 
convenient, — for remedy whereof — 

_ Be it Enacted by the Senate arid House of Rejwesenta- 
tives in General Court assembled, and by the authority 
of the same, that from and after the passing this Act, it 
shall and may be lawfull, for the inhabitants of said town 
annually, to farm or hire out the priviledge of taking said 
fish at the place called the Old Stone ivare, and at'' such 
place in Assaioomset in said town, as the inhabitants thereof 
shall vote and order, to such person or persons as shall 
appear to give most for said priviledge, four days in a 
week at said Stone Ware, viz, Tuesday, Wednesday 
Thursday and Friday, and at Assaivomset Brook three 
days in a week, viz, Monday, Tuesday and AVednesday, 
beginning at midnight preceding Tuesday, and endino- at 
midnight succeeding Friday, at said Stone ware, — and 
at midnight preceding Monday, and ending at midnight 
succeeding Wednesday, at said Assawo77iset Brook ,- — said 
fish to be taken at said Stone Ware with Scoop nets only ; 



Acts, 1791. — Chapter 19. 281 

and at said Assmvomset Brook with Scoop nets or set nets 
only. 

And be it further Unacted by the aidhority aforesaid 
that the purchasers of said priviledge, shall not ask or re- rurchaseie of 
ceive for said fish when taken, more than one shilling per ilmit'eT/iThe 
hundred, and in that proportion for a greater or smaller P'>*=eoftiBh. 
quantity ; and that the purchasers of said priviledge shall 
l)e obliged to sell said fish at that rate, at all times, when 
they shall have any on hand, Avhen applied to, upon the 
penalty oi five pounds, to be recovered by action of del)t 
in any Court proper to try the same, for each neglect or 
refusal ; one moiety thereof, to the use of the Poor of the 
said Town, & the other moiety to the use of any person 
who shall prosecute for the same and it shall be the duty 
of the inhabitants of said town, annually, to provide for 
such of the poor inhabitants thereof, as shall be unable to 
procure them for themselves, such quantities of said fish, 
as shall be thought necessary, who shall receive the same 
gratis ; — & in order thereto, — 

Be it further Enacted that said inhabitants shall chuse committee to 
a Committee of nine discreet judicious men, one in each ctwen."^ ^ 
Constable's district in said town, in the fall of the year 
annually, who shall report to the Overseers of the poor 
of said town previous to the ensuing Spring, the number 
and names of such poor inhabitants, the number in each 
family, and their situation ; & it shall be the duty of such feel^ of t^hr'' 
Overseers to apportion to every such family, such quan- pooi- 
tity of said fish, as they in their discretion shall think 
necessary, & shall draw their orders on the purchasers of 
said priviledge, for the same ; which orders shall be taken 
& received by said purchasers, equal to money, and shall 
l)e received of them by the Treasurer of said town, equal 
to money, in discharge of the purchase money of the 
priviledge aforesaid. 

And be it further Enacted, that any person who shall breachVf°thiB 
presume to take any of said fish in any other way, at any act. 
other time, or any other place in said river or Brook, or 
any parts or dependences thereof, than those prescribed 
by this act, every person concerned therein, shall forfeit 
& pay for each offence the sum oi forty shillings, to be 
recovered by action of debt in any Court proper to try 
the same, one moiety thereof to the Treasurer of said 
town for the use of the poor thereof, and the other moiety 
to the party who shall sue therefor. 



282 



Acts, 1791. — CnArTER 19. 



Suspicious per- 
sons to be 
examined. 



Certificates to 
be given to jmr- 
chasers of fish. 



Minors or ser- 
vants — how 
dealt with in 
case of offence. 



And be it further Enacted hy the authority aforesaid, 
that the Scoo[) net, or other instrument, l)y which any 
person shall take, or attempt to take any of said fish, 
contrary to the true intent and meaning of this act, shall 
be forfeit, and any other person shall have liberty to seize 
& secure the same to his own use ; and if said Scoop net 
or other instrument, forfeited as aforesaid, shall be carried 
away, concealed or with held, so that the party attempt- 
ing, cannot take or come at the same, said [larty so 
attempting to take said instrument, may sue for & recover 
the value thereof in a special action of the case, before 
any Court having proper jurisdiction thereof, against the 
owner or possessor thereof to his own use. 

And he it further Enacted that if any person shall be 
found near said River or Brook, or going from thence, 
with any quantity of said fish, exceeding sixty in number, 
which are suspected to have been taken in violation of 
this act, it shall be the duty of every person who shall 
then suspect said fish to have been taken illicitly, to ex- 
amine the possessor thereof, respecting the means of his 
procuring them, & if he cannot make it appear that he 
came ])y them legally, he shall forfeit the whole of said 
fish, that he shall so be possessed of, to be recovered in the 
same way & manner as Scoop nets and other instruments 
are recovered as provided in this Act, & be subject to the 
penalty oi forty shillings for taking fish contrary thereto, 
to be recovered in the same way as is herein before pro- 
vided in that particular ; — & to prevent dificulty, and 
unnecessary expence to persons purchasing said fish it 
shall be the duty of the Clerk of, or some one of the pur- 
chasers of said priviledge, to give a Certificate under his 
hand, to all persons who purchase any quantity of said 
fish, exceeding sixty in number, of the time when, & the 
place where, & the quantity purchased, & his producing 
said Certificate shall be evidence of his obtaining said fish 
legally. 

And he it farther enacted hy the authority aforesaid, 
that if any children or servants shall oflcnd against this 
Act, unless their parents masters or guardians or some 
other person in their liehalf shall pay the penalty set 
against such ofienders within twelve hours after notice 
being given them of such oftence, such children or ser- 
vants shall 1)6 proceeded against by complaint before any 
Justice of the peace in and for said County, and upon 



Acts, 1791. — Chapter 20. 283 

conviction thereof shall be committed to the house of 
correction, there to remain not less than five, nor more 
than tv^enty days, according to the nature of said offence, 
in the judgment, and at the discretion of the Court or 
Justice before which said conviction may be had. 

And be it further enacted by the author if y aforemid, 
that all persons not otherwise disqualified, shall l)e con- Legal 
sidered & taken to be competent and legal witnesses, in ^"'^^*®^* 
any prosecution upon this act, they being inhalntants of 
said town of Middleborough notwithstanding. 

And be it further Enacted by the authority aforesaid, 
that an Act passed in the year of Our Lord seventeen Act repealed. 
hundred & forty nine, intitled "An Act to prevent the 
unnecessary destruction of Alewives in the town of Mid- 
dleborough " be, and hereby is repealed. 

Provided nevertheless, that no clause in this act shall Proviso. 
extend to, or be considered, so as to affect an Act passed 
in the year of our Lord, seventeen hundred and sixty 
four intitled "An Act in addition to an Act, intitled an 
Act to prevent the unnecessary destruction of Alewives in 
the town of 3Iiddleborough." January 28, 1792 * 

1791. — Chapter 30. 

[January SeBsion, ch. 3.] 

AN ACT TO INCORPORATE THE WESTERLY PART OF THE TOWN 
OF VASSALBOROUGH IN THE COUNTY OF LINCOLN WITH 
THE INHABITANTS THEREOF INTO A TOWN BY THE NAME 
OF SIDNEY. 

Be it Enacted by the Seriate and House of liepresenfa- 
tives in General Court assembled and by the authority of 
the same, that all the land and water lying on the west Bouudariee. 
side of Kenebeck river in the town of Vassalborough, and 
bounded as followeth ; Viz; — Beginning at said Kene- 
beck river on the westerly side thereof and in the line 
between the towns of Winslow and Vassalborough afore- 
said, thence running west northwest five miles to the 
northwesterly corner of said Vassalborough, thence south- 
erly about eight miles on a strait course to the north- 
westerly corner of the town of Halloioell, thence east 
southeast five miles on the northerly line of said Halloioell 
to Kenebeck river, thence northerly on the westerly side 
of said river, and bounded by the same to the first men- 

* Approved January 30, 1792. 



284 



Acts, 1791. — Chapter 21. 



be paid . 



tioned bounds, with all the inhabitants thereon be, & 
hereby are incorporated into a seperate town ])y the name 
of Sidney, with all the powers, priviledges and immunities 
that other towns within this Commonwealth do or may by 
law enjoy. 

And be it farther Enacted by the authority aforesaid. 
Taxes hereto- that the inhabitants of the said toAvn oi Sidney shall l)e 

fore assessed to y c i i 

subject to pay all taxes heretofore assessed upon them 
while they belonged to the said town of Vassalborougli, 
in the same manner as though this act had not been 
passed. And shall also be subject to pay their proportion- 
able part of all debts due from said town of Vassalborough 
at the time of their seperation, and also shall be intitled 
to receive their proportionable part of all the public lands, 
and of all other pul)lic property that did belong to the 
town of Vassalborough at the time of their seperation ; 
such proportion or dividend to be made in equal moi[e]ties 
to each town respectively. 

And be it further Enacted by the authority aforesaid, 
that Daniel C'o??^ Esquire be, and he is hereby authorized 
and impowered to issue his Warrant to some suitable 
inhabitant of said town of Sidney, requiring him to notify 
and warn the inhabitants thereof to meet at some con- 
venient time & place in said town, to chuse all such town 
officers, as other towns are required by law to chuse in 
the months of March or April annually. 

January 30, 1792. 



Daniel Cony, 
Esq; to issue 
warrant. 



1791. — Chapter 31. 

[January Session, cli. 4.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER MERRIMACK RIVER AT 
PATVCKET FALLS BETWEEN THE TOWNS OF CHELMSFORD 
AND DRACUT IN THE COUNTY OF MIDDLESEX AND FOR 
SUPPORTING THE SAME. 

Whereas the erecting a bridge over the said river at the 
said falls will be of great utility, and Parker Varnum 
esquire <& others have jietitioned this Court for an Act of 
incorporation to impower them to build the said bridge, 
and many persons in expectation of such an Act have 
subscribed to a fund for the purpose of erecting and com- 
pleating the same ; 

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



Acts, 1791. — Chapter 21. 285 

autliority of the same, that Parher Varnum, James Var- PropnetorB in- 
nu7n, Thomas Russell, Jonathan Simpson, Lewis de 
Maresquelle, Joseph Bradley Varnum, Loammi Baldivin, 
William Blanchard, esquires, Messieurs Solomon Aiken, 
Samuel Cotton, William Hildreth junior, Jephtha. Spauld- 
ing, Josiah Fletcher junior, Peter Coburn junior, Bradley 
Varnum, Jonathan Varnum, Benjamin French, Nathan 
Tyler, Eliakin Wood, Daniel Coburn, Moses B. Coburn, 
Asa Richardson, Oliver Whiting junior, Joel Spaulding, 
John Ford, Jonathan P. Pollard, Thomas Beats, and 
Ebenezer Hall togetiier with all those who are or shall 
become proprietors to the fund to be raised for that pur- 
pose, so long as they shall continue to be proprietors 
therein or of the said bridge, shall be a Corporation and 
body politic under the name of, the Proprietors of the 
Middlesex Merrimach River Bridge, and by that name 
may sue & prosecute and l)e sued & prosecuted to final 
judgment and execution and do and suffer all other matters 
& things Avhich bodies politic may or ought to do and 
suffer, and that the said Corporation shall and may have 
full power and authority to make have and use a common -empowered. 
seal and the same to break & alter at pleasure. 

And be it further Enacted, that the said pro})rietors or ~[}'|^g°^j^*'g '° 
any five of them may l)y advertisement in the independent 
Chronicle, printed by Thomas Adams, call a meeting of 
the said proprietors to be holden at any suitable time 
and place, after ten days from the publication of said 
advertisement: and the said proiirietors by a vote of the I'ropnetorsau- 

. ., /. ,1 , ^ ^ ^ 1 1 -1 X- thorized to call 

majority of those present or represented at said meeting a meeting for 
(accounting and allowing a vote to each single share in uoned?*™*"" 
all cases) shall choose a Clerk who shall be duly sworn to 
the faithful discharge of his office, and also shall agree on 
a method for calling future meetings, and at the same 
or any subsequent meeting may make and establish any 
rules & regulations that shall be necessary and convenient 
for regulating the said Corporation, for effecting com- 
pleating and executing the purposes aforesaid or for col- 
lecting the toll hereafter granted, and the same rules and 
regulations may cause to Ite kept & executed, or for the 
breach thereof, may order and enjoin fines and penalties 
not exceeding forty shilliiigs, provided such rules & regu- Proviso. 
lations are not repugnant to the laws of this Common- 
wealth ; and the said proprietors may also choose and 
appoint any other Officer or Officers of the Corporation 



286 



Acts, 1791. — Chapter 21. 



Toll 
established. 



that they may deem necessary ; and all representations 
at the said meeting shall be proved in writing signed by 
the person making the same, by special appointment, 
which shall l)e tiled with or recorded by the Clerk ; and 
this Act and all rules regulations and votes of the said 
Corporation shall be fairly and truly recorded l)y the 
said Clerk in a book or books provided & kept for that 
purpose . 

And it is furthei' Enacted, that for the purpose of reim- 
bursing the said proprietors the monies by them expended 
or to be expended in l)uikling and supporting the said 
l^ridge, a toll be and is hereby granted and established 
for the sole benefit of the said proprietors according to 
the rates following, to wit: For each foot passenger tivo 
thirds of one penny, — for each person and horse two 
pence, — for each horse and chaise or sulkey six pence, — 
for each cart, waggon, sley or sled drawn by two beasts 
six pence, — for each cart sley or sled drawn by one horse 
four pence, — for each coach, chariot or phaeton one shil- 
ling, — for each waggon cart or sled or other carriage of 
burthen drawn by three or more cattle nine jjence, — for 
neat cattle or horses exclusive of those rode or in carriages 
one penny each, — for sheep and swine at the rate of six 
pence for each dozen ; and to each team one person and no 
more shall be allowed as a driver to pass free of toll ; and 
at all times when the toll gatherer shall not attend his duty, 
the gate or gates shall be left open ; and the said toll shall 
commence on the day of the opening of the said bridge 
for passengers and shall continue to the said proprietors 
their heirs and assigns forever. — 

Provided nevertheless, and be it further enacted that 
from and after fifty years from the passing this Act, it 
shall be in the power of the Legislature to alter and estab- 
lish the rates of toll for passing the said bridge from time 
to time as they may think necessary ; — And in order to 
apportion the said toll to the expence of supporting and 
keeping the said bridge in good repair, the receiver of the 
said toll for the time being, after the expiration of the said 
fifty years, shall from time to time when thereto directed 
by the (Tencral Court, lay before the said Court a true 
account ui)on oath, of the amount of the toll received by 
him for such period of time as shall be directed by the 
Legislature, upon the penalty of three himdred pounds, to 
be recovered by information or indictment in any Court 



Acts, 1791. — Chapter 22. 287 

proper to try the same, for the use of the Commonwealth, 
with costs of suit. 

And be it further enacted by the authority aforesaid, 
that the General Court may at any time hereafter author- j|^^| "^^J, '° 
ize, the digging & making of any canal or canals on the hereafter, re- 
banks of the said river on the shore near the same where government. 
the said bridge is to be erected, the making a convenient 
passage for boats & rafts in the said river by removing any 
obstructions therein & by constructing locks or otherwise 
as they shall judge proper, any thing in this Act supposed 
to be to the contrary notwithstanding. 

And be it further Enacted by the authority aforesaid, 
that the said bridge shall be well built with suitable mate- Manner in 
rials at least twenty eight feet Avide & well covered with Bridge u"io be 
planks, with sufficient rails on each side and boarded up **"'"• 
eighteen inches high from the floor of said bridge, for the 
safety of passengers travelling thereon ; and the same 
shall be kept in good safe and passable repair at all times ; 
and also at the place where the toll shall be received, 
there shall be erected and constantly exposed to open 
view, a sign or board with the rates of toll of all the toll- 
able articles tairly & legibly written thereon in large or 
capital letters. 

And be it further Enacted, that if the said proprietors Act to be void 
shall neglect or refuse for the space of three years after 
the passing this Act, to Imild and compleat the said liridge, 
then this Act shall be void & of no effect. 

February 1, 1792* 



1791. — Chapter 23. 

[January Session, ch. 5.] 

AN ACT IN ADDITION TO THE SEVERAL LAWS NOW IN FORCE 
PROVIDING FOR THE COLLECTION OF TAXES. 

Whereas provision is made by law, when any Constable Preamble. 
or Collector of taxes in any town, district, plantation, pre- 
cinct or parish shall die before compleating of the col- 
lection of the taxes committed to him, that the Assessors 
appoint a Collector to perfect such collection, but no jjro- 
vision is made ivhen any Constable or Collector shall 
become non compos mentis or be disabled by bodily infirm- 
ities from perfecting his collection; — Eor remedy whereof 

* Approved February 1, 1792. 



288 



Acts, 1791. — Chapter 22. 



Power & duty 
of AssesBora in 
case of inlirm 
Constables or 
Collectors. 



Assessors 
authorized, 



Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that when any Constable or Collector of any 
town, district, plantation, precinct or parish who is al- 
ready or may hereafter become non compos mentis & who 
hath or may have a Guardian duly appointed, or who 
hath already l)een or may hereafter by bodily infirmities 
be rendered incapable of discharging the duties of his 
office in the judgment of the Assessors, before such in- 
sane or inlirm Constable or Collector hath perfected his 
collection, the Assessors shall thereupon procure and 
appoint in writing under their hands some suitable per- 
son a Collector to perfect such collection, and grant him 
a warrant for that purpose ; and the person so appointed 
shall have the same power & authority as were granted 
to such insane or infirm Constable or Collector ; j^t'ovided 
nevertheless, that no person shall be appointed to com- 
pleat the collection of such infirm Collector unless he 
shall request the same ; And p7'0vided further, that when 
it shall appear to the Assessors that such insane or infirm 
Constable or Collector shall have paid to the Treasurer or 
Treasurers to whom he was accountable, a larger sum or 
sums of money than the amount of the monies that he has 
collected from the persons borne on his list of assessment, 
the Assessors in their warrant to the Collector by them 
appointed, shall direct him to pay such sum as shall ap- 
pear to them to be overpaid as aforesaid, to the Guardian 
of such insane Constable or Collector or to such infirm 
Constable or Collector as the case may be : And in the 
cases aforesaid, and in case of the decease of any Constable 
or Collector of taxes before his perfecting his collections, 
the Assessors for the time being shall have power to de- 
mand and receive the list or lists of Assessments of & from 
such infirm Constable or Collector or from the Guardian 
of such Constable or Collector as shall be non comjyos 
mentis, or from the Executors or Administrators of any 
deceased Constable or Collector, or of & from any person 
in whose hands the same ma}^ be, and to deliver the same 
to the Collector newly appointed. 

And loJiereas p)rovision is also made by laiu, that when 
any distress shall be taken by any Constable or Collector 
for non payment of taxes, it shall be kept four days before 
notice of sale shall be given, and that the forty ei<jht hours 
notice of sale shall not be given unlill after the expiration 



Acts, 1791. — Chapter 23. 289 

of the said four days, which prolongation of the time of sale 
often increases expence and appears to be unnecessary ; — 

Be it therefore enacted by the authority aforesaid, that ^Xc'to'rB\r 
it shall and may be lawful for any Constable or Collector give notice 
to give the forty eight hours notice of the sale of any dis- 
tress by him taken, for the non payment of taxes, within 
the said four days, and after such notice, to sell such dis- 
tress after the expiration of the said four days, any Law 
to the contrary notwithstanding. 

And be it further enacted by the authority aforesaid, that Sr^fin^sT 
any Officer who may have occasion to distrain any per- of distrain, 
sonal property of any deficient Constable or Collector by 
force of any warrant of distress or execution issued by the 
Treasurer of the Commonwealth, or by the Treasurer of 
any County, town, district, plantation, parish or precinct, 
shall proceed in the sale of said personal property in the 
same manner such Officer by Law is obliged to proceed 
in serving executions upon judgments obtained by Cred- 
itors against their Debtors where personal estate is taken 
for satisfying the same. February 3, 1792.* 



1791. - Chapter 23. 

[January Seeeion, ch. 6.] 

AN ACT GRANTING CERTAIN PRIVILEDGES TO THE PROPRIE- 
TORS OF THE LOWER OR NEW SLITTING MILL, STANDING 
ON MILL-RIVER IN THE TOWN OF TAUNTON 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 the Committee which may be annually 
chosen by the inhabitants of the town of Taunton afore- 
said, whose business it is to see the fish act, so called, 
put in execution, are hereby impowered and directed 
to notify one or more of the proprietors of said Slitting 
Mill, that they may stop the water, and make use of the 
same three days in each and every week in the months 
of April and May annually, for the purpose only of slit- 
ting Nail rods ; which days the aforesaid Committee are to 
appoint, and to give seasonable notice to the proprietors 
as aforesaid ; any law to the contrary notwithstanding. 

February 6, 1792. 

* Approved February 3, 1792. 



Religious 



290 Acts, 1791. — Chapter 24. 



1791. — Chapter 34. 

[January SesBion, ch. 8.] 
AN ACT TO ESTABLISH AND INCORPORATE A RELIGIOUS SOCIETY 
IN THE TOWN OF EASTOX IN THE COUNTY OF BRISTOL BY 
THE NAME OF THE CONGREGATIONAL PARISH IN EASTON. 

Be it Unacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
BocS ^^*« -^«^'^' *^^^^ '^^^ inhabitants of the town of Easton in 

incorporated, the County of Bristol who now usually attend and who 
shall hereafter usually attend public Avorship with the 
Cono-regational Society of the town of Easton, of which 
the fievd. William Reed is the present Minister, and who 
shall cause their names to be entered and registered with 
the Clerk of such Society, or other person or persons 
who shall be by such Society as hereinafter provided 
appointed and authorized for that purpose, shall be and 
hereby are established, denominated and made a Corpo- 
ration, Body-politic and Keligious Society, by the name 
and stile of the Congregational Parish in Easton, and shall 
have power as such, to hold meetings appoint officers, 
grant, vote, levy and collect taxes, and to do and transact 
all other matters and things which parishes within this 
Commonwealth may usually do and transact for the sup- 
port of the minister or ministers, teacher or teachers of 
relioion & morality for the said parish & Congregation, 
and'to maintain the public worship of God within the said 
town of Easton; and also to do all other matters & things 
which the said Corporation are hereinafter more especially 
impowered to do : And any person or persons usually 
attending public worship, & whose name or names shall 
be entered as aforesaid, shall be understood and held to 
be members of the said parish and Corporation, and to 
be liable to all taxes duly voted thereby, and in all other 
respects as a parishioner or parishioners there, until 1 he 
she or they shall signify in writing to the Clerk of the 
said parish for the time being, his her or their intention to 
attend public worship with some other religious society, 
and shall actually discontinue their attendance on public 
worship with said Society. 
Property vested j^nd be it further Enacted, that all monies, public 
m the Society. ^^^^^,^^^^3^ credits, and other personal estate of every 
kind, and all lands tenements and hereditaments now 
holden by the said Society, or by any person or persons 
in trust for them, or to their use, and being the property 



Acts, 1791. — Chapter 24. 291 



and right of the said Society for the purposes aforesaid, 
shall be, and are hereby vested in the said Congregational 
parish in the town of Easton, by them to be hoi den, 
improved, and managed in their said corporate capacity, 
and for the support of a public teacher or teachers and 
the maintainance of the i)ublic worship of God as afore- 
said. And the said parish in their said corporate capacity 
are hereby authorized and enabled to receive, purchase, 
take and hold for the purposes aforesaid, and in like 
manner to manage, any lands, tenements, goods, monies 
and credits, so that the whole annual income to which 
the said parish shall be intitled, and which they shall be 
capable of holding and managing as aforesaid, shall not 
at any one time, exceed the sum of one hundred, & ffty 
pounds. 

Provided nevertheless. And he it further Enacted, that Proviso, 
untill the annual income of the stock and estate of the 
said parish now holden, or which shall hereafter belong 
to them, shall in their judgment and according to their 
lawful agreements be sufficient to support a public teacher 
as aforesaid for the said parish, no part of such income 
shall be by the said parish applied or in any wise appro- 
priated or used for any other purpose than to increase the 
principal fund and estate. 

And he it further Enacted, that the Revd. William Trustees ap- 
Reed, together with Matthew Hayumrd, Ahiel Mitchell, ^°'°''"'" 
Samuel Guild, Ahisha Leach, ancl Elijah Howard, shall 
be, and they hereby are appointed and authorized as 
Trustees of the said parish to receive, take and hold in 
trust for the said parish, and to manage for the purposes 
aforesaid, untill other trustees shall be duly appointed in 
their stead, all and si[?i]gular the grants, donations and 
estates, whether real or personal, to which the said parish 
are or shall be, during the continuance in office of the said 
trustees, entitled. 

And he it further Enacted, that the said parish shall ~nPP,f "'^"^ 
annually, sometime in the month of April at a legal meet- 
ing of the Parishioners to be then holden within the said 
town of Easton and at the common meeting-house of the 
said parish, if any there l)e, appoint and authorize five 
meet persons of the said parishioners as trustees, Avho, 
being duly sworn before a Justice of the Peace, to the 
faithful discharge of their trust according to their best 
ability, shall be together with the Minister of the said 
parish, for the time being, if any, the trustees of the said 



292 



Trustees em- 
powered. 



— annually to 
exhibit their 
accounts. 



Apollos Leon 
ard, Esq. to 
issue warrant 



Acts, 1791. — Chapter 24. 

parish, and Successors of the said trustees herein before 
appointed, and shall have authority, and shall require, 
receive, take, hold, and manage for the said parish, m 
trust, and for the purposes aforesaid, all & singular the 
said monies, donations, purchases, and all other the estate 
both real and personal of the said parish : And the said 
trustees, as well those herein appointed, as those who 
shall be appointed and authorized in manner as aforesaid, 
shall have power to let to interest upon public or private 
credit as to them shall seem best, and from time to time 
to call in, demand & recover any monies ])elonging, or 
which shall belong to the said parish as aforesaid, and 
also to let to farm and otherwise in their discretion, to 
improve and manage all other the estate of the said parish 
whether real or personal, which shall be by the said Trus- 
tees received as aforesaid, and shall be allowed all reason- 
able disbursements, expences and losses which shall & may 
unavoidably or reasonably happen and arise, in the due 
execution and performance of their said trust. And the 
said Trustees shall at their annual meeting aforesaid, lay 
before the said parish a full statement in writing of all 
and singular the monies, effects credits and estate of the 
said parish in the hands of the said Trustees, and of all 
disbursements, expences & losses which shall have hap- 
pened or arisen in the execution of their said trust : And 
no sale of any land or other real estate belonging to the 
said parish; and no purchase of any real estate to be 
made by any monies, or received in exchange, unless upon 
morto-age for monies lent, being a collateral security, shall 
be valid and effectual to pass or hold such lands or tene- 
ments unless such sale or purchase shall be ordered made 
or accepted by the vote and agreement of the said parish 
at a legal meeting to be called and holden for that pur- 
pose, and wnth the consent and concurrence of a majority 
of the said trustees for the time being. 

And he it further Enacted, that the first meeting ot the 
said parish for the choice of trustees and other parish 
Officers as aforesaid, shall be called by a Warrant to 
be issued by Apollos Leonard Esqr. and shall be holden 
within the said town of Easton sometime in the month of 
April next ; and all future meetings of the said parish, 
shall be called by the said trustees ; and at the annual 
meeting for the choice of trustees as aforesaid, all other 
parish Officers shall be chosen. February 4, 1792* 

* Approved February 7, 1792. 



Acts, 1791. — Chapteks 25, 26. 293 



1791. — Chapter 25. 

[January Session, ch. 7.] 

AN ACT TO INCORPORATE THE PLANTATION OF NUMBER SEVEN, 
SO CALLED, IN THE COUNTY OF HAMPSHIRE INTO A TOWN 
BY THE NAME OF HAWLET. 

Be it enacted by the Senate ^ & House of Representa- 
tives in General Court assembled <& by the authority of 
the same, that the aforesaid plantation bounded north ^o^.^te^.'"""''" 
on Charlemont, east partly on Buchland and partly on 
Ashfield, south on Plainfield, and west on the County of 
Berkshire, be and herel)y is incorporated into a town by 
the name of Hawley, Avith all the powers privileges and 
immunities that towns within this Commonwealth have or 
do enjoy. 

And be it enacted, by the authority aforesaid, that David Esq.io^fssuT' 
8exton esquire be and hereby is impowered, to issue his warrant. 
warrant, directed to some principal inhabitant of the town 
of Hawley requiring him to notify the Inhabitants of the 
said Town qualified as the law directs to assemble and 
meet at some suitable time and place in said town, and 
chuse such Officer or Officers as towns by law are im- 
powered to chuse at their annual meeting in the month 
oi March or April. February 6, 1792* 



1791. — Chapter 26. 

[January Session, ch. 10.] 

AN ACT FOR ESTABLISHING AN ACADEMY IN THE TOWN OF 
FRY E BURG BY THE NAME OF FRTEBURG ACADEMY. 

Whereas it appears that sundry well disposed persons Preamble. 
have erected a convenient building in Fryeburg in the 
County of York and appropriated it to the nse of an 
Academy ; to effect which generous design more fully, it 
is necessary to establish a body politic. — 

Be it therefore Enacted by the Senate and House of Rep- 
resentatives in General Court assembled, & by the author- 
ity of the same that there be, and hereby is established estabu^h^ed. 
in the town of Fryeburg in the County of York, an Acad- 
emy by the name oi Fryeburgh Academy for the purpose 
of promoting piety religion and morality, and for the 
education of youth in such languages, and such of the lib- 

* Approved February 7, 1792, 



294 



Acts, 1791. — Chapter 26. 



Lands, &c. 
granted & con- 
firmed to the 
said Trustees. 



Trustees em- 
powered in 
certain cases. 



eral arts and sciences as the Trustees shall direct ; and 
that the Reverend William Fessenden of Fryeburg the 
Reverend Nathaniel Porter of Conioay in the State of 
N'ew Hampshire, Henry Young Brown esqr. of Brown- 
field, David Page, Esqr. of Conway, Moses Ames of 
Fryeburg, James Osgood of Fryeburg, James Osgood of 
ConvKiy, Simon Frye esqr. of Fryeburg, and Paul Lang- 
don of Brownfield, the pr(5sent preceptor of said Academy 
be, and they hereby are nominated and appointed Trustees 
of said Academy, and they are hereby incorporated into 
a body politic by the name of the Trustees of Fryeburg 
Academy, and they and their Successors shall be & con- 
tinue a body politic by the same name forever. 

And be it further Enacted that the said Academy be 
endowed with twelve thousand acres of land of the un- 
appropriated lands in the County of Yorlc to be laid out 
by the Committee for the sale of eastern lands and to be 
located in one or two places ; and that all the lands and 
monies heretofore given or subscribed, or which for the 
purpose aforesaid shall be hereafter given granted and 
assigned unto the said Trustees shall be confirmed to the 
said Trustees and their successors in that trust forever 
for the uses which in such instruments shall be expressed 
and they the said Trustees shall be further capable of 
having holding and taking in fee simple, by gift grant 
devise or otherwise, any lands tenements, or other estate 
real or personal — -provided the annual income of the same 
shall not exceed one thousand pounds, & shall apply the 
rents, issues, and profits thereof in such a manner, as that 
the design of the institution of the Academy may be most 
effectually promoted. 

Be it further Enacted that the said Trustees shall have 
full power from time to time as they shall determine, to 
elect such officers of the said Academy as they shall judge 
necessary and convenient, and fix the tenures of their 
respective offices, to remove any Trustee from the corpo- 
ration, when in their opinion he shall be incapable through 
age or otherwise of discharging the duties of his office, to 
fill all vacancies by electing such persons for Trustees as 
they shall judge best, to determine the times and places 
of their meetings, the manner of notifying the said Trus- 
tees, the method of electing or removing Trustees, to 
ascertain the powers and duties of their several officers, 
to elect preceptors and ushers of said academy, to deter- 



Acts, 1791. — Chapter 26. 295 

mine the duties and tenures of their offices ; to ordain 
reasonable rules, orders & bye laws, not repugnant to 
the laws of this Commonwealth with reasonable penal- 
ties, for the good government of the Academy, and ascer- 
taining the qualifications of students requisite to their' 
admission, and the same rules, orders or bye laws at their 
pleasure to repeal. 

Be it further Enacted that the Trustees of said Academy —to have a 
may have one common seal which they may change at 
pleasure, and that all the deeds signed and delivered by 
the Treasurer or Secretary of said Trustees, by their 
order, and sealed with their seal, shall when made in 
their name be considered as their deed, and as such to be 
duly executed & valid in law ; and that the Trustees of 
said Academy may sue and be sued, in all actions real, 
personal or mixed i^ prosecute & defend the same to final 
judgment & execution by the name of the Trustees of 
Fryehurg Academy. 

Be it further Enacted that the number of said Trus- -number of, 
tees and their successors shall not at any one time be 
more than thirteen nor less than nine, seven of whom 7quorum!''"'^ 
shall constitute a quorum for transacting business, and 
a majority of members present at a legal meeting shall 
decide all questions proper to come before the Trustees ; 
that a major part shall be laymen and respectable free- 
holders, — also that a major part shall consist of men, 
who are not inhabitants of the town where the Seminary 
is situated. 

Be it further Enacted that if it shall hereafter be judged J'oTerTd t7' 
upon mature and impartial consideration of all circum- g'"^™"^^/'''' 
stances by two thirds of the Trustees, that for good and i" case. 
substantial reasons which at this time do not exist the 
true design of this institution will be better promoted by 
removing the Seminary from the place where it is founded, 
in that case it shall be in the power of the said Trustees 
to remove it accordingly, and to establish it in such other 
place within the County of Yorh as they shall judge to be 
best calculated for carrying into effectual execution the 
intention of the founders. 

Be it further Enacted that Simon Frye Esqr., be and eIq".Tufhorized. 
he hereby is authorized to fix the time & place for holding 
the first meeting of the said Trustees & to notify them 
thereof. February 8, 1792* 

* Approved February 9, 1792, 



296 



Acts, 1791.— -Chapter 27. 



Limington 
corporated. 



Josiah 

Thacher, Esq. 
to issue 
warrant. 



1791. — Chapter 37. 

[January Session, ch. 9.] 
AN ACT TO INCORPORATE THE PLANTATION CALLED OSSEPEE 
' IN THE COUNTY OF TORE INTO A TOWN BY THE NAME OF 
LIMINGTON. 

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 bounded as followeth, Viz 
Beginning at Saco Eiver, at the northeast corner of the 
plantation oi Francisborough, tYience running down said 
river as it runs, to the place where the river called Little 
Ossipee, fells into said iSaco river, thence runnino- up said 
Little Ossipee river to the line of the town of \imeric 
thence north twenty two and an half degrees west, five 
miles and one quarter to the northeasterly corner of said 
town of Limeric, thence north twenty five degrees east 
to the southwest corner of a lot of land containino- about 
SIX hundred acres formerly granted to Theophilus Brad- 
bury Esqr. thence north to the place of beginning at Saco 
river, together with the inhabitants thereon be, and they 
are hereby incorporated into a town by the name of Lim- 
ington, & the inhabitants of 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. 

_ And be it further Enacted that Josiah Thacher Esqr. 
IS hereby authorized and impowered to issue his Warrant 
directed to some suitable inhabitant of the said town of 
Limington directing him to notify the inhabitants of said 
town qualified to vote in town affairs to meet at such time 
& place as he shall appoint to chuse such officers as other 
towns are impowered to chuse at their annual meetino-g in 
the month of March or April annually. '^ 

February 8, 1792.* 



* Approved February 9, 1792. 



Acts, 1791. — Chapteb 28. 297 



1791. — Chapter 38. 

[January Session, ch. 11.] 

AN ACT IN ADDITION TO, AND FOR REPEALING AND ALTERING 
PART OF AN ACT, ENTITLED " AN ACT FOR LIMITING THE TIME 
WITHIN WHICH SUITS MAY BE PROSECUTED AGAINST EX- 
ECUTORS AND ADMINISTRATORS & FOR PERPETUATING THE 
EVIDENCE OF NOTICE GIVEN BY THEM AND BY GUARDIANS 
AND OTHERS, RESPECTING THE SALE OF REAL ESTATE." 

Whereas in the third enacting clause of the aforesaid act, Preamble. 
it is provided that all claims of creditors to the estate of any 
person deceased, upon lohich an executor or admiiiistrator 
has already taken the administration, shall he exhibited 
and demanded of the executor or administrator of such 
estate within three years from the passing of said act, or 
within three years after said claim may accrue, and not 
aftei'wards ; arid that no Executor or Administrator who 
should after the passing of the said act undertake that trust 
should be compelled or held to answer to the suit of any 
creditor of his Testator or Intestate, unless the same suit 
should have been originally coinmenced within the term, of 
three years next folloiving his giving bond for the faithful 
discharge of his trust: And lohereas from the shorttiess of 
said limiited terjn, & from the want of a general knowledge 
thereof many inconveniences may accrue to the Citizens of 
this Commomvealth : 

Be it therefore eyiacted by the Senate and House oj 
Representatives in General Court assembled and by the 
authority of the same, that all & every part of said enact- Enacting clause 

*^ •^ •/ J. repGaiGQ. 

ing clause which relates to the time within which claims 
may be exhibited & suits prosecuted against Executors 
and Administrators be and hereby is repealed. 

And be it further enacted by the authority aforesaid, 
that all claims of Creditors to the estate of any person creditors to 
deceased upon which an Executor or Administrator was within a limited 
appointed before the passing of the aforesaid act shall be ""'^' 
exhibited & demanded of such Executor or Administrator 
within four years from the time of passing the act afore- 
said & not afterwards ; & that no Executor or Adminis- 
trator who has been appointed since the passing the 
aforesaid act, or who shall hereafter be appointed shall 
be held to answer to any suit that shall be commenced 
against him in that capacity, unless the same shall be 
commenced within the term of four years from the time 



298 

ProviBO. 



Acts, 1791. — Chapter 29. 

of his accepting that trust : Provided that he give notice 
of the appointment in the manner prescribed in the act 
before recited. February 14^ 1792.* 



What Inhab- 
itants may be 
held as belong- 
ing to the North 
Parish. 



1791. — Chapter 29. 

[January Session, ch. 12.] 

AN ACT IN ADDITION TO AN ACT MADE cS. PASSED THE TWENTY 
FIRST DAY OF JUNE, IN THE YEAR OF OUR LORD ONE THOU- 
SAND SEVEN HUNDRED & EIGHTY SEVEN, INTITLED, "AN ACT 
TO DIVIDE THE TOWN OF G/^££;V^^/CH INTO TWO PARISHES." 

Whereas in S by the said Act it is enacted, that such 
Inhabitants of the said Toivn as ivere not Petitioners for 
the division thereof & loere included in the South Parish 
in the said Toivn, shoidd be at liberty to belong to the 
North Parish together with their estates in the said Town, 
Provided, such Inhabitants sJiould lodge their names in the 
Secretary's Office with a certificate of their desire to belong 
to the said North Parish, within a time limited by the said 
Act; which condition ivas complied icith by the afore- 
described Inhabitants; And whereas doubts have arisen 
whether the said Estates ivill not rever-t to the said South 
Parish when those persons who returned their naines as 
aforesaid shall cease to occupy such Estates; 

Be it Enacted by the Senate & House of Pepreseyita- 
tives in Gener-al Court Assembled & by the authority of 
the satne, that from & after the passing this Act, the 
several Eeal Estates within the said Town which were 
occupied by the aforesaid Inhabitants at the time of lodg- 
ing their names in the Secretary's OflSce as aforesaid with 
the present & future occupants thereof, together with 
the personal estates of such present & future occupants in 
the said Town, shall forever hereafter be considered & 
held to belong to the said North Parish in as full & ample 
a manner as if the said Inhabitants had been included in 
the said North Parish by the dividing line between the 
said Parishes ; 

Provided nevertheless, that if any of the present owners 
& occupants of any of the Estates aforesaid shall on or 
before the first day of June next return his or her name 
to the Secretary's OiSce, certifying his or her desire of 



belonginoj unto the South Parish in 



said Town he or she 



Approved February 14, 1792. 



Acts, 1791. — Chapter 30. 299 

shall be considered as belonging to the South Parish with 
his or her Estate, with the future occupiers of the same, 
there to do duty & receive privileges. 

February 22, 1792. 

1791. — Chapter 30. 

[January Session, ch. 14.] 

AN ACT FOR REGULATING THE TAKING THE FISH CALLED 
ALE WIVES IN THEIR PASSAGE \5Y INDIAN HEAD RIVER SO 
CALLED, BETWEEN THE TOWNS OF PEMBROKE & HAN- 
OVER (IN THE COUNTY OF PLIMOVTH) INTO A POND IN 
SAID TOWN OF PEMBROKE KNOWN BY THE NAME OF 
INDIAN BEAD POND. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled & by the authority of 
the same, that there shall be sluice ways made and opened 
through, or passage ways made round, all and each of 
the dams standing on or across the river aforesaid, suffi- 
cient in the judgment of the major part of the Committee 
or Committees of the aforesaid towns of Pembroke and 
Hanover, to be chosen as is hereafter provided, for the 
passage of the said fish up the said river to the abovesaid 
Indian head pond in the town of Pembroke. 

And be it E7iacted by the authority aforesaid, that the -at the 
owner or owners of the several dams that now are or ow^'nTi-rof 
hereafter may be erected on said Indian head river, shall '*"'"*• 
make & provide such sluice ways, or passage ways as 
are by this Act required, to be opened & kept open, from 
the tenth day of April to the twentieth day of May 
annually. 

And be it further Enacted by the authority aforesaid y 
that if any owner or owners of any dams, that now are or Forfeiture in 
hereafter may be erected on or across said river, shall re- <"**^ "^ °®s'«'''- 
. fuse or neglect to open and keep open such good and 
sufficient sluice way or passage way for the term above- 
said, he shall forfeit and pay the sum oi fifty pounds, to 
be recovered by action of debt in any Court proper to 
try the same ; one moiety to him or them that shall pros- 
ecute & sue for the same, and the other moiety to the 
aforesaid towns of Pembroke & Hanover. 

And be it farther Enacted that the towns of Pembroke committee to 
and Hanover at their respective town meetings, for the 
choice of town officers in the month of March or April 
annually, shall choose at least three persons fveeholders in 



300 



Acts, 1791. — Chapter 30. 



-empowered. 



Time & place 
of taking to be 
agreed on 
by the Com- 
mittees; with 
a proviso. 



each of said towns, who shall be a Committee to carry 
this Act into effect ; any four of whom shall be a quorum, 
and shall be sworn as other town officers are to the faith- 
ful discharge of the duties of their office ; and if any 
person chosen as aforesaid, and accepting of the said trust 
shall neglect to take an oath as aforesaid within seven 
days from his being so chosen, he shall forfeit and pay the 
sum of ten shillings^ or being chosen and sworn, if he 
shall neglect to perform his duty he shall forfeit and pay 
the sum oi five pounds; the said forfeitures to be sued for 
and recovered by the Treasurer of the town where such 
offender belongs for the use of such town. 

And be it further^ Enacted, that any three of said Com- 
mittee shall have full power and authority to open, or 
cause to be opened and kept open such sluice or passage 
ways at the expense of the owner or owners of any dam 
or dams, that now are or hereafter may be erected on or 
across said stream or river, provided said owner or owners 
shall refuse or neglect to open the same, by the tenth day 
of April annually ; and said Committee are hereby em- 
powered to remove all and every obstruction to the pas- 
sage of said fish up or down said river that may be in or 
across the same, and if for the purposes mentioned in this 
Act, it shall be necessary for said Committee or either of 
them to go on the land of any person or persons through 
which said river runs, it shall not be deemed a trespass ; 
and if any person or persons shall hinder or molest said 
Committee or either of them in the execution of his or 
their office, the person so offending shall forfeit and pay 
a sum not exceeding tiventy shillings nor less than ten shil- 
lings, to be sued for and recovered by & to the use of the 
Officer against whom the offence is committed ; and said 
Committee shall not be liable to prosecution for any do- 
ings in the necessary discharge of the duties of their office. 

^And he it further Enacted, that the time when and' 
places where said fish shall be taken in said river, or any 
brook or stream discharging into said Indian head river 
ov pond, shall be agreed upon by, and be under the regu- 
lations of the Committees of the said towns of Pemhrolce 
and Hanover or the major part oi them., provided, the said 
Committee shall not authorize the taking said fish more 
than three days in a week in any of the places bcforemen- 
tioned ; and the said Committees shall post up notifications 
in two of the most public places in each of the said towns 



Acts, 1791. — Chapter 31. 301 

oi Pembroke and Hanover^ specifying the times and places 
when & where said fish shall be taken, six days at least 
before the said tenth day oi April annually. 

And he it further Enacted by the authority aforesaid, 
that if any person or persons shall presume to take any Forfeiture in 
of said fish on the river or streams aforesaid, in any other of tins act. 
way or manner than such as shall be directed by the 
aforesaid Committee or the major part of them, he shall 
forfeit and pay a sum not exceeding three po^inds, nor less 
then/or^?/ shillings at the discretion of the Justice before 
whom the same shall be tried, one moiety to him that shall 
prosecute and sue for the same, & the other moiety to the 
use of said towns of Pembroke & Hanover. 

And be it further Enacted, that no person shall be dis- uant^of'eiJher^" 
qualified from being a witness, on any trial that may be ^'l^u'a'i'iflcation 
had pursuant to this Act, on account of his being an in- as a witness. 
habitant of or belonging to either of the said towns of 
Pembroke or Hanover. — And if any person or persons 
shall be found having said fish in his or their possession, 
and there be reasonable grounds of suspicion that such 
person or persons took said fish unlawfully, he or they 
shall be subject to the penalties of this Act, unless suffi- 
cient evidence be adduced, that said fish were taken 
agreeably to the spirit & meaning of the same. 

February 22, 1792. 

1791. — Chapter 31. 

[January Session, ch. 15.] 

AN ACT FOR SETTING OFF SAMUEL HOLMES JUNR. FROM 
THE TOWN OF ST OUGHT ON & ANNEXING HIM TO THE 
TOAVN OF SHARON. 

Be it enacted by the Senate & House of Representatives 
in General Court Assembled & by the authority of the 
same. That Samuel Holmes junior, with his family & es- samuei Holmes 
tate lying in the town ot Stoughton & adjoining to the *^'° 
Line of the town of Sharon be & hereby is set oft' from 
the town of Stoughton &, annexed to & incorporated with 
the town of Sharon & forever hereafter shall be consid- 
ered as a part of the same ; 

Provided nevertheless, that the said Samuel Holmes jun- Proviso, 
ior, shall pay to the town of Stoughton his proportion of 
the Debt that Town now owes, to be computed according 
to his proportion of the last State Tax in the same way 
& manner he would have been liolden to pay the same had 
not this act been passed. February 22, 1792. 



302 



Acts, 1791. — Chapter 32. 



Proprietors 
incorporated. 



— to make ap- 
plication for 
calling meet- 
ings. 



1791. — Chapter 33. 

[January Session, ch. 13.] 

AN ACT INCORPORATING THE HONORABLE JOHN WORTHING- 
TON ESQR., & OTHERS THEREIN NAMED, FOR THE PURPOSE 
OF RENDERING CONNECTICUT RIVER PASSABLE FOR BOATS 
AND OTHER THINGS FROM THE MOUTH OF CHICKAPEE RIVER 
NORTHWARD THROUGHOUT THIS COMMONWEALTH, BY THE 
NAME OF THE PROPRIETORS OF THE LOCKS AND CANALS ON 
CONNECTICUT RIVER. 

Whereas removing the obstructions to the passing of 
Boats & other craft made use of for the jmrposes of trans- 
portation upon Connecticut river from the mouth of 
Chickapee river, so called, to the northern limits of this 
Commonwealth will he of great public utility, and John 
Wortliington Esqr. and others have petitioned this Court 
for an Act of incorporation to impoiver them to make such 
Canals S Locks, and perform such other operations as are 
necessary to remove the difficulties now attending such 
passing, <& 7nany persons under the expectation of such 
an Act have engaged to subscribe to a fund for the 
effecting the aforesaid purpose; 

Be it therefore Enacted by the Senate and House of 
Bepresentatives in General Court assembled and by the 
authority of the same, that the honble. John Worthington, 
Caleb Strong, Theodore Sedgwick, David Sexton, Samuel 
Lyman, & Samuel Fowler Esquires and Bobert Breck, 
Jonathan Dwight, Thomas Dwight, Justin Ely, Dwight 
Foster, Samuel Henshaw, Ebenezer Hunt, John Hooker 
Esqrs. Messrs. Ebenezer Lane, William Moore, Benjamin 
Prescot, Levi Shepard, William Smith, and Simeon 
Strong & John Williams Esquires & their associates and 
Successors, proprietors of such proposed Canals and Locks 
and in the funds or real estate to be raised or })urchased for 
effecting the purpose aforesaid are hereby incorporated, 
and shall l)e a Corporation forever under the name of the 
proprietors of the Locks and Canals on Connecticut river, 
and by that name may sue and prosecute, and be sued and 
prosecuted to final judgment & execution, & shall be and 
hereby are vested with all the powers & priviledges which 
are by law incident to Corporations. 

And be it further enacted by the authority aforesaid 
that the said Proprietors, or any three of them may make 
their application to any Justice of the Peace for the 



Acts, 1791. — Chapter 32. 303 

County of Hampshire requesting him to call a meeting of 

the said proprietors to l)e holclen at some convenient 

place within the town of 8pringfield in the same County ; 

whereupon such Justice is hereby impowered to issue his ^ "g^^'t^ •g™P°'^" 

Warrant to one of the said proprietors directing him to warrant. 

warn & notify said proprietors to meet at such time & 

place in said town of Spriivjjield as he shall therein direct, 

to agree on such method as may be thought })roper for 

calling meetings of said proprietors for the future, & to 

do & transact such matters & things relating to the said 

propriety as shall be expressed in said Warrant ; and the 

proprietor to whom such Warrant shall be directed, shall 

give notice to the said proprietors by causing the same or 

the substance thereof to be published in the Springfield 

& Northampton News-papers fourteen da3's before the 

holding said meeting and make return thereof under his 

hand to the same meeting to be lodged with the Clerk 

that shall be then & there chosen : And the said proprie- Proprietors 

tors may also at any legal meeting choose a Clerk, Treas- ""P"^®''® 

urer & other Othcer or Officers of the Corporation that 

they may deem necessary, & also may choose a Committee 

for regulating & ordering the afl'airs & lousiness of the said 

Corporation; and every proin-ietor shall have a right to-^-y'egai'y 

i,' . "^ '- K -,. I'l ^'°'^ '° meetings 

vote jn the pro])rietary meetino-s, accordms: to his share in proportion to 

,.. . '^ . ^ ^ , ^ J. J.- ^ • l.^ n 11 their interest. 

and interest, in person or by representation, in the rollow- 
ing ratio ; from one hundred to thj-ee hundred dollars 
inclusive, shall have one vote, from three hundred and 
one to six hu7idred dollars inclusive shall have one vote 
more, from six hundred & one, to a thousand dollars 
inclusive shall have one vote more ; & for every thousand 
above a thousand dollars shall have one vote more, — pro- 
vided no one proprietor shall have more than ten votes : 
All representations to be proved in writing signed by the 
person making the same by special appointment ; which 
shall be filed wath, & recorded by the Clerk ; and this act 
and all rules, regulations and votes of the said Corporation 
shall be fairly and truly recorded by the said Clerk in a 
Book or Books, for that purpose to be provided & kept. 

Provided, that whereas it may become necessary in the Proviso, 
prosecution of the foregoing business, that the property 
of private persons, may (as in the case of highways) be 
appropriated for the public use, and in order that no per- 
son may be damaged in his property by the cutting or 
making Canals through his land l)y removing mills or 



304 



Acts, 1791. — Chapter 32. 



Compensations 
obtained for 
damage of 
property. 



Committee ap- 
pointed to 
estimate 
damages. 



Clerk to issue 
execution; with 
provisos. 



mill dams, diverting water courses, or flowing his land 
by the proiirietors aforesaid for the purpose aforesaid 
without receiving adequate compensation therefor, 

Be it enacted by the authority aforesaid, that in all 
cases where any person shall be damaged in his property 
by the said proprietors for the purposes aforesaid in 
manner as is above expressed or in any other Avay, and 
the proprietors aforesaid do not within twentj^ days after 
being requested thereto, make or tender reasonable satis- 
faction to the acceptance of the person damaged l)y them 
as aforesaid, the person so damaged may apply to the 
Court of General Sessions of the peace for the County of 
Hampshire to have a Committee appointed by said Court 
at his own expence to estimate the damage so done ; and 
the said Court are hereb}' authorized and impowered by 
Warrant under the seal thereof upon such application 
made, if within one year from the time of the damage 
done as aforesaid, to appoint a Committee of five dis- 
interested free holders in the same County, to estimate 
such damages, which Committee shall give seasonable 
notice to the persons interested, and to the Clerk of the 
proprietors aforesaid, of the time & place of their meeting, 
& they shall be under oath to perform the said service 
according to their best skill and judgment ; which having 
done, they or the major part of them, shall make return 
thereof under their hands & seals to the next Court of 
General Sessions of the Peace to be holden in said County 
after the same service is performed, to the end the same 
may be accepted, allowed and recorded ; and the Com- 
mittee so appointed are impowered and required to 
estimate the said damage, and make return thereof as 
aforesaid ; & if the estimate of the Committee be accepted 
by the Court, the Clerk of said Court is hereby authorized 
and directed on application therefor, to issue an execution 
against the property only of the Corporation, or of any 
individual belonging thereto, for the sum so adjudged in 
damages, provided the same is not paid within the term 
of twenty days after the acceptance of said report, and 
likewise for the costs of the Committee and fees of the 
Court, both to be allowed by the Court ; provided the 
sum of damages estimated by the Committee, exceed 
the sum so tendered ; But in case the proprietors actually 
tendered to the person complaining, before the complaint 
was exhibited, a sum as great as that allowed by the 



Acts, 1791. — Chapter 32. 305 

Court in damages, then nothing to be included in the 
execution for Costs of the Committee or Court : The 
Execution to be issued by the Clerk of the Court, to be 
in the same terms, mutatis onutandis, and returnable in 
the same time, as if judgment had been rendered against 
said Corporation for a like sum in damage on process, in 
the Court of Common pleas. And if any iierson find courtofSeB- 

1 • M' • 11 1 1 • r. 1 • n^M • 810118 to hear 

himseli agrieved by the domgs of the said Committee m and determine 
estimating damages, he may apply to the said Court of appeal" 
General Sessions, provided such application be made to 
the same Court at the next session thereof in the same 
County after the acceptance of such return ; & said Court 
is hereby impowered to hear, and finally determine the 
same by a Jury, under oath, to l^e summoned by the 
Sherift'or his deputy for that purpose, if the person com- 
plaining desires the same, or by a new Committee if the 
person complaining, and the proprietors can agree thereon ; 
and if the Jury or Committee agreed upon as aforesaid, 
who are to be under oath shall not encrease the sum of 
damages, the person complaining shall be at the cost 
incurred on that occasion, to be taxed against him by said 
Court ; otherwise such cost & increase of damages shall 
be paid by the proprietors, & execution to issue therefor 
in manner as before expressed. And it shall be the duty coramitteeem- 
of such Committee or Jury, on application of either of appitcatlon^of 
the parties, and reasonable notice given to all persons the parties- 
interested, to determine where, and how many Bridges 
shall be made & maintained by said proprietors, over the 
Canals aforesaid, & how the same shall be constructed, 
& what damages shall be paid by the proprietors for 
neglecting to make and maintain such Bridges ; & the 
report of such Committee or the virdict of such Jury, 
being returned into the same Court and being allowed 
& recorded shall be a sufficient bar against any action 
brought for damages as aforesaid ; saving only, that 
where the sum of damages is not estimated at a sum in 
gross for the full satisfaction thereof, but a yearly sum is 
assessed, in such case the Complainant shall be intituled 
to an action of debt for the recovery of the same, so often 
as the same becomes due during the continuance of the 
damage done or suffered as aforesaid, and also for the 
recovery of the damages for neglecting to make & maintain 
the Bridges aforesaid so often as the same is demandable. 



306 Acts, 1791. — Chapter 32. 

Penauies in case jind be it further Enacted, that if any person or per- 
or Injuring sons shall willfullv, maliciously & contrary to law, take 

locks ^t canals. , ii ti j^i* i -p 

up, remove, break down, dig under or otherwise damnify 
any Dam, Canal or Lock, made use of for inclosing water 
for the purposes aforesaid, or any part thereof or shall 
divert or obstruct the waters of any stream running to 
or from any pond. Canal, or reservoir, used, adapted & 
designed for the purposes aforesaid, or shall cut down, 
damnify, carry away, or set afloat to be carried away, any 
boards, plank, joist or other timber or materials used, or 
to be used in or about any of said works, or shall be 
aiding or assisting in any of the trespasses aforesaid, he 
shall for every such offence forfeit and pay to the pro- 
prietors aforesaid treble the value of such damages as the 
Proprietors aforesaid shall, to the Justice or Court and 
Jury before whom the trial shall be, make appear that 
they have sustained by means of the same trespass, to 
be sued for and recovered in any Court proper to try the 
same ; and such offender or offenders shall be liable to 
presentment by the Grand Inquest of said County of 
Hampshire for any offence or offences against this Law, 
and on conviction thereof on such presentment l)efore the 
Court of General Sessions of the Peace for said County, 
or before the Supreme Judicial Court shall l)e liable to 
pay a fine to the use of the Commonwealth of not more 
than twenty pounds nor less than Jive jjowids, or be im- 
prisoned for a term not more than three months nor less 
than thirty days at the discretion of the Court before 
whom the Conviction shall be. 

And be it farther enacted by the authority aforesaid, 

Property vested that tlic proprietors aforesaid be, and they hereby are 

ration. °''^° aiithoi'ized and impowered to purchase and hold to them 
& their successors forever, so much land & real estate, 
as may become necessary for carrying into effect the pur- 
poses aforesaid. 

And be it further enacted by the authority aforesaid, 

Established t^^&t fov tlic purposc of reimbursing the said proprietors, 
the money by them expended or to l)e expended in build- 
ing and supporting the dams Canals and Locks, and in 
clearing the passages necessary for the purposes aforesaid, 
a toll be and is hereby granted & established for the sole 
benefit of the said proprietors according to the rates fol- 

- rates of- lowing ; — For every ton weight which shall be transported 
in Boats or other Vessels through the Locks and Canals 



Acts, 1791. — Chapter 32. 307 

between the mouth of Cliicka'pee river in Springfield, and 
the mouth of 8toney Brook in South Hadley, the sum of 
four shillings & six pence, — for every thousand feet of 
Boards passing through the same Locks and Canals, the 
sum of four shillings & six pence, — for plank and square 
timber in proportion to the rate last mentioned, & for 
all other lumber floated on raft or otherwise through the 
same Locks & Canals, in the same proportion, for every 
ton weight which shall be transported in Boats or other 
Vessels through the Locks and Canals between the mouth 
of Deerfield river, and the head of Miller's Falls, so called, 
the sum of five shillings and six pence, — for every thou- 
sand feet of boards passing through the Locks & Canals 
last mentioned two shillings and six pence, and for other 
lumber in the same proportion; — & every boat or other 
Vessel passing through the same Locks & Canals shall 
pay at the rate of one shilling for every ton burthen it is 
capal)le of conveying, whether the same is loaded or not. 

And be it further enacted by the authority aforesaid, 
that there shall be toll gatherers & others whose business Ton^gaihjjiers 
it shall be to attend the Locks in the day time, who shall -their duty. 
give constant attendance at their respective stations, dur- 
ing the whole of the season for Boats or Rafts to pass, 
and on the toll being paid, shall immediately permit pas- 
sengers with their property to pass the Locks : And the 
said toll shall commence on the day of the opening said 
Locks and Canals for the purposes aforesaid, and shall 
continue forever ; Provided that Avhen fifty years from 
the first opening thereof, are expired, the General Court 
from thence forward may regulate the rate of toll ; & 
the same shall be collected in such manner as shall be 
prescribed by the said Corporation. 

And be it further enacted by the authority aforesaid that Hg!^ted''to o're°c''t" 
the proprietors aforesaid, shall erect, keep up, & forever l'"^'!.^^'"^^'^,^ 
maintain such Dams, Canals & Locks, & shall also so clear 
the passages of the river aforesaid between the mouth of 
Ghickapee river, so called, in Springfield & the mouth 
of Stoney Brook, so called, in South Hadley, & between 
the mouth of Deerfield river, so called, and the head of 
Miller's falls, so called, in Connecticut river, as that rafts 
and floats of timber not exceeding twenty feet in width 
or sixty feet in length, may pass securely down, & that 
Boats and other Craft usually made use of for trans- 
porting goods in Connecticut River aforesaid, within this 



308 



Acts, 1791. — Chapter 83. 



Act to be void 

In case- 



Common wealth, may pass securely up and down between 
the places abovementioned at all seasons of the year when 
the other parts of said river are passable up and down 
by such Boats or other Craft for transportation ; and 
that they shall keep & expose to view, when required, 
the rates of toll of the tollable articles, fairly & legibly 
written or printed, at the several places where the toll 
shall be received. 

And be [it] further enacted by the authority aforesaid, 
that if the said Proprietors shall refuse or neglect for the 
space of four years after the passing of this act to build 
and compleat such dams Canals and Locks, and to clear 
the passages of the river between the places first above- 
mentioned, so as to be passable in manner as aforesaid, 
then this act, so far as it respects the same shall be void, 
and of no effect ; And if the said Proprietors shall neglect 
or refuse for the space of six years after passing this Act 
to build and compleat such dams, canals and locks and 
to clear the passages of the river between the mouth of 
Deerfeld liiver and the head of Millers falls aforesaid, 
so as to be passable in manner as aforesaid, then this act 
shall be void, and of no effect, so far as respects the Locks 
and Canals last mentioned. February 22, 1792 * 



Laws repealed 
& Parishes 
dissolved. 



1791. — Chapter 33. 

[January Session, ch. 16.] 

AN ACT FOR DISSOLVING THE FIRST & SECOND PARISHES IN 
MALDEN & FOR CONFIRMING CERTAIN ARTICLES OF UNION 
ENTERED INTO BETWEEN THE SAID PARISHES. 

Whereas the first & second parishes in Maiden in the 
County of Middlesex by certain articles of agreement mu- 
tually made S duly ratified by both Parishes on the twenty 
fourth day of January last past, have agi-eed to finite for 
the purpose of supporting the Public Worship of God in 
said town, & have petitioned this Court to give operation & 
effect to said Agreement, the granting whereof ivill probably 
tend to the Peace <& Welfare of said Town : 

Be it therefore Enacted by the Senate c6 House of Rep- 
resentatives in General Court Assembled & by the author- 
ity of the same, that all Laws heretofore made & passed 
by force of which said Second Parish was erected & does 
now exist as a distinct body Politic, be & the same are 



Approved February 23, 1792. 



Acts, 1791. — Chapter 34. 309 

hereby repealed, & that both the yaid Bodies Politic or 
Parishes be & the same hereby arc dissolved. 

Provided, nevertheless, that they shall still continue to Proviso. 
exist so far as to enable them to carry any legal contract 
by them heretofore made with their Ministers or any other 
persons into execution & to sue for & recover any debts 
due to them, & that they shall remain liable to be sued for 
any delits, due from them in the same manner as if this 
Act had not been made. 

And he it further Enac led, that for the future, the in- inhabitants 
habitants of the said Parishes shall & may unite cS; shall '""P"'^'"'*'*- 
have power & be held as a Town, to choose, settle & make 
l)rovision for the support of a pul)lic teacher or teachers 
of piety religion & morality & of the Public Worship of 
God, in said Town in the same way & manner as other 
towns are authorized & held by Law to do, & as the 
said Town of Mat den was authorized & held to do pre- 
vious to it's division into parishes, any law, usage or 
custom to the contrary notwithstanding. 

And be it further Enacted, that the Articles of Agree- Articles of 
ment aforesaid entered into by said Parishes as the foun- confirmed. 
dation of their Union, be & the same hereby are ratified 
& confirmed & declared to be binding upon said Town. 

February 22, 1792* 

1791. — Chapter 34. 

[January Session, oh. 17.] 

AN ACT FOR ENQUIRING INTO THE RATEABLE ESTATES 
WITHIN THIS COMMONWEALTH. 

Be it enacted by the Senate <& House of Representatives 
in General Court assembled <& by the authority of the 
same, that the Assessors for each Town District, & Plan- Assessors to 
tation in this Commonwealth, for the year One thousand hl'thi'Bec're"''^^ 
seven hundred & ninety two, shall on or before the tenth va"iuation "of " 
day of October next, take and lodge in the Secretary's ""Estates. 
Ofiice a true & perfect list, agreeably to the list hereunto 
annexed of all male polls induding Negroes & Molattocs 
sixteen years old & upwards whether at home or abroad, 
(distinguishing those of sixteen years old & upwards to 
twenty one years, from those that are twenty one years 
old & upwards, also distinguishing such as are exempted 
from taxation) & of all rateable estate both real & personal 

* Approved February 23, 1792. 



310 Acts, 1791. — Chapter 34. 

lying within, or adjacent to their respective towns Dis- 
tricts or Plantations (not exempted by law from paying 
State taxes) expressing by whom occupied or possessed, 
particularly distinguishing such adjacent estate, & par- 
ticularly mentioning dwelling Houses & Shops under the 
same roof or adjoining thereto, Shops seperate from them, 
Distill Houses, Sugar Houses, Tan Houses, Slaughter 
Houses, Pott and Pearl-ash works. Ware Houses, 
Wharves, Grist-mills, Fulling-mills, Saw-mills, Iron 
works and Furnaces, Bake-houses, & all other buildings 
& edifices of the value of Jive pounds & upwards ; and the 
number of tons of Vessels & small Craft of every kind 
upwards of five tons burthen computing the same accord- 
ing to the rules established by the laws of the United 
States, whether at home or abroad, — and the amount of 
each person's whole stock in trade, including all Goods, 
Wares, and Merchandize at home or abroad paid for, or 
not paid for, also those in their hands by factorage, — also 
Government securities of all kinds, particularly distin- 
guishing securities of the United States, whether due for 
loans upon their late established funds or otherwise, and 
all other monies at interest more than any Creditor pays 
interest for, also the whole amount of all monies on hand 
including such as may be deposited in any Bank or with 
any Agent, exclusive of such as may belong to any Stock- 
holder, as such, — the amount of stock held by the Stock- 
holders in any Bank, the number of ounces of plate of 
all kinds. Horses, Neat Cattle, & Swine of the respective 
ages in the said list mentioned : And the said Assessors 
in taking the said Valuation shall distinguish the differ- 
ent improvements of land, & return the list in the follow- 
ing manner : Viz. The number of acres of pasture land 
with the number of Cows the same, with all the after feed 
of the whole farm will keep, — the number of barrells 
of Cyder that has been annually produced on an average, 
upon the whole farm since the last valuation, — the number 
of acres of tillage land annually improved for that pur- 
pose, — Bushels of grain & corn of all sorts the same will 
yearly produce, — the number of acres of salt-marsh, with 
the tons of Hay annually produced therefrom, — the num- 
l>er of acres of English, Upland, & Fresh meadow mowing 
land with the tons of Hay of each sort annually pro- 
duced therefrom, — also all Cow rights, & all Woodland 
of every kind, & lands belonging to any town or other 



Acts, 1791. — Chapter 34. 311 

propriety, improved and unimproved, also the number of 
acres of land improved for roads, & covered witli water, 
according to the best estimation of the Assessors, & all 
such lands, the owners or occupiers of which are holden 
to pay a (piit-rent to Harvard College pursuant to the di- 
rection of the original Donor or Donors, that the same 
may be considered in the Valuation that may be estab- 
lished in pursuance of this Act ; excepting however the 
l)olls of the President, Fellows, Professors, (including 
the Professor of Divinity emeritus) Tutors, Librarian & 
Students of Harvard College, of settled Ministers, of 
Grammar School Masters, & Masters of the several incor- 
porated Academies with their estates, under their own 
actual occupation & improvement, and also all the estates 
belonging to Harvard College, & the said Academies ; — 

Provided always, that the several articles of the prod- P'o^'so. 
uce of the lands herein before enumerated, shall not be 
taken into consideration in forming a Valuation for any 
other purpose, than for ascertaining the relative value of 
lands in the various parts of this Commonwealth : And 
the said Assessors shall cause all the Colum[?i]s of the 
several articles contained in their several lists to be 
carefully cast up and footed, and the lists of the polls & 
rateable estates to be taken as aforesaid, shall be taken as 
of the first day of May next. 

And he it further Enacted by the authority aforesaid, 
that the said Assessors, before they enter on this work, t^lTnT^ '° ^^ 
shall take the following oath ; Viz. — 

You, A B, being chosen an Assessor, for the year One Oath. 
thousand seven hundred & Ninety two, do swear, that 
you will faithfully & impartially, according to your best 
skill & judgment, do & perform the whole duty of an 
assessor, as directed and enjoined by an Act of this 
Commonwealth, made in the present year, intitled, "An 
Act for enquiring into the rateable estates within this 
Commonwealth," without favor or prejudice. 

So help you GOD. 

Which oath may be administered by such OflScers, as iVte^edV/.""'" 
are now authorized by law to administer the usual oaths 
to Town Officers. And every Assessor shall be allowed 
by the Town, District or Plantation to which he belongs, 
the sum oi four shillings for every day he shall be neces- 
sarily imployed, in doing the duties enjoined by this Act. 



:]12 



Acts, 1791. — Chapter 31. 



ABBcssors sub- 
jected to a 
penalty, incaBc, 



Pei-BODs liable 
to be taxed, 
refusing to 
give in a valua- 
tion, to be 
doomed. 



And be it further Unacted by the authority aforesaid^ 
that if any Assessor of any town, District, or Plantation 
within this Commonwealth, for the year aforesaid, shall 
refuse to take said oath, or having taken the same, shall 
neglect or refuse to do, or perform the duties required liy 
this Act, or shall act any way deceitfully therein, shall for 
each of those offences forfeit and pay a line o^ Fifty j)Oundfi. 
— And every person liable to be taxed, & not out of this 
Commonwealth, on & from the first day of May next, to 
the first day of September next, who shall refuse, or will- 
fully neglect to give the Assessors in writing ; & on oath if 
required, (which oath the Assessors are hereby respec- 
tively impowered to administer) a true account of all his 
or her rateable estate, according to the true intent and 
meaning of this Act, shall be doomed by the said Assess- 
ors according to their best skill and judgment, to the full 
amount of his or Jier rateable estate, & shall likewise be 
subjected to pay a fine of six per centum on the whole 
amount of the sums, in which they shall have been thus 
doomed by said Assessors : And the oath last mentioned 
shall be of the form following, Vizt. 

You C D. DO SWEAR, that all your rateable estate, con- 
formable to this list here shewn by you, doth not ex- 
ceed this account by you now exhibited, according to 
the best of your knowledge and judgment. 

So help you GOD. 

Provided nevertheless, and it is hereby further Enacted, 
that every person conscienciously scrupulous of taking an 
oath in form required by law, who shall be required to take 
either of the oaths aforesaid, shall be excused therefrom, 
upon solemnly and sincerely affirming the truth of the 
declarations therein contained, under the pains & penal- 
alties of perjury. 

And be it further enacted that the Treasurer of this 
Commonwealth, shall forthwith transmit to the Clerk of 
each Town District & Plantation in this Commonwealth, 
a copy of this act ; and also a suitable number of blank 
lists, of the form prescribed in this Act, for the use of the 
Assessors. 

It is also hereby further enacted that the Assessors of 

each Town, District, & Plantation in this Commonwealth, 

wuhin riYmUed for the year One thousand seven hundred & ninety two, 

shall on or before the said tenth day of October next trans- 



Town Clerks to 
have copies of 
this act. 



AsHesBors to 
give the Secre 
tary a copy of 
the valuation 



time. 



Acts, 1791. — Chapter 34. 313 

mit to the Secretiiry's OiBcc, a true & attested copy of the 
Val tuition, by which the Assessors of said Towns, Dis- 
tricts & Phuitations, made the tax in their respective 
towns Districts and Plantations, for the year One thou- 
sand seven hundred & ninety one. And all fines and 
forfeitures, arising by this Act may be recovered in any 
Court of Record proper to try the same, by action of 
debt : One moiety to him or them who shall sue for the 
same, & the other moiety to the use of the Commonwealth. 

And be it further Enacted by the authority aforesaid, 
that the following shall be the form of the list for the 
Valuation, for the year One thousand seven hundred and 
ninety two : 

A LIST of the polls and of the Estates real and per- Form of the 
sonal of the several proprietors and inhabitants of the ^'''"''^'''" '"'• 
Town of in the County of taken pursuant 

to an Act of the General Court of the Commonwealth, in- 
titled, "An Act for enquiring into the rateable estate of 
this Commonwealth"; passed in the year of Our Lord, 
One thousand seven hundred & ninety two, by the sub- 
scribers Assessors of the said duly elected & 
sworn . 

No. Polls rateable, sixteen years old & upwards to 
twenty one years. 

No. Polls rateable twenty one years old & upwards. 

No. of Male polls not rateable, not supported l)y the 
Town. 

No. of Male polls not rateable, supported by the town. 

No. of Dwelling Houses. 

No. of Shops within, or adjoining to Dwelling Houses. 

No. of Other Shops. 

No. of Distill Houses. 

No. of Sugar Houses. 

No. of Tan Houses. 

No. of Slaughter Houses, & other working Houses. 

No. of Pott & Pearl ash Works. 

No. of Ware Houses. 

No. of superficial feet of Wharf. 

No. of Rope Walks. 

No. of Grist Mills. 

No. of Fulling Mills. 

No. of Saw Mills. 

No. of Slitting Mills. 

No. of other Mills. 

No. of Iron Works & Furnaces. 



314 Acts, 1791. — Chapter 34. 

No. of Bake Houses. 

No. of Barns. 

No. of all Buildings & Edifices of the value of Jive 
iwunds, & upwards. 

No. of tons of Vessels, & small Craft, of five tons bur- 
then & upwards, at home or abroad, computing the same, 
according to the rules established by the laws of the 
United States. 

The amount of funded securities of the United States, 
at six per cent. 

Do. at three per cent. 

Do. not on interest. 

All other securities of this, or any of the United States 
on interest. 

The amount of money on hand, including such as may 
be deposited in any Bank, or with any Agent, & exclusive 
of such, as may belong to any Stock holders, as such. 

The amount of Stock held by the Stockholders in any 
Bank. 

No. of ounces plate. 

No. of acres of tillage land, including orcharding tilled. 

No. of Bushells of Wheat. 

No. of Bushells of Rye. 

No. of Bushells of Oats. 

No. of Bushells of Indian Corn. 

No. of Bushells of Barley. 

No. of Bushells of Peas and Beans, raised on the said 
tillage land per year. 

No. of acres of English & Upland mowing, including 
orcharding mowed. 

No. of tons of Hay the yearly produce of the same. 

No. of acres of fresh meadow. 

No. of tons of Hay, the yearly produce of the same. 

No. of acres of Salt marsh. 

No. of tons of Hay, the yearl}^ produce of the same. 

No. of acres of pasturage, including the orcharding- 
pastured. 

No. of Cows the same will keep, Avith the after feed on 
the whole fiirm. 

No. of Barrells of Cyder which can be made yearly 
upon the whole farm. 

No. of Cow rights. 

No. of acres of Woodland, not including pasture land 
enclosed. 

No. of acres of unimproved land. 



Acts, 1791. — Chapter 35. 315 

No. of acres of land iinimproveable. 

No. of acres of land owned by the town. 

No. of acres of land owned by any other proprietors. 

No. of acres of land used for roads. 

No. of acres of land covered with water. 

The amount of every person's whole stock in trade, — 
Goods, Wares & Merchandize, at home or aliroad i)aid 
for, or not paid for. 

The annual amount of commissions arising from factor- 
age. 

No. of Horses three years old, and upwards. 

No. of Oxen four years old, & upwards. 

No. of Steers & Cows three years old, & upwards. 

No. of Swine six months old, & upwards. 

Amount of Estates doomed. 

February 23, 1792. 

1791. — Chapter 35. 

[January Session, ch. 18.*] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF BUILDING A BRIDGE OVER MERRIMACK RIVER 
IN THE COUNTY OF ESSEX & FOR SUPPORTING THE SAME. 

Wliereas the erecting a bridge over Merrimack river preamble. 
between the towns of Newbury and Salisbury in the County 
of Essex will be of great public convenience ; and whereas 
Nathaniel Carter esquire and others have presented a peti- 
tion to this Court, setting forth that they with divers other 
persons have associated for the purpose of building said 
bridge, and praying for liberty to build the same, and to 
be incorporated for that purpose: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled and by the 
autliority of the same, that Nathaniel Carter, Tristram, proprietors 
Dalton and Stephen Cross esquires, Messieurs William incorporated. 
Coombs, Moses Brown, Timothy Dexter, George Searle, 
Joseph Tyler & Dudley Atkins Tyng esquire with such 
other persons as have with them associated as aforesaid, 
and all those who may hereafter liecome proprietors 
in the said bridge, be and they hereby are made and 
constituted a corporation and body politic for the pur- 
[)Ose aforesaid, by the name of The Proprietors of Essex 
Merrimack Bridge, and by that name may sue and be 
sued to final judgment and execution, and do and suffer 

* Wrongly numbered in session pamphlet; should be ch. 19. 



316 



Acts, 1791. — Chapter 35. 



— may call a 
raeeling. 



To choose offi- 
cers. 



Establish 
bye-laws. 



Allowed to 
build a bridge. 



Empowered to 
purchase & 
hold- 



all matters acts and things which bodies politic may or 
ought to do or safier ; and the said corporation shall and 
may have and use a common seal and the same may break 
and alter at pleasure. 

And be it furUier enacted by the authority aforesaid, 
that the said Nathaniel Carter, Stejjhen Orof^s and Wil- 
liam Coombs or any two of them, may by advertisement 
in the Essex Journal, warn or call a meeting of the said 
proprietors to be holden at any suitable time and place 
after live days from the first publication of the said adver- 
tisement ; and the proprietors by a vote of the majority of 
those present or represented at the said meeting (account- 
ing and allowing one vote to each single share in all cases, 
pi'ovided however that no one proprietor shall be allowed 
more than ten votes) shall choose a Clerk who shall be 
sworn to the faithful discharge of his said office, and shall 
also agree on a method of calling future meetings, and at 
the same or any subsequent meetings may elect such offi- 
cers & make & establish such rules and bye-laws as to 
them shall seem necessary or convenient for the regulation 
and government of the said corporation for carrying into 
effect the purpose aforesaid and for collecting the toll 
herein after granted and established ; and the same rules 
and bye-laws may cause to be executed and may annex 
penalties to the breach thereof not exceeding three pounds, 
provided the said rules and byelaws are not repugnant to 
the constitution or laws of this Commonwealth : And all 
representations at any meetings of the said corporation 
shall be proved by writing signed by the person to be rep- 
resented, which shall be filed with the Clerk : And this 
Act and all rules bye laws, regulations and proceedings 
of the said corporation shall be fairly and truly recorded 
by the said 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 proprietors be and they are hereby per- 
mited & allowed to erect a bridge over Merrimach river, 
from a place called the Pines in Newbury aforesaid to 
Deer Island so called, & from the said Island to Salisbury 
aforesaid. 

And be it farther enacted by the authority aforesaid, 
that the said proprietors be and they are hereby author- 
ised and empowered to purchase Deer Island aforesaid, to 
hold the same in fee simple ; and that the share or shares 
of any proprietor in the said Island and Bridge may be 



Acts, 1791. — CnArTER 35. 317 

transferee! by deed acknowledged, & recorded by the 
Clerk of the said proprietors in a book to be kept for that 
purpose : And when any share or shares of the said bridge 
& Island shall be attached as the property of any of the 
said proprietors on mesne process, an attested copy of 
such process shall be left with the Clerk of the said pro- 
prietors at the time of such attachment otherwise the same 
shall be void. 

And he it further enacted hy the authority aforesaid, 
that for the purpose of reimbursing the said proprietors Atoii 
the money by them to be expended in building and sup- «^'"^"«''e''- 
porting the said bridge, a toll be and hereby Is granted 
and established for the sole benefit of the said proprietors 
according to the rates following; viz; — For each foot pas- Rateof- 
senger two thirds of a penny ; For each horse and rider 
tivo pence; For each horse and chaise chair and sulkey, 
seven pence; For each riding sleigh drawn by one horse 
six pence; For each riding sleigh drawn by more than one 
horse nine pence ; For each coach chariot phaeton or other 
four wheel carriage for passengers one shilling and six 
pe7ice; For each curricle one shilling ; For each cart, sled, 
sleigh or other carriage of burthen drawn by one beast six 
pence; For each waggon cart sled sleigh or other carriage 
of burthen drawn by more than one he&st nine pence ; For 
each horse or neat cattle exclusive of those rode or in car- 
riages tivo pence ; For sheep and swine ttvo thirds of a 
penny; and to each team one person and no more shall be 
allowed as a driver to pass free of toll ; and at all times 
when the toll gatherer shall not attend his duty, the gate 
or gates shall be left open; and the said toll shall com- to continue 
mence on the day of the first opening of the said l)ridge ^"^ y^""- 
for passengers and shall continue for the term of fifty 
years from said day ; provided nevertheless the Legislature proviso. 
shall have a right after the expiration of thirty years to 
regulate & determine the rate of toll and said Ijridge shall 
be kept in good safe and passal)le repair, and at tlie end 
of the said term shall revert to & ])e the property of this Bridge to revon 
Commonwealth, and be delivered by the proprietors, in wel^th?°™"°° 
like repair. 

And he it further enacted hy the authority aforesaid, 
that the said bridge shall be at least thirty feet wide ; Dimeneione of 
that ])etween Newbury & Deer Island there be an arch '^"''^e. 
one hundred and sixty feet wide, — that between Deer 
Island and Salisbury there be an arch one hundred & 
forty feet wide, a convenient draw or passage way for the 



318 Acts, 1791. — Chapter 35. 

passing and repassing of vessels at all times fifty feet wide, 
with well constructed substantial and convenient piers on 
each side of the bridge and adjoining said draw, sufficient 
for vessels to lie at securely ; and also another arch fifty 
feet in width ; and that the crown of the arch between 
Neivhury & Deer Island be at the least forty feet high, and 
that each of the abutments thereof be twenty eight feet 
six inches high in the clear, above common high water 
mark ; and that all the abutments & piers be built of wood 
below high water and laid in the cob work manner, so 
called ; and that the bridge be covered on the top with 
plank or timber, & the sides be boarded up two feet high 
and be railed, for the security of passengers, four feet 
high at the least, and the same shall be kept in good safe 
& passable repair, and that said draw shall be lifted for 
all ships and vessels without toll or pay, by night and by 
day ; and all ships and vessels intending to pass the said 
draw, shall lie free of charge at the wharf or pier until a 
suitable time shall ofier for passing the same. And said 
proprietors shall constantly keep some suitable person 
or persons at said draw for lifting up the same for the 
purpose aforesaid, and also an anchor placed in the bed of 
the river at a proper distance on each side of the bridge, 
with a bony & such other accommodations as shall be neces- 
sary for the safe passing and repassing of vessels through 
the said draw, and shall keep said bridge furnished with 
at least five good lamps on each side of the same, which 
shall be well supplied Avith oil and kept burning through 
the night. 

And be it further enacted by the authority aforesaid. 
Compensation that witliiu ouc vear after the said brid<>:e shall be o]:)ened 
for passengers, the said proprietors shall pay to John 
Webster and Joseph Swazey, and also to the town of 
/Salisb^iry, all such sums of money as shall be respectively 
awarded to them or either of them, by three indifl^erent 
men mutually chosen by the parties, as a full compensa- 
tion for any injury sustained by them respectively, by the 
erecting of the said bridge ; & in case of the refusal of 
either of the parties aforesaid to appoint such referees, the 
Judges of the Court of Common pleas for the County of 
Essex shall ascertain and adjudge said compensations after 
due notice to all concerned. 

And be it further enacted by the authority aforesaid^ 
that if the said proprietors shall neglect for the space of 



for damages 



Acts, 1791. — Chapter 36. 319 

four years from the passing of this Act, to build the said 
bridge, then this Act shall be void & of none effect. 

February 23, 1792.* 

1791. — Chapter 36. 

[January Session, ch. 17. f] 

AN ACT FOR INCORrORATING THE NORTH PRECINCT OF THE 
TOWN OF BRAINTREE IN THE COUNTY OF SUFFOLK, INTO 
A SEPERATE TOWN BY THE NAME OF QUINCY, AND FOR 
ANNEXING SUNDRY INHABITANTS OF THE TOWN OF DOR- 
CHESTER, WITH THEIR ESTATES TO THE SAID TOWN OF 
QUINCT. 

Be it enacted, hy the Senate and House of Representa- 
tives in General Court assembled S hy the autJiority of the 
same, that the lands comprized within the north precinct Quincy incoi- 
of the town of Braintree, as the same is now bounded, p"''"''"^- 
with the inhabitants dwelling thereon be, and they hereby 
are incorporated into a town l)y the name of Quincy, and 
the said town is hereby invested with all the powers, 
privileges and immunities to which towns within this 
Commonwealth are or may l)e entitled agreeable to the 
Constitution and Uiavs of the said Commonwealth. 

Be it further enacted hy the authority aforesaid, that -to pay 
the inhabitants of the said town of Quincy shall pay all 
the arrears of taxes which have been assessed upon them 
by the town of Braintree, & shall support any poor per- 
son or persons who have heretofore been or now are 
inhabitants of that part of Braintree which is hereby in- 
corporated, and are or may become chargeal)le, and who 
shall not have obtained a settlement elsewhere, when they 
may become chargeable, and such poor person or persons 
may be returned to the town of Quincy in the same way 
and manner, that paupers may by law, be returned to the 
town or district to which they belong. And the inhab- 
itants of the said town of Quincy, shall pay their propor- 
tion of all debts noAV due from the said town of Braintree, 
and shall be entitled to receive their proportion of all 
debts and monies now due to the said town of Braintree, 
and also their proportionable part of all the other pro})erty 
of the said town of Braintree, of what kind or description 
soever. 

* Approved February 24, 1792. 

t Wrongly numbered in session pamplilet; should be ch. 18. 



anears of 
taxes. 



320 



Acts, 1791. — Chapter 37. 



Persons and 
estnies set ofi 
to the town o 
Quincy. 



— to pay 
arrears of 
taxes. 



Richard 
Cranch, Esq 
issue 
warrant. 



Provided alivays, that the lands belonging to the said 
town oi Braintree for the purpose of maintaining schools 
shall be divided between the said town of Braintree and 
the town of Quincy in the same proportion as they were re- 
spectively assessed for the payment of the last State tax ; 
and no town tax shall be laid, by either of the said towns 
upon the said lands so long as the rents thereof shall be ap- 
propriated to the purpose of supporting a school or schools. 

Arid be it further enacted by the authority aforesaid, 
that Benjamin Beale junior, Joseph Beale, John Bil- 
lings, Ebenezer Glover, & Josiah Glover inhabitants of 
that part of the town of Dorchester in the said County 
of Suffolk, called Squantuiin and the farms, with their 
lands and estates, lying within the limits of that part of 
Dorchester called Squantum & the farms, be and they 
hereby are set oft' from the said town of Dorchester, & 
annexed to the said town of Quincy. 

And be it further enacted, that the said Benjamin Beale 
Junior, Joseph Beale, John Billings, Ebenezer Glover and 
Josiah Glover, shall pay all the arrears of taxes which 
have been assessed upon them by the town of Dorchester 
together with all the expences of maintaining the widow, 
descendents or any part of the family of TJiomas Wells 
late of said Dorchester deceased which are or may become 
chargeable as the poor of the town of Dorchester, & shall 
not be held to pay any other expence whatever to the 
said town of Dorchester. 

And be it further enacted by the authority aforesaid, that 
Richard Granch Esquire be and he is hereby authorized to 
issue his warrant, directed to some principal inhabitant, 
requiring him to warn, & give notice to the inhabitants 
of the said town of Quincy to assemble and meet at some 
suitable time & place in the said town, as socm as con- 
veniently may be, to choose all such Officers as towns are 
required to choose at their annual town meetings in the 
month of March or April annually. 

February 22, 1792.* 



1791. — Chapter 37. 

[January Session, oh. 20.] 

AN ACT FOR CHANGING THE NAME OF SAMUEL TURNER TO 

SAMUEL JAMES LONGMAN. 

Whereas some advantages are expected to accrue to 
Samuel Turner, Son of William Turner esqr. of Boston 



Approved February 23, 1792. 



Acts, 1791. — Chapter 38. 321 

in the County of Suffolk by said Samuel's having the name 
of Samuel James Longman, <& upon the Petition of the 
said William therefor 

Be it enacted by the Senate & House of Mepresenta- 
tives in General Court Assembled & by the authority of 
the same, that from and after the passing of this Act, the Name changed, 
said Samuel Turner shall be allowed to take the name of 
Sa7nuel James Longman & by that name, instead of his 
present Christian & Surname to be called & known, & 
that to all legal purposes the said name of Samuel James 
Longman, shall be considered as his own proper, & only 
name, & avail accordingly. February 22, 1792 * 

1791. — Chapter 38. 

[January Session, ch. 21.] 
AN ACT TO PREVENT DAMAGE BY MISCHIEVOUS DOGS. 

Whereas many persons in this Commonwealth have been Preamble. 
greatly exposed by being suddenly assaidted by mischievous 
Logs, — and 7nany have also sustained great damage by 
such Logs worrying, wounding <& killing neat cattle, sheep) 
and lambs & in various other ivays ; — For prevention of 
which. 

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 passing this Act, it shall and ^j^g'j^^^r 
may be lawful for any person or persons in this Common- kufed?"^ 
wealth to kill any Dog that shall suddenly assault them 
while they are quietly and peaceably walking or riding 
any where out of the inclosure of the owner or keeper 
of such Dog ; and it shall also be lawful for any person to 
kill any Dog that shall be found, out of the inclosiu'e or 
immediate care of its owner or keeper, worrying, wound- 
ing or killing any neat cattle sheep or lambs. 

And be it further Enacted, that if any person shall be Owner of un- 
assaulted by any Dog in manner as aforesaid, or if any conflne^hem. 
Dog shall hereafter be found stroling out of the inclosure 
or immediate care of its owner or keeper by day or by 
night, and the person so finding such Dog shall at any 
time within forty eight hours after such an assault or the 
finding such Dog stroling as aforesaid make oath thereof 
before any Justice of the peace for the County or Clerk 
of the town where the owner of such Dog shall dwell ( who 
are hereby impowered to administer said oath & to certify 

* Approved February 25, 1792. 



322 Acts, 1791. — Chapter 38. 

the same) and shall further swear that he really suspects 

such Dog to be a dangerous or mischievous Dog, and shall 

give notice thereof to such owner or keeper by delivering 

him a certificate of such oath signed by such Justice or 

Clerk, it shall be the duty of the owner or keeper of such 

Dog forthwith to kill or confine the same, and if he shall 

Penalty in case ncglcct SO to do for the spacc of twcuty four hours after 

of neglect. ^^^[qq jg gjven as aforesaid, he shall forfeit & pay the sum 

of forty shillings to any person that shall sue for the same, 

to be recovered with costs by action of debt before any 

Justice of the peace in the County in which such owner or 

keeper dwells, reserving liberty of appeal to either party 

from such Justice's judgment, as in other civil actions. 

The general ^,,^ ^g ^^ farther Encicted, that if after such notice, such 

issue may be -ta.iiw/ ^^ ^ j . .,, , ,, n i ^ i n • i x" i 

plead in case of Doo- shall uot be killed or confined but shall agam be touncl 
killing dogs. g^^.^ii^^g Q^^ Qf ^l^g inclosure or immediate care of its owner 
or keeper, it shall and may be lawful for any person to kill 
such Dog, & if sued therefor (or for killing a Dog as in 
& by the first enacting clause of this Act is provided) to 
plead the general issue & give this Act & the special mat- 
ter in evidence under it. 
S'to'paV"'^ -4nc^ he it further Enacted, that if any Dog, after notice 
damages, for jg aiven as aforcsaid, shall by any sudden assault in man- 

iniunes sua- & .^ '^ j_ ^ Jl 

tained by them, ncr as aforcsaid, wound or cause to be wounded any per- 
son or shall worry wound or kill any neat cattle, sheep or 
lambs or do any other mischief, the owner or keeper shall 
be liable to pay to the person injured thereby, treble dam- 
age, to be recovered with costs, by action of debt, before 
a^Justice of the Peace, in the County where such owner 
dwells, if such treble damage doth not exceed /owr^oimcZs, 
but if it doth exceed that sum, then before the Court of 
Common pleas in such County, reserving liberty of appeal 
to either party as in other civil actions. 

Laws repealed. ^^^^ j^ it further Euacted, that all laws heretofore made 
for preventing damage being done by unruly Dogs (except 
such as are enacted to prevent damage being done by 
Dogs in the Island of JVantucJcet) be and they are hereby 
repealed, except so far as they shall respect any suit already 
commenced. February 25, 1792. 



Acts, 1791. — Chapter 39. 323 



1791. -Chapter 39. 

[January ScBsion, ch. 22.] 

AN ACT FOR ERECTING A TOWN WITHIN THE COUNTY OF 

HAMPSHIRE BY THE NAME OF RUSSELL. 

^ Be it enacted bj/ the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the sa7ne, that the northwesterly part of Westfield called R"««eii incor- 
the JVew Addition on the westerly side of Westfield river ^°''""''^' 
and the south westerly part of Montgomery included 
between the heights of Shatterack mountain Teho moun- 
tain and Westfield river aforesaid, & bounded as follows ; 
vizt: Beginning at Blanford line where it crosses West- Boundaries. 
field river, then running down said river 'till it comes to 
a turn in the river near the foot of Shatterack mountain 
at the northwesterly part thereof, then crossing said river 
to a mapple tree marked with stones about it standing at 
high water mark on the eastern bank, then running south 
thirty two degrees east one hundred and sixty rods to a 
pine staddle marked with stones about it on the height 
oi Shatterack mountain, then running south twenty eight 
degrees and tifty minutes east eight'hundred and ninety 
four rods, partly along the ridge of Teko mountain to a 
black oak staddle marked, with stones about it towards 
the southerly end of said Teko mountain, then running- 
south four degrees east two hundred and twenty rods to a 
small flat rock marked I S 41 by the high way, a few rods 
easterly of the river, and near the south end of said Teko 
mountain, then running south thirty eight degrees west, 
crossing said river & continuing a strait line to a little 
river near the foot of the west mountain, then westerly 
upon said river to the line, between the third and fourth 
tier of lots, then southerly upon said line to Granville 
town line, then running west twenty two degrees north 
on Granville line to the south east corner of the town of 
Blanford, then running north twenty degrees east on 
Blanford line to the first mentioned bounds, be and 
hereby is incorporated into a town by \_the'] name of Biis- 
sell; and the said town shall be and hereby is invested 
with all the privileges and immunities, that towns in this 
Commonwealth do or may enjoy b}- the Constitution or 
Laws of the same. 

And be it farther Enacted^ that Samuel Fowler Esquire samuei Fowier, 
be and he is hereby impowered to issue his warrant wlrrlnt!'*"^ 
directed to some suitable inhabitant of the said town of 



324: 



Acts, 1791. — Chapter 40. 



InhabitantB 
thereof to re- 
ceive all their 
dues. 



— To make and 
maintain roads. 



— To pay pro- 
portion of 
arrearages for 
supporting 
poor. 



Russell, directing him to notify the inhabitants of said town, 
to meet at such time and place, as he shall appoint, to choose 
such Officers, as other towns are impowered to choose, at 
their annual meeting in the month of March or Aj^ril. 

Provided nevertheless, the inhabitants of said town shall 
pay all such town, State County and other taxes as are 
already assessed upon them by the towns to which they 
have respectively belonged, together with all State & 
County taxes that may Tje hereafter assessed upon them 
by the said towns to which they have belonged, until a 
new valuation shall be taken & no longer ; and the inhab- 
itants aforesaid shall pay their proportion of all public 
debts which are now due from the said towns to which 
they respectively belonged. 

And be it further enacted, that the inhabitants of the 
said town of Russell shall be entitled to demand and 
receive their just proportion of all monies due and of the 
arms and ammunition belonging to the towns to which 
they respectively belonged. 

And be it further enacted, that the inhabitants of the 
said town of Russell do and shall forever hereafter make 
and keep in good repair all such roads and cart ways 
through the said town of Russell, as the town of Westfield 
ought or by Law^ is now obliged to make and maintain 
there. 

And be it further enacted, that the inhabitants of the 
said town of Russell shall be chargeable with their pro- 
portionable part of the expence of supporting the poor 
which at the time of passing this Act were the charge of 
the towns to which the said inhabitants respectively be- 
longed, and that the said town of Russell shall be held to 
support all poor persons which may hereafter be returned 
to the town of Westfield and Montgomery who had gained 
a settlement in that part of the town of Westfield or Mont- 
gomery which is now incorporated into the town of Russell. 

February 25, 1792. 



1791. — Chapter 40. 

[January Session, ch. 24.] 

AN ACT TO SET OFF JOSEPH DANFORTH, JOSIAH DANFORTH, 
JOHN CVMINGS AND JOSEPH UPTON, FROM THE TOWN OF 
DUNSTABLE IN THE COUNTY OF MIDDLESEX & TO ANNEX 
THEM TO THE DISTRICT OF TINGSBOROUGH. 

Whereas Joseph Danforth, Josiah Danforth, John Cum- 
ings, (& Joseph Upton, have petitioned this Court to be set 



Acts, 1791. — Chapter 40. 325 

off from the town q/" Dunstable, and annexed to the District 
of Tingsboroiigh, and it appearing reasonable that the 
prayer of the said petition should be granted. 

Be it therefore Enacted by the Senate & House of Rep- 
resentatives in Geiieral Court assembled, & by the aidhority 
of the same, that the said Joseph Danforth, Josiah Dan- Families set off 
forth, John Cumings and Joseph Upton with their respec- boundaries, 
tive families, and that part of said Upton's & Cuming's 
estate, containing Twenty seven acres, and forty one rods 
which is included within the following lines. Viz: Begin- 
ning at Tingsboroiigh line at Colonel John Tyng^s great 
farm, so called ; and running from thence north two de- 
grees west seventy three poles, running two rods west 
from fJohn Cuming's Barn till it comes to the town road 
leading from said Cuming's house to Joseph Upton's 
house thence by said road north westerly, till it comes 
within four rods of said Upton's Barn, thence south thirty 
degrees west eight rods ; thence west nine degrees north 
ten rods ; thence north ten degrees east eight rods to the 
said road ; thence across said road east two degrees north 
to Tingsboroiigh line, thence by said line to the bounds 
first mentioned ; & that part of the estate of the said 
Joseph Danforth and Josiah Danforth containing sixty 
two acres & eighty one rods which is included within 
the following lines. Viz Beginning at Tingsborough line, 
where the southerly line of the said Danforth's farm 
crosses it, thence running south sixteen degrees west, 
one hundred and fourteen rods, — thence south forty de- 
grees west seventy rods ; then south six degrees east forty 
one rods ; thence west eight degrees south, forty three 
rods, — thence north one degree & forty five minutes 
west fifty rods, thence north seventy four rods two rods 
west of the house of said Danforth ; thence north thirty 
degrees east two rods north of said Danforth's Barn 
fourteen rods, thence east two degrees north sixty rods ; 
thence north thirty two degrees west ninety three rods to 
Tingsborough line, thence south two degrees east ten rods 
to the bound first mentioned be and hereby are set off 
from the town of Dunstable, & annexed to the District of 
Tingsborough. 

Provided nevertheless that the said petitioners shall })ay Proviso, 
all taxes that have been legally assessed on them by the 
said town of Dunstable, in like manner as if this Act had 
never been passed. March 3, 1792. 



326 



Acts, 1791. — Chapters 41, 42. 



1791. — Chapter 41. 

[January Session, ch. 23.] 

AN ACT ASCERTAINING THE BOUNDARY LINE BETWEEN THE 
TOWNS OF MED WAY AND S HERB URN. 

WJiereas some doubts have arisen respecting the boun- 
dary line between the toivns of Med way and Sher])urn ; 

Be it Enacted by the Senate & House of Representa- 
tives, in General Court assembled, and by the authority of 
Boundary Line, ^/^g same, that tliG boundaiy line between the said towns 
of Medivay and Sherburn for the future shall be as fol- 
lows, to wit, beginning at a Ditch a little east of and near 
BrecTvS hill so called, at Charles river, from thence west- 
erly across the small pine hill called BrecTc's hill, & so 
continuing a strait line in a westerly direction to a place 
known by the name of Allen's corner, & according to 
former perambulations to a heap of Stones at or near 
Sheffield's corner so called. 

And be it further Enacted that the inhabitants and 
owners of the lands which by this Act will in future 
belong to the town of Medway shall be holden to pay 
their proportion of all State & County taxes to the said 
town of Sherburn, untill a new valuation shall be settled 
by the General Court, & no longer : And the said town 
of Medioay shall assess the said inhabitants their propor- 
tion of all town & Parish taxes, in the same manner as 
if the said inhabitants had heretofore been considered as 
inhabitants of the said town of Medway. 

March 3, 1792. 



Inhabitants to 
pay proportion 
of taxes. 



Report of Ref- 
erees in certain 
cases to be 
final. 



1791. — Chapter 43. 

[January Session, ch. 25.] 

AN ACT TO PREVENT APPEALS IN CERTAIN CASES FROM THE 
JUDGMENT OF A COURT OF COMMON PLEAS. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that upon any report of Keferees returned into 
any Court of Common Pleas, in pursuance of an Act for 
rendering the decision of civil causes as speedy, & as 
little expensive as possible, and also upon any report 
made by Referees appointed by a rule of any Court of 
Common pleas, wherein it is agreed at the time of entering 



Acts, 1791. — Chapters 43, 44. 327 

into such rule, that the report of said Referees shall be 
final, the judgment of said Court of Common pleas upon 
all such reports, shall be final, & no appeal therefrom 
shall be allowed by said Court, any law to the contrary 
notwithstanding. March 5, 1792. 

1791. -Chapter 43. 

[January Session, ch. 26.] 

AN ACT TO RENDER VALID THE VOTES & PROCEEDINGS OF 
CERTAIN TOWN MEETINGS WHICH HAVE BEEN ASSEMBLED 
BY VIRTUE OF A WARRANT SIGNED BY A TOWN CLERK, BY 
ORDER OF THE SELECTMEN. 

Be it Enacted by the Senate & House of Representatives 
in General Court Assetnbled S by the authority of the same, 
that all warrants heretofore signed by a Town Clerk by Warrants 
order of the Selectmen of any Town or a major part of Tow^'n cLrk to 
them, & all proceedings of the legal voters of such Towns *'^^'*^''*- 
which have been had in pursuance of such warrants be & 
hereby are ratified & confirmed in the same manner as if 
the said warrants had been signed by the Selectmen. 

March 6, 1792. 



1791. — Chapter 44. 

[January Session, ch. 28.] 

AN ACT IN ADDITION TO AN ACT PASSED IN THE YEAR OF OUR 
LORD ONE THOUSAND SEVEN HUNDRED & EIGHTY NINE, EN- 
TITLED, "AN ACT DETERMINING WHAT TRANSACTIONS SHALL 
BE NECESSARY TO CONSTITUTE THE SETTLEMENT OF A 
CITIZEN IN ANY PARTICULAR TOWN OR DISTRICT." 

Whereas in & by an act, entitled, ''an Act determining Preamble. 
what transactions shall be necessary to constitute the set- 
tlement of a Citizen in any particular town or district ", 
passed in the year of our Lord, one thousand seven hun- 
dred & eighty nine, it is among other things provided that 
persons of certain descriptions in the said Act mentioned 
who shall come into & reside in any town or district for 
the space of tivo years ivithout being loarned to depart the 
same shall be deemed & taken to be an inhabitant of such 
town or district; — And ivhereas it appears expedient that 
the time of giving notice <& warning to depart as aforesaid 
shoxdd be extended & prolonged. Therefore 

Be it enacted by the Senate & House of Bejyresentatives 
in General Court Asse?nbled S by the authority of the 



328 



Acts, 1791, — Chapter 45. 



Inhabitancy de- same, that DO pei'son shall be deemed or taken to be an 
termined. inhabitant of any town or district by virtue of residence 

therein, unless he or she shall have resided in the same 
for the space of four years from the time of passing the 
Act to which this is an addition, without being warned to 
depart as aforesaid, the above recited Act notwithstanding. 

March 6, 1792. 



1791. — Chapter 45. 

[January Session, ch. 31.] 

AN ACT TO SET OFF ASAHEL SMITH AND OTHERS FROM SOUTH 
HADLEY TO GRAN BY. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled & hy the authority of the 
same, that Asahel Smith, John Mandeville, Levi Smith, 
David JSFash junior, Noah Clark, Israel Clark, James 
Giddings, Jotham Clark, Enos Clark, Eleazer Ayres, 
and the land belonging to the heirs of Israel Clark 
deceased (the said land adjoining the first named Isi-ael 
Clark) with their respective families & estates be and 
hereby are set off from the said town of South Hadley in 
said County of Hampshire, and annexed to the town of 
Granhy in said County, and shall hereafter be considered 
as part of the same, there to do duty & receive privileges 
as the other inhabitants of said town of Granhy ; provided 
nevertheless that the said Asahel Smith, John Mandeville, 
Levi Smith, David Nash junior, Noah Clark, Israel 
Clark, James Giddings, Jotham, Clark, Enos Clark, 
Eleazer Ayres and the aforesaid land belonging to the 
heirs of Israel Clark deceased shall be held to pay their 
proportion of all such state & county taxes as shall be 
laid by the Legislature upon said town of South Hadley 
before the settlement of another valuation. 

And he it further enacted hy the authority aforesaid, 
that the town of Granhy from the passing this Act shall 
ro'adrui TepTirr kccp in good repair the following roads, viz, the County 
road from the top of Cold hill, so called, in South Hadley 
aforesaid to the dividing line between the towns aforesaid, 
also the County road from the top of the hill near David 
Church's dwelling house, to the dividing line aforesaid, 
also the County road through William Eastman's home 
lot, to the west side of said lot including the gate leading 
out of the same, — any Law or Resolve to the contrary 



Town of 

Gran by to keep 



notwithstanding 



Marcli 6, 1792. 



Acts, 1791. — Chapter 46. 329 



1791. — Chapter 46. 

[January Session, ch. 29.] 

AN ACT INCORPORATING CERTAIN PERSONS FOR ERECTING A 
BRIDGE OVER CONNECTICUT RIVER BETWEEN MONTAGUE 
& GREENFIELD IN THE COUNTY OF HAMPSHIRE. 

Whereas application hath been made to this Court for Preamble. 
permission to build a Bridge over Connecticut River be- 
tween Montague cl^ Greenfield at a place called the great 
Falls, & it appearing that a Bridge in said place ivill be 
of great public utility ; 

Be it therefore enacted by the Senate & House of Rep- 
resentatives in General Court assembled cf* by the authority 
of the same, that the Honorable David Sexton & David To^p^omed! '"' 
JSmead Esqrs. Lyman Taft & Elisha Mack together with 
their Associates & those who shall hereafter associate with 
them, with their Heirs & Assigns, be, & hereby are con- 
stituted a Corporation & liody politic for the purpose of 
erecting a Bridge over Connecticut river between Mon- 
tague & Greenfield in the County of Hampshire, that for 
the purposes of reimbursing to said David Sexton & others 
beforenamed their Associates, their Heirs & Assigns, the 
money expended or to be expended, in building & sup- 
porting the said Bridge, a Toll, be, & hereby is granted & j^^jJed."**^" 
established for the sole benefit of the said David Sexton 
& others beforenamed, their Associates & their Heirs & 
Assigns for the space of fifty years, according to the rates 
following; viz, for each foot passenger or one person Rates of Toil, 
passing one penny one third of a penny ; one Person & 
horse three pence, single horse cart sled or sleigh, six- 
p)ence; Sleigh drawn by two or more horses, ninepence — 
single horse chaise, chair or sulkey, six pence; Coaches, 
Chariots, Phaetons & Curricles, one shilling & sixpence ; 
all other carriages drawn by two beasts, nine pence, all 
other wheel carriages drawn by more than two beasts, one 
shilling & four pence; neat cattle & horses passing said 
bridge exclusive of those rode on or in carriages or teams 
each one penny one third of a penny ; Swine & Sheep for 
each dozen & at the same rate for a greater or less number, 
six pence; & in all cases the same toll shall be paid for 
all carriages & vehicles passing the said Bridge, whether 
the same be loaded or not loaded ; and to each team , one 
man & no more shall be allowed as a driver to pass free 
from payment of toll : and the toll gatherer shall not be 



330 



Acts, 1791. — Chapter 46. 



Lord's day e: 
cepted from 
toll. 



Dimensions 
materials. 



To be kept i 
good repair. 



Prohibition of 
toll in case of 
neglect. 



Penalty. 



To revert here 
after to 
government. 



obliged at any time to open the gate or gates for any pas- 
senger or passengers until he is paid the rate or toll of 
such passenger or passengers, and at all times when the 
toll gatherer shall not attend his duty and from Sun rising 
to sun-setting on the Lord's day the gate or gates shall be 
left open and no toll shall be taken : & the said toll shall 
commence on the first day of tlie opening said bridge for 
passengers & shall continue fifty years. 

A7id be it further enacted hy the authority aforesaid, 
that the said bridge shall be well Ijuilt, at least twenty 
feet wide, of good & suitable materials & well covered 
with plank & timber on the top suitable for such a bridge, 
with suflficient rails on each side for the safety of passen- 
gers ; & the Proprietors shall keep the said bridge in good 
safe & })assable repair for fifty years ; & if the said pro- 
prietors shall unreasonably refuse or neglect, to keep the 
said bridge in such safe and passable repair as aforesaid, 
on such refusal or neglect being made to appear to the 
Justices of the Court of General Sessions of the peace for 
said County of Hampshire, it shall l)e in the power of 
the Justices aforesaid to prohibit & forbid the proprietors 
aforesaid from receiving any toll from any person or per- 
sons for the use of said proprietors, until it is again put 
in such passable repair as by the same Justices shall be 
deemed sufiicient ; & if the proprietors of said bridge or 
any of them or any other person, shall during the time of 
such prohibition & after being duly notified thereof be 
convicted before any Justice of the peace for the same 
County, of receiving of any person or persons any toll or 
reward for the use of said proprietors, the person or per- 
sons so convicted shall forfeit and pay for each offence the 
sum of twenty shillings, one moiety thereof to accrue to 
the use of the person or persons complaining, the other 
moiety to the use of the County oi Hampshire : provided 
nevertheless, that from & after forty j'-ears from the passing 
this Act it shall be in the power of the Court of General 
Sessions of the peace for the said County of Hampshire, 
to regulate the toll of said bridge & to determine what 
toll & fare the said Proprietors, shall & may receive for 
the use of the said Proprietors, any thing herein to the 
contrary notwithstanding. 

And he it further enacted, that at the end of fifty years, 
the said Proprietors shall deliver up the said Bridge in 
good order and in full repair to the Commonwealth, & the 



Acts, 1791. — Chapter 47. 331 

said Bridge shall revert to & become the property of this 
Commonwealth : ^^'^'ovided nevertheless, that if the said Proviso. 
Proprietors shall not within four years from the passing 
this Act erect & compleat the said Bridge then this Act 
shall be null & void. MarcJi 6, 1792. 

1791. — Chapter 47. 

[January Seesion, ch.30.] 

AN ACT FOR ANNEXING PART OF THE TOWN OF NORWICH AND 
TART OF THE TOWN OF SOUTHAMPTON TO THE TOWN OF 
MONTGOMERY. 

Be it Enacted hy the Senate & House of Representatives, 
in General Court assembled, d^ hy the authority of the same, 
that a certain tract of land belongino- to the town of JVbr- Part of Norwich 

o o anuexed to 

loich in the County of Hamjyshire begining at the north Montgomery. 
westerly corner of said Montgomery called Rock House 
corner, from thence runing easterly on said Montgomery 
line, untill it comes to Southampton line ; then turning & 
runing northerly one hundred and sixty two rods, to the 
northwest corner of iYvc fourth mile square, so called ; then 
turning and runing westerly six hundred & seventy two 
rods to the corner of Taylor & Day's land, then turning 
& runing southwesterly^ two hundred rods to the first 
mentioned corner be, and the same is hereby set off from 
the said town oi JN'orwich and annexed, together with the 
inhabitants thereon to the town of Montgomery . 

Provided the inhabitants and owners of said tract of pi-ovIbo. 
land shall be holden to pa;^* to the town of JSForiuich their 
proportion of all taxes which have been assessed on the 
polls & property so taken off and annexed as aforesaid. 

And he it farther Enacted that a certain part of the PartofSouth- 

!> m 1 IT /• 11 T7" J T-> • • ampton annexed 

town oi Southampton bounded as loffows Vizt, l^egmning to Montgomery. 

at a corner of said Montgomery being the north east 

corner of the fifth Mile square, so called, thence running 

north four degrees cast, one hundred & thirty five rods, 

thence west two degrees south three hundred & twenty 

rods to the line of Montgomery be, and the same is hereby 

taken from the town of Southampton, and annexed to the 

town of Montgomery with the inhabitants thereon. 

Provided the inhabitants & owners of the said land so Proviso, 
annexed shall pay to the town of Southampton their pro- 
portion of all taxes which have been assessed thereon. 

March 6, 1792- 



332 



Acts, 1791. — Chapter 48. 



William Wed- 
gery, Esq. to 
issue warrant. 



1791. — Chapter 48. 

[January Session, ch. 32.] 

AN ACT TO INCORPORATE THE PLANTATION, CALLED SHEP- 
ARDS FIELD, IN THE COUNTY OF CUMBERLAND, INTO A TOWN 
BY THE NAME OF HEBRON. 

Whereas application has been made to this Court by a 
number of the inhabitants of the Plantation called Sliep- 
ardsfield in the County of Cumberland, to have said Plan- 
tation with the inhabitants thereon incoypoi-ated into a toivn, 
tC the same being considered of Public utility. 

Be it enacted, by the Senate & House of Representatives 
in Gejieral Court Assembled & by the authority of the same, 
that the plantation called Shepardsfield in the County of 
Cumberland, bounded as follows vizt. Beginning at a 
stake & stones near Thompson's pond, so called, seven 
miles & a quarter northwest from a beach Tree, in the 
head line of Nevj Gloucester, which tree is four miles 
Northeast from the most westerly corner of said JSFew 
Gloucester, & from said Stake & Stones North forty five 
degrees East twelve miles to a white pine tree, thence 
North twenty degrees East three hundred & fifty poles to 
a stake & stones, thence North seventy degrees West, 
four miles & a half to a beach tree, thence South fourteen 
degrees East seven hundred & thirty six poles to a pine 
tree, thence South sixty eight degrees & a half AVest 
five miles, thence North fourteen degrees West two miles, 
thence South fifty four degreies West twelve hundred & 
sixteen Poles to a hemlock tree, thence South twenty five 
degrees East seven miles & a half & twenty poles to the 
stake & stones first mentioned, together with the inhab- 
itants thereon be & hereby are incorporated into a town 
by the name of Hebron & vested with all the powers, 
privileges & immunities which towns in this Common- 
wealth do or may by Law enjoy. 

And be it further enacted that William Wedgery Esqr. 
be & he hereby is impowered to make out a warrant, 
directed to some principal inhabitant of said town to 
notify the inhabitants thereof qualified by Law to vote 
in Town aftairs to assemble & meet at some suitable time 
& place in said Town to choose all such Town Oflicers as 
Towns are required by Law to choose in the month of 
March or April annually. March 6, 1792. 



Acts, 1791. — Chapter 49. 333 



1791. — Chapter 49. 

[January Session, ch. 33.] 

AN ACT TO INCORPORATE & ESTABLISH A SOCIETY BY THE 
NAME OF THE MASSACHUSETTS SOCIETY FOR PROMOTING 
AGRICULTURE. 

Whereas very great d- important advantages may arise Preamble. 
to the Community from instituting a Society for the pur- 
pose of promoting Agriculture cf- divers persons having 
petitioned to this Court to he incorpoi^ated into a Society 
for that laudable purpose. 

Be it therefore Enacted by the Senate & House of Rep- 
resentatives in General Court Assembled & by the authority 
of the same, that the said Petitioners vizt. Samuel Adams, Bociety incor- 
John Avery junr. Joseph Barrell, Martin Brimmer, p'"'**'"'*- 
Charles Bulfinch, John Codman, Edivard Cutis, Aaron 
Dexter, Thomas Durfee, Moses Gill Christopher Gore, 
Benjamin Guild, Stephen Higgenson, Henry Hill, Samuel 
Holten, Benjamin Lincoln, John Loivell, Jonathan Mason, 
Jonathan Mason junr. Azor Orne, Samuel Phillips, 
Thomas Russell, Samuel Salisbury David Sears, James 
Sullivan, Cotton Tufts, Charles Vaughan & Thomas 
Winthrop together with such others who shall become 
Members thereof be & they are hereby incorporated into 
& made a body politic & corporate forever by the name 
of the Massachusetts Society for promoting Agriculture. 

And be it further Enacted by the authority aforesaid, 
that the said Corporation be & are hereby declared & ^ p^rc^hlsrand 
made capable in Law of having, holding, purchasing & hold estate. 
taking in fee simple or any less estate by gift, grant, 
devise or otherwise, any lands tenements or other estate 
real & personal ; provided that the annual income of the Proviso, 
said real & personal estate, shall not exceed the sum of 
Ten thousand pounds, & also to sell, alien, devise or 
dispose of the same estate real & personal not using the 
same in trade or commerce — 

And be it further Enacted by the authority aforesaid, 
that the said Corporation shall have full power & author — empowered 

•, , 1 1 r. o 1 o J.1 i to have and use 

ity to make, have *x: use a common oeal, & the same to a common seal. 

break, alter & renew at pleasure ; that it shall be capable 

in law to sue & be sued, plead & be impleaded answer & 

be answered unto, defend & be defended in all Courts of 

record or other Courts or places whatsoever, in all actions 

real personal & mixed, & to do & execute all & singular 



334 



Acts, 1791. — Chapter 50. 



— empowered 
to enact bye- 
laws. 



— to choose 
offlcera. 



Samuel Adams, 
Esq. to notify 
members. 



other matters & things that to them shall & may appertain 
to do. 

And be it further Enacted by the authority aforesaid, 
that the said Corporation may make, establish & put in 
execution such laws & regulations as may be necessary 
to the government of said Corporation, provided the same 
shall in no case be repugnant to the laws & constitution 
of this State. And for the well governing of the said 
Corporation, & the ordering their affiiirs, they shall have 
such officers as they shall hereafter from time to time 
elect & appoint ; & such officers as shall be designated 
by the kiws & regulations of the said Corporation for 
the purpose, shall be capable of exercising such power 
for the well governins' & orderino- the affiiirs of the said 

GOG 

Corporation & calling & holding such occasional meetings 
for that purpose as shall be fixed & determined l)y the 
said laws & regulations. 

And be it further Enacted by the authority aforesaid, 
that the end & design of the Institution of the said Society 
is for the purpose of promoting useful improvements in 
Agriculture. 

And be it further Enacted, that the place of holding 
the first meeting of the said Society shall be in the town 
of Boston, & that Samuel Adams Esqr. be & he hereby 
is authorized & impowered to fix the time for holding the 
said meeting, & to notify the same to the Members of the 
said Society by causing the same to lie published in one 
of the Boston News Papers, fo[?<]rteen days before the time 
fixed on for holding the said meeting. March 7, 1792. 



Academy estab- 
lished. 



1791. — Chapter 50. 

[January Session, ch. 34.] 

AN ACT FOR ESTABLISHING AN ACADEMY IN THE TOWN OF 
MACHIAS BY THE NAME OF WASHINGTON ACADEMY. 

Whereas the encouragement of literature among the ris- 
ing generation has ever been co7isidered by the wise and 
good as an object of the most serious attention, and as the 
prosperity & happiness of a free people greatly depend 
upon the advantages arising from a pious & virtuous edu- 
cation : 

Be it therefore Enacted by the Senate and House of Rep- 
resentatives in General Court assembled & by the authority 
of the satne, that there be, & hereby is established in the 



Acts, 1791. — Chapter 50. 335 

town oiMachias in the County of Washington an Academy 
by the name of Washington Academy for the purpose of 
promoting piety, religion & morality and for the instruc- 
tion of youth in such languages, & such of the lil)eral arts 
and sciences as the Trustees shall direct; & the Revd. JoTnteT*^" 
James Lyon, the honble. Stephen Jones and Alexander 
Campbell Esqrs. James Avery, John Crane, George titill- 
man, Phineas Bruce, John Cooper & Gustavus Fellows 
Esquires Messrs. Joseph Wallace, John Buchman, John 
Foster & Theodore Lincoln Gentlemen be, & they herel)y 
are nominated & appointed Trustees of said Academy ; 
and they are hereby incorporated into a Body Politic l)y 
the name of the Trustees of Washington Academy & they 
& their successors shall be & continue a Body Politic by 
the same name forever. 

And be it further Enacted that all the lands and frmed\oThe 
monies, which for the purpose aforesaid, shall be here- Trustees. 
after given, granted & assigned unto the said Trustees, 
shall be confirmed to the said Trustees and their Suc- 
cessors in that trust forever, for the uses which in such 
instruments shall be expressed, provided such uses shall p*""^'^"- 
not be repugnant to the design of this act, and they the 
said Trustees shall be further capable of having holding 
and taking in fee simple by gift, grant, devise or other- 
wise, any lands, tenements or other estate real or personal 
{provided the annual income of the whole shall not exceed 
two thousand pounds) & shall apply the rents, issues and 
profits thereof, in such a manner as that the end of the 
Academy may be most eftectually promoted. 

Be it further Enacted, that the said Trustees shall have Trustees em. 
full power from time to time, as they shall determine, to p°^'"'® "" 
elect such Officers of the said Academy as they shall judge 
necessary and convenient, & fix the tenures of their re- 
spective offices, — to remove any Trustee from the Corpo- 
ration, when in their opinion he shall 1)e incapable through 
age or otherwise of discharging the duties of his office, — 
to fill all vacancies, by electing such persons for Trustees 
as they shall judge best ; — to determine the times and 
places of their meetings, — the manner of notifying the 
said Trustees, — the method of electing or removing 
Trustees, — to ascertain the powers and duties of their 
several officers ; — to elect Prece})tors & ushers of said 
Academy, — to determine the duties and tenures of their 
offices ; to ordain reasonable rules orders & byelaws not 



336 Acts, 1791. — Chapter 50. 

repugnant to the laws of this Commonwealth, with reason- 
able penalties for the good government of the Academy, 
and ascertaining the qualifications of the students requisite 
to their admission, & the same rules, orders, & bye laws, 
at their pleasure to repeal. 

-To have a ^g ^ further Enacted, that the Trustees of the said 

Academy may have one common Seal which they may 
change at pleasure, & that all deeds signed and delivered 
by the Treasurer or Secretary of said Trustees by their 
order and sealed with their seal, shall when made in their 
name, be considered as their Deed, & as such, be duly 
executed & valid in law ; & that the Trustees of said 
Academy may sue & be sued, in all actions, real, personal 
or mixed, & prosecute & defend the same unto final 
judgment & execution, by the name of the Trustees of 
Washington Academy. 

Be it further Enacted that the number of the said 
Trustees, & their successors, shall not at any one time 

t^u^te^s^^mifed. ^c morc than fifteen, nor less than nine, seven of whom 
shall constitute a quorum, for transacting business, & a 
majority of the members present at any legal meeting 
shall decide all questions proper to come before the Trus- 
tees ; — that a major part shall be laymen &, respectable 
freeholders ; also that a major part shall consist of men, 
who are not inhabitants of the town, where the Seminary 
is situated. 

And he it further Enacted hy the Authority aforesaid, 

-Empowered that if it sliall hereafter be iuds-ed upon mature & impartial 

in certain cases, . ^n- JO 1 y • -, piii 

to remove the cousidcration 01 all cu'cumstanccs, by two thirds oi all the 

seminary. Trustccs, that for good & Substantial reasons which at 

this time do not exist, the true design of this institution 

will be better promoted by removing the Seminary from 

the i)lace where it is founded, in that case it shall be in 

the power of the said Trustees to remove it accordingly, 

& to establish it in such other place within this State, as 

they shall judge to be best calculated for carrying into 

effectual execution the intention of this Act. 

Aiex.ca^mpbeii, Be it further Enacted that the honble. Alexander 

trustees" '^ Campbell Esquire be, & he herel)y is authorized to fix 

the time & place for holding the first meeting of the said 

Trustees, & to notify them thereof. 

Appropriation. Providcd nevertheless, and be it further Enacted that 

the Trustees of the said Academy, & their Successors in 

oflBce be and they hereby are impowered to expend the 



Acts, 1791. — Chapter 51. 337 

income arising from any money, lands, or other estate 
given or granted, or which may be given or granted for 
the use of said Academy, in supporting Schools for the 
instruction of youth in the several Towns in the said 
County as to them, or the major part of them shall seem 
most expedient for the space of seven years next after 
the passing this act any thing in this Act to the contrary 
notwithstanding. 

And be it Enacted by the authority aforesaid, that there a township 
be & hereby is granted a township of land of six miles ^'■"°'^''- 
square to lie laid out and assigned from any of the unap- 
propriated lands belonging to this Commonwealth in the 
County of Washington ; said township to be vested in 
the Trustees of Washington Academy, and their Suc- 
cessors forever, for the use & purpose of supporting the 
said Academy to be by them holden in their corporate 
capacity, with full power & authority to settle, divide, & 
manage said township, or to sell, convey & dispose of the 
same, in such way & manner, as shall best promote the 
welfare of said academy : 

Provided that said township shall be laid out under Proviso. 
the direction of the Committee for the sale of eastern 
lands, & a plan thereof returned into the Secretar^^'s 
OflSce, & that such Corporation shall proceed in that 
design, & that the said Trustees their Successors or 
Assigns shall & do within five years provide & settle 
upon, & within such Township at least twenty families 
& shall also reserve from all future dispositions to be 
made of said tract of land, three lots of three hundred 
& twenty acres each for the following uses vizt. One lot 
for the first settled minister, one lot for the use of the 
ministry, & one lot for the use & support of schools 
within the same town. March 7, 1792. 

1791. — Chapter 51. 

[January Session, ch. 35.] 

AN ACT TO ENABLE THE TOWN OF FRAMINGHAM TO REGULATE 
& ORDER THE TAKING OF THE FLSH, CALLED SHAD AND ALE- 
WIVES WITHIN THE LIMITS OF SAID TOWN. 

Be it Unacted by the Senate and House of Represent- 
atives in General Conrt assembled <(• by the authority of 
the same, that from and after the publication of this Act, inhabitants to 
it shall and may be lawful for the inhabitants of said town annlTny wiien 
of Framingham, at their annual meeting in March or m^y bellken. 



338 



Acts, 1791. — Chapter 52. 



Notification. 



Penalty in case 
of offence. 



April during the continuance of this Act, to determine 
and order in what manner, & by whom the i>aid fish, 
called Shad and Alewives may be taken within the limits 
of said town : 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 ; whereunto all persons 
shall conform with respect to the taking said fish called 
Shad & Alewives within said town of Framiiuiham, on 
penalty that each & every ofiender against the same, shall 
forfeit & pay the sum of twenty shilliiigs, to be sued for, 
and recovered before any Court proper to try the same ; 
one moiety to the informer & the other moiety to the poor 
of said town of Framingham. 

Be it further Enacted, that any of the inhabitants of 
the said town of Frmningham 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, 
they being inhabitants of said town notwithstanding. 

March 6\ 1792. 



Bounds for the 
catching tiah. 



— may be sued 
for and recov- 
ered. 



1791. — Chapter 52, 

[January Session, eh. 40.] 

AN ACT TO PREVENT THE CATCHING OF FISH IN THE MOUTH 
OF AGAWAM RIVER. 

Be it enacted by the Senate cfr House of Representatives 
in General Court assembled d* by the authority of the same, 
that from & after the first day of April next no person 
or persons be allowed to catch any Salmon, Shad or Ale- 
wives with seines, nets, pots or in any other way in any 
part of said river within one mile of the mouth or entrance 
thereof into Connecticut river : And if any person or per- 
sons shall presume to take or catch any fish in the said 
Agawam River contrary to the true intent of this Act, 
each person so offending, shall for each ofience forfeit 
and pay a fine oi four pounds. 

And be it further enacted, that all nets or seines used 
in taking fish as aforesaid, shall be and hereby are for- 
feited to any person or persons who shall seize the same 
to his or their own use. 

And be it further enacted, that all fines and forfeitures 
incurred 1)y any breach of this Act, shall & may be sued 
for and recovered by action of debt or information before 
any Justice of the Peace within the County of Hampshire, 



Acts, 1791. — Chapter 53. 339 

one half of such fines shall enure to him or them who shall 
sue or prosecute for the same, and the other half to the 
poor of the town where the offence shall he committed. 

March 8, 1792. 

1791. — Chapter 53. 

[January Session, ch. 27.] 
AN ACT PROVIDING FOR THE PAYMENT OF COSTS IN CRIMINAL 
PROSECUTIONS, AND FOR PREVENTING UNNECESSARY COSTS 
THEREIN. 

Whereas the provision made by an Act, intitled ''An Preamble. 
Act jtrovidinrj for the payment of costs in criminal suits", 
j)ast the twelfth day of March in the year of Our Lord one 
thousand seven hundred and eighty three, tt- by several acts 
since jiassed in addition thereto, is still found to be insuf- 
ficient: Therefore 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that the se^'^eral acts aforesaid be, and the same Laws repealed. 
hereby are repealed. 

And be it further Enacted that in all cases wherein courts empow- 
any costs have already arisen or may hereafter arise in costl in 'certain 
any criminal prosecution commenced either before the ''**''^" 
Supreme Judicial Court, or Court of General Sessions of 
the peace, in any County in this Commonwealth, the Court 
before whom such prosecution has been or may l)e so 
commenced (having cognizance of the offence), shall have 
power to allow and tax such costs for Justices, Officers, and 
their Assistants, Jurors & Witnesses, and for Court and 
other charges, as have arisen or may arise upon such 
prosecution, & previous to its determination, not exceed- 
ing the fees that are or may be stated by law, except in 
cases which are or may be otherwise provided for by law, 
and in which a discrcetionary power is or may be given to 
the Court, whether the person accused be brought to trial 
or not, or whether he be convicted or ac(iuitted upon trial : 
And all such costs so taxed, shall l)e paid out of the County 
Treasury ; those costs which are taxed by the Court of 
General Sessions of the peace to be charged to the County : 
And the Clerk of each of said Courts shall attest and deliver cierk to certify. 
to the County Treasurer copies of all bills of costs allowed 
by the Court, and certificates of all lines & forfeitures im- 
posed, & accruing to the Commonwealth or to the County, 



340 



Acts, 1791. — Chapter 53. 



Officers of Cou I 
accountable to 
county Treas- 
urer for fines, 
&c. 



— forfeiture in 
case of neglect. 



— penalty in 
certain cases. 



either before the rising thereof, or as soon after as may 
be : — And the Clerk of the Supreme Judicial Court, shall 
also deliver him a seperate Certificate of all the bills of 
cost allowed by the Court, setting down therein the sum 
total only of each for the purpose hereafter mentioned, & 
the Clerks of both said Courts shall also be held as is 
already provided by law, to return into the Treasury of 
the Commonwealth a Certificate of all lines and forfeitures 
imposed to the use of the Commonwealth l)y their respec- 
tive Courts. 

And be it further Enacted that all Sheriffs, Coroners & 
Constables who may hereafter receive any fines, forfeitures 
or bills of cost, in pursuance of the judgment or sentence 
of either of said Courts, as well where such fines or forfeit- 
ures accrue to the Commonwealth, as where they accrue to 
the County, except debts and costs received upon execu- 
tions in favor of the Commonwealth, shall forthwith pay 
the same to the Treasurer of the County in which they shall 
be received : And if any Sheriff or other officer receiving 
sucfh fine or forfeiture, or bills of cost, shall neglect to pay 
the same for the space of ten days after receipt thereof, 
he shall forfeit and pay dou1)le the amount of such fine 
or forfeiture, and bill of cost to such County Treasurer, 
who is hereby impowered and directed to sue for the same 
forthwith, to be recovered with costs, by action of del)t 
in the Court of Common pleas in the same County ; one 
third of said penalty to the use of such County Treasurer, 
the other two thirds to the use of the Commonwealth ; 
and the same when recovered and received (if the fine or 
forfeiture unpaid accrue to the Commonwealth,) shall to- 
gether with all other fines, forfeitures and costs accruing 
to the Commonwealth by him received as above be applied 
to the payment of bills of cost taxed in the Supreme Judi- 
cial Court and certified to him as aforesaid, otherwise it 
shall be for the use of the County : And if any Sheriff or 
other Oflicer aforenamed or any Goaler shall permit any 
person who may be sentenced to pay any fine, forfeiture, 
or bill of cost and committed to the custody of such 
Sheriff or other Officer or Goaler till such sentence be 
performed, to go at large without, and before payment, 
unless by order of law, and shall not pay such fine for- 
feitures and costs to the County Treasurer within twenty 
days next after such escape, he shall be held to pay double 
the sum of such fine, forfeitures and costs, & the Treas- 
urer of the County shall have power to sue for and recover 



Acts, 1791. — Chapter 53. 341 

the same in the same manner, and to the same uses as is 
herein before provided where such Sheriff' or other Officers 
neglect to pay such ffnes forfeitures and costs as they 
have actually received: And every Sheriff* and other -owigated to 
officer aforementioned, shall instead of having his accounts receipts. 
of fines received & paid, audited by either of said Courts 
as by law is now provided, be held to produce to said 
Courts respectively, at every Sessions thereof in their 
County, receipts in full from the County Treasurer for all 
tines forfeitures and costs imposed by said Courts respec- 
tively received and paid previous to the setting of such 
Courts, or to assign the cause why they have not received, 
or not paid the same, in order that such Court may order 
a prosecution against such as shall appear to be delin- 
(juent. And in order as well to increase the said fund 
for payment of costs, as to promote the convenience of 
Justices of the peace by enal)ling them to settle their 
accounts with the County Treasurer instead of the Treas- 
urer of the Commonwealth : — 

Be it further Enacted, that every Justice of the peace Justice of 

Peace to ac- 

be, and he hereby is directed to pay all fines & forfeitures count for fines, 
by him already received, or that he may hereafter receive ^°' 
upon convictions and sentences before himself, as well 
those which accrue to the Commonwealth, as those which 
accrue to the County, to the Treasurer of the County 
whereof he is a Justice of the peace, and that he render 
his account, and pay such fines once in every six months "J'jj^^g'" ^''' 
from and after the passing of this act, and that such pay- 
ment shall exempt such Justice of the peace from all 
penalties inflicted by law for nonpayment of such fines 
& forfeitures into the Treasury of the Commonwealth, 
and such of said fines as accrue to the Commonwealth 
shall be appropriated as aforesaid. And if any Justice -f^';,^fiJ^'fe^? 
of the peace shall neglect to account for, and pay in such 
fines & forfeitures to the Treasurer of the County Avhereof 
he is Justice as aforesaid, he shall forfeit and pay for 
every such neglect the sum of ten pounds to such County 
Treasurer to be by him recovered as aforesaid with costs, 
one half of such forfeiture to his own use, and the other 
half to the use of the Commonwealth, which half accruing 
to the Commonwealth shall be appropriated to the i)ay- 
ment of costs and be accounted for as aforesaid ; and it 
shall be the duty of every County Treasurer from time 
to time to call upon the Justices of the peace within his 
County and to require them to account to him for, and 



3i2 



Acts, 1791. — Chapter 53. 



County Treas- 



his duty. 



case of ueglect. 



Attorney Gei 
eral to 
prosecute — 



pay in such fines and forfeitures, and to prosecute such 
as shall be delinquent. 

• And be it furlher Enacted that every County Treasurer 
in Counties where the Supreme Judicial Court is holden 
but once a year, shall once a year, and where it is held 
twice a year, shall twice a year, & within two months 
after the rising of said Court make out and transmit to 
the Treasurer of the Commonwealth an account upon 
oath, therein charging the Commonwealth with all bills 
of costs allowed and taxed by said Court, for Avhich the 
Clerk's certificate above mentioned shall be a sufficient 
voucher & a commission of five per cent on all monies 
received and paid, & giving credit for all fines, forfeitures 
& costs accruing to the Commonwealth, and by him re- 
ceived as aforesaid and pay in the biilance of such account, 
if in favor of the Commonwealth to the Treasurer thereof; 
but if such balance be in favor of the County Treasurer it 
shall be paid him or his order out of any unappropriated 
monies in the Treasury, as soon as may be, by the Treas- 
urer of the CommouAvealth, said account having been first 
laid by him before the Governor & Council for their ex- 
amination and allowance & their Warrant thereupon by 
him obtained for payment of the same. And any County 
Treasurer Avho shall neglect to make out & transmit his 
account as aforesaid & to pay the balance if any be due 
to the Commonwealth as aforesaid, within the time afore- 
said shall forfeit & pay the sum of thirty pounds to the 
use of the Commonwealth to be recovered with costs by 
action of debt in the Court of Common pleas in the 
County whereof he is Treasurer; And the Attorney 
General, upon notice of such neglect from the Treasurer 
of the Commonwealth, which he is hereby required forth- 
with to give, shall be and hereby is authorized and required 
to prosecute such action without delay to final Judgment & 
execution. And the said County Treasurer shall be also 
held, notwithstanding the recovery of the penalty afore- 
said to account for and pay the balance of all such fines, 
forfeitures and costs accruing to the Commonwealth into 
the Treasury thereof. 

And lohereas unnecessary costs have arisen to the injury 
of the Gommonwealth^ & to the oppression of individuals 
hy the summoning of unnecessary tvitnesses by Justices of 
the peace, at the request of pi'ivate prosecutors of criminal 
sxifs, for prevention thereof, 



Acts, 1791. — Chapter 54. 343 

Be it further Enacted that no Justice of the ijeace shall summonses not 

, [, I . . 'O issue except, 

herearter have jiower to issue summonses for witnesses to in certain cases. 
appear at any Court, or before any Justice of the peace, 
except on complaint brought before himself, to give evi- 
dence in behalf of the Commonwealth upon any criminal 
suit, unless it be l)y the request of the Attorney General 
or person acting as State's Attorney in the County where 
such Justice dwells, & and no witness summoned without 
such request, shall be allowed any pay for his travel or 
attendance : And when any Justice of the peace shall i;;w^o'be*^"*^ 
issue any Summons at the request of the party prosecuted, expressed. 
it shall be so expressed in the Summons, and the Witness 
shall therein be required to appear & give evidence upon 
condition such person prosecuted pays him his legal fees, 
but not otherwise. March 6, 1792.* 

1791. — Chapter 54. 

[January Session, ch.38.] 

AN ACT IN ADDITION TO AN ACT PASSED ON THE TENTH DAY 
OF JUNE ONE THOUSAND SEVEN HUNDRED & NINETY ONE, 
ENTITLED, "AN ACT FOR ESTABLISHING THE BOUNDARY 
LINE BETWEEN THE TOWNS OF BROOKFIELD & NEW- 
BRAINTREE IN THE COUNTY OF WORCESTER." 

Wliereas doubts have arisen relative to the dividing Line Preamble. 
in said Act mentioned by reason whereof inconveniences 
may arise, for preventing the same; 

Be it enacted by the Senate & House of Representatives 
in General Court Assembled (& by the authority of the 
same, that the second enacting clause in the said Act men- clause repealed. 
tioned be & the same is hereby repealed — 

And be it further enacted by the authority aforesaid, 
that the dividing Line between the said towns of Brook- Boundaries. 
field & New Braintree, shall hereafter run as followeth, 
to wit, l)eginning at the Northeast corner of Joseph 
Barnes's original farm, which corner is a heap of Stones 
by the Southerly side of the road leading from Joseph 
Barnes's Dwelling house to Francis Stone's dwelling 
house & is the most northerly corner of a small tract 
of Land which said Barnes purchased of said Stone & 
from thence running Northeasterly to the Northwest cor- 
ner of the Land which Samuel Harrington purchased of 
Joseph Thurston on the original North Line of the town 

* Approved March 8, 1792. 



3J4 



Acts, 1791. — Chaptbks 55, 56. 

of BroolyfieU; And that all lands lying on the northwest- 
erly Side of said line heretofore belonging to the town of 
Brookfield be & the same are hereby annexed to the town 
of New Braintree — And all the lands lying on the South- 
easterly side of said Line heretofore belonging to the town 
of New Braintree be & they hereby are annexed to the 
town of Bvoolcfield. March 8, 1792. 



PreatnbU 



1791. — Chapter 55, 

[January Seesion, ch. 39.] 
AN ACT IN ADDITION TO AN ACT PASSED FEBRUARY THE 
TWENTY SECOND, ONE THOUSAND SEVEN HUNDRED & 
NINETY, ENTITLED, "AN ACT TO PREVENT THE DESTRUC- 
TION OF THE FISH CALLED ALEWIVES IN TAUNTOX GREAT 
RIVER SO CALLED IN THE COUNTY OF BRISTOL, & TO REG- 
ULATE THE CATCHn^G OF SAID FISH THEREIN FOR THE 
FUTURE. 

Whereas the provision made in the said Act for ;;re- 
ventinr/ the destruction of the said Fish has been found 
insufficient for that purpose; — 

Be it therefore enacted, hy the Senate & House of Rep- 
resentatives in General Court Assembled di by the author- 
penauy'-"'"" ^tv ^f thc samc, that from & after the publication of this 
Act, it shall not be lawful for any person Avith scoop nets 
or any other instruments nor at any other time or place, 
than IS allowed by said Act, to molest, hinder or take 
said fish on the penalties made & provided in said Act. 

And be it further enacted by the authority aforesaid 
that it shall be the duty of the persons chosen by the 
towns on said river to enforce said Act, to remove or 
cause to be removed all hindrances & obstructions in said 
River & to prevent all unlawful catching of said Fish as 
aforesaid in their towns respectively on the penalties 
made & provided in & by said Act. March 5, 1792. 



Duty of Com 
mittee. 



1791. -Chapter 56. 

[January Session, ch. 42.] 
AN ACT FOR INCORPORATING DANIEL REED AND OTHERS 
PROPRIETORS OF A CERTAIN TRACT OF MEADOW LAND IN 
THE TOWN OF ABINGTON KNOWN BY THE NAME OF THE 
OLD MILL POND MEADOW, INTO A BODY CORPORATE BY 
THE NAM].; OF THE PROPRIETORS OF THE OLD MILL POND 
MEADOW. 

Whereas Daniel Reed, Micah Hunt Nathan Gurney, 
John Porter, Silas Gurney, Eliab Noyes, David Jenkins 



Acts, 1791. — Chapter 56. 345 



jr. Luke Bicknell, Jacob Bicknell, Isaac Tirrell, Barnabas 
Reed, Seth Porter, Josiah Torrey, Phillip Pratt, Jacob 
Keed od. and John Hobart, proprietors of the aforesaid 
tract of Meadow land in the township of Abington in the 
County of Plimouth, butted & bounded as folloivs, viz. 
J^ast on the upland lots, belonging to John Gurney, Benoni 
Gurney, Noah Gurney, David Jenkins Junr. Silas Gur- 
ne}^ and others; JSForth on Josiah Torrey, Daniel Reed, 
and Isaac Tirrell, — loest on upland lots belonging to John 
Porter, Seth Porter and Jacol) Reed ; and south on John 
Ciurney, together with a road t^vo rods in width from said 
Meadoiv land to the Country road, so called, on the north 
side of lot 7iumbered, six, on the upland, and which fell 
to William Reed, in the first division of said lotts, have 
petitioned the General Court that they, their heirs and 
assigns may be incorporated into a Body corporate by the 
name of The proprietors of the old Mill pond meadow 
in Abington, for the purpose of better improving said 
Meadoiv ; 

Be it therefore Enacted by the Senate and House of Rep- 
resentatives in General Court assembled cC- by the authority 
of the same, that the said Daniel Reed and others al)Ove PropnetorB in- 
named, proprietors of the aforesaid meadow, they their *=°''p°'''*^''''- 
heirs & assigns be, & here])y are incorporated into a body 
corporate by the name of the proprietors of the old Mill 
2)ond Meadow in Abington for the purpose of a more ad- 
vantageous improvement of said Meadow. 

And be it Enacted by the Authority aforesaid, that the —empowered to 
said Daniel Reed & others proprietors of said Meadow, ''"''y*"*''- 
their heirs & assigns be, and they hereby are allowed & 
impowered to raise by assessment or tax to be made and 
levied on all the proprietors of the said Meadow, lying 
within the bounds above described, according to the in 
terest they severally have therein, such sum or sums of 
money as may be necessary from time to time for defrey- 
ing the expences of fencing said Meadow & for removing 
the obstructions from the Rivers and Brooks in the same ; 
& for opening & keeping open such a number of ditches, 
as shall in the Judgment of the major part of said pro- 
prietors be necessary in said meadow, said sums to be 
agreed upon by the major part of said proprietors their 
heirs or assigns that shall or may l)e present at any 
meeting legally warned for that purpose. 



346 



Acts, 1791. — Chafter 56. 



Meetings regu- 
lated, hb pre- 
Bcribed by a 
former law. 



Proprietors 
empowered in 
caae of delin- 
quency — 



Proprietors to 
be governed by 
the majority. 



And be it furlher Enacted by the authority aforesaid, 
that the meetings of ^aid proprietors, shall be called and 
conducted in the same manner as those of proprietors of 
common lands, i)rescribed l)y an Act, passed the tenth day 
of March in the year of Our Lord, One thousand seven 
hundred & eighty four, relating to lands, wharves and 
other real estate lying in common & undivided ; & the 
said proprietors are hereby authorized & impowered to 
chuse all such officers as may be necessary for managing 
the business aforesaid, in the same manner as proprietors 
of common lands are impowered to chuse officers at their 
legal meetings. 

And he it farther Enacted, that if any of the proprie- 
tors of said Meadow, shall neglect or refuse to pay the 
sum or sums of money duly assessed upon him or them, 
for the sj)ace of six months after such money shall have 
been granted ; or for the space of one month after his as- 
sessment shall have been shown to him, or a copy thereof 
be left at his usual place of abode, the said proprietors for 
the purpose of collecting the money in such assessment 
arc hereby fully empowered from time to time at pul)lic 
vendue, to sell and convey so much of said delinquent i)ro- 
prietor's part or share in said Meadow, as will be sufficient 
to pay and satisfy the sum or sums assessed upon such 
delinquent proprietor as aforesaid, and all reasonable 
charges attending such sale to any person that Avill give 
the most for the same ; notice of such sale & of the time & 
place, being first given, by posting up an advertisement 
thereof in some public place in said Ahington, six weeks 
before the sale thereof; and said i)roprietors may by their 
Clerk or a Committee chosen for that purpose make and 
execute a good & lawful deed or deeds of conveyance of 
the Meadow so sold unto the purchaser thereof, to hold 
in fee simple. 

Provided nevertheless, that the proprietor or proprie- 
tors whose part or share shall be sold as abovesaid, 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 & charges, together with the further sum of 
six pounds more for each hundred j^ounds produced by 
such sale, and so in proportion for a greater or less sum. 

And be it further Enacted by the authority (foresaid, 
that the proprietors aforesaid, are hereby imi)owered to 
order and manage all affairs relative to improving said 



Acts, 1791. — Chapter 57. 347 

meadow, in such way and manner as shall be concluded 
and agreed upon by the major })art of those who are 
therein interested, & present at any legal meeting; the 
votes to be collected according to the interest of said 
l)roprietors. March S, 1702. 



1791. — Chapter 57. 

[January Session, ch. 43.] 

AN ACT TO INCORrORATE HENRY KNOX ESQR. & OTHERS FOR 
THE PURPOSE OF OPENING A NAVIGABLE CANAL FROM SOME 
PART OF CONNECTICUT RIVER TO COMMUNICATE WITH THE 
TOWN OF BOSTON, BY THE NAME OF THE PROPRIETORS OF 
THE MASSACHUSETTS CANAL. 



'reamble. 



Whereas the estahUshment of a Navigable Canal through Pr 
Hie interior parts of this CommonwealtJi to the Capital, 
must promote the essential Interests of this Commonwealth, 
by facilitating the means of transportation from one part 
of the Commonwealth to the other, cO tvhereas the said 
Henry Knox cC others have petitioned this Court to incor- 
porate them with certain previleges for that purpose ; 

Be it enacted by the Senate & House of Bejjresenfatives 
in General Court assembled d* by the authority of the 
same, that Henry Knox, John Coffin Jones, David Cobb, ^'^j:^°°J' •°'=°''- 
Benjamin Hitchborn & Henry Jackson, Esquires with such 
other persons as have with them associated & all those 
who may hereafter become Proprietors in the said Canal, 
be & they hereby are constituted a Corporation & body 
politic for the purpose aforesaid, by the name of the 
l^roprietors of the Massachusetts Canal, & by that name 
may sue & be sued to final judgment & Execution & do 
& suffer all matters, acts & things, which bodies politic 
may or ought to do or suffer ; & the said Corporation 
shall & may have & use a common Seal & the same may 
break & alter at pleasure. 

And be it further enacted by the Authority aforesaid, 
that the said Henry Knox, John Coffin Jones, David hJld'^'eeikiga. 
Cobb, Benjamin Hichborn &, Henry Jachson Esquires, or 
any two of them may by Advertisement in two of the 
Boston News papers, warn & call a meeting of the said 
Proprietors to be holden at any suitable time & place 
after thirty days from the first })u])lication of the said 
Advertisement, & the Proprietors by a Vote of the Major- 
ity of those present, or represented at the said meeting 



348 Acts, 1791. — Chapter 57. 

(accounting & allowing one vote to a single share in all 
cases, provided however that no one proprietor shall be 
allowed more than twenty votes) shall choose a Clerk 
who shall be sworn to the faithful discharge of his Office ; 
^'"ifmrm'ke ^^ ^he said Proprietors shall also agree on a method of 
i.ye-iaw«. calling futurc mcctings, and at the same or any subsequent 

meetings may elect such Officers & make & establish such 
rules & bye-laws as to them shall seem necessary or con- 
venient for the regulation & Government of the said Cor- 
poration, for carrying into effect the purpose aforesaid, & 
the same rules & bye-laws may cause to be executed & 
may annex penalties to the breach thereof not exceeding 
four pouiuh, provided the said rules & bye-laws are not 
repugnant to the Constitution or Laws of this Common- 
wealth : And all representations at any meetings of the 
said Corporation, shall be proved by writing signed by 
the Person to be represented, which .shall ])c filed by the 
Clerk : And this Act, & all rules, bye-laws, regulations & 
proceedings of the said Corporation shall l)e fairly & truly 
recorded by the said Clerk in a Book or Books to Ije 
provided & kept for this purpose. 

And he it farther enacted by the Authority aforesaid, 
withinTHmited ^'I'^t ^^^ ^^^^ proprietors be & they arc hereby authorized 
time to open n ^yv impowcred exclusively within the term of fourteen 

navigable '^ •i'a ii-i 

years irom the passing this Act to open & establish a 
Navigable Canal from any part of Connecticut River 
between the Town of Springfield & the northern limits 
of this Commonwealth, or from any other part of said 
River (i)rovided they obtain permission from the State 
through which the same may pass), to communicate with 
the Town of Boston or the waters surrounding said Town 
& also to open & establish any branch or branches from 
said Canal to communicate with any other parts or places 
within this Commonwealth & for the purposes aforesaid 
to take, use, occupy & possess exclusively in fee simple 
or otherwise any Land or Avater which may be necessary 
to compleat said Canal & the appendages thereof, they 
paying therefor in manner as is herein after directed; pro- 
vided the land so taken shall not exceed twenty five feet 
in Avidth on each side & running the whole length of said 
Canal for the purposes of building & repairing said Canal, 
for towing, paths & other necessary uses, unless the 
parties interested shall otherways agree. 

And ivhereas it may he necessary that said Proprietors, 



Caual. 



Acts, 1791. — Chapter 57. 349 

make use of <& appropriate the lands or other property of 
private persons, 

Be it further enacted by the Authority aforesaid, that ^ofn^ej^,,"^^ j 
when the said Proprietors & the owner or owners of such ^o"'t in case of 
hinds, water, water courses, Streams, mills, mill dams or ihe'p»riies.'^^^° 
other property or Estate which may be necessary for the 
purposes aforesaid cannot agree upon the value of the 
same nor mutually agree upon some suitable person or 
persons to appraize the same, the Justices of the Su].)reme 
Judicial Court are hereby authorized & impowered at any 
Session within the County Avhere such land, water or 
other Estate may lie, upon application of either party to 
appoint three disinterested Freeholders within such County 
whose appraizement under oath, made upon the same 
principles as private property is estimated when taken & 
appropriated for highways, being returned into said Court 
& by them accepted shall be final between the parties & 
vest the estate so appraized in the proprietors of said Canal, 
unless either party being dissatistied with such appraise- 
ment shall at the next Session of said Court to be holden 
in such County after the acceptance of said appraizement, 
ap[)ly for a decision by a Jury ; in which case the said pea°uf ju"y?^' 
Court is hereby empowered to hear & finally determine 
the same by a jury under oath to be summoned by the 
Sheriff or his Deputy for that purpose, or by a new Com- 
mittee if l)oth parties shall agree thereto ; & if the Jury 
or Committee last mentioned, who are to be under oath, 
shall not return a verdict or report more favoral)le to the 
party applying than that of the first Committee, the party 
applying shall pay the Costs, otherwise, the party not 
applying shall pay the costs ; in both cases judgment i^''^^^Xeva\ct 
shall be made up agreeable to the verdict of the Jury, of the jury. 
or report of the Committee last mentioned, so far as 
respects damage with or without a deduction of the cost 
therefrom, as the case shall require, & execution issue 
therefor ; & the proprietors of the said Corporation in PropiietorB 
their Individual Capacity shall be and hereby are made "xeciuion.'^'^" '" 
liable to be taken in Execution on such Judgment, in the 
same manner as the Inhabitant of any Town in this Com- 
monwealth are by law liable, in certain cases ; and the 
estate thus estimated shall vest in the i)roprietors of the 
said Canal. 

And he it further enacted, that when the land or other Guardians of 

. ,,11 • , T ,' , t~i y^v incapacitated 

property or estate belonging to lotants. Femes Covert or persons author- 



350 



Acts, 1791. — Chapter 57. 



ized to act in 
their be-half. 



Justices of S. J. 
Court empow- 



the Canal &c. 



l)ersons non compos mentis shall be taken & appropriated 
for the use & purposes of said Canal as aforesaid, the 
husbands of such Femes Covert & the Guardians of such 
infants or persons non comjjos mentis, respectively, may 
execute any Deeds, enter into any contracts or do any 
other matter or thing respecting such lands or other 
estate to l)e taken and appropriated as aforesaid, as they 
might do if the same were by them holden in their own 
rights respectively. 

And be it farther enacted by the authority aforesaid, 
that the Justices of the Supreme Judicial Court upon the 
tocieier- application of the Selectmen of any Town or the pro- 
)iitige8'^ac?0B"^ prietors of any land through which said Canal may pass, 
be and hereljy are authorized & empowered at any Session 
within the County where such lands lie, to appoint three 
disinterested freeholders in such County, who shall, after 
hearing the parties on oath, determine what Bridge or 
Bridges shall be erected across said Canal for the accom- 
modation of the public where said Canal may pass through 
the Highway, or for the accommodation of Individuals 
whose lands may be intersected by the said Canal, & also 
to determine upon the Amount of damage which may be 
done to the land or estate of any person or persons by 
overflowing the same or otherwise ; & in case such bridge 
or bridges shall not be erected within such time or in such 
manner as shall be directed by such Freeholders, provided 
their reports be accepted by said Court, the said Corpo- 
ration may be sued & prosecuted by the public or such 
pei-son or persons as may be injured thereby. 

And be it further enacted by the Authority aforesaid, 
that any proprietor's share or shares in said Canal may 1)e 
transferred by Deed acknowledged & recorded hy tlie 
Clerk of said Corporation in a Book to be kept for that 
purpose; & when any share or shares of said Canal shall 
be attached as the property of any of said Proprietors on 
mesne process, an attested copy of such process shall l)e 
left with the said Proprietor's Clerk at the time of such 
attachment, otherwise, the same shall be void. 

And be it further enacted by the Authority aforesaid, 
that a toll l)e & hereby is granted for the sole benefit of 
said proprietors according to the rates following, viz, for 
every ton in weight or by measure in feet not more than 
six pence per mile, for each mile according to the course 
of the Canal, and in the same proportion for a larger 



Sharps may be 
trauMfcrred. 



Toll 
established. 



Acts, 1791. — Chapter 58. 351 

quantity, & also for a smaller quantity not less than 
one quarter of a ton, exclusive of toll for passing the locks 
which may be in the said Canal & which may be hereafter 
regulated & established by the General Court, & for every 
article less than one quarter of a ton, such toll as shall be 
established by the proprietors aforesaid. 

And be it furilier enacted by the authority aforesaid, 
that said proprietors shall receive said toll and possess & S'be'the'iiiop- 
cnjoy the emoluments of said Canal, together with the p^'^ "fetm'g 
waters streams and rivers which they shall make use of forever. 
for the said Canal, so far as it shall be necessary for the 
same, forever ; provided^ that the General Court shall at i^'oviso. 
all times after the expiration of seventy years from the 
completion of said Canal, alter, regulate & determine the 
toll thereof, & [and] the said Commonwealth shall be en- 
titled to & receive one quarter part of the net proceeds 
thereof forever. 

And be it further enacted by the authority aforesaid, 
that when & so often as the said proprietors shall have Toiitocom- 



finished a proportion of said Canal equal to ten miles in cenafnpartis 
length, according to the course of said Canal, they shall '^omp'e'ed. 
])e entitled to receive a toll thereon in the manner and at 
the rates herein before provided. 

Provided and be it further enacted, that from and after Proviso, 
the expiration of five years from the time of passing this 
Act, if the Corporation lierel)y created shall not have com- 
pleated ten miles at least of the said Canal, the Legislat- 
ure of this Commonwealth may upon the application of 
any other company for the privileges herel:)y granted, in- 
corporate such other compan}^ for the purpose of com- 
pleating the said Canal. March 8, 1792 * 

1791. — Chapter 58. 

[January Session, cli. 33.t] 

AN ACT PROVIDING FOR THE DUE OBSERVATION OF THE 
LORD'S DAY AND REPEALING THE SEVERAL LAWS HERE- 
TOFORE MADE FOR THAT PURPOSE. 

Whereas the observance of the Lord's day, is highly Preamble. 
pro7notive of the welfare of a Community , by affording 
necessary seasons for relaxation from labour & the cares of 
business; for moi'al reflections & conversation on the ditties 
of hfe, & the frequent eri'ors of human conduct; for public 

* Approved March 10, 1792. 

t Wrougly numbered in session pamphlet; should be ch. 36. 



352 Acts, 1791. — Chapter 58. 

and privale ivorship of the Maker, Governor & Judge of 
the World and for those acts of charity which supjoort and 
adorn a Christian Society ; And whereas some thoughtless 
tb irreligious jjersons, inattentive to the duties & benefits of 
the Lord's day, profane the same hy unnecessarily pursuing 
their ivorldly business and recreations on that day, to tlteir 
own great damage, as members of a Christian Society, to 
the great disturbance of ivell disposed pei'sons, S to the great 
damage of the community, by producing dissipation of 
manners dc immoralities of life. 

Be it therefore enacted by the Senate and Hou^e of Rep- 
resentatives in General Court assembled and by the author- 

fhe Loid'8°da°y. ^'^^ '^if ^^^^ samc, that no person or persons whatsoever 
shall keep open his, her or their shop, ware-house, or 
work house, nor shall upon land or water do any manner 
of labour, business or work, (works of necessity & charity 
only excepted) nor be present at any concert of musick, 
dancing, or any public diversion, shew or entertainment, 
nor use any sport, game, play, or recreation on the Lord's 

Penalty. ^\^y ^ q^ j^j^y ^^^^ thereof upon penalty of a sum not ex- 

ceeding twenty shillings, nor less than ten shillings for 
every offence. 

hibited'"^ ^"° ^^ '"^ /wr^/fer enacted by the authority aforesaid, that no 
traveller, drover, waggoner, teamster, or any of their ser- 
vants, shall travel on the Lord's day or any part thereof 

Penalty. (cxccpt from nccessity or charity) upon the penalty of a 

sum not exceeding twenty shillings, nor less than ten shil- 
lings. 

lovhKAA^TiTcn. ^^ *^ further enacted, that no vintner, retailer of strong 

tertain. Hfjuors, inuholdcr, or other person keeping a house of 

pul)lic entertainment, shall entertain or sulfer any of the 
inhaljitants of the respective towns where they dwell, or 
others not being travellers, strangers or lodgers in such 
houses, to al)ide and remain in their houses, yards, orchards 
or fields, drinking or spending their time either idly or at 
play, or doing any secular business on the Lord's day, or 

Penalty. aiiy part thcrcof, on penalty of ten shillings payable by 

such vintner, retailer or innholder, or person keeping such 
house of entertainment, for each person so entertained or 
suffered; and every person so drinking or abiding (ex- 
cept as aforesaid) shall pay a fine not exceeding ten shil- 
lings, nor less than^ve shillings; and every such licenced 
person upon any conviction after the first, shall pay a fine 
of twenty shillings, and having been three times convicted, 
shall be debarred from renewino; his licence forever after. 



Acts, 1791 . — Chapter 58. 353 

And although it is the sense of this Cow't that the time rreambic. 
commanded in the sacred sa-ijjtures to be observed as holy 
time, includes a natural day, or twenty four hours; yet 
whereas there is a difference of opinion concerning the he- 
ginning and ending of the Lord's day, among the good 
people of this Commonwealth, and this Court being un- 
ivilling to lay any restrictions which may seem unneces- 
sary or unreasonable to persons of sobriety & conscience; 

Be it therefore enacted bii the authority aforesaid, that Time to include 

,,,,,. < 1 A- L- 'L^ 1 1 the Lord's clay. 

all the foregoing regulations, respecting the due observa- 
tion of the Lord's day shall be construed to extend to the 
time included between the midnight preceeding and the sun 
setting of the same day. 

Be it enacted by the authority aforesaid, that no person Prohibitions in 
shall be present at any concert ot musick, dancing, or onpenaky"/"' 
other public diversion, nor shall any person or persons, 
use any game, sport, play or recreation, on the hind or 
water on the evening next preceeding or succeeding the 
Lord's day, on pain of ten shillings for each oftence, and 
no retailer, innholder or person licenced to keep a pulilic 
house, shall entertain, or suffer to remain, or be in their 
houses or yards, or other places appurtenant, any person 
or persons (travellers, strangers or lodgers excepted) 
drinking or spending their time on the said evenings, on 
penalty of ten shillings for each offence. 

And ivhereas the public worship of Almighty God is Preamble. 
esteemed by christians an essential part of the due observ- 
ance of the Lord's day and requires the greatest decency 
and reverence for a due performance of the same; 

Be it therefore enacted, that any person being able of Penalty for non- 
body and not otherwise necessarily prevented Avho shall imbiic worship. 
for tlie space of three months together absent him or 
herself from the pul)lic worship of God on the Lord's da}^ 
[provided there be any place of worship at which he or 
she can conscientiously and conveniently attend) shall 
pay a fine of ten shillings. 

Be it further enacted by the authority aforesaid, that if "u"'.;'"'^'"^""' 
any person shall on the Lord's day within the walls of any tireeuug""^ ' 
house of public worship, behave rudely or indecently, he 
or she shall pay a fine not more than forty shillings, nor 
less than^^;e shillings. 

And be it enacted by the authority aforesaid, that if any — orinterrupt- 
person or persons either on the Lord's day, or at any other "hfp','atan7°'^ 
time shall willfully interrupt or disturb any assembly of "'hertime. 
people met for the public worship of God, within the 



354 



Acts, 1791. — Chapter 58. 



Writs not to be 
served on the 
Lord's day. 



Duty of Tyth- 
Ing men. 



Their Powers. 



Penalty. 



place of their assembling, or out of it, he or they shall 
severally pay a line not exceeding ten pou7ids nor less than 
twenty shillings. 

Be it further enacted by the authority aforesaid, that 
no person shall serve or execute any civil process from 
midnight precccding to midnight folloAving the Lord's day, 
but the service thereof shall be void, & the person serving 
the same shall be as liable to ansAver damages to the party 
aggrieved, as if he had done the same, without any such 
civil process. 

And he it further enacted, that the Ty thing men chosen, 
or which shall be chosen in the several towns & districts 
within this Commonwealth, shall be held & obliged to en- 
quire into, and inform of all offences against this Act, and 
all such Ty thing men as shall be hereafter chosen, shall 
take the following oath, — 

YOU being chosen a Tything man for the town of 

for the 3^ear ensuing, and until another shall be chosen 
in your room, do solemnly swear that you will diligently 
attend to and fiithfully execute the duties of the said 
office without partiality, and according to your best 
discretion and judgment. 8o help you GOD. 

And every such Tything man is hereby authorized & 
impowered to enter into any of the rooms and other parts 
of an inn or public house of entertainment on the Lord's 
day and the evening preceeding & succeeding, and if such 
entrance shall be refused to any Tything man the Landlord 
or licenced person shall forfeit the sum o^ forty shillings 
for each and every offence. And the said Tythingmen 
are hereby further authorized and empowered within 
their respective towns, to examine all persons whom they 
shall have good cause from the circumstances thereof to 
susi3ect of unnecessarily travelling as aforesaid on* the 
Lord's day, & to demand of all such persons the cause 
thereof, together with their names and places of abode ; 
and if any person shall refuse to give answer or shall give 
a false answer to such demand he shall pay a fine not 
exceeding j^i'e pounds nor less than twenty shillings; and 
if the reason given for such travelling shall not be satis- 
factory to such Tything man, he shall enter a complaint 
against the ])erson travelling before a Justice of the peace 
in the County where the offence is comniitted if such })er- 
son lives in such County, otherwise shall give information 



Acts, 1791. — Chapter 59. 355 

thereof to some Grand juryman to be by him laid before 
the Grand Jury for their consideration and presentment. 

And be it further enacted, that the oath of any Tything oath valid. 
man shall be deemed fiiU & sufficient evidence in any trial 
for any oflence against this Act, unless in the judgment 
of the Court or Justice, the same shall be invalidated by 
other evidence that may be produced. 

And he it further enacted that the special authority Authority ex- 
given l)y this Act to Tythingmen for preventing the ""'*' " 
lu-eaches thereof shall not be construed or understood to 
exempt any Sheriff, Grand Jurors, Constables or other 
Officers or persons whatsoever from any obligation or duty 
to cause this Act to be put in execution, but they shall be 
held to take due notice and prosecute all l)reaches thereof, 
such special authority notwithstanding. 

And he it further enacted, that all the penalties & lines Fines appro- 
incurred and paid for any of the offences aforesaid, shall ^"""^ " 
be for the use of the Commonwealth — And that all said 
offences, the penalties against which exceed forty shillings 
shall be prosecuted by presentment of the Grand Jury, 
before the Court of General Sessions of the peace in the 
County wherein the offence may be committed ; — But all 
offences, the penalty whereof does not exceed forty shil- 
lings (except the offender lives out of the County in which 
the offence may be committed) shall be prosecuted by 
complaint before a Justice of the peace in such County : 
— But when the oflender lives out of such County he may 
be prosecuted by presentment as aforesaid, although the 
penalty does not exceed forty shillings. 

And he it further enacted by the authority aforesaid, 
that all Laws heretofore made, so far as they relate to the Laws repealed. 
due observation of the Lord's day, be and here])y are 
repealed & declared null and void. March 8, 1792. 

1791. — Chapter 59. 

; [January Session, ch. 34.*] 

AN ACT PROVIDING FOR THE SECURITY OF THE TREASURY 
OF THIS COMMONWEALTH. 

Be it enacted by the /Senate and House of Representa- 
tives in General Court assembled & by the authority of the 
same, that every person who shall be hereafter, pursuant oath« and suro 
to the Constitution, chosen to the office of Treasurer & Re- '""* '^''^" 
ceiver General and accept the same, shall before he enters 

* Wrongly numbered in session pamphlet; sliouUl be chapter 37. 



356 Acts, 1791. — Chapter 59. 

on the discharge of the business of such office, take and 
sul)scribe before the Governor & Council, the oaths or 
affirmations & declarations required of such officer by the 
Constitution of this Commonwealth and laws of the 
United States, and shall likewise become bound with 
three sureties at the least, to be ai)proved as sufficient 
by the Governor with the advice of Council, and with 
such officer to be jointly and severally holden thereupon 
in the sum of thirty thousand pounds to the Common- 
wealth, the condition of which bond shall be to the fol- 
Condition of the lowing cffcct ; that is to say, that the person chosen and 
qualified or to be qualified as aforesaid, and undertaking 
the said office of Treasurer and Eeceiver General, and all 
persons who shall be by him entrusted and employed in 
such office, shall in all things faithfully and honestly dis- 
charge and perform their respective duties and trusts 
which are or shall be of or in them respectively required 
or had ; and more especially that the said Treasurer & 
Receiver General shall during his continuance in office, 
use all necessary and reasonable diligence and care in the 
safe keeping and lawful disposal of all sums of money, 
books, bonds, notes, papers and all other matters and 
things appurtenant to the said office, and which by virtue 
thereof have or shall come to the hands of the said Treas- 
urer and Receiver General his agents or servants ; and 
thereof, and of all expenditures in the said office, the 
said Treasurer & Receiver General his heirs executors, 
administrators or sureties or some one of them shall ren- 
der a just and true account when by law, or by the Sen- 
ate and House of Representatives for the time being, or 
by either of them, with reasonable notice, required ; and 
shall, at the exp[r]iration of the office of such Treasurer and 
Receiver General, by a new choice or his death or resig- 
nation, or any vacancy thereof which shall be by virtue 
of this Act declared by the Governor with the advice of 
Council, produce and deliver over without fraud, embez- 
zlement or delay, all and singular the monies, books, 
credits and other appurtenances of the said office then re- 
maining in the custody of the said Treasurer and Receiver 
General his agents or servants, to such person or persons, 
as are or shall be by law appointed and authorized to re- 
ceive the same ; and that the said Ti-easurer and Receiver 
General his executors or administrators or the said sure- 
ties, or their respective executors or administrators or 



Acts, 1791. — Chapter 59. 357 

some of them, shall as soon as may be then after, & as far 
as in them lies, cause a final adjustment of the accounts 
of said office, and all balances and defalcations which 
shall appear against such Treasurer or Receiver General, 
thereupon shall pay or cause to be paid into the Treasury 
of this Commonwealth. 

A7id be it further enacted, that the Governor with the omce to be de- 

1 • i? /^ •! J.1 I • J. J.' 1 claied vacant 

advice ot Council upon the complaint or suggestion made, lu case- 
under oath, of any person or persons, and more especially 
of any surety of a Treasurer and Receiver General in any 
bond to be taken as aforesaid, that such officer is insane 
or manifestly insolvent, or hath absconded and concealed 
himself for fear of his just creditors, or is absent from this 
Commonwealth, or the duties of his said office to the im- 
minent hazard of the said Commonwealth in respect to 
the trusts in such officer reposed, and the truth of such 
complaint or suggestion appearing upon due examination 
thereof had, shall have authority and it shall be their duty 
to discontinue such Treasurer & Receiver General and to 
declare such office vacant. 

And be it further enacted, that upon the death or resig- secretary and 
nation of the Treasurer & Receiver General or upon any ized in case 
other vacancy of that office which the Governor with ° ^»*'*'"=y- 
the advice of Council shall l)e authorized 1)y this Act to 
declare, the Secretary with two discreet and impartial 
citizens to be appointed by warrant under the hand and 
Seal of the Governor, upon such event or declaration 
made, shall have authority and it shall be their duty re- 
si)ectively to repair to the place and places where the 
monies papers & other matters appurtenant to the Treas- 
ury are usually kept, deposited or known to be, and hav- 
ing previously notified such late Treasurer or his heirs, 
executors or administrators and the sureties bound with 
him as aforesaid, or one of them to attend thereat, shall 
seal up and secure in their presence, if they shall see fit 
to attend, all such monies, papers & other matters taken 
to be the property of this Commonwealth, and shall give 
such representatives or sureties if required by them, a true 
list of all boxes and packages which shall be so sealed and 
secured, and shall note on such list the place or places 
wherein the same are deposited, and as soon as it may 
afterwards be conveniently done, shall, having given like 
notice, cause the said boxes and packages to be examined, 
and an accurate inventory to l)e taken of the said monies 



358 Acts, 1791. — Chapter 59. 

and of all l)onds, notes, securities, books, and of any other 
matters appurtenant to the said office which shall be re- 
quired by the said late Treasurer oi* his representatives 
or sureties or either of them present thereat, and a copy 
thereof shall be lodged in the Secretary's office ; and one 
or more copies as may be required, shall be given to any 
person concerned in ascertaining the truth in the prem- 
ises ; and the said Committee shall safely keep all such 
monies, papers & other matters inventoried as aforesaid 
until another Treasurer shall be chosen, to whom they 
shall deliver over the same, when qualified in the manner 
this Act provides, taking duplicate receipts from such 
Treasurer, one of which shall be deposited Avith the Sec- 
retary, & the other with such late [late] Treasurer or his 
legal representative or his said sureties or one of them. 
Proviso. Provided always, that in the succession by the annual 

choice of a Treasurer & Receiver General, the former 
officer being present & capable of acting, duplicate re- 
ceipts shall be given by the successor, one of which being 
lodged with the Secretary shall be sufficient evidence for 
such former officer, of the property of the Commonwealth 
remaining and delivered over by him, and shall be his 
sufficient discharge therefor accordingly, without other 
proceedings as herein required. 
^rai°empowered ^^^ ^^ *^ fuHJier eiiacted, that the bonds herein re- 
iu case- quired, shall be lodged in the Secretary's office, and the 

Attorney General upon the order of the Governor with 
the advice of Council, or of the Senate and House of Rep- 
resentatives in General Court assembled, and any other 
person or persons who shall be l)y them authorized herein, 
shall and may in behalf & for the use of this Common- 
wealth, commence any action or actions upon any such 
bond and pursue the same to final judgment execution & 
satisfaction, 
orfraud " "^^^ ^'^^ ^^ ^'^ further enacted that if any Clerk or other 
person employed by the Treasurer & Receiver General 
shall commit any fraud or embezzlement therein, and 
shall be duly convicted thereof before the Supreme Judi- 
cial Court he shall be punished by fine not exceeding five 
hundred 2)ounds or by confinement to hard labour for a 
term of years or for life, according to the nature & aggra- 
vation of the offence and the judgment of the said Court 
thereupon. March S, 1792. 



Acts, 1791. — Chapter 60. 359 



1791. — Chapter 60. 

[January Session, ch. 44.] 
AN ACT PROVIDING A MORE P^ASY AND SIMPLE METHOD THAN 
IS NOW IN USE OF BARRING ESTATES TAIL IN LANDS, <S. FOR 
MAKING THE SAME LIABLE TO THE PAYMENT OF THE DEBTS 
OF THE TENANT IN TAIL. 

Whereas the method novj in use, of barring estates tail P>earabie. 
in lands tenements and hereditaments by common recoveries 
suffered at common law, is dilatory and ex^misive, and 
liable to many objections, and it is expedient to provide an 
easier and more simple method for effecting that jnirpose, 
and for conveying such lands, tenements, cO hereditaments 
in fee simple. 

Be it therefore Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that from and after the publication Persons pos- 

„,.•/.',,„ ' , , ^ ^ f sessed of estates 

of this Act it shall and may be lawiul lor any person or tail, empowered 
persons, who shall & may be seized and possessed of any '» ^eii the same. 
lands, tenements or hereditaments within this Common- 
wealth in fee tail, being of full age l)y deed duly executed 
before two or more credible subscribing witnesses acknowl- 
edged before the Supreme Judicial Court, in any County 
or the Court of Common pleas in the County where such 
lands lie, or before any Justice of the peace in this Com- 
monwealth, or before a Justice of the }:)eace or Magistrate 
in some other of the United States of America, or in any 
other State or Kingdom wherein the Grantor or Vendor 
may reside at the time of making and executing the deed, 
& recorded in the record of Deeds for such County, for a 
good or valuable consideration, bona fide, to give grant 
sell & convey such lands, tenements or hereditaments, or 
any part thereof in fee simple, to any person or persons 
capable by law of taking and holding real estates in this 
Commonwealth; and such deed so executed, acknowl- 
edged & recorded, shall be sufficient and eflectual in law 
to1)ar all estates tail in such lands, tenements or heredita- 
ments ; & all right and title of the tenant or tenants in 
tail, & their issue in tail, & of all others claiming under 
& by force of the original gift or grant, which created 
such estate tail, in & to such lands, tenements or here- 
ditaments, and all reversions & remainders expectant 
upon the determinations of such estates tail ; & to pass, 
& to vest the absolute inheritance in fee simple of such 



3G0 



Acts, 1791. — Chapter 61. 



Estates so held, 
to be subject — 



lands, tenements or hereditaments, in such purchasers, or 
grantees without any fine or common recovery made or 
suffered, or any other act or ceremony whatever, any law, 
custom or usage to the contrary notwithstanding. 

And be it further Enacted, that all lands, tenements or 
hereditaments in this Commonwealth, held, or that may 
1)6 held in fee tail, general or special, shall be, and are 
hereby declared to be liable & subject to the payment of 
the debts of the tenant in tail in the same way & manner 
as other real estates are liable and subject, as well after 
the decease, as in the life time of such tenant in tail. 

And be [if] further Enacted, that whenever any person 
shall hereafter in & by his last will & testament, devise 
any lands, tenements, or hereditaments to any person, for 
& during the term of such person's natural life, & after 
his death to his children or heirs, or right heirs in fee, 
such devise shall be taken & construed to vest an estate 
for life only in such Devisee, & a remainder in fee simple, 
in such children, heirs or right heirs, any law usage or 
custom to the contrary notwithstanding. 

March S, 1792. 



Evidence ad- 
mitted in case 
of forgery. 



1791.— Chapter 61. 

[January Session, ch. 41.] 

AN ACT FOll MAKING THE CERTIFICATES OF CERTAIN OFFI- 
CERS, EVIDENCE IN CRIMINAL CASES. 

Be it enacted by the /Senate and House of Representatives 
in General Court assembled & by the authority of the same, 
that in all criminal prosecutions within this Common- 
wealth for forging or altering any paper or other bill of 
credit of the United States of America, or either of said 
States, or of uttering or passing any such paper or other 
bill of credit knowing the same to be forged or altered, 
or of holding and possessing such forged or altered bill of 
credit with intent to utter or jmss the same, knowing the 
same to l)e forged or altered, the certificate under oath of 
the Secretary or Treasurer of the said United States of 
America, or of either of the said States, of the tenor 
of the true ])ill alledged to be forged or altered, shall be 
admitted on trial in such prosecution for the purpose of 
proving such l>ill of credit to 1)e forged or altered. 

March 8, 1792. 



Acts, 1791. — Chapter 62. 361 

1791. — Chapter 63. 

[January Session, ch. 45.] 

AN ACT FOR INCOllPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER CHARLES-RIVER FROM 
THE WESTERLY PART OF BOSTOX TO CAMBRIDGE, AND FOR 
EXTENDING THE INTEREST OF THE PROPRIETORS OF CHARLES 
RIVER BRIDGE FOR A TERM OF YEARS. 

Whereas the erecting a Bridge over Charles River fro7n Preamble. 
(he westerly part q/" Boston near the Pest House, so called, 
to Pelham's Island in the town of Cambridge, looidd he of 
great public utility, and Francis Dana and others and 
Oliver Wendell and others, have respectively petitioned 
this Court for an Act of incorporation to imjjoiver them to 
build said Bridge, and many persons in exp)ectation of such 
an Act have subscribed to a fund for executing and com- 
p)leating the aforesaid purpose. 

Be it therefore enacted by the Senate and House of 
Bepresentatives in General Court assembled and by the 
authority of the same, that the Honorable Francis Dana, Proprietors in. 
the Honorable Oliver Wendell, the Honorable James ''°'^'°'''''^- 
Sullivan, Henry Jackson Esquire, Mungo Mackay & 
William Wetmore Esquire so long as they shall continue 
proprietors in said fund together with all those who are 
and those who shall become proprietors of said fund or 
stock, shall be a corporation and body politic under the 
name of the proprietors of the West Boston Bridge, and 
by that name may sue and prosecute, & be sued and prose- 
cuted to final judgment and execution, and do and suffer 
all other acts and things which bodies politick may or 
ought to do and suffer, and that said corporation shall and 
may have full power & authority to make have and use a 
common Seal and the same to break alter and renew at 
pleasure. 

And be it further enacted, that the said Francis Dana, Empowered to 
Oliver Wendell, James Sidlivan, Henry Jackson, Mungo '^"" " "''''"'"*''• 
Mackay & William Wetmore or any three of them, may 
by advertisement in any two of the Boston news papers, 
warn or call a meeting of the said proprietors, to be holden 
at Boston aforesaid, at any suitable time after seven days 
from the publication of said advertisement, and the said 
proprietors by a vote of a majority of those present or 
represented at said meeting (accounting and allowing a 
vote to each share in all cases) shall chuse a Clerk who 



362 



Acts, 1791. — Chapter 62. 



Indlransl^t""" ^^all be swom to the ftiithful discharge of his office, and 
other mutters, also shall agree on a method for calling future meetings 
& at the same or any subsequent meeting may make and 
establish any rules and regulations that shall be convenient 
or necessary for regulating the said corporation, effecting 
compleating and executing the purposes aforesaid, and for 
collecting the toll herein granted, and the same rules and 
regulations may cause to be kept and executed, & for the 
breach of any of them may order and enjoin lines and 
Froviso. penalties not exceeding four pounds ; provided that said 

rules and regulations be not repugnant to the Constitu- 
tion or laws of the Commonwealth ; and the said pro- 
prietors may also chuse and appoint any other officer or 
officers of the corporation that they may deem necessary, 
and all representations of the aforesaid proprietors at 
said meetings, shall be proved by a special ap[)ointment 
in writing signed l)y the person making the representa- 
tion which shall be filed with or recorded by the Clerk, — 
and this Act and all rules regulations and votes of said 
corporation shall be fairly and truly recorded by their 
said Clerk in a book or books for that purpose provided 
and kept, which book or books shall be subject to the 
inspection of any person or persons for that purpose 
appointed by the Legislature. 

And be it further enacted, that for the purpose of re- 
imbursing the said proprietors of the West Boston Bridge, 
the money expended and to be expended in building and 
supporting said Bridge and of indemnifying them for their 
risque, a toll be & hereby is granted and established for 
the sole benefit of said corporation, according to the rates 
following, viz, For each foot passenger or one person 
passing two thirds of a penny, — single horse cart sled or 
sleigh four pence, — one person and horse tivo pence two 
thirds of a penny, — each wheel barrow hand cart and 
every other vehicle capable of carrying like weight, one 
penny and one third of a penny, — each single horse and 
chaise, chair or sulkey eight pence, — coaches, chariots, 
phaetons and curricles one shilling each, — all other wheel 
carriages or sleds drawn by more than one horse six pence 
each, — sleighs drawn by more than one beast six p)ence 
each, — neat cattle or horses passing over said Bridge, 
exclusive of those rode or in carriages or teams, one penny 
& one third of a penny each, — swine and sheep four pence 
for each dozen and at the same rate for a greater or less 



Toll 
established. 



Acts, 1791. — Chapter 62. 363 

Dumber, — and in all cases the same toll shall be paid for 
all carriages i)assing said Bridge whether the same be 
loaded or not loaded ; and to each team, one man and no 
more shall be allowed as a driver to pass free from pay- 
ment of toll ; and at all times when the tollgatherer shall 
not attend his duty the gate or gates shall ])e left open : 
— And the said toll shall commence at the day of the tirst ooramencing & 
opening of the said Bridge for passengers, and shall con- thetoii.' 
tinue for & during the term of forty years from the said 
day, & be collected as shall be prescribed by said corpo- 
ration . 

And be it further enacted, that the said Bridge shall be Dimensious and 
l)uilt of good and sufficient materials not less than forty ™^"''"''*- 
feet wide & well covered with plank or timber suitable 
for such a Bridge, with sufficient rails on each side for 
the safety of passengers, and the said Bridge shall be 
kept accommodated with a number of lamps according Lamps. 
to the length of said Bridge, in proportion to the number 
required to be erected on Charles River Bridge, which 
shall be well supplied with oil and lighted in due season 
& kept burning untill midnight; and there shall also be Diaw. 
made a good and sufficient draw or passage way at least 
thirty feet wide at some place in said Bridge proper for 
the passing and repassing of Vessels, through which ves- 
sels may pass free of toll, and also there shall be built 
& maintained in good repair, a well constructed and sub- 
stantial pier on each side of said Bridge Sc adjoining the 
draw ; and there shall also be erected at or near the centre watch bouse. 
of said Bridge a suitable and convenient Watch House in 
or near which some proper person shall continue & reside 
from sun setting to sun rising through the year; and the 
said Bridge shall be kept in good safe and passable repair 
for the term of forty years to be computed as aforesaid, 
and at the expiration of said term shall be surrendered 
in like repair to the Commonwealth ; and at the several f'^'i\^!j''"'' 
places where the said toll shall be received there shall be 
erected by said Corporation and exposed to open view 
constantly, a board or sign with the rates of toll and of 
all the tollable articles fairly and legibly written thereon 
in large or capital letters ; and the draw shall be lifted 
without delay for all vessels without toll or pay, except 
for such as are so constructed that their masts may be 
struck and those passing for pleasure ; and said Corpora- Road to be laiu 
tion shall also lay out and make or cause to be laid out & ""'' 



364 



Acts, 1791. — Chapter 62. 



Annuity to tbe 
College. 



Apprupiiation. 



Act to be void 
in cage — 



made a good road from Pelhmn's Island aforesaid in the 
most direct and practicable line to the nearest part of the 
Cambridge road. 

And be it fur-ther enacted, that after the said toll shall 
commence, the said corporation shall pay annually to 
Harvard College or University the sum of three hundred 
pounds during the said term of forty years, to be by said 
College appropriated for the purpose of defraying the 
expence of tuition to such indigent scholars as in the 
judgment of the corporation of said University shall 
stand in need of the same ; the residue, if any there be, 
for the purpose of reducing the expence of tuition to all 
the other schollars ; and if the sum liefore mentioned 
shall be applied to any other purposes than the before 
mentioned, then and in that case it shall revert to and be 
paid into the Treasury of the Commonwealth. 

And be it further enacted, that if the said corporation 
shall refuse or neglect for the space of three years after 
the passing this Act to build & compleat the said Bridge, 
then this Act shall be void & of no effect. 

And whereas the erection of Charles Elver Bridge 2vas 
a work of hazard and public utility, and another Bridge 
in the place proposed for the West Boston Bridge may 
diminish the emoluments of Charles River Bridge, — 
Therefore for the encouragement of enteiprize, — 

Be it further enacted by the authority aforesaid, that 
the proprietors of Charles River Bridge shall continue to 
be a corporation and body politick for and during the 
term of sevent}^ years to be computed from the day that 
said Charles River Bridge was complcated and opened 
for passengers, subject to all the conditions and regula- 
tions prescribed in an Act entitled " An Act for incorpo- 
rating certain persons for the purpose of building a Bridge 
over Charles River between Boston and Charlestown and 
supporting the same during the term of forty years ", — 
and during the aforesaid term of seventy years the said 
the I'loprietors. proprictors of Charles River Bridge shall and may con- 
tinue to collect and receive all the toll granted by the 
Proviso. aforesaid Act for their use and l)enefit, provided however 

they also continue to pay annually to said Harvard 
College the sum of two hundred pounds, and to observe 
the aforesaid regidations and conditions, and at the expi- 
ration of said term of seventy years, said Charles River 
t^o'ihfstatc!""'* Bridge shall revert to and be the property of the Com- 
monwealth, and shall be surrendered in good repair. 



Term of the 
Proprietors 
continni'ij an a 
corporation. 



BenelilB of the 
toll exlendod tc 



Acts, 1791. — Chapter 63. 365 

A)id it is further enacted, that in consideration of the Additional tou 
privileges in this Act granted to the proprietors of 
Charles River Bridge, the said proprietors shall relin- 
quish the additional toll on the Lord's day from and 
after the passing this Act. March 6, 1792 * 

1791. — Chapter 63. 

[January Session, ch. 46.1 

AN ACT REGULATING THE TAKING OF THE FISH CALLED ALE- 
WIVES IN THE SEVERAL STREAMS EMPTYING INTO MERI- 
MACK RIVER IN THE TOWN OF ANDOVER. 

Be it enacted by the Senate & House of Representa- 
tives in General Court assembled cO by the AufJiority of 
the same, that it shall and may be lawful for the Inhab- inhabitants to 
itants of said Town of Andover from time to time at cafchiiigflBh. 
their Annual meeting in the INIonth of March or April 
to determine & order by whom & in what place or places 
the said Fish may be taken in the several streams empty- 
ing into Merrimack River within the Town aforesaid, & 
shall cause a Copy of such Order attested by the Town 
Clerk of said Town to be posted up in some public place 
in said town & in the town of Methuen; & any person Penalty. 
who shall violate such order upon conviction thereof shall 
forfeit & pay a sum not exceeding twenty shillings nor 
less than ten shillings, provided the quantity so taken is Proviso. 
less than one barrel, but for every barrel so taken they 
shall forfeit & pay the sum oi forty shillings to be re- 
covered l)efore any Justice of the Peace in the County 
of Essex, before whom the complaint shall be made, one 
Moiety to the informer the other moiety to the poor of 
said Town. 

And be it further enacted by the Authority aforesaid, 
that the times & manner })rescribed for taking fish, in an The time and 
Act passed 4th March 1790, entitled " An Act to regulate "atchinyLh to 
the catching of Salmon, Shad & Ale wives & to prevent aS'^Lct.^^ 
obstructions in Merrimack river & in the other rivers & 
Streams running into the same within this Commonwealth, 
& for repealing several Acts heretofore made for that pur- 
pose" shall be observed, as the times & manner for taking 
said fish in the said Streams in the town of Andover, & 
if any person shall take any of said fish at any other time 
or in any other manner, than is prescribed in the Act last 
recited, he shall for each offence be subject to such penalty. Penalty. 

* Approved March 9, 1792. 



36G 



Acts, 1791. — Chapter 63. 



Witnesses ad- 
mitted. 



empowered. 



Penally. 



— further em- 
powered. 



as is provided in the said Act for the same offence, to be 
recovered & appropriated in the same manner as is therein 
directed. 

And he it further enacted by the Authority aforesaid^ 
that any of the Inhabitants of said Town of Andover not 
concerned in viohiting this Act may be admitted as wit- 
nesses in any Action that may be l)rought for the penalty 
aforesaid, they being Inhabitants of said town notwith- 
standing. 

And be it further enacted, that the Inhabitants of said 
town at their Annual meeting in the Month of March 
or April, shall be and hereby are impowered to chuse a 
Committee or Committees, being freeholders in said Town 
& each person so chosen shall be sworn faithfully to dis- 
charge the duties required of them by said town agreeable 
to this Act & the Committee or Committees or the major 
part of them are hereby authori^ied & impowered to open 
such sluice or passage way through or round any dams 
erected or that shall be erected across said Streams as 
they shall judge necessary for the free passage of said 
fish & to remove lumber & every other obstruction to 
the free passage of said fish to erect racks or wooden 
frames as they shall judge necessary in the Stream or 
Streams through which the said Fish pass, they being 
restricted in such opening & clearing to do the same as 
little to the damage of the owner or owners as may l)e, 
such passage so opened by the Committee aforesaid, shall 
continue open if they judge it necessary from the tenth 
day oi April to the last day of May Annually, & if any 
person or persons shall unlawfully obstruct the passage 
or passages for said fish, remove or injure any rack or 
racks that shall be erected by said Committee on said 
Streams, such person or persons so offending upon con- 
viction thereof shall forfeit & pay a sum not exceeding 
thirty jiouuds nor less than ten poimds, to be recovered 
in any Court proper to try the same, one Moiety to the 
Informer & the other moiety to the poor of said Town. 

And be it further enacted, that the said Committee or 
Committees be, and hereby are authorized & directed to 
distribute the fish that may be taken by them or any per- 
son under them as equally as circumstances will admit, to 
such Persons as apply for the same & for the fish so sup- 
plied the Committee or Committees shall demand a sum 
not exceeding one fifth of a Dollar for each hundred of 



Acts, 1791. — Chapter 64. 367 

fish so delivered excepting of certain poor Persons of said 
town of Andover, who in the opinion of the Selectmen 
of said Town are unable to pay for the same & such Per- 
sons shall l)e supplied gratis with such quantities as the 
Committee or Committees shall Judge expedient : And 
the said Committee or Committees so appointed shall on 
the first town meeting after the month of iliay annually 
exhibit an Account of all the fish by them disposed of, & 
the balance, if any remains, after paying them a reason- 
able compensation for their services, shall be paid into 
the Treasury of said town for the benefit thereof. 

And be it further enacted that it shall & may be lawful ^all°aL''°''' 
for any of said Committee or their Assistants while in the uee8pa8s.ei8. 
execution of their Ofiice to go upon the land adjoining 
to said streams without being considered as trespassers ; 
and any person or persons that shall attempt to molest or 
hinder said Committee or either of them in the Execution 
of their OflSce, shall forfeit & pay a sum not exceeding Penalty. 
four pounds nor less than three pounds to be recovered 
in any Court proper to try the same to be disposed of as 
is provided for in other breaches of this Act. 

Aiid be it fwther enacted, that if any person is found }u,f 7a\{J,°'fl^h 
attempting to take any of said fish at any time or place subjecito 
otherwise than is provided in this Act or if any of said P'^"*^^" 
fish shall be found in the possession of any person such 
person or persons shall be deemed to have taken them 
unlawfully, & shall be subject to the penalty of this Act, 
unless he or they shall make it appear upon trial that they 
came lawfully by said fish. March 9, 1792. 



1791. — Chapter 64. 

[January Session, ch. 47.] 

AN ACT IN FURTHEIl ADDITION TO AN ACT ENTITLED "AN 
ACT FOR REGULATING & GOVERNING THE MILITIA OF THE 
COMMONWEALTH OF MASSACHUSETTS, & FOR REPEALING 
ALL LAWS HERETOFORE MADE FOR THAT PURPOSE." 

Be it enacted by the Senate & House of Representatives 
in General Court assembled cO by the Authority of the 
same, that the Governor or Commander in chief with the Cavahy to be 
advice & consent of the Council, may whenever he shall ernor\^'^^°^' 
judge expedient, raise a Troop or Troops of Cavalry in ^'o"""'- 
each division of the Militia in Addition to those already 
raised, provided always, that the Certificate of the Com- Proviso. 



368 



Acts, 1791. — Chapter 64. 



Cavalry & Ar- 
tillery to be 
formed into 
battallions. 



Other corps to 
be subject to the 
Commanding 
Officer of the 
regiment. 



Recruits to be 
taken from the 
standing mili- 
tia condition- 
ally. 



Companies des- 
titute of officers. 



manding Officer of the division shall be required, & the 
same rules & restrictions observed in every respect in rais- 
ing such troop or troops, as the law requires for raising 
Companies of Cadets. 

And be it farther enacted by the Authority aforesaid, 
that the Governor or Commander in chief with the advice 
of Council, l)e and herel)y is empowered to form the sev- 
eral Troops of Cavalry & Companies of Artillery in each 
Division of the Militia of this Commonwealth into Bat- 
tallions ; such Battallions when consisting of more than 
three troops or Companies to be commanded by a Lieu- 
tenant Colonel, & if not consisting of more than three 
troops or Companies to be commanded by a Major. 

And be it further enacted by the Authority aforesaid, 
that all Companies of Cadets, Light Infantry or other 
Corps except Troops of Cavalry which may be hereafter 
raised by virtue of the Authority given, by the Law, to 
the Governor, shall be under the command of the Colonel 
or Commanding Officer of the Regiment in which such 
Companies or other Corps may be raised, in the same 
manner as the standing Companies of Militia belonging 
to any Regiment are under the command of the Colonel 
or Commanding Officer thereof. 

And be it further enacted by the Authority aforesaid, 
that no Captain of any Company of Artillery, Troop of 
Cavalry, Company of Cadets or other Corps nor any other 
person, shall hereafter inlist any man or men, belonging 
to any of the standing companies of Militia, for the pur- 
pose of forming or recruiting such Company, Troop or 
other Corps, when by means thereof, such standing Com- 
pany would be reduced to a less number than sixty pri- 
vates of the Train Band ; but where it can be done 
without an infraction upon this rule, all such Companies, 
troops & other Corps as are already established, may l^e 
recruited, any thing in the Act to which this is an Addi- 
t[^jon, or in any subsequent Act in Addition thereto, to 
the contrary notwithstanding. 

And be it further enacted by the authority aforesaid, 
that at all Regimental or Battallion Musters, Companies 
destitute of commissioned Officers, shall ha under the 
immediate command of such commissioned Officers as the 
Coh)nel or Commanding Officer of the Regiment to which 
such Company may belong, shall order ; any thing in Law 
to the contrary notwithstanding. 



Acts, 1791. — Chaptee 65, 369 

And be it further enacted by the Authority aforesaid, 
that the Adjutants of the several Resjiments of Militia Adjutants to be 
within this Commonwealth, may prefeAheir Accounts for Services.'""'"'" 
Services hereafter performed in the Execution of their 
duty, in copying and distributing general & divisionary 
Orders & that only, with proper Vouchers & Certificates, 
to the General Court for allowance and payment. 

And be it fiirther enacted by the Authority aforesaid, 
that no Alien or Shaker so called shall be held to do Mill- froT°'i,HaT^* 
tary duty in the Militia of this Commonwealth. dmy.'"'''""^ 

March .9, 1792. 



1791. -Chapter 65. 

[January Session, ch. 48.] 
AN ACT IN ADDITION TO AN ACT, INTITLED, "AN ACT TO ES- 
TABLISH A BANK IN THIS STATE & TO INCORPORATE THE 
SUBSCRIBERS THERETO." 

Whereas it is necessary to provide for a more secure ad- Preamble. 
ministration of the affairs of the Massachusetts Bank, in 
order that the purposes, for ivhich the same loas established, 
may be ansioered. 

^ 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 Corporation shall not issue any smallest notes 
note of a less denomination than five dollars, & from and ''^ ^'^ '"""^''' 
after the first day of January next, the total amount of 
all the promissory notes of said Corporation, together Notes & money 
with the money loaned by them by a credit on their Books restricted. 
or otherwise, shall not at any one time exceed double the 
amount of their capital stock in gold & silver, actually 
deposited in the Bank and held to answer the demands 
against the same ; and in case of excess, the Directors of Directors iiabie. 
said Bank, under whose administration it shall happen, 
shall be liable for the same in their natural and private 
capacities, and an action of debt or on the case, may in 
such case be brought against them or any of them, their, 
or any of their heirs, executors, or administrators in any 
Court proper to try the same, by any Creditor or Cred- 
itors of the said Corporation, and may be prosecuted to 
final judgment and execution, any condition, covenant or 
agreement to the contrary notwithstanding ; l)ut this shall 
not be construed to exempt the said Corporation, or the 
lands, tenements, goods, or chatties of the same from 



370 Acts, 1791. — Chapter 65. 

being also liable for, and chargeable with the said excess : 
Proviso. provided, that such of the said Directors as may be ab- 

sent when the said excess was contracted or created, or 
who may have dissented from the resolution or act, whereby 
the same was so contracted or created may respectively 
exonerate themselves from being so liable by forthwith 
giving notice of the fact, & of their absence or dissent to 
the Supreme Executive of this Commonwealth, for the 
time being. 

And be it further Unacted hy the authority aforesaid^ 
Djity^of^the that it shall be the duty of the Directors of said Bank, to 
furnish the Governor and Council of this Commonwealth 
for the time being, once in six months, at least, and as 
much oftener, as they may require, with statements of 
the amount of the capital stock of said Corporation, and 
of the debts due to the same, of the monies deposited 
therein, of the notes in circulation, and of the cash in 
hand ; which statement shall be signed by the Directors, 
& attested by their Cashier. 

And be it further Enacted by the Authority aforesaid, 
cor_poraiion that if the Said Corporation, or any person or persons for, 

prohibited from , ,, ,. , i i n i / a i • i 

dealing or or to thc usc of thc Same, shall deal or trade m buymg or 

trading. selling any goods, wares, merchandize or commodities, 

or shall after six months from the passing this act, buy 
or sell the stock or shares of any Bank, that is already or 
may hereafter be established in this State or any of the 
United States, all and every person or persons, by whom 
any order or direction for so dealing or trading, shall have 
been given, & all and every person & persons, who shall 

Forfeiture. \vA^fQ bccu conccmed as parties or agents therein, shall 
forfeit and pay double the value of the goods, wares, 
merchandize, commodities, or Bank stock in which such 
dealing & trade shall have been, — one half to the use 
of the Informer, and thc other half thereof to the use 
of the Commonwealth, to be recovered with costs of 
suit. 

Number of ^mZ l)e it Enacted by the authority aforesaid, that no 

stockholder or proprietor in the Massachusetts Bank shall 
l^e intitlcd to more than ten votes, at any meeting of said 
Corporation. March 9, 1792. 



Acts, 1791.— Chapter 66, 371 



1791. — Chapter 66. 

[January Session, ch. 49.] 

AN ACT TO CONTINUE AN ACT, ENTITLED, " AN ACT FOE, REN- 
DERING PROCESSES IN LAW LESS EXPENSIVE." 

Whe7^eas the said act will expire on the first day q/" June 
next, tO it is expedient the same shoidd be continued. 

Be it therefore Enacted hy the Senate & House of Rep- 
resentatives in General Court Assembled, & by the author- 
ity of the same, that the said Act be & the same is hereby Act extended. 
continued & shall continue in force until the end of the 
first Session of the next General Court & no longer, 

March 9, 1792. 



RESOLVES 



MASSACHUSETTS 



1791. 



EESOLVES 

OF THE 

GENERAL COURT 

OF THE 

Commonwealth of Massachusetts, 



BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK, 

ON WEDNESDAY THE TWENTY-FIFTH DAY OF 

MAT, ANNO DOMINI, 1791. 



BOSTON : 
PRINTED BY THOMAS ADAMS, 

Printer to the Honourable General Court. 

M,DCC,XCI. 

Reprinted by Wright & Potter Printing Company, State Printers. 



RESOLYES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS: 

TOGETPIER WITH THE SPEECHES, &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-FIFTH DAY OF 
MAY, ANNO DO 31 INI, 1791. 

His Excellency JOHN HANCOCK, Esq. 

Governour. 

His Honour SAMUEL ADAMS, Esq. 
Lieutenant-Governour. 

COUNCELLORS, 
Honourable Samuel Ilolten, Honourable Thomas Russell, 

Moses Gill, John Hastings, 

Azor Orne, Thomas Durfee, 

Edward Cutts, Eleazer Brooks, Es- 

William Phillips, Esquires, quires. 

The folloxoing are the names of the Gejitlemen who comjMse the two 
Branches of the GENERAL COURT, viz. — 

SENATORS, 
Hon. SAMUEL PHILLIPS, Esq. President. 
For the County of Suffolk. County of Middlesex. 

Hon. William Heath, Hon. Ebenezer Bridge, 

Cotton Tufts, Joseph Hosmer, 

Stephen IMetcalf, J. B. Varnum, 

Thomas Dawes. John Brooks, Esquires 

Benjamin Austin, jun , Es- 
^"i>^"6s. County of Hampshire. 

Hon. Samuel Lyman, 
Cou7ity of Essex. Samuel Fowler, 

Hon Samuel Phillips, David Sexton, Esquires. 

Stephen Choate, 

Jonathan Greenleaf, County of Plymouth. 

Theophilus Bradbury, Es- Hon. Daniel Howard, 
quires. Joshua Thomas, 

Isaac Thompson, Esquires. 



378 



Resolves, 1791. — May Session. 



SENATORS - 
County of Bristol. 
Hon. Walter Spooner, 

Elisha May, Esquires. 

County of Barnstable. 
lion. Solomon Freeman, Esq. 



- Concluded. 

Cotmty of York. 
lion. Nathaniel Wells, Esquire 

County of Cumberland. 
Hon. David INIitchell, Esquire. 



Dukes County and Nan- 
tucket. 
Hon. Peleg Coffin, jun. Esq. 

County of Worcester. 
Hon. Abel Wilder, 
Samuel Baker, 
Jonathan Warner, 
Timothy Newell, Esquires. 



Counties of Lincoln, Hancock 
& Washington, 

Hon. Alexander Campbell, Es- 
quire. 

County of Berkshire. 
Hon. Thomi^son J. Skinner, 
Elijah Dwight, Esquires. 



MEMBERS OF THE BOUSE OF REPRESENTATIVES. 

Honourable DAVID COBB, Esq. Sj^eaker. 

County of Sufp^olk. 



f Williara Tudor, Esq. 
tg; Samuel Breck, Esq. 
O I Charles Jarvis, Esq. 
^ <{ Jonathan Mason, Esq. 
O John C. Jones, Esq. 
Ki I Jonathan Mason, jun. Esq. 

(^ William Eustis, Esq. 
Roxbury, Thomas Clarke, Esq. 
Dorchester, Benjamin Hichborn, 

Esq. 
Milton, Seth Sumner, Esq. 
Braintree, Samuel Bass, Esq. 
Hingham, Col. Charles Cushing, 



Dedham, Nathaniel Ames, Esq. 
Brookline, William Asijinwall, 

Esq. 
Medfield and Dover, Mr. Oliver 

Ellis, 
Stoughton, Col. Frederick Pope, 
Sharon, Mr. Joseph Hewins, 
Medtoay, Mr. Moses Richardson, 

jun. 
Waljwle, Seth BuUard, Esq. 
Wrentham, Mr John Whiting, 
Franklin, Mr. Hezekiah Fisher. 
Bellingham, Mr. Aaron Ilolbrook, 



County 

Salem, Mr. Ebenezer Beckford, 
Capt. John Saunders, jun. 

Newburyport, Hon. Jonathan 
Greenleaf, Esq. 
Theophilus Parsons, Esq. 
Mr. Jonathan Marsh, 

Ipswich, John Manning, Es(]. 

Newbury, Mr. Nathaniel Emery, 

Andover, Ca^jt. Peter Osgood, 
jun. 

Beverly, Larkin Thorndike, Esq. 

Danvers, Israel Hutchinson, Esq. 

Marblehead, Samuel Sewall, Esq. 



of Essex. 

Gloucester, Capt. William Pear- 
son, 
Haverhill, Samuel Blodget, Esq. 

Capt. Francis Carr, 
Lynn & Lynnfield, Mr. Ezra Col- 
lins, 
Roivley, Caj)t. Thomas Mighill, 
Salisbury, Major Joseph Page, 
Amesbury, Christopher Sargent, 

Esq. 
Boxford, Mr. Thomas Perl ey, jun. 
Methuen, Capt. John Davis, 
Wcnham, Major Billy Porter, 



Eesolves, 1791. — May Session. 



379 



REPBESENTATIVES — Continued. 
Cotmiy of Middlesex. 



Charlestown, Capt. Thomas Har- 
ris, 

Cambridge, P^benezer Bradish, 
Esq. 

Watertotvn, Amos Bond, Es(]. 

Waltham, Mr. Abner Sanderson, 

Wesiford, Zaclieus Wright, Esq. 

Wilmington, Col.William Blanch- 
ard, 

Weston, Mr. Amos Biglow, 

East Sudbury, Joseph Curtis, Esq. 

Sudbury, William Rice, Esq. 

Marlborough, Col. Edward Barns, 

Framingham, Cajit. Jonathan 
Maynard, 

Maiden, Caj^t. Isaac Smith, 

Medford, Capt. Ebenezer Hall, 

County of 

Siiringfield, Hon. Samuel Lyman, 

Esq. 
West Springfield, Justin Ely, Esq 
Long Meadow, Mr. Jabez Cotton, 
Eadley, Mr Charles Phelps, 
Belchertotvn, ]\Ir. Justus Uwight, 
Oreemvich, Mr. James Fisk, 
Warwick and ) John Goldsbury, 
Orange, \ Esq. 

Northampton and ) Samuel Hen- 
East Ham23to7i, \ shaw, Esq. 
Westfeld, John Phelps, Esq. 
Oranville, Mr. James Hamilton, 

Mr. Thomas Burbank. 
Amherst, Simeon Strong, Esq. 
Oranby, Mr. Benjamin Eastman, 
^a</?e/di Hon. John Hastings, Esq. 
Stanford, Capt. John Ferguson, 
Deerfield, Mr, Samuel Field, 



Woburn, Capt. Timothy Winn, 
Lexington, Mr. Josei)h Simonds, 
Concord, Duncan Ingraham, Esq. 
Evading, Mr. Benjamin Upton, 
Billerica, Edward Farmer, Esq. 
Chelmsford, Major John Minot, 
Sherburne, Daniel Whitney, Esq. 
Bo2:>kinton, Mr. Ebenezer Claflin, 

jun. 
Hollision, Mr. Moses Hill, 
Stoio & Boxboro\ Mr. Charles 

Whitman, 
Qroton, Maj. Aaron Brown, 
Acton & Carlisle, ]\Ir. Jonas 

Brooks, 
Pepperell, Joseph Heald, Esq. 
Dracut, Parker Varnum, Esq. 

Hampshire. 

Comvay, William Billings, Esq. 
Neiv >SaZem, Mr. Ezekiel Kellogg, 

jun. 
Ashfi'eid, Mr. Ephraim Williams, 
Chesterfield, Benjamin Bonney, 

Esq. 
Monson, Col. Reuben Munn, 
Palmer, Capt. David Shaw, 
Northficld, Capt. Elisha Hunt, 
Colrdin, Hugh McClallen, Esq. 
Southivick, Isaac Coit, Esq. 
Greenfield, David Smead, Esq. 
Buckiand, Samuel Taylor, Esq. 
Cummington and ) Capt. William 
Plaiifield, \ Ward. 

Williamsburg, William Bodman, 

Esq. 
Worthington, Nahum Eager, Esq. 



County of Plymouth. 



Plymouth, Thomas Davis, Esq., 
Kingston, Ebenezer AVashburn, 

Esq. 
Marshfield, Capt Joseph Bryant, 
Scituate, Israel Vinal, Esq. 
Pembroke, Capt. John Turner, jun. 
Bridgwater, Dr. Simeon Dunbar, 



iIf«ZcZZe6oro2<g'A,JamesSprout,Esq. 
Hanover, Mr. Melzer Curtis, 
Plympt07i, Col. Seth Cushing, 
Carver, Francis Shurtliff, Esq. 
Rochester, Col. Ebenezer White, 
Abington, Jacob Smith, Esq. 
Wareham, David Nye, Esq. 



County of Bristol. 

Bristol, Capt. John Pratt, Stvanzey, Christopher INIason, 
Taunton, Hon. David Cobb, Esq. Esq. 

Rehoboth, Maj. Frederick Drown, Somerset, Jerathmeel Bowers, 
Attleborozigh, Hon. Elisha May, Esq. 

Esq. Freetoion, Mr. Ephraim Winslow, 



380 Eesolves, 1791. — May Session. 

REPRESENTATIVES — Continued. 
County of Bristol — Concluded. 

Z>i5fA^ora, Mr. Thomas Serjant, New Bedford, Hon. Walter 
Easton, Col. Abiel Mitchell, Spooner, Esq. 

Rainham, Josiah Dean, Esq. Westport, Capt. Sylvester 
Berkley, Samuel Tobey, Esq Brownell. 

Dartmouth, Hon. Holder Slocum, Mansfield, Capt. John Pi-att, 
Esq. 

County of Barnstable. 

Barnstable, Capt. Samuel Smith, Yarmouth,\)a,\\6. Thatcher, Esq, 

Harwich, Hon. Solomon Freeman, Eastham, Elijah Knowles, Esq. 

Esq. Wellfieet, Capt. Michael Collins, 
Truro, Mr. Anthony Snow, jun. 

County of Nantucket. 

Sherburn, Mr. Micajah Coffin, 

Mr. Alexander Gardner. 

County of Worcester. 

Worcester, Capt. Samuel Flagg, Neio Braintree, Benjamin Joslyn, 

Leicester, Col. Thomas Denny, Esq. 

Lancaster, Capt. Ephi'aim Carter, Oakham, Capt. Joseph Chaddock, 

jun. Ashburnham, Mr. Jacob Willard, 

Leominster, Hon Israel Nichols, Petersham, Daniel Bigelow, Esq. 

Esq. Barre, Capt. John Black, 

Westminster, Mr Josiah Puffer, Hardwick, Martin Kinsley, Esq. 

Brookfield, Dwight Foster, Esq. Stei'ling, Col. Edward Raymond, 

Sutton, Capt. Jonathan Wood- Rutland, John Fessenden, Esq. 

bury, Spencer, Mr. James Hathway, 

Orafton, Luke Drury, Esq. Harvard, Maj. Benjamin Kim- 
Charlton, Salem Town, Esq. . ball, 

Princeton, Hon. Moses Gill, Esq. Lunenburg, Capt. Josiah Stearns, 

Boylston, Ezra Beaman, Esq. Fitchburg, Mr. Daniel Putnam, 

Templeto7i, Capt. Joel Fletcher, Shrewsbury, Capt. Isaac Harring- 
Bolton & Berlin, Samuel Baker, ton, 

Esq. Dudley, Capt. John Chamberlain, 

Mendon, Benjamin Read, Esq. Athol, Mr. Josiah Goddard, 

Uxbridge, Nathan Tyler, Esq. Oxford, Capt. Jeremiah Learned, 

i.%ir6rMZ(7e, Mr. Josiah Walker, Hubbardst07i, Maj. William 
Westborough, Mr. Elijah Brigham, Marean, 

Milford, Capt. Samuel Jones, ires/6o?-o?<5'/i, Mr. Elijah Brigham. 

Coimty of York. 

York, Capt. Joseph Tucker, Pepperrellboro\ Mr, Samuel 

Kittery, IMr. IMark Adams, Scamman, 

Arundell, Thomas Pei-kins, Esq. Lebanon, Mr. Thomas i\L Went- 

Berwick, Mr. Richai-d F. Cutts, worth, 

Fryebnrg, Simon Frye, Esq. Waterborough, Mr. Samuel Scrib- 

Wells, Brig. Gen. Noah Moulton ner. 

Littlefield, Biddeford, Joseph Morrill, Esq. 
Buxton, Mr. John Woodman, 



Resolves, 1791. — May Session. 



381 



REPRESENTATIVES — Concluded. 
County of Cumberland. 



Falmouth, Joseph Noyes, Esq. 

Portland, John Fox, Esq. 

Frceport, Rev. Mr. Alfred John- 
son, 

Oorhani, Josiah Thatcher, Esq. 

Gape Elizabeth, Samuel Calef, 
Esq. 



Brunswick, Capt. John Peterson, 
Earpswell, Benjamin Duning, 

Esq. 
New Oloucester, William Wedg- 

ery, Esq. 



County of Dukes County. 
Tisbury, Mr. Benjamin Allen. 



County of Lincoln. 



Georgetown, Jordan Parker, Esq. 

Pownalborough, John Gardiner, 
Esq. 

Woolwich, Capt. John Bayley, 

Hallowell, Hon. Daniel Cony, Esq. 

Vassalboro\ Mr. Charles Web- 
ber, 

Waldoborough, Jacob Ludwio- 
Esq. 



Boothbay, Capt. John Borland, 
Winthrop and Readjield, Mr. 

Jedidiah Prescott, jun. 
Topsham, Samuel Thompson, 

Esq. 
Winsloiv, George Warren, Esq. 
Thomastown, Mr. Samuel Brown. 



Comity of Hancock. 
Penobscot, Isaac Parker, Esq. 

Cotmty of Washington. 
Machias, Mr. Phineas Bruce. 



County of Berkshire. 



.^..^.^.^, Mr. John Hubbard, 
Lanesborough & ) Gideon Wheel- 
New Ashford, ^ er, Esq. 
Wm'. Starkweather, Esq. 
Pittsfield, Simon Larned, Esq. 
Adams, Mr. Reuben Hinman, 
Sandisfield, ]\Ir. John Picket, jun. 
Tyringham, Capt. Ezekiel Hea- 

rick, 
Windsor, Mr. Thomas Robinson, 

jun. 
Egremont, Ephraim Fitch, Esq. 
Great Barrington, Elijah Dwight, 
Esq. 



Partridgefield, Ebenezer Peiree 

Esq. 

New Marlboro', Col. Daniel Tay- 
lor, 

Williamstoivn, William Towner, 
Esq. 

Lenox, William Walker, Esq. 

Stockbridge, Hon. John Bacon, 
Esq. 

Hancock, Mr. Samuel Dyer, 

Richmond, Nathaniel ' Bishop, 
Esq. 

West Stockbridge, Elijah Wil- 
liams, Esq. 



882 Kesolves, 1791. — Mat Session. 



Chapter 1. 

KESOLVE ON THE PETITION OF THE NORTH CONGREGATIONAL 
SOCIETY IN NEWBURY-PORT. 

On the Petition of the North Congregational Society in 
Newhury- Port praying for the Confirmation of certain 
assessments, for the Reasons mentioned in said Petition. 

Resolved That the prayer of said Petition l)e granted 
and that the apportionments and assessments of the Sums 
voted by said Society and made by their Assessors upon 
the Pews Polls & Estates of the Members of said Society 
previous to the present Year shall be considered in all 
Courts of Law valid and binding as fully to all Intents 
& Purposes as though the said Assessors had taken the 
Oath by Law required of Assessors previous to their 
making said assessments and apportionments as afore- 
said — their having neglected so to do notwithstanding. 

May 28, 1791. 



Chapter 1a.* 

ORDER ON THE PETITION OF JOSHUA THOMAS. 

On the petition of Joshua Thomas attorney to Samuel 
Barker and Jeremiah Barker praying for liberty to appeal 
from a decree of the Judge of Probate for the County of 
Plimouth upon the settlement of the accounts of William 
Barker executor of the last will and testament of Samuel 
Barker late of Scituate in the said County Gentleman de- 
ceased to the Supreme Court of Probate, for reasons set 
forth in the said petition : 

Ordered that the petitioner notify the said William 
Barker by serving him Avith an attested copy of the said 
petition & this order thereon four days at least pre- 
viously to third wednesdaj'" of the present session of the 
General Court that he may shew cause (if any he has) on 
the said day why the prayer of the said petition should 
not be granted. May 30, 1791. 

* Not printed in previous editions. Taken from court record. 



Eesolves, 1791. — May Session. 383 



Chapter 2. 

RESOLVE EMPOWERING THE COMMITTEE APPOINTED BY THE 
GOVERNOR AND COUNCIL, TO ENQUIRE INTO THE PRACTI- 
CABILITY, &c. OF CUTTING A NAVIGABLE CANAL BETWEEN 
BARNSTABLE AND BUZZARD'S BAY, TO ENQUIRE INTO THE 
PRACTICABILITY OF MAKING A NAVIGABLE CANAL AT ANY 
OTHER PLACE IN THE COUNTY OF BARNSTABLE. 

Resolved that the Committee appointed by the Gov- 
ernour & Council pursuant to a Resokition passed the 11th 
day of llarch last to enquire into the Practicability, Util- 
ity and probable expence of Cutting a Navigable Canal 
between Barnstable & Buzzards Bay, be and they are 
hereby impowered to enquire into the Practicability 
Utility & probable expence of making a Navigable Canal 
at any other place in the County of Barnstable, than 
across the Isthmus aforesaid — And to survey any place 
in the County aforesaid, which the Committee may think 
will probably be most suitable for making such Canal — 
they observing the same directions in the execution of 
this commission, which were given in the Resolve afore- 
said- May 31, 1791. 



Chapter 3. 

RESOLVE ON THE PETITION OF DEBORAH FULLER AND OTHERS, 
DIRECTING THE COMMITTEE FOR METHODIZING ACCOUNTS 
TO CERTIFY THE BALANCE DUE TO JOSHUA EATON. 

On Petition of Deborah Fuller & others. Heirs to the 
Estate of Joshua Eaton a Minor Deceas'd, prayino- that 
they may be paid what may be found due to the said 
Joshua Eaton as a Soldier in the Continental service. 

Resolved That the Committee for Methodizing public 
accounts, be directed to certify to His Excellency the 
Governor, such sum or sums as shall on a ballance of 
his account be found due, to the said Joshua Eaton as a 
Soldier in the late Continental Army, and that his Excel- 
lency the Governor be requested to make out a Warrant 
on the Treasurer for such ballance to the person or per- 
sons properly authorized to receive the same, to be paid 
in the same manner that other Soldiers were paid for like 
Services. May 30, 1791. 



384 Resolves, 1791. — May Session. 



Chapter 4. 

RESOLVE ON THE PETITION OF DANIEL ROBINS, JR., OF WIN- 
THROP, AUTHORIZING THE TREASURER TO ISSUE A NEW 
NOTE. 

On the Petition of Daniel Robins Jr. of Winthrop in 
the County of Lincoln praying to receive a new Note 
from the Treasurer of this State in lieu of one consumed 
by fire as set forth in sd. petition. 

Resolved that the Prayer thereof be so far granted 
that the Treasurer of this Commonwealth be & hereby is 
authorized & directed to issue a new Note payable to sd. 
Daniel Robins Jr. for tioenty six pounds seven shillings 
& three pence bearing date July 1st, 1784 with the several 
Indorsments of Interest paid on the note destroyed as 
aforesaid — provided the sd. Robins shall give Bond with 
sufficient sureties to the satisfaction of the Treasurer, to 
indemnify this Commonwealth against any Demands which 
may be made for sd. Note supposed to be destroyed by 
fire. June 1,1791. 

Chapter 5. 

RESOLVE ON THE PETITION OF JACOB LUDWIG, IN BEHALF OF 
THE TOWN OF WALDOBOROUGH. 

On the Petition of Jacob Ludioig in behalf of the town 
of Waldoborough Praying that the assessors of said Town 
might be impowered to Commit & Dlliver the Assess- 
ment made on said town on the 21 of July 1790 being 
No. 8 State tax & a County tax to their Collector for the 
year 1791 — For Resons set forth in said Petition. 

Resolved that the Prayer thereof be Granted & the 
Present assessors of said town are hereljy impowered to 
Commit the above said Assessments to the Collector of 
said town for the year 1791, who is hereby impowered & 
Required to Collect & Pay in the same to the respective 
Treasurers by the first Day of 8eptr. Next. 

June 1,1791. 

Chapter 6. 

RESOLVE ON THE PETITION OF JUSTIN ELY, ESQ. 

Upon the Petition of Justin Ely, praying that the Com- 
mittee on Accounts may be authorised to make him an 
allowance upon his account set forth in his Petition. 



Resolves, 1791. — May Session. 385 

Resolved that the Prayer of the Petition be granted & 
the Committee on Accounts are hereby authorised & em- 
powered to adjust & settle the account of the said Jtistin 
Ely & to make him such allowance for the services per- 
formed as stated in his Petition, as they shall think Reason- 
able & just. June 1,1791. 

Chapter T. 

RESOLVE GRANTING A TOWNSHIP OF LAND IN THE COUNTY OF 
LINCOLN, TO BE VESTED IN THE TRUSTEES OF EALLOWELL 
ACADEMY; WITH A PROVISO. 

Resolved that there be & hereby is granted a township 
of land, of six miles square to be laid out, & assigned 
from any of the unappropriated lands belonging to this 
Commonwealth in the County of Lincoln said township 
to be vested in the Trustees of Hallowell Academy, and 
their successors forever for the purpose of supporting 
the said Academy to be by them holden in their Corpo- 
rate capacity, with full power & authority to settle, divide, 
& manage said township, or to sell convey & dispose of 
the same in such way & manner as shall best promote the 
welfare of said Academy. Provided that said township 
shall be laid out under the direction of the Committee for 
the sale of eastern lands, & a plan thereof returned into 
the Secretary's Office ; & that such Corporation shall pro- 
ceed in that design & that the said Trustees, their suc- 
cessors or assigns, shall & do within five years provide & 
settle upon & within such township at least twenty fami- 
lies and shall also reserve from all future dispositions to 
be made of said tract of land, three lots of Three hundred 
& twenty acres each for the following uses viz. One Lot 
for the first settled minister — One lot for the use of the 
ministry, & one lot for the use & support of Schools within 
the same Town. j^ne 1,1791. 

Chapter 8. 

RESOLVE ON THE PETITION OF FREELOVE SCOTT, AUTHORIZ- 
ING THE JUDGE OF PROBATE FOR PLYMOUTH COUNTY TO 
GRANT LETTERS OF ADMINISTRATION FOR THE PURPOSES 
MENTIONED. 

On the Petition of Freelove Scott praying that the 
Judge of Pro])ate for the County of Plymouth may be 
authorised to Grant Letters of Administration on the 



886 Kesolves, 1791. — May Session. 

estate of Ed^mrd Scott merchant deceased, for Reasons 
set forth in said Pe[^i]tion. 

Resolved that the Judge of Prolmte for the County of 
Plymouth, be and he hereby is impowered within One 
Year from the passing this Eesolve to grant letters of Ad- 
mioistration on the estate of the said iJdimrd Scott in the 
same way & manner as he might have done had not twenty 
years expired since the death of the said Edward Scott. 
And may make distribution of the same estate agreeable 
to Law. June 1,1791. 



Chapter 9. 

RESOLVE ON THE PETITION OF JOEL ROGERS AND OTHERS, 
NATIVE INDIANS, OF CHILMARK, IMPO WEEING THE JUDGE 
OF PROBATE FOR THE COUNTY OF DUKES COUNTY, TO AP- 
POINT MATHEIV MAT HEW, ESQ. GUARDIAN TO ABEL ABEL. 

On the petition of Joel Rogers & others native Indians 
of Chilmark in the County of dukes County praying That 
Abel Abel an Indian native of said Chilmark May be put 
under guardianship for reasons set forth in their petition. 

Resolved that the prayer thereof be granted and that 
the Judge of Probate for the county aforesaid be and 
hereby is Impowered and directed To appoint Matthew 
3Iayhew Esqr. mentioned in their Petition or some other 
sutable person, guardian to the said Abel Abel, in the 
same way and Manner that guardians are appointed in 
other cases — The said guardian to render an account of 
his Proceedings in said trust to the Judge of probate tor 
said county agreeable to law in such case Made & pro- 
vided. June 1,1791. 



Chapter 9a.* 

ADDRESS OF BOTH HOUSES OF THE LEGISLATURE IN ANSWER 
TO THE GOVERNOR'S SPEECH OF MAY 26, 179L 

May it please Your Excellency — 
We are happy in congratulating your Excellency, that 
the Suffrages of the People of this Commonwealth have 
again placed you in the Chair of Gover[w]ment. Your firm 
attachment to their Welfare, & your unremitted ardor to 
promote their prosperity, which for many Years they have 

• Not printed in previous editions. 



Eesolves, 1791. — May Session. 387 

experienced, give ample Evidence, that their freedom, 
happiness, & Interest are Objects which claim your se- 
rious attention. 

The tranquility which prevails throughout the State, 
together with that Industry, Peace & good Order, so con- 
spicuous at this period, afford a very pleasing prospect ; & 
while the people are thus happily disposed, "we doul)t not 
they will continue to enjoy the Blessings of Peace, Lib- 
erty & Safety. 

3d. The happiness of the People being the End of 
Gover[n]ment, we readily agree with your Excellency, 
that it is the duty of the Legislature to enact wise Laws, 
& to make ample provision for the regular speedy & equal 
distribution of Justice. 

4th. The tryal by Jury, is one of those inestimable 
previeleges we enjoy as Freemen ; it is encumbent on us 
therefore to use every precaution to retain it in its fullest 
latitude. — Such further Regulations as are necessary to 
this great purpose Ave shall readily adopt, by a revision of 
the Laws made upon this subject. — 

5th. Every Friend to America must reprobate the Idea 
of introducing a Standing Army in our free Republic : the 
establishment of a well disciplined Militia must be an 
Object the most salutary & desirable. — On the perma- 
nency of this measure, the happiness & security of the 
People, & the force & Energy of the Gover[n]ment 
greatly depend. 

6th. The subjects recommended by your Excellency, 
we consider as interesting, & none more loudly calls for 
our attention, than the Education of the rising Genera- 
tion. — Institutions for this purpose early claimed the 
patronage of our Forefathers, & the Patriots of our 
Country have ever been assiduous to promote & cherish 
them. — The people of these States, while they wish to 
secure to themselves & posterity freedom & Indepen- 
dance, must be equally solicitous to disseminate Knowl- 
edge & Virtue among the Peo})le. — without due attention 
to this interesting subject the light of our Country, as 
your Excellency Observes, will begin to fade, & its glory 
be seen in its decline. — 

7th. The University at Cambridge is too interesting to 
this Commonwealth not to demand our particular consid- 
eration & we shall be ever hap[)y in being instrumental 
to encrease its prosperity & extend its beneficial influ- 



388 Resolves, 1791. — May Session. 

ences by granting such aid as may be necessary for its 
honorable support. 

8th. We are sensible that the present circumstances 
of the State render it highly expedient to adopt such 
measures, without delay as are best calculated to place 
our Finances upon the most respectable Basis and such as 
may not only prevent any further increase of our publick 
debt but also serve gradually to diminish it untill it shall 
be totally extinguished without having Recourse to any 
Schemes for raising money which will injure the morals 
of the people or divert their attention from laudable and 
industrious Pursuits. ,. „ t^ 

The Leo-islature will attend to your Excellencys Rec- 
ommendations respecting the Counties of Dukes County 
Nantucket Hancock & Washington and will make such 
judicial Provision as upon a full investigation of the sub- 
iect shall be found necessary. . -, ^ 

We assure your Excellency that We are determined to 
attend to & dispatch the publick Business as soon as cir- 
cumstances will permit and to do everything in our power 
to prevent any future E[^»]barassments at the same time 
We doubt not of your disposition to do every thing on 
your part to render the present Session usefull to our 
Constituents. June 1,1791. 



Chapter 10. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF CUMINGTON. 

On the Petition of the Selectmen of the Town of Cum- 
inqton, praying for a Division of a County Tax, which the 
Clerk of the peace for the County of Hampshire sent to 
the said Town of Ten Pounds Sixteen shillings & ten 
pence, bearing date the fifteenth day of March 1786, which 
appears to be the Proportion of said Cwnington & the 
District of Plainfield. . , ^r. c n, - 

Resolved, that the proportion of the Town of Cuming- 
ton in the aforesaid Tax, is Seven pounds Eight shillings 
& Nine pence, and the proportion of the District of Plain- 
field is three pounds Eight shillings and one penny, and 
the Clerk of the peace and the Treasurer of the County 
of Hampshire are hereby directed to govern themselves 
accordingly. June 2, 1791. 



Kesolves, 1791. — May Session. 389 



Chapter 11. 

RESOLVE ADJOURNING THE SUPREME JUDICIAL COURT NEXT 
TO BE HOLDEN IN THE COUNTY OF CUMBERLAND. 

Whereas a different arrangement of the Supreme Judi- 
cial Court from that which is now established by Law as 
to the time of its sitting in the three Eastern Counties will 
be necessary the present year in order to finish the busi- 
ness pending therein : 

It is therefore I'esolved that the Supreme Judicial Court 
which by Law is to be held at Portland within & for the 
County of Cumberland on the Tuesday next following the 
fourth tuesday of June instant be & hereby is adjourned 
to Monday the Twenty fifth day of July next then to be 
held at Portland aforesaid and that all matters civil & 
criminal that now are or before that time shall be pending 
therein shall be heard determined and adjudged in the same 
Court on the said Twenty fifth day of July next in the 
same way & manner that such matters might & ought to 
have been heard determined and adjudged on the Tuesday 
next following the fourth Tuesday of June instant if this 
Resolution had never passed, of which Jurors Parties Wit- 
nesses and all others interested or concerned are to take 
Notice and govern themselves accordingly and the Secre- 
tary is directed forthwith to cause this Resolution to be 
published in Adams Independent Chronicle the Cumber- 
land Gazette and the Gazette of Maine and also to trans- 
mit an attested Copy thereof to the Sherift' of the County 
oi Cumberland. June 2^ 1791. 

Chapter 12. 

RESOLVE ON THE PETITION OF ELIJAH HU.XT, ESQ. DIRECTING 
THE TREASURER TO CREDIT HIM WITH £.70 3 9. 

On the Petition of Elijah Hunt Esqr. 

Resolved that the Treasurer of this Commonwealth be 
and he hereby is directed to credit Elijah Hunt Esq. on 
the Settlement of his Excise Account the Sum of Seventy 
jjounds three Shillings and nine j)ence being the amount 
of two forged Counterfit Excise Orders, received by the 
said Hunt, he having prosecuted to Conviction one of the 
Persons concerned in passing the said counterfit Orders 
who has forfited to the Use of this Commonwealth the 
Recognizances taken by the supreme Judicial Court for 
his appearing and abiding the Judgment of Court thereon. 

June 2, 1791. 



390 Kesolves, 1791. — May Session. 



Chapter 13. 

RESOLVE ON THE MEMORIAL OF NATHAN DANE, ESQ.; GRANT 
TO, FOR THE AMOUNT OF HIS ACCOUNT AND TO DISCHARGE 
THE EXPENCES MENTIONED. 

On the Memorial of the Hon. Nathan Dane Esq., and 
consideration of his Account of sundry Services and Ex- 
pences for this Commonwealth. 

Resolved, that there l)e paid from the Public Treasury 
to the said Honble. Nathan Dane Esq., the Amount "of 
his said Account being One hundred and forty pounds 
fourteen shillings and ninepence in full discharge of the 
same. 

And to enable Mr. Dane to discharge the Expences 
which he may hereafter duly incur as Agent for this Com- 
monwealth to procure an adjustment of their Accounts 
against the United States — 

Resolved, that there be paid and advanced to the said 
Agent the sum of Sixty pounds — from the Public Treas- 
ury, to be accounted for by him accordingly. And his 
Excellency the Governour is hereby authorised and re- 
quested by and with the Advice of Council, to grant a 
Warrant upon the Treasurer of this Commonwealth, for 
payment of the sums ordered by these Resolves. 

June 2, 1791. 

Chapter 14. 

RESOLVE ON THE PETITION OF THOMAS RVSSELL, ESQ. AND 
OTHERS, GRANTING THEM LEAVE TO SELL THE REAL ES- 
TATE MENTIONED. 

Upon the Petition of Thomas Russell & o'rs praying 
for leave to sell the real estate in their hands belonging to 
the heirs of Dr. Cooper deceased. 

Whereas, by the last will and testament of Samuel 
Cooper, late of Boston, in the County of Sufolk, Doctor 
of Divinity deceased, one third part of the real Estate of 
the Testator aforesaid was devised to John Lotvell and 
Tliomas Russell Esqrs. in trust to the use of Abigail 
Hixon, and whereas by the petition of the P]xecutors, & of 
the Heirs of the said Testators it appears to be to the ad- 
vantage of the said Abigail that the one third part afore- 
said should be sold, but that the said Trustees have no 
authority to sell or dispose of the same ; and the said 



Resolves, 1791. — May Session. 391 

Trustees and Heirs, by their joint petition pray tiiat the 
said John Loioell & Thomas Russell Esquires, may be 
authorized and empowered to sell and convey the same : 

Resolved, — That the said Thomas Russell and John 
Loivell Esquires Trustees as aforesaid, be and they hereby 
are empowered to sell and convey the one third part of the 
real E-tate aforesaid, & a good and lawful deed thereof, in 
fee simple, to make and execute, provided always, that 
the monies arising from the sale thereof, be and remain 
with the said Trustees, in trust, to the use of the said 
Abigail Hixon, in the same manner, and subject to the 
same limitations as that part of the personal Estate of 
the Testator aforesaid, bequeathed in trust to the use of 
the said Abigail Hixon. June 2, 1791. 

Chapter 15. 

RESOLVE ON THE PETITION OF THE TOWN OF WESTPORT, RE- 
MITTING A FINE LAID ON SAID TOWN. 

On the Petition of the Town of Westport. 

Resolved that for Reasons set forth in the said Petition, 
The Treasurer of this Commonwealth be and ho hereby is 
directed to credit the said Town of Westjport the Sum of 
Fifteen pounds set on said Town as a fine for not sending 
a Representative to the General Court the last Year. 

June 5, 1791. 

Chapter 16. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF PEPPERRELL, REMITTING A FINE LAID ON SAID TOWN. 

On the Petition of the Selectmen of the Town of Pep- 
pei'ell. 

Resolved that the Treasurer of this Commonwealth be 
and he hereby is directed to credit the said Town the 
Sum of Tivelve pounds fifteen Shillings set on the said 
Town as a fine for not sending a Representative to the 
General Court in 1786 they having complyed Avith their 
Duty there in. June 3, 1791. 

Chapter 17. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF MILFORD, REMITTING A FINE LAID ON SAID TOWN. 

On the Petition of the Inhabitants of the Town of 
Milford. 



392 Eesolves, 1791. — May Session. 

Resolved^ that for the reasons set forth in said Petition, 
The Treasurer of this Commonwealth be and he hereby 
is directed to credit the said Town of Milford The Sum 
of Eleven pounds set on them at the last Session of the 
last General Court as a fine for not sending a Representa- 
tive to the General Court the last Year. June 3, 1791. 



Chapter 18. 

RESOLVE ON THE PETITION OF THE TOWN OF TEMPLETON, 
REMITTING A FINE LAID ON SAID TOWN. 

On the Petition of the Town of Templeton. 

Resolved, that for reasons set forth in the said Petition, 
the Treasurer of this Commonwealth be and he hereby is 
directed to credit the said Town the Sum of Thirteen 
pounds set on the said Town as a fine for not sending a 
Representative to the General Court the last Year. 

Jane 3, 1791. 



Chapter 19. 

RESOLVE ON THE PETITION OF THE TOWN OF LEOMINSTER, 
REMITTING A FINE LAID ON SAID TOWN. 

On the Petition of the Town of Leominster. 

Resolved that the Treasurer of this Commonwealth be 
and he hereby is directed to credit the said Town the 
Sum of Twelve pounds set on said Town as a fine for not 
sending a Representative to the General Court the last 
Year for reasons set forth in said petition. 

June 3, 1791. 



Chapter 20. 

RESOLVE ON THE PETITION OF THANKFULL BLAKE, DIRECTING 
THE COMMITTEE FOR METHODIZING ACCOUNTS TO CERTIFY 
THE SUM THAT SHALL BE FOUND DUE TO HER LATE HUS- 
BAND. 

On the petition of Thank/ull Blake widow of Capt, 
Lt. Joseph Blake praying slic may Receive what may 
be found Due to her Late husband for his services in 
the Continental army. 

Resolved that the Committe for methodizing Public [c] 
accompts. be Directed to Certifie to the Govcrnour & 
Council the sum that shall ho found Due to the Estate 



Resolves, 1791. — May Session. 393 

of the Late Capt. Left. Joseph Blake to be paid to the 
Administrat[r]ix to the said Blake's Estate in Like man- 
ner as others Received their pay in Like Circomstances. 

June 4, 1791. 

Chapter 31. 

RESOLVE REQUESTING HIS EXCELLENCY TO WRITE TO NEW 
HAMPSHIRE, AND VERMONT, FOR THE PRESERVATION OF 
FISH IN CONNECTICUT RIVER. 

Resolved that his Excellency the Govournor be and he 
hereby is requested to send Copies of the Act lat[e]ly . 
passed by the Legislature of this Commonwealth for the 
preservation of Fish in Connecticuit River, to the Supreme 
Executive Power of the States of Neio Hampshire and 
Vermont and to request the said States to adopt simular 
measures for the preservation of Fish in the said River — 
The State of Connecticut having adopted similar measures 
for the same purpose. June 4, 1791. 

Chapter 31a.* 

ORDER ON THE PETITION OF ELIJAH HATS AND OTHERS, RELA- 
TIVE TO THE DIVISION OF THE TOWN OF BERWICK. 

On the petition of Elijah Hays, Ichahod Goodwin and 
Jonathan C. Chadbiirn a Committee in behalf of the 
town of Berwick praying the same may be divided into 
two seperate towns. 

Ordered that the petitioners notify the inhabitants of 
the town of Berwick by leaving an attested copy of the 
petition and this order thereon with the Clerk of said 
town at least sixty days before the second Wednesday 
of the next session of the General Court then to ai)pear 
and shew cause, if any they have, why the prayer of said 
petition should not be granted. Jtme 4, 1791. 

Chapter 33. 

RESOLVE ESTABLISHING A NOTARY PUBLIC AT MACHIAS. 

Resolved that hereafter there shall be appointed one 
Notary Publick for the County of Washington whose 
residence shall be at Machias in that County. 

June 7, 1791. 

* Not printed in previous editions. Taken from court record. 



394 Resolves, 1791. — May Session. 



Chapter 23. 

RESOLVE DIRECTING THE COMMITTEE FOR METHODIZING AC- 
COUNTS, TO CERTIFY THE SUM DUE TO THE ESTATE OF THE 
LATE MAJOR GENERAL JOHN THOMAS. 

On the petition of hannah Thomas Widow to the Late 
major general John Thomas praying she may Receive what 
may be found Due to her late husband for his Services in 
the Cont[?']nental armey. 

Resolved that the Committe for methodizing public [e] 
acounts be Directed to Certify the sum of tioo hundred 
& Seventy pounds Due to the Estate of the Late major 
general John Thomas and that his Exelency the govenour 
be Requ[e]sted to make out his warrant for the Same to 
be paid to the Administrat[7''|ix of the Said Thomas Estate 
in Like manner as others Received there pay In Like 
Cercomstanc[e]s. June 7, 1791. 

Chapter 34. 

RESOLVE DIRECTING THE SECRETARY AND THE CLERKS OF 
THE TWO HOUSES, TO AGREE FOR THE PRINTING BUSINESS 
THE YEAR ENSUING. 

Resolved that John Avery Jun. Samuel Oooper & 
George R. Minot Esqrs. be & hereby are appointed with 
full Power & authority to Contract for the Printing busi- 
ness of this Common wealth the year Ensuing on Reason- 
able Terms not to Exceed the terms given the year Pa>t. 

Juyie 7, 1791. 

Chapter 24a.* 

ORDER RELATIVE TO THE DIVISION OF THE TOWN OF VASSAL- 
BOROUGH. 

Ordered that Charles Webber, who by petition has 
prayed for a division of the town of Vassalborough into 
two towns, notify the said town by leaving an attested 
copy of his petition and this order thereon with the Clerk 
thereof, forty days before the next sitting of the General 
Court ; that they may appear on the second Wednesday 
of said sitting of the General Court, and shew cause, if 
any they have, why the prayer of the said petition should 
not be granted. June 7, 1791. 

* Not printed in previous editions. Taken from court record. 



Eesolves, 1791. — May Session. 395 



Chapter 25. 

RESOLVE REQUESTING HIS EXCELLENCY TO GIVE ORDERS FOR 
RAISING TWO ADDITIONAL TROOPS OF CAVALRY IN THE 7th 
DIVISION OF THE MILITIA OF THIS COMMONWEALTH. 

On the petition of Silas Culler and Jotham Bouher, 
praying that additional Cavalry may be raised in the 
seventh Division of the militia of this Commonwealth, 
for reasons mentioned. 

Resolved that His Excellency the Governor be, & he 
hereby is requested to give orders for raising two addi- 
tional troops of Cavalry in the seventh Division of the 
militia of this Commonwealth ; one of the said troops 
to be raised within the limits of the third Eegt. & the 
other within the limits of the fifth Regiment in the second 
Brigade of the said Division. 

And be it further Resolved that the said two troops 
when raised shall be, and hereby are attached to the 
Eegiment of Cavalry belonging to the seventh Division 
of the Militia. June 8, 1791. 

Chapter 26. 

RESOLVE RESPECTING FORGED ORDERS, &c. 

Resolved that no petition for wages drawn by forged 
orders, shall be sustained unless the petitioner shall have 
given public notice for three weeks successively, six 
months before such application, in Adams's Independent 
Chronicle ; in which notification he shall describe the 
number date & sum of the note so said to have been 
drawn by a forged order ; together with the time of its 
being issued, the name and place of abode if known of 
the person guilty of the forgery & his intention to apply 
to the Legislature for a new note in lieu of that said to 
have been drawn by the forged order aforesaid. 

And it is further resolved that no petition for a note to 
be issued in lieu of one lost or destroyed by fire or other- 
Avise shall be sustained unless the i)etitioner shall have 
given public notice in Adams's Independent Chronicle for 
three weeks successively six months before such applica- 
tion in Avhich notification he shall describe the number 
date & sum of said note & the name of the person in 
whose favour the same was issued — the time place & 
manner in & by which such note was lost or destroyed, 



396 Resolves, 1791. — May Session. 

& his intention to petition the legislature for a new note 
in lieu of the one said to be so lost or destroyed — 

And that the foregoing resolutions be published for 
three weeks in the Independent Chronicle. 

June 5, 1791. 

Chapter 37. 

RESOLVE ON THE PETITION OF DEBORAH BURGES, DIRECTING 
THE COMMITTEE FOR METHODIZING ACCOUNTS TO CERTIFY 
THE BALANCE DUE TO JONATHAN BURGES. 

On the petition of Deborah Burges praying that she 
may receive the wages due to her late huslmnd Jonathan 
Burges a Soldier who died in the Army of the United 
States. 

Resolved that the Committee for methodizing Public 
accounts, be and hereby are directed to Certify to the 
Govourner and Council the pay or arrears of pay due to 
the said Jonathan Burges for his Services as a Soldier 
in Colo. Bradford's Kegiment — And the Treasurer on 
receiving warrant therefor is directed to Issue his Note 
for the same, in the same way and manner as the other 
Soldiers are paid. June <S, 1791. 



Chapter 38. 

RESOLVE ON THE PETITION OF JEDEDIAH HOLMES AND 
EPHRAIM HOLMES. 

On the Petition of Jedediah Holmes and Ephraim 
Holmes Representing that they on the 15th of may 1789 
Entred into a recognizence in the Sum of ten pounds each 
Conditioned for the appearance of one Levi Holmes at 
the Supreme Judicial Court then next to be holden at 
Plymouth in the County of Plymouth, to answer to such 
matters and things as should then and there be aledged 
against him in behalf of the Commonwealth; and that the 
said Levi did not appear, — that their Recognizence was 
declared to lie forfeit, and an Execution has Isued 
against them for the sum of ten pounds Each with the 
Cost of Prosecution, and praying they may be permitted 
to satisfy the said Execution in the Securities against the 
Commonwealth. 

Resolved that the prayer of the Petition be so far 
granted, that the Petitioners be and hereby are permitted 



Resolves, 1791. — May Session. 397 

to pay and Discharge the said sum of Ten pounds each in 
the Consolidated Securities of this Commonwealth, — 
Provided they shall pay all the Legal Cost that has arisen 
on the said Prosecution in specie, and the sheriff of the 
said County of Plymouth is lierel)y directed to Govern 
himself accordingly — 

And the Treasurer of this Commonwealth is hereby 
directed to receive of the said sheriff the securities afore- 
said in full Satisfaction for the said forfeiture. 

June .9, 1791. 



Chapter 39. 

RESOLVE ON THE PETITION OF COL. RICHARD G RIDLEY, ALLOW- 
ING HIM A CONSOLIDATED NOTE FOR THE SUM OF £.50, 
DRAWING INTEREST FROM 13th OF APRIL, 1784, FOR THE 
LOSS HE HAS SUSTAINED BY A JUDGMENT RECOVERED 
AGAINST HIM. 

On the Petition of Colo. Richard Gridley^ praying for 
a reimburstment of fifty pounds, recovered of him, by 
Judgment at Law, for a horse killed & a Sulkey worn out 
in the Service of the United States, in the late War. 

Resolved, that there be allowed & delivered to the said 
Richard Gridley, or his order, a consolidated Note of this 
Commonwealth, duely executed, for the sum of fifty 
pounds lawful Money, & drawing Interest at six ^ 
Centum ^ Annum, from and after the 13th Day of April 
A D 1.784 ; which shall be in full, for the loss and 
damage sustained by the said Gridley as aforesaid. 

June 8, 1791. 

Chapter 30. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF HANCOCK, DIRECTING THE TREASURER TO CREDIT SAID 
TOWN, THE SUM OF £.187 11 8, OUT OF THE OUTSTANDING 
TAXES, PRIOR TO TAX NO. 4. 

On the Pitetition of the Selectmen of the Town of 
Hancock seting forth the many Inconveniences and Losses 
Sustaind by said Town in the Collection of Taxes and in 
the deficiency of Collections, owing to the unsettled Line 
of Jurisdiction betweene this Commonwalth & the State of 
JSFew York, more especially that Ephraim Boioman a Col- 
le[c]tor of Taxes in said Town for the years 1780 & 1781 
— & now an Inhabatant of the State of New York by the 



398 Eesolves, 1791. — May Session. 

runing the Line of Jurisdiction aftbresaid had colle[c]ted 
the sum of tivo hundred & ninety pounds, nineteen shil- 
lings & sevenjjence more than he has accounted for with 
the treasurer of this Common walth — And tliat although 
said Town had paid a small part of the Sum afforesaid, 
yet there now remains due to the puljlick, Treasurer the 
Sum of one hundred & eighty-seven pounds eleven shillings 
& eight pence, which said Town cannot recover of said 
Bowman and which it is utterly unable to pay, and pray- 
ing relief in the Premises. 

Be it therefore Resolved That the Prayer of the Petition 
of the Selectmen of Hancok be so far granted, that the 
Treasurer of this Commonwalth be, & he is hereby 
directed to credit the Town of Hancock the sum of one 
hundred & eighty seven pounds, eleven shillings, and eight 
jwiice out of the outstanding Taxes due from said Boiv- 
man or out of any other taxes prier to Tax number four. 

June 9, 1791. 



Chapter 31. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF CHARLE- 
MONT, DIRECTING THE TREASURER TO STAY EXECUTION, 
FOR THE SUM MENTIONED. 

On the Petition of the Selectmen of Charlemont in 
behalf of sd. Town prayin for reasons set forth in sd. 
petition a further Time for paying the sum of Ninety eight 
pounds 3/6 of No. 4 & 5 Taxes. 

Resolved that the Treasurer be & he is hereby directed 
to stay Execution for said sum against sd. Town of Charle- 
mont until the last day of November next. 

June 9, 1791. 



Chapter 33. 

RESOLVE ON THE PETITION OF JOHN BEACH, DIRECTING THE 
COMMITTEE FOR METHODIZING ACCOUNTS, TO CERTIFY THE 
BALANCE DUE TO THOMAS BEACH. 

On the Petition of John Beach praying that he may 
receive the wages due to his Son Thomas Beach a Soldier 
who died in the army of the United States. 

Resolved that the Committee for methodizing Publick 
accounts l^e and hereby are directed to Certify to the 
Govourner and Council the pay or arrears of Pay due to 



Kesolves, 1791. — May Session. 399 

the said Thomas for his Services as a Soldier in Colo. 
Greatons Kegiment, and the Treasurer on receiving the 
Governor's warrant therefor is directed to Issue his Note 
for the same in the way and manner as the Other Soldiers 
were paid. June 10, 1791. 

Chapter 33. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF YORK AND GRANTING A TAX. 

Whereas the Treasurer of the County of York has 
Laid his Accounts before the General Court in Manner 
by Law Prescribed which Accounts are thereby allowed ; 
And Whereas the Clerk of the Court of General Sessions 
of the Peace for the said County of York, has Laid before 
the General Court an Estimate Made by the Court of 
General Sessions of the Peace of the Necessary Charges 
which have arisen in the said County in the year 1790 
and which are Likely to Arise within the said County the 
Current Year Amounting to the sum of tivo Hundred & 
Thirty Pounds: 

Resolved that the sum of two Hundred & Thirty Pounds 
be and hereby is granted as a Tax for the said County of 
York, to be apportioned Assessed Collected and Applied 
in Manner Provided by Law. June 10, 1791. 

Chapter 34. 

RESOLVE ON THE PETITION OF STEPHEN WARNER. 

On the Petition of Stephen Warner of Cumington 
Guardian to the Children of Timothy Mower late of Said 
Cumington in the County of Hampshire deceased, pray- 
ing that he may be Authorised to make Sale of the Real 
Estate belonging to said children, and Expend the pro- 
ceeds of Such Sale in the purchase of other lands for the 
Benefit of said Children. 

Resolved that the said Stephen Warner be, and he 
hereby is, fully authorised & empowered to make sale of 
said Real Estate, in way & manner by law prescribed for 
the sale of Real Estates, by Executors or administrators, 
and to Make & Execute a good & Sufficient deed or deeds 
to the purchaser or purchasers thereof, and lay out & 
Expend the proceeds of Such Sale, in the purchase of 
other lands for the Benefit of said Children — provided 



400 Resolves, 1791. — May Session. 

that he the said Stephen Warner gives bonds with Suffi- 
cient Surety to the Judge of probate of said County for 
the faithful discharge of the Trust reposed in him by this 
Resolve. June 10^ 1791. 



Chapter 35. 

RESOLVE ON THE PETITION OF JOHN G. LIGHT, GRANTING HIM 
£.4 10 FOR FERRYING 1800 MEN, OVER BROAD BAY. 

On the petition oi John George Light of Waldohorough. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth four pounds ten shillings to John 
George Light in full for his ferrying Eighteen hundred 
Officers & Men over Broad Bay ferry in the Penohscott 
Expedition, 1779. June 10, 1791. 



Chapter 35a.* 

ORDER ON THE PETITION OF MOSES FULLER AND OTHERS, 
RELATIVE TO THE DIVISION OF THE COUNTY OF SUFFOLK. 

On the petition of Moses Fuller & others praying for a 
division of the County of Suffolk. 

Ordered that the said petitioners notify the several 
Towns in the said County of Suffolk by leaving an attested 
copy of the said petition and of this order thereon with 
the respective Clerks of said towns, thirty days at least 
before the next sitting of the General Court, then to shew 
cause, if any they have why the prayer of the said petition 
should not be granted. June 10, 1791. 



Chapter 36. 

RESOLVE ON THE PETITION OF JOHN WAIT. 

On the Petition of John Wait, praying for a Trial in an 
Action brought against him by Joseph Tucker, on Avhich 
Action Judgment was rendered, on Default, against the 
said Wait, before Joseph Simpson Esqr. a Justice of the 
peace, for the County of York, on the thirty first day of 
January 1788. 

Resolved, that the said John Wait be, & he is hereby 
impowered to enter the said Action at the Court of Com- 
mon Pleas next to be holden in & for the County of York, 

• Not printed in previous editions. Taken from court record. 



Resolves, 1791. — May Session. 401 

and that the same Proceedings be had thereon, in the said 
Court, as though the Said Demand had been Denied before 
the said Justice, & Legally Carryed to the said Court; 
And that Execution be Stayed in the mean time : Provided 
the said John Wait serve the said Joseph Tucker with an 
attested Copy of this Resolve at Least fourteen days before 
the Setting of the said Court. June 11, 1791. 

Chapter 37. 

RESOLVE ON THE PETITION OF SUSANNAH DAVIS, EMPOWER- 
ING THE JUDGE OF PROBATE TO ALLOW THE COMMISSION- 
ERS A FURTHER TIME TO EXAMINE THE CLAIMS TO THE 
ESTATE OF DANIEL LIVERMORE. 

On the Petition of Susanah Davis Praying that the 
Judge of Probate for the County of Middlesex, may be 
impowered to allow a further time to the Commissioners 
on the Estate of Daniel Livermore Late of Weston, in the 
said County Deceased, Represented Insolvent, to receive 
the claims on the said Estate. 

Resolved that the Prayer of said Petition be granted, 
and that the said Judge of Probate, be and he hereby is 
impowered, to allow said Commissioners at the expence of 
the Petitioner a further term of one Month, to receive and 
Examine the Claims of the several Creditors, to the Estate 
of the said Daniel Livermore, any Law to the Contrary 
notwithstanding. June 11, 1791. 

Chapter 38. 

RESOLVE ON THE GOVERNOR'S MESSAGE, REPEALING A RES- 
OLUTION PASSED ON THE FIRST OF JUNE CURRENT AD- 
JOURNING THE SUPREME JUDICIAL COURT IN THE EASTERN 
COUNTIES. 

Whereas a Resolve passed on the first of June current 
altering the time by Law established for the sitting of the 
Supreme Judicial Court in the three eastern Counties — 
and it having been since represented that the Resolve 
aforesaid will prove injurious in its operation : 

Therefore Resolved that the Resolve above described be, 
& it hereby is repealed. — 

And the Secretary is directed forthwith to cause this 
Resolution to be published in the Independent Chronicle, 
the Cumberland Gazette and the (iazette of Maine, and 
also to transmit an attested copy of this Resolve to the 
Sheritf of the County of Cumberland. June 11, 1791. 



402 Resolves, 1791. — May Session. 

Chapter 39. 

RESOLVE DIRECTING THE TREASURER TO PAY THE WARRANT 
DRAWN IN FAVOR OF JOHN SLATER, TO SAMUEL SLATER, 
IT APPEARING THERE WAS A MISTAKE. 

Whereas by a Clerical mistake the Name ofJoJm 
Slater,'' was inserted in a Resolve of the General Court 
of February the 8th, 1790 ; in the Room of Samuel blater, 
and a warrant from the Governor & councel was issued on 
the Treasurer for the payment oi four X)Ounds to John 
Slater ai^reable to Said Resolve : . , . ^. 

it is therefore Resolved that the Treasurer ot this Com- 
monwealth be, and he hereby is directed and Authorised 
to pay the Contents of said warrant to Samuel Slater m 
the same way and manner as tho' said warrant had been 
drawn in the name of the said Samuel Slater, any resolve 
to the Contrary notwithstanding. June 11, 1791. 

Chapter 40. 

RESOLVE DIRECTING THE TREASURER TO CALL UPON ALL 
DELINQUENT NAVAL OFFICERS TO MAKE A SPEED\ SET- 
TLEMENT. 

Whereas it appears that there are a numl)er of Naval 
Officers which have not settled their Collection, ot Light 
Monies & other duties and that no Person is Authorised 
to call upon them for the same : ^^ 7 7 -n 

Therefore Resolved that Alexander Hodgdon J^sqr. 
Treasurer of the Commonwealth be and He hereby is 
impowered & directed to call upon all such delinquent 
Officers to make speedy settlement, and in Case ot JNeg- 
lect for the term of three months from the date ot this 
Resolve to prosecute for the same. June 11,1791. 

Chapter 41. 

RESOLVE FOR ADDING TO THE SEVENTH DIVISION OF MILITIA 
OF THIS COMMONWEALTH, A SECOND MAJOR, AND THE 
OFFICE TO BE CONSIDERED AS A PART OF THE ESTABLISH- 
MENT OF THE SAID REGIMENT. 

On the petition of Timothy Newell, Major General of 
the 7th division of the Militia of this Commonwealth, 
pravino-, that, " whereas the Regiment of Cavalry in the 
Countf of Worcester is very large & extensive, a second 
Major be added to the said Regiment." 



Resolves, 1791. — Mat Session. 403 

Resolved, that the prayer of said petition be granted, & 
that there be added to the said Regiment of Cavalry a 
second Major, who shall be chosen & commissioned ao-re- 
ably to the existing laws of the Commonwealth, for^the 
cho[o]sing & commissioning the officers of the militia- & 
that the office of second Major be added to, & considered 
as a part of, the establishment of the said regiment of 
C^^^^^T. June ll 1791. 



Chapter 42. 

RESOLVE ON THE PETITION OF WATERMAX THOMAS AND 
MEMORIAL OF SHERIFF BRIDGE. 

On the Petition of Edmund Bridge Esqr. Sheriff of the 
County of Lincoln and on the Memorial of Waterman 
Thomas Esqr. setting forth, that in the Year of our Lord 
1780, Government became indebted to said Thomas in the 
Sum of Two Thousand twenty three pounds eight shil- 
lings and ni7ie pence for Supi)lies by him furnished their 
Troops at the eastward; that he applied to the General 
Court in January 1781 to have his Accounts settled and 
paid, but notwithstanding his utmost Exertions to effect 
this he did not obtain it till 3Iarch 1787 ; that he then 
received Orders upon Collectors of back Taxes in the 
Counties of Cumberland and Lincoln to the Amount of 
the above Sum, but no Interest or Consideration was 
given him for witholding said Debt during six years, 
while he was endeavouring to ol^tain a Compensation from 
Congress by Direction of the General Court — And that 
he the said Thomas has been obliged to pay Interest for 
part of the Supplies so furnished the Troops of this Com- 
monwealth during all that time— and further setting forth 
that he has become indebted to this Commonwealth in the 
Sum offmcr hundred yiinety seven pounds nineteen shil- 
lings and ten pence on the Specie part of Tax No. 5 — 
six hundred eighty seven pounds seven shillings and six 
pence in army Notes and four hundred eighty eight 
pounds fourteen shillings & two pence in Indents, which 
he has engaged to pay into the Treasury of this Com- 
monwealth, for several Collectors of the No. 5 Tax, for 
which Sums Executions were issued to the Sheriff of the 
County of Lincoln — and praying that he may be allowed 
his Interest on the Sum hrstmentioned during the Time 
it was withheld as aforesaid ; that he may be paid for his 



404 Resolves, 1791. — May Session. 

Services as Assistant Quartermaster and also that the 
several Orders which have been drawn on Collectors in 
his favour and afterwards abated by the General Court may 
be allowed and further that the said Sheriff of the County 
of Lincoln be discharoed from the aforesaid Sums. 

Resolved That the prayer of said Petition and Memo- 
rial be so far granted that the Treasurer of this Com- 
monwealth be and he herel^y is directed to discharge the 
said Edmund Bridge Sheriff of the County of Lincoln 
of the sum of Three hundred and ninety five pounds, four 
shillings OiWiX five pence in part of the sum oifour hundred 
and ninety seven pounds nineteen shillings and ten p>ence 
on the Specie Part of Tax No. 5. 

And it is farther Resolved that the said Treasurer be 
and he is hereby directed to discharge the said Sheriff of 
the County of Lincoln of the Residue of said four hundred 
& ninety seven pounds nineteen shillings & ten pence & of 
the said sums due in Army Notes'and Indents as aforesaid 
provided the said Waterman Thomas give Bond to the 
said Treasurer for the payment of ihe same Sums in Man- 
ner following Viz. one third part thereof in one year from 
the Date of this Resolve — one other third part in two 
years from said Date and the remaining third part thereof 
in three years from the Date hereof. June 11, 1791. 

Chapter 43. 

RESOLVE ON THE REPRESENTATION OF ALEXANDER HODG- 
DON, ESQ. TREASURER. 

Resolved, That Alexander Hodgdon Esq. Treasurer of 
this Commonwealth be, and he is hereby authorised & 
impowered to permit Mr. David Morey to reside in that 
part of the House now improved l)y him the said Hodg- 
don, airreal)ly to his request, until the further order of the 
General Court. J^yie 11, 1791. 



Chapter 44. 

RESOLVE ON THE REPRESENTATION OF THE TREASURER, RE- 
SPECTING PICKERING'S CERTIFICATES. 

On the Representation of the Treasurer of this Com- 
monwealth o( June ye 8th, 1791. 

Resolved, That the said Treasurer l)c and He is hereby 
directed to take the necessary Measures for loaning to the 



Resolves, 1791. — May Session. 405 

United States Picl-erinrfs Certificates, mentioned in the 
said Representation, in like Manner as He was directed 
by a Resolve of the Genl. Court of the 5th oi March last, 
to loan the Certificates issued from the Loan Offices of the 
other States, any Thing in the said Resolve to the con- 
trary notwithstanding. June 11, 1791. 

Chapter 45. 

RESOLVE ArPOINTING A COMMITTEE TO EXAMINE THE TREAS- 
URER'S BOOKS, RESPECTING THE TRANSFER OF OLD BAL- 
ANCES OF TAXES. 

Whereas there are many small Balances on the Books 
of the Treasury transferred from the Books of Treasurer 
Foye down to those of the late Treasurer Ivers, during 
which length of Time many and great alterations have 
taken Place in the Towns and other Places from which 
said Sums appear to be due ; and as it is probable many 
of them have been paid, but from Time and other Circum- 
stances proper Proof cannot be obtain'd, and that many 
others of them will not compensate in any Degree the 
Expence of an En(iuiry, and whereas the i^aid Balances 
cannot be discharged from the Hooks of the Treasury 
without the Authority of this Court : Therefore 

Resolved That Cotton Tufts Jonathan Mason & Thomas 
Clarke Esqrs. be a Committee to sit in the Recess of the 
General Court who shall have full Power & authority to 
examine into all Balances that appear to be due on Taxes 
prior to the year 1780 — and report to the Genl. Court 
at their next sitting all such of the said Balances as they 
shall conceive expedient, should be discharged from the 
Treasury Books. 

And it is further Resolved, That the Treasurer be 
directed to furnish the said Committee with a List of the 
said Ballances, and such Aid in the Prosecution of their 
Business, as they shall find necessary. June 11, 1791. 

Chapter 46. 

RESOLVE ON THE PETITION OF MICHAEL MCDONSELL. 

On the petition of Michael McDonnell who served as a 
soldier in the army of the United States from March 1777 
to the close of the war, who enlisted as a private in Colo. 
Putnants Regiment & was afterwards transfered to Colo. 



406 Resolves, 1791. — May Session. 

JVixon's Regiment praying for a consideration (similar to 
what others in like circumstances have received) for the 
deduction made from his depreciation notes. 

Resolved that there be allowed and paid to the said 
Michael McDonnell the sum of tiventi/ three pounds, eight 
shillings and nine pence in full for the deduction aforesaid 
and for any arrears of wages and cloathing — and that the 
Committee tor methodizing accounts be directed to certify 
the same, and the Treasurer on receiving a warrant there- 
for is directed to pay the said Michael in the same way 
and manner as other soldiers have been paid, any law or 
resolve to the contrary notwithstanding. 

June 11, 1791. 

Chapter 47. 

IIESOLVE GRANTING £.113 8s. TO GEORGE MORGAN, ESQ. EX- 
ECUTOR TO THE ESTATE OF THOMAS HUTCHINS, ESQ. DE- 
CEASED. 

U[)on the Petition of George Morgan Executor of the 
estate of Thomas Hutchins deceased, late Geographer to 
the United States, praying for an allowance for services 
rendered this Common Wealth, in ascertaining the line 
between this & the State of JSfew York. 

Resolved that the Prayer of said Petition be granted, 
and that there be allowed & paid to the said George Mor- 
gan in his Capacity of Executor to said Hutchins, out of 
the Treasury of this Common Wealth, the sum of One 
Jiundred & thirteen pounds eight shillings Lawful Money, 
in full of the ballance now due to said Morgan, Executor 
as aforesaid, for the services performed by said Thomas 
Hutchins in ascertaining the line between this &, the State 
of JVeto York as set forth in said Morgan's petition. 

June 13, 1791. 

Chapter 48. 

RESOLVE ON THE PETITION OF JOB CLARK. 

On the petition of Samuel Henshaw in behalf of Job 
Clark. 

Resolved that the Commissary General be, and he is 
hereby directed to deliver to the said Job Clark a good 
fire-arm, with a steel ramrod and a bayonet fitted to the 
same ; in full compensation for his tire-arm lost in the 
service of this Commonwealth. June 13, 1791. 



Resolves, 1791. — May Session. 407 



Chapter 49. 

UESOLVE ON THE PETITION OF DANIEL DENNIS ON ROGERS, 
DIRECTING THE ATTORNEY GENERAL. 

Resolved That the Attorney General of this Common- 
wealth, be authorized & directed to appear in any Court, 
within this Commonwealth, & make answer to any suit 
or action, that now is, or hereafter may be pending in 
any such Court, by any person against Daniel Dennison 
Rogers of Boston in tlie County of Suffolk Merchant for 
the recovery of any Estate, Confiscated as being the prop- 
erty of William Mollineux late of sd. Boston, deceased, 
an absentee which estate has been heretofore sold to the 
aforesaid Rogers, by the Committee of this Common- 
wealth, for tiie sale of Absentees estates — & any such 
action to defend to the final decision thereof. 

June 13, 1791. 



Chapter 50. 

RESOLVE EMPOWERING SAMUEL FREEMAN, ESQ. TO MAKE 
SALE OF LAND IN PORTLAND, THE PROPERTY OF THIS COM- 
MONWEALTH. 

Whereas by a Resolve of the General Court, passed the 
18th January/ 1790 Saimiel Freeman esqr. was authorized 
& impowered to make sale of twenty four acres of land 
lying in the town of Portland, late the property of Willm. 
Tyng esqr. an absentee, — since which, doubts have arisen 
with respect to the right or title of the Commonwealth, 
to the whole, or a part of said land ; which preventedthe 
aforesaid agent's proceeding to execute his commission. 
And whereas upon enquiry it appears to this Court, that 
the Commonwealth have a good and legal right to the 
one half of the land aforesaid — Therefore — 

Resolved that the aforesaid Samuel Freeman esqr. be, 
& he hereby is authorized and directed to proceed as soon 
as may be with conveniency, to make sale of the one half 
of the aforesaid twenty four acres of land, at pul)lic or 
private sale, as he shall judge will be most advantageous 
to the Commonwealth, for the most the same will fetch, 
in the consolidated notes of this Commonwealth; first 
giving proper notice of the sale — and to make and ex- 
ecute a good deed or deeds to the purchaser or purchasers 
of the same. — And the said Agent is directed to pay the 



408 Resolves, 1791. — Mat Session. 

proceeds of the said sale into the Treasury of this Com- 
iBon wealth, and to take duplicate receipts for the same, 
one to be lodged in the Secretary's office, and to lay his 
account of time & expence before the General Court for 
allowance and payment. June 13^ 1791. 

Chapter 51. 

IIESOLVE ON THE PETITION OF SAMUEL BARRETT, IN BEHALF 
OF THE COMMITTEE FOR THE SALE OF ABSENTEES ESTATES 
IN THE COUNTY OF SUFFOLK. 

On the memorial of Satrmel Barrett in behalf of the 
Comittee for the Sale of the Estates of Absentees in the 
County of Suffolk shewing that there now remains due 
from the estate of Adino Paddoch late of Boston in the 
said Count}^ Esq. an absentee to the Executors of the 
last will of John Erving Esquire deceased a sum of 
money arising by mortgage executed by the said Pad- 
doch and assigned to the said Erving, that the estate of 
the said Paddoch hath been confiscated and sold & the 
proceeds thereof paid into the public treasury, and that 
the said proceeds are more than sufficient to discharge the 
said Mortgage, and i)raying for reasons set forth in the 
said memorial that the said mortgage may be discharged 
out of the public treasury. 

Resolved that the said Samuel Barrett with the assist- 
ance of the Attorney (xeneral of this Commonwealth 
adjust as soon as may be with the said Executors or their 
Attorney the sum now due on the said mortgage now in 
the hands of the said Executors, and to certify to the 
Secretary the sum found due on the said mortgage upon 
such adjustment. And his Excellency the Governor is 
authorised and requested by and with the advice of the 
Honourable the Council to draw his warrant upon the 
Treasurer for payment of the sum which shall be so certi- 
fied who is hereby authorised and directed to discharge 
the same out of the first monies which shall be received 
into the treasury from any })ul)lic taxes not already appro- 
priated with Interest upon the same until paid. 

June 13, 1791. 

Chapter 53. 

RESOLVE ON THE PETITION OF THE TOWN OF WORCESTER. 

On the Petition of the Inhabitants of the Town of 
Wo7'cester in the County of Worcester shewing that there 



Resolves, 1791. — May Session. 409 

is in said Town a Lot of unimproved Land containing 
about fifty Acres laid out for School Land — and praying 
that they may be empowered to make Sale of said Land 
for Reasons set forth in said Petition. 

Resolved That the prayer of said Petition be granted 
and that the said Inhabitants be & they are hereby em- 
powered to make Sale of said Land & to execute good 
and sufiicient Deed or Deeds to pass the same — And the 
Money arising by the Sale or Sales of said Land shall be 
l)ut out on Interest and the annual Interest arising on the 
Amount of such Sale or Sales shall be applied for the Sup- 
port of Schools in said Town of Worcester. 

June 14, 1791. 

Chapter 53a.* 

ORDER ON THE TETITION OF NATHANIEL CARTER AND OTHERS. 

On the petition of Nathaniel Carter and others praying 
for liberty to erect a toll bridge over Merrimack river at a 
place called the Pines in Neichury too Deer Island and 
from thence to Salisbury and that the petitioners with 
others their associates may be incorporated for that pur- 
pose. 

Ordered that the petitioners cause public notice of the 
contents of their said petition to be given by causing a 
true copy of their said petition and of this resolution to 
be published three weeks successively in the month of 
September next in Adam's independent Chronicle printed 
in Boston and in Mycall's Gazette printed in JSFewburyport 
to the intent that any person may appear on the second 
Wednesday of the next session of the General Court & 
shew cause if any he may have why the prayer of the said 
petition should not be granted. June 14, 1791. 

Chapter 53. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF TRURO, 
REMITTING SAID TOWN £.49 11 8, TO REPAIR PALMIT HAR- 
BOUR. 

On the Petition of the Selectmen of Truro in l)ehalf of 
said ToAvn, praying for the Assistance of Government, in 
repairing their Harbour called Pahnit Harbour on Oape 
Cod. 

* Not printed in previous editions. Taken from court record. 



410 Resolves, 1791. — May Session. 

Resolved for reasons set forth in said Petition that all 
the Taxes now assessed upon the Inhabitants of said 
Town of Truro, not already paid into the Treasury of 
this Commonwealth, being £49, 11,8 be remitted to 
said Inhabitants, & credited by the Treasurer of this 
Commonwealth j^i'ovided that the same money be raised 
by said inhal)itants & appropriated & laid out in repair- 
ing the Harbour aforesd. provided cdso said Inhal)itants 
shall Assess themselves in a like sum which shall actually 
be appropriated & laid out in repairing the Harbour 
aforesd. in labour or otherwise which shall be found most 
conducive to the Effecting the purpose aforesd. & be it 
further Resolved that the abovementioned sum, not all- 
ready assessed be assessed & collected, in the same way & 
manner, as is provided by law for raising & collecting 
State, & other Taxes — & be it further resolved that Syl- 
vanus Snoiv Esqr. & Anthony Snoiv Junr. be a Commit- 
tee to direct the expenditure of the money that shall be 
collected pursuant to the foregoing Resolution, for effect- 
ing the purpose therein mentioned, & render their account 
thereof to the Legislature as soon as may be. 

June 14, 1791. 

Chapter 54. 

RESOLVE FOR DISCHARGING A WARRANT DRAWN IN FAVOR 
OF GEORGE MORGAN, ESQ. AS EXECUTOR TO THE ESTATE 
OF THOMAS HUTCHINS, ESQ. 

Resolved that the Treasurer of this Commonwealth be, 
and he is hereby directed to discharge a Warrant drawn 
for One hundred & thirteen pounds, eight shillings by the 
Governor and Council, in favor of George Morgan Exec- 
utor to the estate of Thomas HutcJtins esqr. out of the 
proceeds of the lottery now in the Treasury. 

June 14, 1791. 

Chapter 55. 

RESOLVE ON THE PETITION OF EDWARD JONES AND JAMES 
HUGHES, EXECUTORS TO THE LAST WILL OF MART AXXE 
JOXES, AUTHORIZING THEM TO SELL AND CONVEY ALL 
THE INTEREST AND ESTATE IN A CERTAIN WARE HOUSE 
AND LAND IN BOSTON. 

On the petition of Edivard Jones & James Hughes Ex- 
ecutors of the last Will and Testament of Mary Anne 



Resolves, 1791. — May Sessioit. 411 

Jones late of Boston Widow deceased praying leave to 
Sell & convey the Estate and Interest said Mary Anne in 
her life time had in a certain Warehouse and Land in said 
Boston — For the reasons set forth in the petition and on 
account of the Age and local situation of the heirs and 
legatees of said Mary Anne. 

Resolved, that the prayer of said petition be granted and 
that said Jones and Hughes as Executors of said Mary 
Ann's Will be and they are hereby authorized to bargain 
sell and convey unto any person all the Interest and Es- 
tate which in her life time said Mary Anne had in and 
unto the said Warehouse, the Land under and adjoining 
the same and to make and execute good & sufficient deed 
or deeds of the same Warehouse and Land whereby to 
vest said Mary Annes Estate in the purchaser ; said Jo7ies 
& Hufjhes to account for the proceeds of the same to all 
persons interested therein. June 14, 1791. 

Chapter 55a.* 

ORDER ON THE PETITION OF WILLIAM HUNT AND OTHERS. 

On the Petition of William Hunt and others, praying 
that the Towns of Oambridge and Lexington, who by 
Law are at the Expence of building and keeping in Repair 
the Bridge at Cambridge, in the County of Middlesex, 
may be ordered to make a Draw across the said Bridge, 
upon the Plan of Cha7'lestown Bridge. 

Ordered — that the Petitioners cause the said Towns of 
Cambridge and Lexington to be notified (by serving the 
Town Clerks thereof with an attested copy of said Peti- 
tion and of this order, fourteen Days before the next Sit- 
ting of the General Court) to shew Cause, on the second 
Wednesday of the next Session of the said Court, why 
the Prayer of said Petition should not be granted. 

June 14, 1791. 

Chapter 56. 

RESOLVE AUTHORIZING JOHN DEMING, ESQ. TO CERTIFY THE 
BALANCE DUE TO JAMES PARMETER, LATE A SOLDIER IN 
THE SEVENTH MASSACHUSETTS REGIMENT. 

Resolved that John Deming Esqr. be authorised to 
Certifie to his Excellency the Governor & Council the 

* Not printed in previous editions. 



412 Resolves, 1791. — May Session. 

Balance that may be found due to James Pavmeter late 
Soldier in the 7th Massachusetts Regiment and that his 
Excellency be requested with advice of Council to draw a 
Warrant upon the Treasurer of this Common Wealth for 
said sum in favor of Aaron Parmeter the father of said 
James. June 15, 1791. 



Chapter 57. 

RESOLVE ON THE MEMORIAL OF EDWARD BRINLET. 

On the Memorial of Edward Brinley, praying that the 
Judge of Probate for the County of Suffolk may be em- 
powered to extend the Commission which has been granted 
to Commissioners to lieceive & examine the claims against 
the Estate of Eliakim Hutchinson Late of Boston in this 
Commonwealth Esqr. deceas'd, a Conspirator against the 
Gover[?z]ment& Liberties of the people; in order that he 
may receive out of the Estate of said conspirator a Bal- 
lance due him on a Note of hand, Bearing date the twenty 
sixth of December A D 17 69. 

liesolved, that the Judge of Probate for the County of 
Suffolk be, and he hereby is empowerd to extend the 
Commission which has been granted to Commissioners to 
receive & examine the Claims against the Estate of said 
Eliakim Hiitchinson so far, as to examine the aforemen- 
tioned demand of the said Edward Brinley & report to 
the said Judge of Probate. June 16, 1791. 



Chapter 58. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE 
GENERAL COURT, WITH DIRECTIONS TO THE TREASURER 
TO PAY THE SAME OUT OF MONIES UNAPPROPRIATED. 

Resolved, that there be allowed and paid out of the 
treasury of the Commonwealth, to each of the members 
of the Hon. Council, seven Shillings, per day, for each 
day's attendance, and a like sum for every ten miles 
travel ; To the meml^ers of the Hon. Senate, six Shillings 
& six jJence per day, for each day's attendance, and a like 
sum for every ten miles travel ; And to the members of 
the House of Representatives six Shillings per day, for 
each day's attendance, and a like sum for every ten miles 
travel. 



Eesolves, 1791. — May Session. 413 

And be it further resolved, that there be allowed & paid 
as above, to the Hon. Samuel Phillips Esqr. President of 
the Senate, and to the Hon. David Cobb Esqr. Speaker 
of the House of Representatives, j^z;e Shillings each for 
every days attendance, over and above their pay as mem- 
bers of the legislature as above stated. And that the 
Treasurer of the Common Wealth be and he hereby is 
directed and ordered to pay the Respective Members ac- 
cordingly out of any Money in the Treasury not already 
appropriated. Jane 16, 1791. 

Chapter 59. 

RESOLVE ON THE PETITION OF STEPHEN CLAP, DIRECTING 
THE TREASURER TO PAY THE SUM DUE TO HIM, AS A 
LIEUTENANT. 

On the Petition of Stephen Clap, shewing that the 
wages due to him from this Commonwealth have been 
drawn on a forged order, and praying for relief. 

Resolved that the said Steplien Clap be paid out of the 
Treasury of this Commonwealth the sum due to him for 
his service as a Lieutenant in a Regiment of artificers in 
the late Continental Army, in the same manner as others 
have heretofore been paid for like services ; the same having 
been drawn by a forged Order notwithstanding — and the 
Treasurer of the said Comonwealth is hereby directed to 
govern himself accordingly. June 16, 1791. 



Chapter 60. 

RESOLVE ON THE PETITION OF EDWARD PREBBLE, DIRECT- 
ING THE COMMITTEE ON ACCOUNTS TO CERTIFY THE SUM 
DUE TO ABRAHAM PREBBLE. 

On the petition of Edioard Prebble, Administrator on 
the Estate of Abraham Prebble, deceased. 

Whereas it appears l)y the Books of the Committee for 
Settle ing Army Accounts, that the Sum of £748,8 in 
Old Currency at thirty two & a half for one is due to the 
estate of the said Abraham Prebble, for his Services as a 
private in Colonel Tappers, Regiment, — in the Continental 
Army : 

Resolved that John Demming Esqr. be and he is hereby 
directed to Certifie to the Governour, & Council, the Sum 
due to said Abrahams heirs, in the same way & manner 



414 Eesolves, 1791. — May Session. 

as other Accounts of the same nature have been Certified 
any Resolve to the Contarary Notwithstanding. 

June 16, 1791. 



Chapter 61. 

RESOLVE ON THE PETITION OF WILLIAM WALKER, BONDSMAN 
TO CALEB HTDE, LATE SHERIFF OF THE COUNTY OF BERK- 
SHIRE, APPOINTING A COMMITTEE IN THE CASE. 

Upon the petition of William Walker- one of the Bonds- 
men of Caleb Hyde late Sheriff of the County of Berk- 
shire praying relief. 

Resolved that Saml. Lyman, Samuel Henshaw & Jus- 
tin My Esqrs. together with the Attorney General be a 
Committee & they are hereby fully authorised and im- 
powerd to receive from the said Caleb Hyde and all or 
any of his Bondsmen who are living and from the Admin- 
istrator of one of them who is deceased such sum and 
sums of money and such real or personal estate as by 
agreement with them or any of them they shall under all 
circumstances think it for the Interest of the Common 
wealth for them to accept and thereupon to agree with 
such of them against whom an action is now commenced 
upon said Bond to the Court of Common pleas to be 
holden at Boston in and for the County of Suffolk on the 
first Tuesday of Jidy next or any of them from whom 
they shall have reed, such sum of Money or estate that no 
Execution upon the Judgment that may be recoverd in 
that Action shall be served or levied upon them or their 
estates — and to agree with those who are not sued in that 
action from whom they shall receive such sum of money 
or estate, that no action shall be commenced against them 
upon said Bond — said Committee to take proper deeds 
for the transferring & conveying such estates to this Com- 
mon wealth, and to be accountable for all personal Estate 
or money which they may receive. And the Attorney 
General is directed to enter said action & to continue it as 
long as may be necessary to compleating the business 
aforesd.,and to discontinue the same and to cancel & dis- 
charge said bond if said Committee shall effect a Compro- 
mise with said Hyde and all said Bonds men who are living 
& with the Administrator of the one who is deceased. 

June 17, 1791. 



Resolves, 1791. — May Session. 415 



Chapter 62, 

RESOLVE DETERMINING THE PAY OF THE LIEUTENANT GOV- 
ERNOUR, SECRETARY AND TREASURER. 

Resolved, That for one year from the last Wednesday 
of May last The sum of one hundred & sixty pounds in 
Specie, shall be the pay of the Lieutenant Governour 
and a proportionable Sum for a less Time, in full for his 
Service as Lieutenant Governour to be paid out of the 
Treasury of this Commonwealth, in quarterly payments 
as the same shall become due. 

Resolved, That there be allowed and paid out of the 
Public Treasury of this Commonwealth to the Secretary 
of the same John Avery jun. Esqr. the sum of tico hun- 
dred & fifty pounds, in full for his services from the first 
of June 1790 to the first day of June 1791. 

Resolved, That for one year from the twenty seventh 
day of Api'il last the sum of three hundred & fifty pounds 
shall be the pay of the Treasurer Alexander Hodgdon 
Esq. and a proportionable sum for a less time, in full for 
his Services the present year as Treasurer of this Com- 
monwealth, to be paid out of the Treasury thereof, in 
quarterly payments, as the same may become due. 

June 17, 1791. 



Chapter 63. 

RESOLVE ON THE PETITION OF JOHN CRUMETT, DIRECTING 
THE COMMITTEE FOR METHODIZING ACCOUNTS TO CERTIFY 
THE WAGES DUE TO JAMES TIBBIT, A SOLDIER. 

On the Petition of John Crumett praying that he May 
Receive the wages of James Tibbet a Soldier in Colo. 
Smith's Regiment who Died in the public Service JS^o- 
vember 7, 1777 which wages have Not hitherto been paid. 

Resolved that the Committee for Methodizing the publick 
accounts be and they are hereby Directed to Certify to the 
Governour & Council, the wages Due to the said James 
Tibbit Soldier in Colo. Smith's Regiment of the late Con- 
tinental Army, the same to be paid in the manner other 
Soldiers have been paid under like Circumstances, and 
that the Same be Charged to the United States. 

June 17, 1791. 



416 Resolves, 1791. — May Session. 



Chapter 64. 

RESOLVE ON THE PETITION OF SAMUEL THWING AND JAMES 
FOSTER, ESTABLISHING THEIR PAY. 

On the memorial of Samuel Thiuing and James Foster, 
l)raying that an establishment may be made to them by 
the General Court for their Services in Settling the late 
Treasurer Ivers Books & Accounts. 

Resolved that there be alowed to the said Samuel 
Thwing & James Foster at the rate of yiine shillings 
pr. Day to each of them for the time they have l)een 
employed in the said Business respectively. 

June 17, 1791. 



Chapter (55. 

RESOLVE ON THE REPORT OF THE COMMITTEE APPOINTED TO 
SELL CERTAIN WESTERN LAND TO SAMUEL OGDEN. 

On the report of the Conimittee appointed by the general 
court on the 8th day of March last, with authority to sell 
& convey to Sam^iel Ogden Esqr., his heirs & assigns, 
the right of pre-emption, & other the title & interest of 
the Commonwealth to that part of the lands lying in the 
state of JSTew- York, the right of pre-emption whereof the 
said state of JSTew-York had ceded to this Commonwealth, 
& which had not been by them before otherwise ceded or 
granted. 

Resolved, That the same be, & hereby is approved, & 
that the several papers described in the said report, and 
accompanying the said Report after the same shall have 
been recorded in the Secretary's office of this Common- 
wealth, be deposited in the Treasurer's office of the Com- 
monwealth, to l)e put on file with the other papers there 
already deposited relative to the same subject. 

J\me 17, 1791. 

Chapter 66. 

RESOLVE GRANTING TO WILLIAM COBB, EXECUTOR TO THE 
LAST WILL OF SAMUEL COBB, £.13 13 2, FOR HIS SERVICES 
AS AGENT TO THE ESTATE OF WILLIAM TYNG. 

Resolved that there l)c allowed and paid out of the 
Treasury of this Commonwealth to William Cohb Execu- 
tor to the Last will and Testament of Saml. Cobb Late 



Resolves, 1791. — May Session. 417 

of Falmouth in the County of Cumberland Deceas'd the 
Sum of thirteen pounds thirteen shillings & two jience in 
Full of the account of the aforsaid Saml. Oohb for his 
Services as agent to the Estate of William Tyng Esqr. 
an Absentee. j^ne 17,1791. 



Chapter 67. 

RESOLVE ON THE PETITION OF SUNDRY INHABITANTS OF 
VINALHAVEN, RESPECTING THEIR LANDS. 

On the petition of sundry inhabitants of the town of 
Vinalhaven in the County of Hancock praying that meas- 
ures may be taiven to oblige the delinquent settlers of 
said town to pay their proportionable part of the sums 
specified in a grant of March 1786, to quiet the said 
settlers in their respective lands & settlements. 

Resolved that unless the said delinquent settlers pay 
into the Treasury of this Commonwealth the sum of five 
dollars for every hundred acres they possess as specified 
in said grant, on or before the first day of October next, 
the Attorney General of this Commonwealth be, and he 
hereby is directed to take such legal measures for com- 
pelling payment of the aforesaid sums as shall appear 
necessary. 

And be it further Resolved, that as soon as a receipt 
from the Treasurer is produced by the said settlers to 
the Committee for the sale of eastern lands, proving that 
they have complied with the conditions of the said grant, 
that the said Conmiittee be, and they are hereby author- 
ized & directed to execute such good and sufficient deed 
of the lands granted to the settlers of the town of Vinal- 
haven, as will secure to them, their heirs and assigns the 
full possession of the lands aforesaid. June 17, 1791. 



Chapter 68. 

RESOLVE ON THE PETITION OF WILLIAM BILLINGS IN BEHALF 
OF SAMUEL BOLTfVOOD, EXTENDING A RESOLVE PASSED 
8th OF MARCH LAST, FIVE MONTHS FROM THE TIME OF PASS- 
ING THE SAME. 

On the representation of Wm. Billiiigs, in behalf of 
Samuel Boltwood. 

Resolved That the Resolution which passed on the 
eighth Day of March last, permitting the said Samuel 
Boltwood to pay a certain fine to the Sherifl^ of the 



418 Resolves, 1791. — May Session. 

County of Hampshire in the consolidated Notes of this 
commonwealth within three months from passing the 
same, be, & the said Kesohition is hereby extended to 
the term of five months from the time of passing the 
same Resolve, any thing therein to the contrary notwith- 
standing. June IS, 1791. 

Chapter 69. 

RESOLVE ON THE PETITION OF NATHANIEL FISHER, OF 
DIGHTON, APPOINTING A COMMITTEE OF BOTH HOUSES TO 
APPRAISE THE LAND MENTIONED. 

On the petition of Nathaniel Fisher of Dighton Pray- 
ing for the Appointment of a Committe agreeable to 
a Resolve of the Genrl. Court of this Common Welth 
passed the 25tli Day oi Ajyrl. 1771, For the appraisment 
of certain Lands granted to William Bullock & others in 
said Petition mentioned. 

Resolved that the prayer of sd. Fisher be granted and 
that Elijah Dwight Esq. Capt. Daniel Brown & Nathel. 
Bishop Esqr. be a Committee to view & appraize the 
aforesaid Land of the sd. Petitioner lying adjoining the 
Township oi Addams. June 18, 1791. 

Chapter 70. 

RESOLVE AUTHORIZING THE HONORABLE THOMAS DAWES, TO 
MAKE NECESSARY REPAIRS TO THE STATE HOUSE AND LAY 
HIS ACCOUNTS BEFORE THE GOVERNOR AND COUNCIL. 

Resolved That Thos. Dawes Esq. be & he is hereby 
authorized & directed to make such repairs as are neces- 
sary on the State House, & lay his accounts l)efore the 
Governour & Council for Examination & allowance. 

June 18, 1791. 

Chapter 71. 

RESOLVE GRANTING £.500 TO BE ASSESSED ON THE POLLS 
AND ESTATES OF THE INHABITANTS OF THE COUNTY OF 
HANCOCK, TO DEFRAY THE NECESSARY CHARGES OF SAID 
COUNTY. 

Whereas it appears by the representation of the Jus- 
tices of the Court of General Sessions of the peace of 
the County of Hancoclx that the Sura of Five hundred 
Pounds is necessarj" to discharge the expences of Said 
County the present year : 



Resolves, 1791. — May Session. 419 

Resolved that there be & there hereby is granted a tax 
of Five hundred Pounds to be assessed on the polls & 
Estates of the inhabitants of the County aforesaid to be 
apportioned, assessed, collected and applied to the use of 
said County according to the Laws of this Commonwealth 
to defray the necessary Charges thereof the Current Year. 

June 18, 1791. 



Chapter 73. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF WASHINGTON, AND GRANTING A TAX. 

Whereas the Treasurer of the County of Washington, 
has laid his Accounts before the Genl. Court in Manner 
by Law prescribed, which Accounts are hereby allowed 
— And whereas the Clerk of the Court of the Genl. Ses- 
sions of the Peace for the said County has laid before the 
Genl. Court an Estimate made by the Court of Genl. 
Sessions of the Peace, of the necessary charges likely to 
arise within said County the Current Year amounting to 
Ninety Eight pounds one shilling & sixpence : 

Resolved that the Sum of Ninety Eight pounds one 
shilling & sixpence be & hereby is granted as a Tax for 
the said County of Washington to be apportioned assessed, 
collected and applied in manner agreeably to law. 

June 18, 1791. 



Chapter 73. 

RESOLVE ON THE PETITION OF ANNA DYER, DIRECTING JOEN 
DEMING, ESQ. TO CERTIFY THE BALANCE DUE TO JUDA DYER, 
HER LATE HUSBAND. 

On the Petition [o/] Anna Dyer, praying for the Wages 
of Juda Dyer her late Husband (deceased) a Soldier in 
Col. Shepards Regiment. 

Resolved, that John Deming, Esq. be, and he hereby 
is directed, to certify to the Governor and Council, the 
balance due to the said Juda (being the Sum of one 
Pound, fourteen shillings) in the same way and manner, 
as such balances have heretofore been certified ; and that 
the said Anna l)e entitled to receive the same accordingly 
any Law or resolve to the contrary notwithstanding. 

June 18, 1791. 



420 Resolves, 1791. — May Session. 



Chapter 74. 

RESOLVE ON THE PETITION OF DAVID SMEAD, ESQ. DIS- 
CHARGING THE TOWN CLERK OF GREENFIELD FROM THE 
FINE ALLUDED TO IN HIS PETITION, 

On the petition oi David Smead Esqr. in behalf of the 
town of Greenfield. 

Resolved, for reasons set forth in sd. petition, That the 
prayer thereof be granted, & that the Clerk of said Town, 
be not prosecuted, for neglecting to return the Votes 
of said Town, for Governor, Lieutenant Governor & 
Senators, for the year 1790; & the Attorney General is 
to govern himself accordingly. June 18, 1791. 

Chapter 75. 

RESOLVE ON THE PETITION OF JOSEPH HENDERSON, ESQ. LATE 
SHERIFF FOR SUFFOLK COUNTY, ALLOWING HIM TWELVE 
MONTHS TO MAKE CERTAIN PAYMENTS. 

On the Petition of Joseph Henderson late Sheriff of the 
County of Suffolk for Eeasons set forth in said Petition. 

Resolved That the said Joseph Henderson be and he 
hereby is allowed the Term of twelve Months from the 
Date of this Resolve to make Payment of the sum of 
Ninety Pounds eight shillings in specie, six hundred and 
seventy six Pounds & eight pence in Army Notes & Two 
hundred and seventy two Pounds nineteen shillings and ten 
pence in Indents, due from the said Sheriff on an Execu- 
tion committed to one Samuel Mellish late a Deputy 
Sheriff under said Henderson — and the Treasurer of this 
CommonAvealth is hereby directed to govern himself 
accordingly. June 18, 1791. 

Chapter 76. 

RESOLVE ALLOWING THE ACCOUNTS OF THE GUARDIANS OF 
THE CATHEAD INDIANS. 

Whereas James Athearn & Simon Ilayhew Jun. two 
of the Guardians of the Indians at Gay Head have ex- 
hibited their accounts of Guardianship & their appearing 
on a settlement of said Accounts to be due from said 
Guardians Seventeen pounds & nine pence: 

Resolved, That said Accounts be allowed, and that the 
balance remaining in the hands of the Guardians be 
accounted for by them in a future settlement. 

June 18, 1791. 



Resolves, 1791. — May Session. 421 



Chapter 77. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF SHELBURNE, DISCHARGING THEM FROM ANY FINE, FOR 
THE NEGLECT MENTIONED. 

On the Petition of the Selectmen of the Town of Shel- 
hurne Preying that their Town May be Exculpated from 
Paying a Fine for their Neglect of Returning their Votes 
for Gove[?']nour Lieut. Gove[?"]nour & Senators for the 
Year 1790 for Reasons set fourth in their Petition. 

Resolved that the Prayer of their Petition be Granted 
and that the Town clerk of Shelburne be and he herel)y is 
acquieted and Discharged from any Fine for said Neglect, 
and the Attorney General is hereby Directed to stay any 
Prosecution against the Town Clerk of said Town if any 
is commenc[e]d, if otherwise not to commenc[e] any Suite 
against said Town Clerk for said Neglect, the said Town 
Clerk Paying all Cost that ^lay already have arisen, in 
consequence of the said neglect. June 18, 1791. 

Chapter 78. 

RESOLVE GRANTING £.30, TO THE CLERKS OF BOTH HOUSES. 

Resolved That there be allowed & paid out of the public 
Treasury to Samuel Cooper Esqr. Clerk of the Senate, 
thirty pounds — and to George R. Minot Esqr. Clerk of 
the House of Representatives, thirty pounds, on account 
of their Services as Clerks aforesaid for the present year 
— They to be accountable for the same respectively. 

June IS, 1791. 

Chapter 79. 

RESOLVE GRANTING TO JACOB KUHN, £.24, TO PURCHASE 
FUEL, &c. 

Resolved that there be paid t)ut of the Treasury of this 
Commonwealth, the sum of Twenty four pounds to Jacob 
Kuhn Messenger to the General Court, to enable him to 
purchase full and candles for their use — the said Kuhn 
to be accountable for the expenditure of the same. 

Jane 18, 1791. 



422 Kesolves, 1791. — May Session. 



Chapter 80. 

RESOLVE MAKING AN EXTRA GRANT TO THE COMMITTEE AP- 
POINTED TO EXAMINE AND PASS ON PUBLIC ACCOUNTS. 

Resolved, that there be allowed, and paid out of the 
Public Treasury, in the same manner the Members of 
the General Court are paid for their Travel and attendance 
the present session, to the Committee appointed to examine 
and pass on the Public Accounts the following sums, vizt. 
To the Honorable Joseph Hosmer Esqr. StepJien Medcalf 
Esqr. Ephraim Fitch Esqr. & Benjamin Read Esqr. the 
sum of Twenty seven shillings each, in full for eighteen 
days attendance on the said business the present session : 
which sums are in full for their services respectively above 
their pay as meml)ers of the General Court. 

June 18, 1791. 



Chapter 81. 

RESOLVE ON THE PETITION OF SIMON FRYE, IN BEHALF OF 
THE TOWN OF FRYE BURG, DIRECTING THE TREASURER TO 
SUSPEND ISSUING EXECUTION AGAINST SAID TOWN FOR THE 
DEFICIENCY OF TAX NO. 6, FOR SIX MONTHS. 

On the Petition of /Simon Frye in behalf of the Town 
of Fryehurcj praying that a Warrant of Disstress may not 
immediately issue against sd. Town — for Reasons set 
forth in sd. petition. 

Resolved that the prayer thereof be so far granted that 
the Treasurer of this Commonwealth be & he hereby is 
directed to suspend issuing Execution against sd. Town 
for the deficiency of Tax No. 6 committed to Ezekiel 
Walker to collect, for the Term of six Months from the 
date of this Resolve any Law or Resolve of this Com- 
monwealth to the contrary notwithstanding. 

June 18, 1791. 



Cliapter 83. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF WALDO- 
BOROUGH, RELATIVE TO THEIR TAXES. 

On the petition of the Selectmen of the Town of 
Waldoborowjli praying for an Abatement of Taxes for 
reasons set forth in said petition. 



Resolves, 1791. — May Session. 423 

Resolved, That the Treasurer of this Commonwealth 
Credit the Town of Waldoborough Twenty five pounds 
on Tax No. 6 — 

It is further Resolved that the aforementioned sum be 
aliated to those persons who in the judgment of the Select- 
men of said Town shall be })roper Subjects of the same, 
it being the intention of this Court to relieve the distressed 
only.^ 

It is further resolved that the Treasurer Stay the Execu- 
tion against said Town on Tax No. 6 for three months 
from the passing this Kesolve. Jxme 18, 1791. 

Chapter 83. 

RESOLVE ON THE PETITION OF SARSON BELCHER AND JOHN 
LANGDON, DISCHARGING THEM OF £.35 3 4^. 

On the petition of Sarson Belcher & John Langdon. 

Resolved, That the said Sarson Belcher & John Langdon 
be and they are hereby discharged of a demand this Com- 
monwealth now have against them in consequence of their 
signing a Bond with James Yancy & Nathaniel Oudworth 
— Auctioneers to account for the duty on goods sold at 
Auction by said Yancy & Cudtvorth — for the sum of thirty 
five pounds three shillings & four pence ^ — provided the 
said Belcher & Langdon pay the expence of the prosecu- 
tion that has been commenced on the Bond aforesaid — 
and the Treasurer is hereby directed to Govern himself 
accordingly. June 18, 1791. 

Chapter 84. 

RESOLVE RESPECTING THE SETTLEMENT OF THE LATE TREAS- 
URER IVER'S ACCOUNT. AND ALLOWING 10s PER DAY TO 
MESSRS THWING AND FOSTER. 

Whereas it is necessary that the accounts of the late 
Treasurer Tliomas Ivers, be fully examined & settled : 

Resolved that Messrs Samuel Thiving & James Foster, 
now employed in examining & adjusting the accounts of 
the late Treasurer of this Common Wealth, be continued 
in said employment, untill the first Wednesday of the 
next session of the General Court, unless they shall sooiier 
accomplish the settlement of the same, &that each of them 
be allowed & paid in full for their services at the rate of 
ten shillings a day for the time they shall be engaged 
therein. June 18, 1791. 



424 Kesolves, 1791. — May Session. 



Chapter 85. 

RESOLVE ON THE TETITION OF JOHN LANE AND JOSEPH 
HEARD, ASSESSORS OF THE PLANTATION OF BROWN FIELD, 
AUTHORIZING THE TREASURER TO DISCHARGE SAID PLAN- 
TATION OF THE SUM OF £.238 17 7. 

On the Petition of John Lane and Joseph Heard Assess- 
ors of the Plantation of Brownfield. 

Resolved, that the Prayer of the Petition be so far 
Granted, that the Treasurer of tlie Commonwealth be, 
and he hereby is impowered and directed, to discharge 
the Said Plantation from the Payment, of the Sum of hvo 
Hundred and thirty Eight Pounds, Seventeen Shillings 
and Seven Pence, mentioned in the Petition, in the same 
manner and on the same Conditions, as he might have 
discharged the same Plantation from Payment, by Virtue 
of a Eesolve of the Genearal Court passed on the ninth 
Day of march in the Year of our Lord one thousand Seven 
Hundred & Ninety, in Case the Time Limited for per- 
forming the Conditions, Expressed in the same Eesolve, 
had- therein been Extended to the first Day of September 
Anno Domini one thousand Seven hundred and ninety one. 

June 18, 1791. 

Chapter 86. 

RESOLVE RESPECTING THE TREASURER'S CONSIDERING HIM- 
SELF AS UNDER SIMILAR DIRECTIONS, RELATING TO THE 
SPEEDY ENFORCING THE COLLECTION OF THE TAXES SUB- 
SEQUENT TO TAX NO. 6, WITH THOSE HE WAS DIRECTED 
TO OBSERVE, AND THAT LIKE EXPECTATIONS WILL BE HAD, 
TOUCHING HIS CONDUCT IN REGARD TO THE TAXES FIRST 
MENTIONED. 

Resolved, That the Treasurer, consider himself as under 
similar directions relating to the speedily enforcing the 
collection of the Taxes subsequent to Tax Number 6, with 
those which he was, by a Resolve of the General Court 
passed February 14th, 1781), directed to observe in en- 
forcing the i)ayment of the said Tax, No. G and that like 
expectations will be had touching his conduct in regard to 
the taxes first mentioned. June IS 1791. 



Chapter 87. 

RESOLVE DIRECTING THE TREASURER TO PAY TllE CIVIL LIST. 

Resolved that the Treasurer be and he hereby is 
directed to pay the Civil list, including the Ofiicers & 



Eesolyes, 1791. — May Session. 425 

Servants of Government, the Castle Rolls, & accounts 
of the Committee, and other the incidental charges of 
Government for the current year, out of the monies aris- 
ing from Lotteries, and the interest from the funded debt, 
and from such part of Tax No. eight, that is not already 
appropriated ; and in case there should not be suificient 
money in the Treasury for that purpose the said Treasurer 
is directed to pay the same out of the monies that have 
arisen or may arise from the sale of the eastern & western 
lands, and to replace the same from the first monies that 
shall come in from the unappropriated part of the said 
Lotteries — the interest arising from the funded debt, and 
Taxes No. eight and nine. June 18, 1791. 

Chapter SS, 

RESOLVE ON THE PETITION OF JABEZ JONES, GRANTING HIM 
£.44 DAMAGE, AND £.24 COST, AS A COMPENSATION FOR THE 
DAMAGES AND COSTS HE SUSTAINED IN PURCHASING AND 
DEFENDING A SMALL LOT OF LAND SOLD HIM BY THE COM- 
MONWEALTH. 

On the petition of Jahez Jones, praying for a compen- 
sation for the loss of a Lot of Land which has been sold 
him by the Commonwealth, & which he has been deprived 
of by Judgment of the Supream Judicial Court. 

Resolved, That the prayer of said petition be granted, 
and that there be allowed & paid out of the Treasury of 
this Commonwealth to the said Jabez the sum oi forty 
four pounds damage, & twenty four pounds Cost, as a 
Compensation for the damages, & Costs which he has sus- 
tained in purchasing, & defending a small Lot of Land in 
the Town of Falmouth, which was convey'd, & warranted 
to him in common with others, by the Committee of the 
general Court for the sale of the Estates of Absentees 
in the County of Cumberland ; & the Treasurer of this 
Commonwealth is hereby directed on receiving warrant 
therefor to pay said sum to the said Jones out of the first 
money that shall come into the Treasury from the public 
Taxes, not otherwise appropriated. June IS, 1791. 

Chapter 89. 

RESOLVE ON THE PETITION OF MAJOR GENERAL NEWELL, RE- 
QUESTING THE GOVERNOR TO ISSUE ORDERS FOR RAISING A 
COMPANY OF LIGHT INFANTRY IN AS HB URN HAM. 

On the Petition of Timothy JSfewell Major General of 
the seventh Division of Militia in this CommouAvealth — 



426 Resolves, 1791. — May Session. 



setting forth that a number of persons in the Town of 
Ashburnham, l)clonging to the fourth Kegiment in the 
Second Brigade in said Division, have agreed to form 
them selves into a Company of Light Infantry — & Pray- 
ing that Liberty be granted for raiseing & organizeing said 
Company. 

Resolved that his Excellency the Governor be, and he 
is hereby impowered and Kequested to Issue orders for 
forming a Compy. of Light Infantry in the Town of 
Ashburnham, (provided they do not reduce the stand- 
ing Company, or Companies of Militia in sd. ye Town to 
a less numl)er than Sixty privates of the Train band) the 
officers of said Light Infantry Company to be appointed 
&, Commissioned in the same way & manner as is pro- 
vided by Law for the appointing & Commissioning other 
Militia officers — Said Company when so formed to be 
under the Command of the Colonel or Commanding 
officer of the fourth Regiment of the Second Brigade in 
said Division. June 18, 1791. 

Chapter 90. 

IlESOLYE ON THE PETITION OF JOHN COOPER, APPOINTING A 
COMMITTEE TO LAY OUT 100 ACHES OF LAND TO EACH SET- 
TLER IN TOWNSHIP NO. 8, &c. 

On the petition of John Cooper as Agent for Township 
No. 8 in the County of Washington. 

Resolved, that for the reasons set forth in said peti- 
tion — Joltn Allan Esqr. and Messrs William Ramsdel 
& Benjamin Reynolds of Sowards JVeck — Lewis F. 
Delesdinear, of Fredeinch Island, and IMessrs James 
Cockrain, Joseph Clark and JSFalhl. Goddard of Moose 
Island all of said Township be and they arc hereby ap- 
))ointcd a Committee to survey and lay out at the expence 
of the Settlers within s;iid Township one iuuidred acres 
of land to each Settler — to include his improvements & 
not to interfere with any grants of the General Court 
heretofore made, and the said Committee are further em- 
powered to lay out four lots of three hundred and twenty 
acres each for i)ublic uses, in such parts of said Town- 
ship, as the said Conunittee, or a major part of them, 
shall determine most for the interest thereof — one for 
the first settled Minister — one for the use of the ministry 
& one for. the support of Schools, (which are hereby re- 
served for those purposes, and ap})r()priatcd accordingly) 
and one for the future disposition of government. — and 



Eesolves, 1791. — Mat Session. 427 

upon the report of said Committee or a major part of 
them, to the Committee for the sale of eastern lands 
accompanied with a plan of said lots and a Certificate of 
the Settlers having taken the oaths of allegiance before 
some Magistrate agreeably to Law — the said Committee 
for the sale of Eastern lands shall give said Inhabitants 
proi)er deeds of their lots, each settler who settled before 
the first day oi January 1784 — paying five dollars — and 
each other Settler in said Township paying ten dollars for 
the use of this Commonwealth. 

And it is further resolved that they shall be exempted 
from paying any State Taxes for the term of five years, 
from the date of this Resolve. June 18, 1791. 

Chapter 91. 

RESOLVE FOR CONTINUING COLLECTORS OF EXCISE NOW IN 
OFFICE, UNTIL FURTHER ORDER. 

Resolved That the Collectors of Excise now in ofiice 
under this Commonwealth be & they are hereby continued 
in their respective ofiices with full power & authority to 
do & perform all the duties by law required of Collectors 
of Excise untill the further order of the General Court, 
and that they take the most eflectual measures for com- 
pleating their collections. June 18, 1791. 

Chapter 9S. 

REPORT RESFECTING STATE POOR. — SECRETARY DIRECTED TO 
PUBLISH THIS ORDER. 

Ordered, that public Notice be & it is hereby given 
to each & every Corporation within this Commonwealth, 
who are disposed to Contract to Support the Whole, or 
any part of the poor of the Commonwealth, for ten years 
that they may present their proposals to the General 
Court, in Writing, on the Second Wednesday of the 
next Setting of the said Court ; that proper contracts may 
be entered into for the Suport of the said poor, with 
these Corporations (or their Agents duly Authorized for 
the purpose) whose proposals shall, in the Opinion of 
the Legislature, be most conducive to the Interest of the 
Commonwealth, & the Comfort of the said poor. 

And the Secretary of this Commonwealth is Directed, 
Immediately to publish the foregoing Order in Adamses 
Independent Choronical, three Weeks Successively. 

June 18, 1791. 



428 Kesolves, 1791. — May Session. 



Chapter 93. 

RESOLVE ON THE GOVERNOR'S MESSAGE, GRANTING £.300 TO 
AMASA DAVIS, ESQ., Q. M. G., TO ENABLE HIM TO CARRY INTO 
EFFECT THE ORDERS OF THE COMMANDER IN CHIEF. 

On the Message of His Excellency the Governor of 
this day, and the petition of the Quarter Master General, 
representing the necessity of his being furnished with the 
means necessary to carry into effect the orders of the 
Commander in chief for furnishing the artillery Com- 
panies with field pieces &c. 

Besolved that there be paid out of the public Treasury 
to Amasa Davis esq. Quarter Master General the sum of 
thire hundred pounds to enable him to comply with the 
orders of the Commander in chief for carrying into ex- 
ecution a Resolve of the Gen, Court of the 10th March 
last resp'g the duty of the Quarter Master General he to 
l)e accountable for the expenditure thereof — the said sum 
of tliree hundred j)ounds to be paid in the same way & 
manner as is provided by a Resolve passed this day for 
the payment of the Civil List &c. June 18, 1791. 

Chapter 94. 

RESOLVE GRANTING TO ELNATHAN JO.VES, £.6 5 11, DUE TO 
HIM FROM THE LATE BOARD OF WAR. 

Whereas there appears to be due to EhiatJian Jones 
from the Late Board of War, four hundred Seventij two 
pounds six shillings paper Currency, the Specie Value 
of which is six pounds. Jive shillings & Eleven pence: 

Resolved, That there be allowed & paid out of the 
Public Treasury to Elnathan, Jones Six pounds Jive shil- 
lings & Eleven pence in full for the Balance due to him as 
aforesaid — and John Deniing Es(p is directed to note on 
the Books of the late Board of War and in the page where 
said Jones's account is stated that the account aforesaid is 
settled by this resolution. Jmie 18, 1791. 

Chapter 95. 

RESOLVE APPOINTING THE HONOURABLE JOSEPH B. VARNUM, 
ESQ. TO EXAMINE AND LIQUIDATE ACCOUNTS OF THE COM- 
MISSARY OF PENSIONERS, TO RECEIVE THE VOUCHERS, AND 
DELIVER THEM TO JOHN DEMING, ESQ. &c. 

Resolved, That Joseph B. Varnum Esq. be and he 
hereby is authorized & empowered to examine and liqui- 



Resolves, 1791. — Mat Session. 429 

date the Accounts of John Lucas Esqr. Commissary of 
Pensioners, and to receive of said Commissary, his vouch- 
ers for money paid by him pursuant to his appointment 
and to report to the General Court at their next Session 
the state of said account. 

And it is further resolved, That the said Joseph B. Var- 
mnn be and he hereby is directed to deliver the vouchers 
he may receive of said Commissary to John Deming Esqr. 
who is directed to forward the same to Nathan Dane 
Esq. in order to support the Charges of this Common- 
wealth against the United States. June 18, 1701. 

Chapter 96. 

RESOLVE ON THE PETITION OF DANIEL POMEROT A^ND OTHERS, 
AUTHORIZING THE GOVERNOR AND COUNCIL TO EXAMINE 
THE PAY ROLL OF SAID POMEROT, AND M\KF. SUCH ALLOW- 
ANCE TO THE OFFICERS AND MEN BORNE THEREON, AS MAY 
APPEAR TO BE JUSTLY DUE. 

On the Petition of Daniel Pomeroy & others, praying 
for an allowance for Services in the Western Army in 
1778. 

Resolved, that the Honourable Council are hereby Im- 
powered to Examin[e] the pay Role Exhibited by the Said 
Pomroy, & make such allowance to him, & the other 
Officers & Soldiers born thereon, as shall appear to be 
Justly due, according to the Establishment of this State 
for the pay of Officers & Soldiers at the time the Said 
Service was preformed, any Law to the Contrary Notwith- 
standing. June 18, 1791. 

Chapter 96a.* 

ORDER ON THE PETITION OF THE TOWNS OF SHELBURNE, 
CHARLEMONT, HEATH & ROWE, RELATIVE TO A BRIDGE. 

On the petition of the towns of Shelburne, Gharlemont, 
Heath & Powe in the County of Hampshire, the Commit- 
tee having reported as their opinion that a bridge in the 
place mentioned in the petition is necessary, and that the 
gore of land mentioned in the petition whereon the bridge 
is to be built ought in justice to be annexed by an Act of 
the General Court to the towns of /Shelburne and Gharle- 
mont in the following manner, to wit, the southeasterly 
part thereof, extending to the middle of the said north 

* Not printed in previous editions. Taken from court record. 



430 Resolves, 1791. — May Session. 

river to be annexed to the town of Shelhurne and the 
northwest part of the same gore from the middle of the 
same river to be aimexed to the said town of Charlemont, 
& that the same towns of Shelburne & Charlemont ought 
to be enjoined by law forever to maintain the same bridge 
when erected in equal shares, that is, each of said towns 
to repair to the middle of the bridge & that the sum of 
forty pounds towards the expences of the building said 
bridge ought to be paid by the County of Hampshire — 
And that the several parties interested be duly notified to 
appear at the next session of the General Court to shew 
cause Avhy an Act should not be passed according to the 
tenor of their report : — 

The [re] fore Ordered that the County of Hampshire be 
notified by the petitioners, of the foregoing report by 
serving the Clerk of the Court of the General sessions of 
the peace within and for the same County with a copy 
thereof & of this order at or before the next term of the 
same Court, and that the towns of Shelhurne and Gliarle- 
mont be notified by the same petitioners by leaving a like 
copy with the clerks of the same towns respectively thirty 
days before the second Thursday of the next session of 
the General Court, and that the inhabitants living on said 
tract or gore of land mentioned in the petition be like- 
wise notified by serving each of them with a like copy or 
leaving such copy at their dwelling houses respectively 
fourteen days before the same second thursday to shew 
cause if any they have why a law of the Commonwealth 
should not be passed according to the tenor of the same 
report. June IS, 1791. 



Chapter 07. 

ROLL, No. 20. 

The committee on accounts having examined the ac- 
counts they now present ; Report that there is due to 
the Towns and persons hereafter mentioned the Sums Set 
against their names respectively which if allowed will be 
in full discharge of the said accounts to the date therein 
mentioned. 

No. 1. To the widow Abigail Lymnn find other Exec- 
utors to the Estate of Job Lyman late of York, Es(ir. 
Decsd. for Doctoring One Mrs. Amy and her Chihl, £. s. d. 
poor of the Commonwealth, in full, . . . . 7 17 2 



Eesolves, 1791. — May Session. 431 

No. 2. To Justus Dwight for supporting Agnis Thompson 

from the 1 of May 1790 to the first of May 1791 and £. s. d. 
for clothing in full, 15 12 

No. 3. To John Borland for supporting and transporting 
one Elias Scidmore to the State of Connecticut in full, 8 5 

No. 4. To the Town of Mendon for supporting one James 
Thompson one of the States poor from the first of Jara- 
?<ary to the first of J?iwe 1791, 6 8 11 

No. 5." To the Town of Greenfield for supporting John 
Baltis & family States poor from the first of March 
1790 to the first of March 1791 and in full for Doctor- 
ing, 13 11 2 

No. 6. To the Town of Edgertoji for sujipoi'ting one 
Robert Philips a foreignor from the 9th of December 
1790 to the 31 of May 1791 and* in full for Doctoring 
said Philips, . . 15 13 10 

No. 7. To Hezckiah Blanchard for hoarding one Thomas 
Oaks from the 26th of Ja?iy., to 9th of March 1791 States 
poor, 1 IG 

No. 8. To Josejih Twichel Guardian for the Natick In- 
dians for their support from the first of Jam/., 1790 to 
the first of Feby. 1791 & in full for his Trouble & 
Doctors Bill, . 28 9 6 

No. 9. To David Brown one of the coroners of the 
County of Bristol for taking an IiKiuisition on the Body 
of Poley Ayers a trainsant j^erson, . . , . . 2 14 6 

No. 10. To the Town of Portland for supporting one 
Mary Jones & her two Children forty five and a half 
weeks and paying for her j^assage to 8t. Johns & pro- 
visions, ... 18 7 

also to supporting Dudley Broadslreat one of the poor of 
the Commonwealth Seventy Eight weeks to the 23 of 
May 1791, 22 5 3 

No. 11. To the Town of Swansey for supporting one 
Penelope Awashonks States poor from the 6th of Jany., 
1790 to the first of April 17i)l Sixty five Aveeks and in 
full for Clothing, 7 15 6 

No. 12. To the Town of Kingston for supporting one 
Patiance Eobins one of the Poor of the commonwealth 
and for Clothing up to the 23d of May 1791 in full, .485 

No. 13. To John Oardfier Esqr. Sheriff of the County of 
Najitucket for Distributing precepts for the Choice of 
a fedei-al Representative for District of Bristoll Nan- 
tucket & Dukes County and returning the votes in full 
to the 21 may 1791, 9 

No. 14. To Johnson Motion Esqr. Sheriff of the County 
of York for distributing precejits and returning votes 
for a federal Representative for the Distric[i] of Main 
up to t/Mne 3d 1791 in full, 4 15 9 

No. 15. To Fitch Hall DepHy A Genl. 3d Division of 
Militia in full for his accent, from February 1st, 1790 
to the first of March 1791, 18 18 

No. 16. [To] Lazerus Qoodwin Brigade Major first Brd. 
8th Division for his services not allowed in his last 
accont (by order of court), 6 8 

No. 17. To Justin Eley Esqr. for services performed for 
the Commonwealth in 1785 & 86 allowed by a Resolve 
of Court in full, 4 10 



432 Resolves, 1791. — May Session. 

No. 18. To William Greenlcaf Jun. Brigade INIajor 2d 
Brd. 7th Division for services i)erformed from Jmie £. s. d. 
1789 to April 1791, 16 2 

No. 19. To the Town of New bedford for supporting one 
Ebenr. Shott poor of the commonwealth up to April 1st 
1791, 1 If) 

Also to tlie same Town for supporting one Mary Oreen- 
way from march 23d, 1790 to 1791 and for sundiy 
clothing in full 6 2 3 

No 20. To the Town of Richmond for boarding & Nurs- 
ing one Mehbl. Shiimian an aged person States poor 
from the fourth of Octr. 1790 to the 9th may 1791 and 
for sundrjr Clothing and Doctors Bill, . . . .12 15 

No. 21. To the Town of La7iesborough for Boarding 
Saml. Harrison & son States 'poor from the 7th of 
May 1790 to the 7th of May 1791 and in full for Cloth- 
ing, 29 16 1 

Short allowance to the same Town in the Setlement of 
their last account, 3156 

No. 22. To the Town of Northampton for supporting 
Mary Davis and her two Children from the first of 
i)ecr., 17»9 to the first of i¥orc/i 1791 — in full, . . 6 12 

No. 23. To Capt Saml. Laha for providing a Moses 
Boat for the use of Ransfords Island by Resolve of 
Court, 960 

to his salery for taking care of said Island from 25th Day 

of Jany., 1790 to the 25 April 1791 in full, . . . 16 13 4 

No. 24. To the Town of Chesterfield in full for board- 
in [g^] & Clothing two of the States poor up to the 15th 
of May 1791 {viz) John Kanady & Sarah Burden, . 20 10 

No. 25. To Thomas B. Wait Printer for printing for 

(Government from June 28th to Octr. 11 1790 in full, . 7 7 9 

No. 26. To the Town of Waljwle for Doctoring and 
Nursing one Peter Haley a sick person not an Inhabit- 
ant of that Town nor any Town in the Commonwealth 
from the fifth day of Ja7iy. to the 30 of March 1791, . 1117 4 

To the same Town for Doctoring and nursing one Mer- 
rick Nichols Transient person who was taken sick & 
Died in that Town, 1 18 

No. 27. To John Cooper Esqr. Sherrift" of the County of 
Washington for Distributing precepts and returning 
votes for a federal Representative for the District of 
Main to Jzme 6th, 1791, 24 13 4 

No. 28. To the Town of Westborough for supplys pro- 
vided for Joh7i Scudmore one of the States poor from 
the first of (/any., to the first of J?i?ze 1791, . . . 5 12 6 

No. 29. To Edmond Freeman for jjrinting for the com- 
monwealth from the twenty sixth of Febuary 1790 to 
the 30 of iV^oi-e7n6er folowing — in full, . . . . 1 12 6 

No. 30. To the Town of Richmond for supporting nurs- 
ing & Doctoring One Hans in his last sickness & for 
funeral Charges, 6 2 6 

No 31. To the Town of Shrewsbury for supporting 
Oeorge Filmores Family from March 1st, 1790 to March 
1st 1791 States poor, 15 10 

No. 32. To John S. Tyler for his services as Deputy Adj 
Genl. first Division Militia from the 12 Feby. to the 9th 
of June 1791 in full, 12 12 



Resolves, 1791. — May Session. 433 

No. 33. To the Town of Plymton for supporting Simon 

Brow and Hajinah Mitchel from 23 March 179U to 14th £ s. d. 
March 171)1 States poor in full, . . . . . 8 16 4 

No. 34. To the Town of Wi?isor for supjjorting Benja. 
sun & Wife States poor from the 17th Augicst 1789 to 
the 17th May 1791 and Doctors Bill in full, . . . 34 12 

No. 35. To Roger Storrs printer for printing for the 
commonwealth from 4th Feby., to the 20 of May 1790 
in full, 8 12 6 

No. 36 . To Jacob Mann for his Serv [i] ces as Brigd. Major 
2d Brigad. first Division of militia commonwealth from 
the first of Feby., 1790 to the first of Feby., 1791 in 
full, 18 7 

No. 37. To the Town of Easton for supporting one 
Abigail Hunneybrook a transient person when sick 
from the 20th of June 1790 to the 2d of May 1791 in 
full, 12 16 

No. 38. To Thomas Turner iov supporting Robert Griffin 
one of the States poor from the 30 of Octr. 1790 to the 
Eighth of Z>ecr., fol[Zj owing — in full,. . . . 1 15 1 

No. 39. To Jacob Kuhn for money expended by him 
for the purchase of Wood, Coal &c. for the General 
Court, over & above the sum of Tiventy four pounds 
paid him by the Treasurer joursuant to' a resolve passed 
June 24, 1790, 3 15 6 

No. 40. To Doctr. Willia^n Eustis for Doctoring the 
States poor in the Alms House from the 15th of May 
1790 to the 16th of May 1791 in full, . . . . 120 

No. 41. To the Town of Uxbridge for the Support of 

Betty Trijle for Febuary \, 1790 to June 6, 1791, . . 35 

No. 42. To Ezra Waldo Weld to printing for the Com- 
monwealtli from ilf«rc/i 9th to ifay fourth 1791 in full, 5 7 3 

No. 43. To the Town of Petersham for supporting Wil- 
liam Obrian and Any Obrian from the 20th of October 
1789 to the 8th Feby., 1791 and Doctors Bill States 
poor, 36 4 10 

No. 44. To the Town of Ashfield for supporting one 
Stej)he7i Orcut States poor from the 6th of Ajiril to 
18th of May 1791 and for Doctoring in full, . . . 3 15 7 

No. 45. To the Town of Boxboroughior supporting John 
Kanady & wife from the fifth of Feby. to the 4th of 
Jwie 1791 and for Doctoring, 10 10 

No. 46. To Doctor John Oreen of Worcle^ster to Doctor- 
ing Isaac Ostin a tra[?i]sient person from the 26th 
Deer. 1790 to the 18th Jany., 1791 in full, . . .16 2 
No. 47. To Lemuel Kollock for the Balance due to him 
for his time & expences prosecuting sundry persons 
by order of Government that trespas[s]ed on lands be- 
longing to the Commonwealth and for redeeming part 
of said Land, that had been sold for taxes — over and 
above the sum of two hundred pounds New Emission 
money advanced him by the Commonwealth May, 1781, 19 10 9 
No. 48. To the Town of Machias for supplys allbrded 
Sundry States poor from the Eighth of May to the 29th 

of November 1790, 11 19 

To the Same Town for supply aftbrded to sundry States 
poor from the 80 of Novr., 1790 to the 21 May 1791 and 
Doctors bill in full, 8 16 5 



434 Resolves, 1791. — May Session. 

No. 49. To the Town of Malborough for supj^orting 

Josej)h Waters States poor from the LS of Deer. 1790 to £ s. d. 
the first of June 1791 and Doctors liill, . . . .832 

No 50. To Nancy Learned for supporting one Jack 
Willis a negro not an Inhabitant of this common- 
wealth from'the 26th of Feby. 1790 to the 9th of April 
fo][qowingin full, . • 3 3 

To Doctor Eatons Bill for Doctoring the Same person 

the same time in full, . . . . . . . 1 10 

No. 61. \_To] Simon Stow in full for money paid by him 
as Agent on the Estate of Henry Barnes an a))sentee, 
for Witnesses &c., and for supporting a negro Woman 
belonging to said Estate, and for his time attending to 
the buisiness, and for all demands against the Common- 
wealth in consequence of said Agency & for his time 
and expence selling the land belonging to the Com- 
monwealth late the property of Edward Barnes, . . 35 17 6 

No. 52. To the Town of Partridgeficld for supporting 
Mary Cace States poor to the fifteenth of March 1791 
in full, 6 12 

No. 53. To Houghton and Curtice for the Enterment of 
simdry persons strangers not Inhabitants of this com- 
monwealth from April 17th, 1790 to may 1st, 1791 in 
full, 20 17 

No. 54. To Mary Cutter for su^Ji^orting a Child States 
poor from the 28th of Feby. to the 25th of May 1791 
and for Clothing in full, 1 19 

No. 55. To the Town of Oeorgetown for sui^porting John 
Lyns & partrick Lynch two of the States poor from the 
Sth of December 1789 to the 25th of May 1791 and for 
Clothing in full, 63 5 

No. 56. To the Town of Abington for supporting one 
Moses a Negro man who was Taken sick and died in 
said Town ; from the 9th of March 1789 to the first of 
Feby. 1791 and forfunei-al Charges States poor in full 
of tiieir account, 23 3 3 

No. 57. To the Town of Boston for the Support of the 
poor of the Commonwealth in the Alms House from 
March I, to Jtme 1 1791, 460 15 11 

No. 58. To Samuel Whitwell, overseer of the Alms 
House in Boston for the usual allowance made to said 
overseer for attending to the Poor of the Common- 
wealth, from March 1, to June 1, 1791, . . . . 40 7 4 

No. 59. To the Honble. Samuel Phillips for his time & 
Expences, attending to the Sale of the Western Lands 
to Alessrs. Morris & Ogden, 7 4 8 

No 60. To Nathaniel Wells Estj. for his time & Ex- 
pences on the same buisiness, 11 18 

No. 61. To David Cobb Esq. for his time & expences on 

the .same buisiness, 6 12 

No 62. To Thomas Davis for his time & Expences on 
the same buisiness, 8 8 

No. 63. To Thomas Walcut for Copying deeds &e. by 
direction of the Committee for the Sale of the Western 
Lands, 1 10 

'I'o David Morey for the same Service, . . . .10 

To Edward McLa7ie, Samuel Colesworthy & Jonathan 

Ooddard 20.s. each for the same Service, . . .300 



Resolves, 1791. — May Session. 435 

No. 64. To Jeremiah Bulfinch for horse hire, his time & 

expences going express from Boston to Wells after 

Nathaniel Wells Esq. to attend at Boston in order to 

compleat the Contract made with Samuel Ogden for £ s. d. 

the Sale of the Western Land, ,'j 13 2 

No. 65. To the Town of Boston for the Board of Snndry 

persons, that were deducted from the former Accounts 

exhibited by the Select Men but on further enquiiy a 

numbe[r] of the persons deducted appears to be the 

l^oor of the Commonwealth, 353 2 8 



£.1818 10 6 
Deduct 28 9 6 



1790 1 

^ Resolved that his Excellency the Governour, with ad- 
vice of Council, l)e and he hereby is requested to Issue 
his Warrant on the Treasury for the payment of the sev- 
eral persons & Towns borne on this roll, the sums set 
against the names of such persons & Towns respectively 
except the sum of tioenty eight pounds nine shillings & 
sixpence reported in favor oi Joseph Twitchell pr. account 
Numlier 8, in the foregoing Roll amounting in the whole to 
one thousand seven hundred & Ninety pounds one shilling 
provided. That the Treasurer be & is hereby directed to 
discount with Lemuel Kollock the sum that is allowed to 
him out of any Balance due from said Kollock to the Com- 
monwealth, for money received by him & for which he 
was to account. June IS, 1791. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS: 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-FIFTH DAY 
OF MAY, ANNO D03IINI, 1791; AND FROM THENCE 
CONTINUED BY ADJOURNMENT, TO WEDNESDAY THE 
ELEVENTH DAY OF JANUABY FOLLOWING. 



1791. _ January Session. 
Chapter 1. 

RESOLVE CONTINUING IN FORCE THE RESOLVES GRANTING 
BOUNTIES ON HEMP UNTIL JULY, 1793. 

Resolved that The Bounties granted by the Resolves of 
the 8th of Novemher 1786 and 28th March 1788, for 
raising Hemp, be and the same are hereby continued, 
untilUhe 1st July 1793. Jum 18, 1791. 



Chapter 3. 

RESOLVE REQUESTING THE GOVERNOR AND COUNCIL TO EX- 
AMINE THE ACCOUNTS OF NATHAN DANE, ESQ. &c. 

Resolved, That his Excellency the Governor with the 
advice of Council be and he hereby is authorized to 
examine the accounts of Nathan Dane Escjr. for his 
services as agent of this State for supporting the claims 
thereof against the United States — and to draw a warrent 
or warrents on the Treasurer of the Commonwealth for 
the balance that may from time to time be due to said 
Asent for his services as aforesaid. January 12, 1792. 



438 Resolves, 1791. — January Session. 



Chapter 3. 

RESOLVE ON THE PETITION OF THE TOWN OF HARVARD, 
ABATING SAId TOWN A FINE OF £15. 

On the Petition of the Town of Harvard. 

Resolved, that for the reasons set forth in the said 
Petition, the Treasurer of this Commonwealth be and he 
hereby is directed to credit the Town of Harvard the Sum 
of Fifteen pounds set on the said Town for not sending a 
Representative to the General Court the last Year. 

January 13, 1792. 

Chapter 4. 

RESOLVE ON THE PETITION OF THE TOWN OF VASSALBOROUGH, 
ABATING SAID TOWN £.19 FOR NEGLECTING TO SEND A REP- 
RESENTATIVE TO THE GENERAL COURT. 

On the petetion of the Select-Men of the Town of Vas- 
salborough praying for the Abatement of a Fine charged 
against said town for not Sendino- a Representative in the 
year 1788. 

Resolved for reasons set forth in said Petetion, That 
the Treasurer of this Commonwealth be, and he liere])y is 
directed to credit the said Town the Sum of Nineteen 
pounds, charged against said Town in Tax No. Seven as 
a fine for not sending a Representative to the General 
Court in the year 1788. January 13, 1792. 

Chapter 5. 

RESOLVE ON THE PETITION OF SAMUEL LA MPS OiV, AUTHORIZING 
TWO JUSTICES OF THE PEACE TO LICENCE HIM AS AN INN- 
HOLDER IN WESTON. 

On the petition of Samuel Lampson of Weston in the 
County oi Middlesix praying that two Justices of the peace, 
may l)e impowered to Licence him as an in [?2] holder. 

Resolved for Reasons set forth in said petition that any 
two Justices of the peace within sai<l County ([uorum unus 
be and they are her [e] by authorised and impowered to 
Licence the said Samuel as an in [;i] holder untill the Next 
term insuing for granting Licences in said County lie the 
said Samuel Complying with the Requisitions of Law 
which Respect Licensing in [ri] holders ; any act or Re- 
sol v[e] to the Cont[r']ary Not with standing. 

January 14, 1792. 



Resolves, 1791. — January Session. 439 



Chapter 6. 

RESOLVE APrOINTING A COMMITTEE TO SETTLE ALL DEMANDS 
AGAINST WILLIAM GREENLEAF, LATE SHERIFF OF WORCES- 
TER COUNTY. 

Resolved, That Dwight Foster & Daniel Bhjelow 
Esqrs. with the Attorney General be a committee with 
full powers to settle, adjust & conclude in such manner 
as they shall think [)i'oper all the claims & demands which 
this Common Wealth now have against William Greenleaf 
oi Lancaster late Sheriff of the County of Worcester, or 
his bondsmen for the faithful performence of his duty in 
that Office ; & also in behalf & in the name of this Com- 
mon Wealth to make, seal & execute all necessary convey- 
ances, acquittances & releases & receive all assignments, 
deeds or other papers, that shall be requisite to the 
finishing & final settlement of said claims & demands. 

January 14, 1792. 

Chapter 7. 

RESOLVE ON THE PETITION OF ELISHA PORTER, ESQ. SHERIFF 
OF HAMPSHIRE COUNTY. 

On the Petition of Elisha Porter Escjr. Sherifi' of the 
County of Hampshire praying for lil)erty to }iay in to the 
Treasury the balance due from him on several executions 
for collecting of taxes prior to tax No. 6. 

Resolved, That for Reasons set forth in said Petition [s], 
the said Elisha Porter Esqr. be & he hereby is allowed, 
the Term of five months from the date of this Kesolve, 
for collecting & paying into the Treasury the aforesaid 
balance due from him amounting to five hundred & sixty 
nine Pounds fourteen sJiillings & four pence | to l)c paid 
in the Consolidated Notes of this Conmionwealth, com- 
puting the Interest that may be due thereon at the time 
affixed for payment. January 14, 1792. 



Chapter 8. 

RESOLVE ON THE PETITION OF JOSEPH FOBES. 

On the Petition of Joseph Fobes, praying that he may 
be Licenced as a Retailer in the Town of Oakham in ye 
County of Worcester . 



440 Resolves, 1791. — January Session. 

Resolved, for Eeasons set forth in stiid Petition, that 
ye prayer thereof be Granted, and that any two Justices 
of ye peace, within and for ye said County Quorum Units, 
be, and they herel)y are. Authorised and inipowercd to 
Grant a Licence to the said Joseph Fohes for that pur- 
pose, he Complying with ye directions of ye Law in that 
Case made and Provided. January 16, 1792. 

Chapter 9. 

RESOLVE ON THE PETITION OF THE REV. SAMUEL PARKER, 
D. D. DIRECTING THE COMMITTEE FOR SETTLING THE BOOKS 
AND ACCOUNTS OF THE LATE TREASURER IVERS, TO TAKE 
A NEW ACCOUNT OF THE PUBLIC PROPERTY, &c. 

On the Petition of Doer. Samuel Parker p]xecutor of 
the last Will &c. of Thomas Ivers Esq. late Treasurer 
of the Commonwealth deceased. 

Resolved that Samuel Thiving, and James Foster the 
Committe for set [<] ling the books and Accounts of the 
late Treasurer Ivers be and they hereby are authorized at 
the Expence of the Petitioner to take a new and accurate 
Account of the several kinds of public paper and Govern- 
ment Securities which w^ere in the Treasury at the Death 
of the late Treasurer Ivers, and Avhich now remain there, 
and to make report thereof to the General Court as soon 
as may Ije — and that the said Thwing and Foster be 
under Oath to the faithful discharge of the said Trust. 

January 16, 1792. 

Cliapter 10. 

RESOLVE ON THE PETITION OF TRISTRAM OILMAN. 

Upon the petition of Tristram Gihnan of North Yarmo. 
in the County of Cumberland Clerk praying to l)e im- 
powered to sell certain lands of which he is tenant by the 
Curtesy, to certain persons in pursuance of certain con- 
tracts made with them l)y him & his deceased wife in 
whom the fee of said lands was in her life time. 

Resolved that the said Tristram be and he hereby is 
fully authorised & imjiowered to sell & convey the lot of 
hind called Number three, & one sixth [)art of the k)t 
called Num))er two in the North division of Common lands 
in Wells in the County of York containing about one 
hundred & tAventy aci'es, also twenty acres part of the 



Resolves, 1791. — January Session. 441 

twenty six acres which the Honble. Joseph Sawyer Esqr. 
Father of the said Tristram's said deceased's wife purchased 
oi Peter Rich & situate in Wells aforesd. Also a moiety 
of about fifty acres of land in Wells which sd. Joseph 
Sawyer deed, bought of Richd. Walker, to the persons 
respectively to whom the said Tristram & his wife in her 
life time contracted to sell the same, Viz. the said one 
hundred & twenty acres to Joseph Gilpatrick of said Wells 
Yeoman, said twenty acres part of said twenty six acres 
to Abner Fish of said Wells Yeoman, & said moiety of 
said fifty acres or thereabouts of land, to Saml. Williams 
of said Wells Yeoman agreeal)le to the Contracts made 
with them respectively & to make & execute good & 
suflicient deeds to convey the same to them their heirs & 
assigns respectively in fee simple — The said Tristram 
first giving bond with suflicient sureties to the Judge of 
Probate for the County of Yo7'h in such sum as he shall 
direct conditioned to account with said eTudge for so much 
of the monies due by said Contracts as he the sd. Tristram 
has received since the decease of his said wife or may yet 
receive & to pay to her Children as they shall severally & 
respectively arrive to the age of twenty one years, their 
respective shares of the same. January 16, 1792. 



Chapter 11. 

RESOLVE GRANTING A TAX FOR THE COUNTY OF BARNSTABLE. 

Whereas the Treasurer of the County of Barnstable, has 
laid his Accounts before the General Court, in manner by 
Law prescribed, which Accounts are hereby allowed ; — 

And Whereas the Clerk of the Court of General Ses- 
sions of the peace for the said County of Barnstable, has 
laid before the General Court an Estimate made by the 
Court of General Sessions of the peace of the Necessary 
Charges which have Arisen in said County in the Year 
1791 — Amounting to the sum of 7\vo hundred & thirty 
one pounds : 

Resolved that the Sum of tivo hundred & Thirty one 
pounds be and is hereby Granted as a Tax for Said 
County of Barnstable, to be Apportioned, Assessed Col- 
lected & Applied in manner provided by Law. 

January 16, 1792. 



442 Resolves, 1791. — January Session. 



Chapter 13. 

RESOLVE ON THE PETITION OF NAmANIEL KNAP, AUTHORIZ- 
ING HIM TO SELL LAND. 

On the Petition oi Nathaniel luiap Administrator of 
Isaac Knaj) late of Salem deed. 

Resolved that the Petitioner have leave to sell a Lot 
of Land containing about Seventy five rods, lying- in 
/Salem, belonging to the Estate of the said Isaac Kiuqj 
deceased, the said Nathaniel giving bond with sufficient 
Surety to the Judge of Probate for the County of Essex 
to observe the Law in all things respecting the Sale of 
real Estates, and to pay out the net proceeds of the Sales 
thereof to the respective Heirs of said Estate, according 
to the Decree of the said Judge. January 17, 1792. 

Chapter 13. 

RESOLVE ON THE PETITION OF JONAS TEMPLE AND HIS WIFE, 
AUTHORIZING HIM TO SELL REAL ESTATE. 

On the petition of Jonas Temple & Zillah his Wife Ex- 
ecutors in her right to the last will & testament of Nathan 
How late of Slirewsbury in the County of Worcester deed, 
praying that they may be authorized to sell so much of 
the said deceased's Real Estate as shall be sufficient to 
raise the sum of one hundred & fifty Pounds to he applied 
towards the payment of the deceased's just debts for 
reasons mentioned. 

Resolved that the said Jonas Temple be and he hereby 
is fully authorized & impowered to make sale of so much 
of the said deceased's Keal Estate as shall be sufficient to 
raise the aforesaid sum of one hundred and fifty Pounds 
& in his said Capacity to make & execute a good deed or 
deeds of the same he the sd. Jonas observing the directions 
of the law relating to the sale of Real Estates by Executors 
& Administrators, & first giving Bond with sufficient sure- 
ties to the judge of Probate for the County of Worcester 
that the proceeds of the said Sale shall be applied to the 
])ayment of the said deceased's just del)ts — any Law to 
the Contrar}-^ notwithstanding. January 18, 1792. 

Chapter 14. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF HOLLISTON. 

On the Petition of the Inhal)itants of ye Town of Ilollis- 
ton Praying that they may be abated a Fine set to them 



Kesolves, 1791. — January Session. 443 

for not sending a Representative to ye General Court in 
the year ^ D 1790. 

Resolved, that for reasons set forth in sd. Petition the 
prayer thereof be granted, and that ye Treasurer of this 
Commonwealth be, and ho hereby is, directed to Credit 
the said Town of Holliston the Sum of Twelve pounds. 
Set on them as a Fine for not sending a Representative 
to the General Court as aforesaid. January IS, 1792. 



Chapter 15. 

RESOLVE GRANTING A TAX FOR THE COUNTY OF PLYMOUTH. 

Whereas the Treasurer of the County of Plymouth has 
laid his Accounts before the General Court, in manner by 
Law prescribed, which Accounts are hereby allowed ; — 

And Whereas the Clerk of the Court of General Sessions 
of the peace for said County of Plymouth, has laid before 
the General Court an Estimate made by the Court of 
General Sessions of the peace of the Necessary charges 
which have arisen in said County in the year 1791, 
Amounting to the Sum of Three Hundred &, fifty Pounds: 

Resolved that the Sum of Tltree hundred & fifty pounds 
be and is hereby granted as a Tax for said County of 
Plymouth to be Apportioned, Assessed, Collected, &, Ap- 
plied in manner provided by Law. January IS, 1702. 

Chapter 16. 

RESOLVE ON THE PETITION OF ABEL ALLYNE AND E. CHASE' 
ADMINISTRATORS OF THE ESTATE OF THOMAS CHASE, ESQ. 
DECEASED. 

Upon ye Petition of the Administrators on the Estate 
of Thomas Chase Esq. late of Bolton in the County of 

Worcester deceased praying that ye Judge of Probate for 
said County of Worcester may l)e em[)owered to appoint 
Commissioners to receive & examine the Claims upon said 
deceased's Estate for Reasons set forth in said Petition. 
Resolved that the Judge of Probate for said County of 

Worcester be & he hereby is authorised & empowered to 
extend the time granted to the former Commissioners or 
appoint new Commissioners to receive & examine the 
Claims of the Creditors upon said deceased's Estate for a 
term not less than one month nor more than three months 
from the date of his Order. January IS, 1792. 



444 Resolves, 1791. — Jantjary Session. 



Chapter 17. 

RESOLVE GRANTING A TAX TO BRISTOL COUNTY. 

Whereas the Treasurer of the County of Bristol has 
Uiid his Accounts before the General Court, in manner by 
Law prescri])ed ; which Accounts are hereby Allowed, — 

And Whereas the Clerk of the Court of General Ses- 
sions, of the peace for said County of Bristol, has laid 
before the General Court an Estimate made by the said 
Court, of the Necessary Charges, which are likely to arise 
in Said County, in the Current Year, Amounting to the 
Sum of Five Hundred pounds : 

Resolved that The Sum of Five hundred j^ounds, be 
and hereby is granted as a Tax for said County of Bristol, 
to be Apportioned, Assessed, Collected, and Applied in 
manner provided by Law. January IS, 1792. 

Chapter 18. 

RESOLVE GRANTING A TAX TO THE COUNTY OF YORK. 

Whereas the Clerk of the Court of General Sessions 
for the County of York has laid before the General Court 
an Estimate made by the Court of General Sessions of the 
peace of the Necessary charges which are likely to arise 
within said County the Current Year — Amounting to the 
Sum of TJn^ee Hundred pounds : 

Resolved that the Sum of Three Hundred pounds be 
and hereby is Granted as a Tax for the said County of 
York to be Apportioned, Assessed, Collected, and Applied 
in manner provided by Law. January 19, 1792. 

Chapter 19. 

RESOLVE GRANTING A TAX TO HAMPSHIRE COUNTY. 

Whereas the Treasurer, of the County of Hampshire, has 
laid his Accounts before the General Court in manner by 
Law prescribed, which Accounts are hereby Allowed — 

And Whereas the Clerk of the Court of General Ses- 
sions of the peace for the said County of Hampshire, has 
laid before the General Court an Estimate made by the 
Court of General Sessions of the peace, of the Necessary 
charges which are likely to arise in said County the Cur- 
rent year. Amounting to the Sum of Seven Hundred, and 
thirtij one pounds Seven Shillings and Fight ji^nce: 



Eesolves, 1791. — January Session. 445 



Resolved, that the Sum of Seven Hundred & thirly one 
jjounds, Seven Shillings, and Eight pence, be and is hereby 
Granted as a Tax for Said County of Hmnpshire, to lie 
A})portioned, Assessed, Collected, and applied in manner 
provided by Law. January 19, 1792. 

Chapter 20. 

RESOLVE ON THE PETITION OF JOHN BREWER, IN BEHALF OF 
THE WIDOW PIAL, AN INDIAN WOMAN, PROVIDING FOR HER 
SUPPORT. 

On the petition of John Breiver in behalf of the Widow 
Pial an Indian woman whose Husband was supposed to 
be murdered by some persons. Citizens of this Common- 
wealth in the year 1787, praying that some allowance 
may be made for her Support. 

Resolved, for reasons set forth in said Petition that the 
said John Brewer together with Simeon Fowler Esquire 
of Orrington in the County of Hancock be authorized & 
impowered, and' they are hereby authorized & impowered 
(for the space of twelve months from this time) to supply 
the said Widow Rial with such articles of Cloathing & 
food as they shall judge necessary for the subsistence of 
herself & the Child which she had 1)y her said deceased 
Husband — and that at the expiration of said Twelve 
months they render their account therefor to the Commit- 
tee on Accounts for this Commonwealth for Allowance — 

Provided However, that the sum to be expended by the 
said Brewer & Fowler for the purposes above-mentioned 
shall not exceed three shillings per Week during the time 
for which they are authorised as above. 

January 20, 1792. 

Cliapter 21. 

RESOLVE ON THE PETITION OF THOMAS DENNT, IN BEHALF OF 
THE TOWN OF LEICESTER, ABATING SAID TOWN £.32. 

On the Petition of Thomas Denny in behalf of the 
Town of I^eicester, praying that they may be abated tW'O 
several Fines set tf) them, for not sending a Representa- 
tive to the General Court for the years A D 1789 and 
1790. 

Resolved, that for reasons set forth, in sd. Petition, the 
pra3^er thereof be granted, and that ye Treasurer of this 
Commonwealth, be, and he hereb}' is directed to credit 



446 Resolves, 1791. — January Session. 

the said Town of^ Leicester the Sum of Thirty tivo jpouiids, 
being ye amount of the said two Fines set to them for not 
sending a liepresentative to the General Court as afore- 
said, any Law, or Eesolve to ye Contrary Notwithstand- 
ing. January 20, 1702. 



Chapter 32. 

RESOLVE ON THE REPRESENTATION OF THE TREASURER, DI- 
RECTING HIM TO CALL ON THE COMrTROLLER GENERAL 
AND NAVAL OFFICERS, TO SETTLE THEIR ACCOUNTS. 

Resolved That the Treasurer of this Conmionwealth be 
directed forthwith to call on the late Comptroller-General 
for a settlement of his Accounts as soon as may be and 
that the Treasurer receive from the said Comptroller- 
General all Bonds & other official Papers in his Hands 
agreably to an Act passed on the 18th day oi June last. 

And it is further Resolved That the Treasurer be di- 
rected immediately to call upon the several Naval Officers 
heretofore appointed within this Commonwealth, who have 
not as yet settled their Accounts, for a settlement ; and in 
Case of Neglect or refusal that the Treasurer be directed 
to commence & prosecute Suit or Suits at Law for the 
Recovery of the Balance or Balances due from them re- 
spectively. January 20, 1792. 

Chapter 33. 

RESOLVE ON THE PETITION OF DEBORAH GANNET, GRANTING 
HER £.34, FOR SERVICES IN THE CONTINENTAL ARMY. 

On the petition of Deborah Gannet, praying compen- 
sation for services performed in the late Army of the 
United States. 

Whereas it appears to this Court that the said Deborah 
Gannet inlisted, under the name of Robert Shirtlif in 
Captn, Webb's com]:)any, in the 4th Massifs. Regiment on 
May 20th 17.S2, and did actually perform the duty of a 
soldier in the late army of the United States to the 23rd 
Day of October 1783, for which she has received no com- 
pensation. And whereas it further appears that the said 
Deborah exhibited an extraordinary instance of female 
heroism 1)y discharging the duties of a faithful gallant 
soldier, and at the same time preserving the virtue & 
chastity of her sex unsuspected & unblemished, & was 



Resolves, 1791. — January Session. 447 

discharged from the service with a fair & honorable char- 
acter : 

Therefore Resolved That the treasurer of tliis Common- 
wealth be & he hereby is directed to issue his note to the 
said Deborah for the sum of Thirty four pounds bearing 
interest from October 23, 1783. January 20, 1792. 

Chapter 33a.* 

ORDER ON THE PETITION OF JOHN LANGDON ESQUIRE. 

Upon the petition of John Langdon esquire praying 
for licence to Imild a bridge from Kittery to his Ishind in 
Piscatiqua river and to have the ferry from said Island to 
Portsmouth. 

Ordered that the town of Kittery, and also Alexander 
Rice of said I\^ittery keeper of the ferry there be notified 
to appear, if they see cause, on the second Wednesday of 
the next session of the General Court, to shew cause if 
any they have Avhy the prayer of said petition should not 
be granted by the petitioner's leaving an attested copy of 
said petition and this order with the Clerk of said town, 
and also with the said Alexander Rice fourteen days before 
the said second Wednesday. January 20, 1702. 

Chapter 24. 

RESOLVE ON THE PETITION OF JOSEPH TWITCHELL, GUAR- 
DIAN TO THE NATICK INDIANS, GRANTING HIM £.28 9 6. 

On the Petition of Joseph Twitchell, praying that the 
Treasurer of this Commonwealth might be directed to 
pay Him those Accounts which have been examined and 
allowed by the standing Committee of Accounts. 

Whereas it appears by Roll No. 20. June 18, 1791, 
That the Committee on Accounts, having examined the 
Accounts they then presented — Reported that there was 
due to the Towns and Persons thereafter mentioned, the 
Sums set against their Names respectively ; which, if 
allowed, Avould be in full discharge of the said Accounts, 
to the Date therein mentioned ; which Report being ac- 
cepted, it was thereupon Resolved l)y the Legislature, 
that his Excellency the Governour, with the Advice of 
Council be, and he was thereby, requested to issue his 
warrant on the Treasury for the Payment of the several 



Not printed in previous editions. Taken from court record. 



448 Eesolves, 1791. — January Session. 

Persons and Towns borne on that Roll, the Suras set 
against the Names of such Persons and Towns respec- 
tively, "except the Sum of Twenty eight Pounds nine 
shillinr/fi and six j^^^^ce, reported in favour of Joseph 
Twitchell (the now Petitioner) as by the said Resolve, 
relation being thereunto had, will more fully a[)pear ; 

Now It is hereby Resolved That his Excellenc^^ the 
Governour be, and he hereby is, requested, with Advice 
of the Council, to issue his warrant on the Treasury of 
this Commonwealth, for the Payment of such Sum of 
. Twenty eight Pounds, nine shillings and six pence, in 
favour, and to the Use, of the said Joseph Twitchell. 

Jamiary 21, 1792. 

Chapter 25. 

RESOLVE ON THE PETITION OF FREDRICK WILLIAM GEYER. 

On the Petition of Fredrick William Geyer, represent- 
ing, that by a Resolve of the General Court of the State 
oi Massachusetts, passed the 17th Day oi April 1780, the 
then Agent of the Estate of the said Geyer was em- 
powered and directed, in behalf of the said State, to 
deliver to Nathan Frazier seizen and possession of the 
said Geyer' s Real Estate, for the purposes, and on the 
conditions in the said Resolve expressed, and directing 
the said Frazier to pay the surplus Monies into the public 
Treasury, and praying that the surplus money aforesaid 
may be demanded and received by the said Geyer. For 
reasons set forth in the said Petition 

Resolved, that the prayer thereof be granted ; and that 
the said Fredrick William Geyer, be, and he hereby is 
cmpoAvered to demand and receive, in his own name, and 
to his own use, of the said Nathan Frazier all the Monies 
remaining in his hands arising from the Sale of the said 
Geyer's Real Estate aforesaid, over and above the sum 
appropriated in the Resolve of the General Court first 
mentioned. 

And it is further Resolved, that upon the said Frazier's 
paying to the said Geyer the said surplus Monies, a certain 
Bond given by the said Frazier to the Treasurer of this 
Commonwealth, of the penalty of Tii:o thousand pounds 
sterling Money, be, and hereby is rendered null and void, 
and the Treasurer is directed to cancel the said Bond 
accordingly. January 21, 1792. 



Resolves, 1791. — January Session. 449 



Chapter 36. 

RESOLVE ON THE PETITION OF JOSEPH ADAMS AND WILLIAM 
TORRET, IN BEHALF OF THE FIRST PARISH IN MENDON. 

On the Petition of Joseph Adams and William Torrey 
in tlie behalf of the first parish in the Town of Mention 
praying- for a confirmation of the doings of said parish. 

Resolved, for Reasons in said Petition set forth, tliat 
the proceedings of tlie said Parisli at a Meeting of the 
Inhabitants tliereof in said Mendon on tlie thirteenth day 
of June last past be and herel^y are declared good & 
valid as 'though the said Meeting had been holden in the 
Months of March or Ajwil last past so far as it respects 
the choice of parish Officers ; and the said parish Officers 
and each of them chosen at the said Meeting be and 
hereby are invested with full and ample powers to do 
and transact all the Matters and things belonging to them 
in their respective Offices, in the same Manner as though 
the said Meeting had been holden & the said Officers 
had been chosen in the Months of 31arch or April last 
past, any Law or usage to the contrary notwithstanding. 

January 21,' 1792. 



Chapter 36a.* 

ORDER ON THE PETITION OF WILLIAM PRATT AND POLLY- 
CARPUS EDSON, RELATIVE TO ERECTING A DAM ACROSS 
TAUNTON GREAT RIVER, AT A PLACE CALLED TITICUT 
FALLS. 

On the petition of William Pratt and Pollycarjms 
Edson praying for liberty to erect a dam or dams across 
Taunton great river at a place called Titicut falls in said 
river for the purpose of building mills. 

Ordered that Elisha May, Josiah Dean and Ebenezer 
Washburn esquires be a Committee to repair to and view 
the premises at the expence of the petitioners on the 
tenth day of April next, and that the petitioners notify 
the towns of Bridgwater Middlehorough and Halifax by 
leaving copies of the petitions with this order thereon 
with the Clerks of the several towns aforesaid fourteen 
days before the said tenth day of April next then to 
appear before said Committee to shew cause if any they 

* Not printed in previous editions. Talvcn from court record. 



450 Resolves, 1791 . — January Session. 

have why the prayers of said petitions may not be granted, 
and report. January 21,1792. 

Chapter 21. 

RESOLVE ON THE PETITION OF JAMES SULLIVAN, IN BEHALF 
OF JAMES WARDER AND OTHERS. 

Whereas l)y the Petition of James Sullivan in behalf 
of James Warder & others and the papers therewith ex- 
hibited it appears, that the said Warder and others made 
their appeal from the decree of the Judge of Probate 
for the County of Dukes County in October 1789 to the 
Supreme Judicial Court in Boston, before that Court had 
cognizance of the appeal, and was there entered, and has 
untill this Time been continued on the Docket of said 
Court ; and that the Act lately made giving appeals from 
the said Probate Court to the said Supreme Judicial Court 
does not Extend to the appeal aforesaid : 

Therefore Resolved that the Supreme Judicial Court to 
be holden at Boston within and for the County of Suffolk 
on the third teusday of February next l)e and hereby is 
empowered to hear try and determine the same appeal in 
the same manner and as efi'cctually as if the same had 
been made legally and regularly, and to award such 
Judgment as might have been if a Law for such appeal 
had existed when the same was made. 

January 23, 1792. 

Chapter 28. 

RESOLVE ON THE PETITION OF THE TOWN OF READING. 

On the petition of the Town of Reading shewing that 
Samuel Banchroft is not an inhabitant of said town & 
that he is maintained l)y said town. 

Resolved that the said Samuel be considered as one of 
the States poor & that the Town of Reading be allowed 
the same consideration for the support of said Samuel as 
is usual in such cases from & after the day & date of this 
Resolve. January 24, 1792. 

Chapter 29. 

RESOLVE ON THE PETITION OF PRINCE WEST, PERMITTING 
HIM TO DISCHARGE A BOND IN PUBLIC SECURITIES, 

On the Petition of Prince West, praying that a further 
time may l)e allowed him for })aying, in Consolidated 



Kesolves, 1791. — January Session. 451 

Notes of this Commonwealth, a Bond given by him to 
the Treasurer. 

Resolved that the Prayer of the said Petition be granted, 
and that the Treasurer be, and he is hereby directed to 
receive, in Consolidated Notes of this Commonwealth, the 
sum due on said Bond, Provided the same shall be paid 
before the fifteenth day of February next. 

January 24, 1792. 



Chapter 30. 

RESOLVE ON THE PETITION OF PALMER GARDNER AND 
OTHERS, GRANTING THEM LANDS. 

On the petition of Palmer Gardner, Noah Eli, Reuben 
Heivett, Daniel McCarthy, Eleazer Bateman, Thomas 
Eldridge, Jeremiah Mark, John Cops, Asa Douglass, 
Caleb Eldridge, Jas. Oshourn, David Warren, John 
Rathburn, Barnett Slilwill & Jonas Shed praying com- 
pensation may be made them for lands lost in running the 
line between this Commonwealth & the State oi Neiu Yo7'k. 

Whereas it appears to this Court that nineteen hun- 
dred & eighty acres of land belonging to a Grant of land 
made to the proprietors of Groton in the Year 1771 have 
fallen within the State of New York, & whereas it also 
appears from the representation of the above Petitioners 
that nine hundred & eighty acres of the grant aforesaid 
were sold by the said proprietors of Groton aforesaid to 
the said petitioners : 

Therefore Resolved that the Committee on the subject 
of unappropriated land in the County of Lincoln be & 
they are hereby impowered & directed in behalf of this 
Commonwealth to convey & confirm to the said petition- 
ers such a quantity of the unappropriated land in either 
of the four Eastern Counties in this Commonwealth as 
the said Committee shall estimate to be worth two hun- 
dred & forty five pounds — To have & to hold the same 
to them their several heirs & assigns in proportion to the 
several quantities of land which they have respectively 
lost as aforesaid provided the said Petitioners have actu- 
ally purchased the right of the said Proprietors of Groton 
to the said Nine hundred & eighty acres & now hold the 
same. January 24, 1792. 



452 Resolves, 1791. — January Session. 



Chapter 31. 

RESOLVE ON THE PETITION OF ANDREW FREESE, ON BEHALF 
OF SARAH KENDRICK, AUTHORIZING HER TO SELL LAND. 

Upon the petition of Andrew Freese on behalf of Sarah 
Kendrich Administratrix of the goods & estate of David 
Kendrick late of Deerjield in the County of Rockingham 
and State of jSfeio Hampshire Yeoman deceased intestate. 

Resolved That the said Administratrix be and she hereby 
is authorised in her said capacity to sell at public auction 
one hundred acres of land being lot numbered eight in the 
liftli range of lots in the plantation of Bridgetoivn in the 
Count}^ of Cumberland for the most the same will fetch 
she advertising the time and place of sale in some public 
place in the said plantation & causing such advertisement 
to be published in both of the public newspapers printed 
in the Town of Portland in the said County of Cumber- 
land thirty days at least before the sale ; the said Admin- 
istratrix also first giving bond to the Judge of Probate for 
the County of Rockingham with sufficient security condi- 
tioned that she will truly account with him or his suc- 
cessor in that office for the yn-oceeds of the said Sale and 
that she Avill faithfully administer the same according to 
law. January 25, 1792. 



Chapter 31a.* 

ORDER ON THE PETITION OF DANIEL WARNER AND OTHERS. 

On the petition of Daniel Warner & others, pray- 
ing to be incorporated into an Episcopalian Society in 
8a.ndisfield. 

Ordered That the Petitioners notify the Inhabitants of 
the Towns of Sandisfield Tyringham JSfeiv- Marlboro, & 
Bethleham District, to appear on the second Wednesday 
of the next Session of the Genl. Court, to shew cause (if 
any they have) why the prayer of sd. Petition shou'd not 
ha granted by leaving an attested Copy of sd. Petition 
with this order thereon fourteen days at least before sd. 
second AVednesday, with the Clerk of each of said ToAvns 
& the clerk of said district. Jcmuary 25, 1792. 

* Not printed in previous editions. 



Resolves, 1791. — January Session. 453 



Chapter 33. 

RESOLVE ON THE PETITION OF CHARirT VICKERY, GRANTING 
HER WAGES DUE TO HER SON ELI VICKERY, DECEASED, 
BEING £ 36. 

On the petition of Charity Vickeri/, praying that the 
wages due, for her son JSli Vickery^s services, who was a 
seaman in the service of this State, may be paid to her ; 
he having died, while a minor in Prison, in the Ivingdom 
of Great Britain. 

Resolved, that the sum of thirty six Pounds hiwftil 
Money, be allowed & paid to the said Charity, in full 
for the services of her said Son as aforesaid. 

January 23, 1792. 



Chapter 33a.* 

ORDER ON THE PETITION OF JOSIAH DANA, AND OTHERS. 

On the petition of Josiah Dana and others praying for 
an opportunity to contest the guardianship-account of 
John Caldwell esquire guardian to the heirs of James 
Caldivell and Anna Caldwell late of Barre in the County 
of Worcester deceased, which account was settled in the 
Probate Office in the said County of Worcester on the first 
day of July 1788. 

Ordered, that the petitioners serve the said John Cald- 
well esquire with an attested copy of their petition and 
this order thereon at least fourteen days before the second 
Wednesday of the next sitting of the General Court, that 
he may appear and shew cause, if any he can shew on the 
said second Wednesday why the prayer of the said petition 
should not be granted. January 25, 1792. 

Chapter 33. 

RESOLVE ON THE MEMORIAL OF GILBERT BENCH, DIRECTING 
THAT JOHN DEMING RECEIVE THE BOOKS OF THE LATE 
BOARD OF WAR, AND SETTLE THE ACCOUNTS IN THE SAME. 

On the memorial of Gilbert Bench, setting forth that 
he has been under contract with the late Board of War & 
has accounts which remain unsettled with the said board, 
& that no person is authorized to settle the said Accounts 

* Not printed in previous editions. Taken from court record. 



454 Resolves, 1791. — January Session. 

— Also setting forth that he was one of the Committee 
for transporting Morters, Cannon, Powder &c. to JSforih 
River, in the Year 1781, and there being a ballance due 
from said Committee to the Commonwealth. 

Resolved that John Demming Esq. be a Conmiittee to 
receive the Books of the late Board of War & settle all 
Accounts if any there be now remaining unsettled with 
any person or persons having accounts open with the said 
board in order that all accounts between this Common- 
wealth & individuals may be adjusted. 

Be it further Resolved that the Attorney General be & 
he hereby is directed to commence a suit or suits against 
the said Committee or such only of them as appear to have 
public monies in their hands unaccounted for, as he shall 
judge most expedient, in order to effect an immediate 
settlement between the Commonwealth & the said Com- 
mittee. January 26, 1792. 



Chapter 33a.* 

ORDER ON THE PETITION OF JOSEPH ROBERTS JUNIOR AND 
OTHERS. 

On the petition of Joseph Roberts junior and others 
inhabitants of the town of Turner and plantation called 
BucJvStoion praying to be incorporated into a Society by 
the name of the Baptist Society. 

Ordered that the petitioners or one of them notify the 
inhabitants of the town of Turner and plantation called 
Buckstown by leaving an attested copy of this petition 
& order thereon wdth the town Clerk of Turner and 
plantation Clerk of Buckstovm. to appear on the second 
Wednesday of the next sitting of the General Court and 
shew cause if any they have why the prayer of said peti- 
tion should not be granted. January 26, 1792. 

Chapter 34. 

RESOLVE ON THE PETITION OF THE TOWN OF WISCHENDON. 

On the Petition of the Town of Winchendon, seting 
forth, that in the original Grant of said Township, there 
was a reservation of two sixty third parts, of said Grant, 
for the use of a school and Ministry in said town, and that 

* Not printed in previous editions. Talven from court record. 



Resolves, 1791. — January Session. 455 

through inadvertency, in the early settlement of said 
Town, Leases were given of the premises, for the term 
of nine hundred & ninety nine years, with Condition, to 
give warrantee Deeds of the same, to the Lessees, on their 
tendering the Principal, upon which the Kents were esti- 
mated, and that accordingly, in sundry instances, tenders 
have been made as aforesaid. 

Resolved, for reasons set forth in said Petition, that 
the to\vn aforesaid, be and they hereby are authorized & 
impowered, to give warrantee Deeds of the Premises, 
on Condition they reserve, for the uses aforesaid, the 
monies with the Interest thereon, which they have, or 
hereafter may receive, as Consideration for said Lands ; 
and said Deeds, shall be considered as legal & valid, any 
thing contained in sd. original Grant to the contrary not- 
withstanding. January 27, 1792. 

Chapter 35. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF WALDO- 
BOROUGH. 

On the petition of the Select-men of Waldoborouyh 
praying that David Vinal a collector of said Town might 
be empowered to collect the Remainder of Sundry taxes 
committed to him to collect in 1786 amounting to forty 
eigJit pounds fourteen shillings & four pence half peney. 
Resolved that David Vinal collector of taxes for 
Waldoborough in the year 1786 be and he is hereby 
authorised and empowered to collect all Such sums as 
Remain due on such arrearage taxes as were committed 
to him as aforesaid by the Select-men & assessors of said 
Town in the same maner as if they had been origanally 
committed to him according to law and to pay the same 
into the Town treasurer of Said Town on or before the 
first day of may next. January 27, 1792. 

Chapter 36. 

RESOLVE ON THE PETITION OF REUBEN MUN, IN BEHALF OF 
JOSEPH BAKER. 

On the Pitition of Ruben Mim In Behalf of Joseph 
Baker a Soldier in the Army of the United States in Colo. 
Hazens Redgt. Preying that the Secratary be Directed to 
Pay such Ballance as is due to said Soldier Notwithstand- 
ing said Soldier has lost his Dischartje. 



4:56 Resolves, 1791. — January Session. 

Resolved tluit the Prayer of said Pitition be Granted 
and the Secratary is hereby directed on said Ruheii Mun's 
Producing an Order from said Baher and signing a Re- 
ceipt of his having Receiv'd the same for the Use of said 
Joseph Baker to Pay the said Ruben whatever sum is 
due to said Joseph Baker on his final settlement with ye 
United States. January 27, 1792. 

Chapter 37. 

RESOLVE ON THE PETITION OF JERVSHA LEONARD, EMPOW- 
ERING HER TO SELL REAL ESTATE. 

On the Petition of Jerusha Leonard Executrix of Colo. 
Noadiah Leonard deceased. 

Resolved, for reasons set forth in her Petition that the 
said Jerushua be and she hereby is authorized and empow- 
ered to sell a certain Tract of Land lying in South Brim- 
field, which Avas taken by Execution in favour of the said 
Noadiah against Asa Fisk, she giving bond with suffi- 
cient Sureties to the Judge of Probate for the County of 
Hampshire, in all things to observe the Laws respecting 
the Sale of real Estates by Executors or Administrators, 
and to account with the said Judge for the net proceeds 
thereof. January 28, 1792. 

Chapter 38. 

RESOLVE ON THE PETITION OF AARON CHAMBERLAIN AND 
OTHERS, AGENTS FOR THE PROPRIETORS OF TYNGSTOWN. 

On the Petition of Aaron Chamberlain & others agents 
for the proprietors of the Townshi}) of Tyngstoivn setting 
forth that in locating said township, a part of it as laid out 
through mistake interfered with the Township of Phipps 
Canada so called so that the Proprietors of Tyngstown 
are deficient in the quantity of land granted them by the 
General Court to the amount of about three thousand 
acres. 

Resolved that the prayer of said Petition be so far 
granted as that some suitable surveyor be appointed by 
the Committee for the sale [o/J eastern lands, Avho with dis- 
interested Chain carriers under oath at the expence of the 
Proprietors of said Tyngstown shall examine the location 
of their township & if it shall be found to interfere with 
the township of PJiipps Canada then that the surveyor & 



Resolves, 1791. — January Session. 457 

Chain carriers to be appointed as aforesaid be directed to 
lay out as much of the unappropriated land belonging to 
this Commonwealth adjoining to said Tyngstown as shall 
be equal to the deficiency arising from the interference 
aforesaid agreeably to such directions as he may receive 
from the said Committee and make return of his doings to 
the General Court within one year next ensuing. 

January 28, 1792. 

Chapter 39. 

RESOLVE ON THE PETITION OF CALVIN CURTIS, REQUESTING 
THE GOVERNOR AND COUNCIL, TO GRANT HIM A WARRANT 
FOR £.3 18 9 IN LIEU OF A FORMER ONE LOST. 

On the Petition of Calvin Curtis seting forth that he 
did duty as a Brigade Majr. in the State of lihodeisland 
on an Alarm in the Year 1776 under the command of 
Brigr. Genl. Joseph dishing for the Term of Twenty 
one days for which service he has never been paid, and 
praying for an allowance for the same, And also seting 
forth that he commanded a Company in the State of Rhod 
Island in the Year 1778 in the Regiment commanded by 
Colo. John Jacob, for which service and that of his other 
Officers he had a Warrant from his Excellency the Gov- 
ernor for the sum of Three pounds Eighteen shillings and 
Nine "pence, which Warrant was by accident lost. 

Resolved, that the prayer of the said petition be granted 
and that the Treasurer of this Commonwealth is hereby 
directed to pay to the said Calvin Curtis the sum of 
Eleven pounds five shillings in full for the aforesaid ser- 
vice as Brigade Major in the same way and manner as if 
he had been made up in the Roll at the time of said service. 

And it is further Resolved, that his Excellency the 
Governor with the advice of Council be requested to 
Issue another Warrant to the said Calvin Curtis for the 
Aforesaid sum of Three pounds Eighteen Shillings and 
Nine pence in lieu of the one lost, he giving Bonds to 
the trea[r] surer to Indemnify the Commonwealth against 
the one that was lost and that he will be accountable to 
Lieut. Reuben Rose, Lieut. Saml. Parris & Ensign 
Joseph Fowle for their proportion of the last mention'd 
Sum as made up in the pay Roll of their service and that 
the same be charged to the United States. 

January 28, 1792. 



458 Resolves, 1791. — January Session. 



Chapter 40. 

RESOLVE ON THE PETITION OF MIC AH GOODENOW AND miL- 
EMON BROWN, DECLARING NULL AND VOID A JUDGMENT 
RECOVERED AGAINST THEM IN FAVOUR OF THE COMMON- 
WEALTH. 

On the Petition of Micah Goodenow & Philemon Brown, 
praying to be Discharged from a Judgment recovered 
against them, at the Court of Common pleas, in the County 
of Middlesex, at Septr. Term 1790, in favour of the Com- 
monwealth ; for reasons Set forth in the said Petition. 

Resolved, that the Judgment Which was recovered 
against the said Micah Goodenow & Philemon Brown, at 
the Court aforesaid, in favour of the Commonwealth, for 
thirty Pounds, against each of them, Debt & cost, to- 
gether with all the Proceedings which have been had 
thereon, are hereby Set aside, & Declared null & void ; 
& the Attorney General is hereby directed to govern 
himself accordingly. January 28, 1792. 



Chapter 41. 

RESOLVE ON THE PETITION OF ELISHA PORTER, ESQ. 

On the petition of Elisha Porter, Sheriff of the County 
of Hampshire, seting forth, that on the 19th Day of Jidy 
last past, he lodged with the Treasurer, a certificate of 
one hundred and thirty five pounds ; five Shillings & three 
pence, loaned to the United States, in behalf of & in the 
name of the Treasurer of said Commonwealth. 

Resolved, for Reasons set forth in said petition, that the 
Treasurer be, & he hereby is ordered & directed, to credit 
the said Sheriff, the aforesaid sum of one hundred & thirty 
five pounds, five shillings and thi^ee pence, in his account 
current of Executions, received in favor of the Common- 
wealth aforesaid. January 28, 1792. 

Chapter 43. 

RESOLVE ON THE PETITION OF JABEZ AND ROBERT FARLEY. 

Resolved That the Treasurer of this Commonwealth be 
and he hereby is directed to receive of the Administrators 
on the Estate of Michael Farley, deceased, two notes 
Commonly called Army notes one for the sum of Eighteen 



Resolves, 1791. — January Session. 459 

pounds fourteen shilliiu/s & three per^ce the other for the 
sum of ten ptounds twelve shillings & six pence — on Ac- 
count of the Balance due to this Commonwealth from said 
Estate on taxes prior to tax No. 6. — And the said Treas- 
urer is further directed to receive the remaining })art of 
said Balance due from said Estate on the taxes aforesaid 
in the consolidated notes of this Comonwealth, computing 
the Interest due on the said Army and consolidated notes 
to the first day of January 1790 provided the said Admin- 
istrator pay the l)alance in manner aforesaid in one month 
from the date of this resolve. January 2S, 1792. 

Chapter 43. 

RESOLVE GRANTING A TAX TO THE COUNTY OF WORCESTER- 

Whereas the Treasurer of the County of Worcester, has 
laid his Accounts before the General Court, in manner by 
Law prescribed — which Accounts are hereby allowed : 

And Whereas the Clerk of the Court of General Ses- 
sions of the peace for the Said County of Wo7xester, has 
laid before the General Court, an Estimate made by the 
Court of General Sessions of the peace, of the Necessary 
Charges, which are likely to arise in Said County, the 
Current Year — Amounting to the Sum of Ten JIundred 
& forty four pmunds fifteen Shillings : 

Resolved that the Sum of one Thousand and forty four 
pounds fifteen Shillings, be and hereby is granted as a 
Tax for said County of Worcester to be Apportioned, 
Assessed, Collected, and Applijed in manner provided by 
Law. January 28, 1792. 



Chapter 44. 

RESOLVE ON THE PETITION OF SAMUEL DA VIS. 

On the petition of Samuel Davis representing that he 
purchased of Samuel Davis late of Gorham in the County 
of Cumberland deceas'd, Twenty five acres of Land, but 
that said Samuel died suddenly without giving a Deed 
thereof to the petitioner, and praying that Ebenezer Davis 
Administrator on the said deceased's Estate may be em- 
powered to give him a Deed of said Lands. 

Resolved, that the prayer thereof be granted, and that 
the said Ebenezer Davis be, and hereby is empowered, 



460 Resolves, 1791. — January Session. 

in his capacity of Administrator, to convey to the said 
Samuel Davis the said twenty 6ve acres of Land, upon 
his complcating the payment of the purchase Money 
agreed on in the life time of the said /Samuel deceased, 
and to make and Execute a Good Deed thereof, which 
shall be good and valid in Law as if the same had been 
given by the said Samuel Davis prior to his decease. 

January 28, 1792. 

Chapter 45. 

RESOLVE ON THE PETITION OF DAVID MITCH EL, ESQ. AU- 
THORIZING THE COMMITTEE ON ACCOUNTS TO ALLOW THE 
ACCOUNT OF THE COUNTY OF CUMBERLAND. 

On the Petition of David Mitchel, Esqr. praying for a 
reimburstment of Several Sums of Money paid to John 
Waite Sherifl* of the County of Cumberland, by order of 
the Court of Sessions in Said county, as by an account 
exliil)ited. appears. 

Resolved That the Committe on accounts be & hereby 
are authorized : to receive and Examine the aforesaid 
account & to allow So much Thereof as to them Shall 
appear Justly due to the county of Cumberland, the time 
limited by law for exhibiting part of the Charges in Said 
account being expired notwithstanding. 

January 28, 1792. 



Chapter 4:5a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF IPSWICH 
HAMLET. 

On the Petition of the Inhabitants of the Parish of 
Ipswich Hamlet, praying to be incorporated into a sepe- 
rate Town & Parish. 

Ordered, that the Petitioners notify the Town of Ips- 
wich, by serving the Clerk of sd. Town with an attested 
Copy of their Pc[^i]tion & this order thereon, thirty days 
at least before the second Wednesday of the first sitting 
of the next General Court, that they may appear on the 
said second Wednesday & shew cause (if any they have) 
why the Prayer of the said Petition should not be granted. 

January 28, 1792. 

* Not printed in previous editions. 



Kesolves, 1791. — J^vNUAiiY Session. 461 



Chapter 46. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF TRURO. 

On the Petition of the Select men of To'uro in Behalf 
of said Town — setting forth that some time In the last 
war there was delivered to said Town of Truro from the 
commonwealth a small quantity of warlike stores viz 
thirty two small arms two half Barrels of powder & two 
Iron feild pecies with Carriages ; & some other small war- 
like stores — and praying that the whole or part thereof 
may he remitted to said town of t7-uro. 

Resolved for reasons sett forth in said Petition that the 
select men of the town of iruro shall as soon as may be 
deliver to the Quarter master General ; the two Iron feild 
pecies and twenty five small Arms, which when delivered 
shall be in full discharge to the Town of truro from the 
commonwealth for the stores charged against the Town 
aforesaid. January 30, 1792. 



Chapter 47. 

RESOLVE ON THE PETITION OF ABIGAIL OTIS. 

Upon the Petition of Abigail Otis, admix, upon the 
estate of Joseph Otis, late of said Boston, deceased, pray- 
ing that she may be discharged from a Judgement & 
Execution thereon now against her in her said Capacity 
in favor of this Common Wealth. 

Resolved that for reasons set forth in said Petition the 
prayer thereof be so far granted that the Clerk of the 
Supreem Judicial Court in whose Office said Judgement 
is recorded, is hereby authorised & directed to enter upon 
said Record a full discharge of said Judgement & Exe- 
cution against said Abigail, upon her paying all the legal 
Costs & charges which have arisen in the prosecution of 
said suit. January 30, 1792. 

Chapter 48. 

RESOLVE GRANTING A TAX TO MIDDLESEX COUNTY. 

Whereas the Treasurer of the County of Middlesex has 
laid his Accounts before the General Court, in manner by 
Law prescribed ; which Accounts are hereby allowed, ex- 



402 Resolves, 1791. — January Session. 



cepting hcenty eight pouyids fifteen shillings & four pence 
paid to the Kegister of Probate for office rent : 

And Whereas the Clerk of the Court of General Ses- 
sions of the peace for Said County of Middlesex, — has 
laid before the General Court an Estimate, made by the 
Court of General Sessions of the peace — of the Necessary 
Charges which are likely to arise in said County in the 
Current Year, Amounting to the Sum of One Thousand 
pounds : 

Resolved that the Sum of nine hundred & seventy one 
potinds four shillings & eight pence be and hereby is 
granted as a Tax for said County of Middlesex, to be 
apportioned, Assessed, Collected, and applied in manner 
provided by Law. January 30, 1792. 

Chapter 49. 

RESOLVE ON THE ACCOUNTS OF THE GUARDIANS OF THE 
DUDLEY INDIANS. 

Whereas it appears by Examining the accounts pre- 
sented by the Guardians of the dudley Indians from 
Fehey. 14th 1791 to Jany. 9th 1791 that there is a bal- 
lence in favor of said Guardians (including a l)alencc due 
to them in a Settelment made Fehey. 14th 1791) the sum 
of thirty seven pounds seventeen shillings & 4cZ \ for 
articles furnished said Indians : 

Resolved, that the aforesaid Sum of tJiirty seven pounds 
seventeen shillings &:, four pence one farthing ])e allowed 
and Credited as a balence, duo to said Guardians accord- 
ingly. January 30, 1702. 

Chapter 4:9a.* 

ORDER ON THE PETITION OF JONATHAN GREENLEAF AND 
NATHANIEL EMERY. 

On the petition of Jonathan Greenleaf and Nathaniel 
Emery agents for the proprietors of the town of Newhury 
praying that an Act passed in the year of our Lord one 
thousand seven hundred and thirty nine be explained, 
amended or repealed for certain [)urposes set forth in said 
petition. 

Ordered that the petitioners cause an attested copy of 
their petition with this order of Court thereon to be pub- 



Not printed in previous editions. Talcen from court record. 



Resolves, 1791. — January Session. 463 

lished three weeks successively in the pul^lic news paper 
printed in the town of Neivhuryport some time in the 
month of April next, that any person concerned may 
appear on the second Wednesday of the first session of 
the next General Coui-t & shew cause if any he hath why 
the prayer of said petition should not be granted. 

January 30, 1792. 

Chapter 50. 

RESOLVE ON THE PETITION OF THE PROPRIETORS OF WARNER 
FORMERLY NO. 1 

On the Petition of the proprietors of the Township of 
Warner formerly called N^imher One. 

Whereas the Tow^nship heretofore granted by the 
General Court of the late Province of the Massachusetts 
Bay to Thomas Stevens and others by the name of Num- 
ber one, now called Warrier, fell & now lies within the 
State oi New Hampshire by running the Line of division 
between that State & this Commonwealth. And whereas 
many years ago the following persons viz Jonathan 
Barnard, Increase Morrill, Ezekiel Evans, Nathan 
Qurrier, Nehemiah Ordivay Humphrey Pierce Reuben 
Dimond Joseph Jeioell Samuel Barnard eTun., Stephen 
Colby Barnard Hoyt Benjainin Evans Joseph Eastman 
Simeon Morrill Elihu Goold John Nichols, Pain Wingate 
Thomas Powell Esq. Thomas Barnard David Ring Ben- 
jamin Tucker Simeon Bartlet Enoch Sargent Bartholomew 
Heath Jonathan Pressy Stephen Merril Nathaniel Cur- 
rier, Esther Colby John Wells Daniel Quinhy Thomas 
Fowler Barns Jewell Nathan Goodwin, Francis Davis 
Peter Sargent Aaron Roicel Thomas Jewell Abraham 
Merril, George Abbot Jeremiah Flanders, Samuel Bar- 
nard Theodore Hoyt, Nehemiah Ordway Jun. Gideon 
Roirell, Samuel Straw Israel Straio James Ordivay Eze- 
kiel Morrill Jarvis Ring Joseph Jones, Stephen Sargent, 
William Straio, Benjamin Sargent, David Bagley Ben- 
jamin Osgood, Eastman Hoyt, Jonathan Martin Elipha- 
let Lowell & Daniel Morrill being Pro[)rietors of said 
Township, were ol>lig'd to pay and did pay large sums of 
Money to the Masonian Proprietors so called & to their 
grantees who claimed said Township, in order to purchase 
their right & claim in & to the same, & to quiet them- 
selves in the possession thereof, besides expending divers 
other sums of Money in Law, in endeavouring to support 



464: Eesolves, 1791. — January Session. 

their own title to the same — and whereas it appears to 
be just, that they should be reasonably compensated (as 
other Proprietors in similar Circumstances have been) for 
the loss they have sustained by reason of the premises 
which they have not yet been : 

Resolved Therefore that there be, & there hereby is 
granted, to such of the Persons above named Proprietors 
as aforesd. as are now living, and to the heirs and legal 
Representatives of such of them as are deceased, a tract of 
land, measuring six miles in length and three miles in 
breadth, to be surveyed & laid out to them at their ex- 
})ence, by the Committee for the Sale of Eastern Lands, 
from any of the unappropriated lands belonging to the 
Common wealth in either of the Counties of Lincoln Han- 
cock or Washington — they to take and hold the same in 
fee simple in the same shares & proportions as they had & 
held in the said Township of Warner — in full satisfaction 
& compensation for their Loss aforesd. Reserving four lots 
of Land, equal in Quality with the rest, of one hundred 
and sixty acres each, for public uses ; vizt. one for the first 
Settled ordained Minister, one for the use of the Ministry, 
one for the use of Schools, and one for the future appropri- 
ation of the General Court. — The Grantees above named 
their heirs or assigns, settling twenty Families at least on 
the above granted premises within four years from the date 
of this resolve, and returning and lodging in the secre- 
tary's ofBce within one Year ensuing the date hereof the 
Location of the tract hereby granted under the hands of 
said Committee or the major part of them. 

January 31, 1792. 



Chapter 51. 

RESOLVE ON THE TETITIGN OF JOHN LUCAS AND EDWARD 
TVCKERMAN. 

On the Memorial of John Lucas & Edward Tuckerman. 

Resolved as the Opinion of this Court that it is expedi- 
ent the said John Lucas & Edward Tuckerman, at the 
next Supreme Judicial Court to be liolden in and for the 
County of Sujfolk, siiould review an Action of Covenant 
broken commenced by Thomas Reals against Joseph Rar- 
rell Esq. on which Judgment was rendered at the last 
Supreme Judicial Court holden within & for the same 
County. January 31, 1792. 



Resolves, 1791. — January Session. 465 



Chapter 53. 

RESOLVE DISCHARGING BROWNFIELD PLANTATION, OF CERTAIN 
TAXES. 

liesolved that the Treasurer of this Commonwealth be, 
and he is hereby directed ; to discharg[e] the plantation 
of Broumfield, from all taxes Mentioned in A Resolve of the 
General Court ; Passed March the Ninth 1790. — Provided, 
the Said Plantation Shall, Immediately pay into the Treas- 
ury of this Comonwealth, the lialance that is due to sd. 
Treasury, by the aforesaid Resolve ; and Shall Also, Pro- 
duce the Evidence Required by Said Resolve, that they 
have Appropriated the Other Money, Mentioned in Said 
Resolve, according to the true intent, and Meaning thereof. 

January 31, 1792. 



Chapter 53. 

RESOLVE ON THE PETITIONS OF JOHN TRACT, SETH CATLIN 
AND EZRA SMITH, DIRECTING THE COMMITTEE ON ACCOUNTS 
TO EXAMINE THEIR ACCOUNTS. 

On the Petitions of John Tracy Dy. Adjutant General of 
the 2d division, Seth Catlin Brigade Major of the Second 
Brigade in the County of Hampshire, And Nathl. Bishop, 
in behalf of Ezra, Smith Brigade Major in the second 
Brigade in the ninth division, of the Militia, praying that 
an allowance may be made to them for their services ren- 
dered to the Militia of this Commonwealth. 

Resolved for Reasons set forth in said Petitions, The 
Committee on Accounts be & hereby are Authorised & 
directed to examine the Accounts of said Petitioners and 
to make such allowance as to justice shall appertain, in 
the same manner as if the said Accounts had been pre- 
sented within the time prescribed by Law. 

February 1, 1792. 

Chapter 54. 

RESOLVE ON THE PETITION OF TIMOTHY HILL, EMPOWERING 
HIM TO SELL REAL ESTATE. 

On the petition of Timothy Hill Guardean to Mehitahle 
Brick of 8herlmrn in the County of Middlesex [)raying 
for Liberty to sell the Real Estate of said Mehitable for 
her support, for reasons set forth in the said petition. 



466 Resolves, 1791. — January Session. 

Resolved, that the prayer thereof be granted, and that 
the said Timothy Hill be, and he hereby is empowered, in 
his said capacity of Guardian to said Mehitahle Brich, to 
sell and convey, the said MehitaUe's Real Estate situate 
in Shurburn aforesaid, also the said Mehitable's Eeal 
Estate situate in Medivay for her support and maintain- 
ance, and to give a good Deed or Deeds thereof, which 
shall be good & valid in Law ; he first giving Bond with 
sufficient Sureties to the Judge of Probate for the County 
of Middlesex to conduct the sale of said Estate & to ac- 
count for the proceeds thereof in manner prescribed by 
Law. February 2, 1792. 

Chapter 55. 

RESOLVE ON THE PETITION OF JUSTUS DWIGHT, IN BEHALF 
OF BELCHERTOWN. 

On the petition of the inhabitants of the Town of 
Belcliertown. 

Resolved that for reasons Set forth in said petition the 
Treasurer of this Common wealth l)e & he is hereby di- 
rected to Credit the said town of Belchertoum the Sum of 
Tivelve pounds, which was Set on them as a fine for not 
Sending a representative to the General Court for the 
year 1790. February 2, 1792. 

Chapter 56. 

RESOLVE DIRECTING THE MESSENGER OF THE GENERAL COURT 
TO FROCURE AN ASSISTANT THE PRESENT SESSION. 

Resolved that the Messenger of the General Court pro- 
cure an Assistant during the present Session of the said 
Court, and lay his account for the services of such Assist- 
ant before the Committee on accounts for allowance & 
payment. February 5, 1792. 

Chapter 57. 

RESOLVE ON THE PETITION OF MOSES PORTER AND AMEY 
HIS WIFE. 

On the Petition o( Moses Porter & .4me?/ his Wife pray- 
ing that the Judge of l^-obate for the County of Hamj)- 
shire may be empowered to order, that the share of the 
said Amey, in the Estate oi' Benjamin Colt, late of Hadley 
deceased may be set ofi'to her in severalty. 



Resolves, 1791. — January Session. 467 

Resolved That the prayer of said petition l)e granted, 
And that the Judge of Pro])ate for the County of Hamp- 
shire, be, & he hereby is authorized & empowered to 
order that the Share of the said Amey in the Estate of the 
said Benjamin deceased be set oft' to her to hold in sev- 
eralty, any law or usage to the contrary notwithstanding. 

February 3, 1792. 

Chapter 58, 

RESOLVE GRANTING A TAX TO THE COUNTY OF BERKSHIRE. 

Whereas the Clerk of the Court of General Sessions of 
the peace for the County of Berkshire has laid before the 
General Court, an Estimate made by the Court of General 
Sessions of the peace, of the Necessary Charges, which 
are likely to arise in Said County, the Current Year — 
Amounting to the Sum of Six hundred pounds : 

Resolved that the Sum of Six hundred pounds, he and 
hereby is Granted as a Tax for said County of Berkshire, 
to be Apportioned, Assessed, Collected, and applied in 
manner provided by Law. February 4, 1792. 

Chapter 59. 

RESOLVE ON .THE PETITION OF JOHN MOORE, REPEALING A 
RESOLVE PASSED THE 2d OF MARCH, 1791. 

Resolved that a Resolve which passed the Legislature 
the second day of March last on the Petition of George 
Warren agent for Zitnri Hoicard, Solomon Parker & 
David Webb assessors for the Town of Winsloiv for the 
Year 1781 praying that their assessment for that Year may 
be established as it respects certain Setlers adjacent to said 
Town of Winslow & granting the prayer of said Petition 
with every article & clause of said Resolve be & hereby is 
repealed & declared null & void. February 6', 1792. 

Chapter 60. 

RESOLVE ON THE PETITION OF AMOS BARRETT, EMPOWERING 
HIM TO CONVEY REAL ESTATE TO MART W7MAN AND 
THOMAS DUG AN. 

On the Petition of Ainos Barrett Administrator on the 
Estate of Capt. JoJin Minot, Praying that some person 
may be empowered to give deeds, for Reasons mentioned 
in said Petition. 



468 Resolves, 1791. — January Session. 

Resolved, that the Prayer of said Petition be granted, 
& the said Amos Barrett in his said Capacity, be & he 
hereby is empowered, to make & execute a good & suffi- 
cient deed to Mary Wyman, agreealile to a liond given by 
the said Minot to Mary Wyman, l)earing date the twen- 
tieth day of November one thousand seven hundred and 
eighty eight. 

And it is further Resolved, that the said Amos Barrett 
be empowered to make & execute a good &, sufficient deed 
to Thomas Dugan, agreeal)le to the Contract made be- 
tween the said Minot in his life time & the said Dugan, 
he the said Dugan paying the remainder of the money 
ugreeal)ly to the said Contract. February 6, 1792. 



Chapter 61. 

RESOLVE ArPOINTING A COMMITTEE FOR SETTLING WITH WIL- 
LIAM GREENLEAF, LATE SHERIFF OF THE COUNTY OF 
WORCESTER, AND HIS BONDSMEN. 

Resolved that Stephen Choate, Thomas Dawes, Dwight 
Foster & Daniel Bigelow Esquires (together with the At- 
torney General) be a Committee with full Powers to settle, 
adjust, & conclude in such manner as said Committee, or 
the Major Part of them shall think proper, all the Claims 
& Demands which this Commonwealth now have against 
William Greenleaf of Lancaster late Sheriff' of the County 
of Worcester, or his Bondsmen, for the faithfull Perform- 
ance of his Duty in that Office ; And also in behalf & in 
the Name of this Commonwealth to make, seal & execute 
all necessary Acquittances, Releases or Conveyances, & 
to receive all Assignments, Deeds or other Papers that 
shall be requisite for the final Settlement & Discharge of 
all such Claims & Demands. February 6, 1792. 



Chapter 62, 

RESOLVE ON THE PETITION OF DAVID DRURY, CREDITING 
THOMAS DRURT £.12 12. 

On the Petition of David Drury, Praying that the 
Treasurer of this Commonwealth, may be empowerd 
to Credit Thomas Drury Collector of Tax No. 1, for 
the Town of Fra,mingham the Sum of Twelve Ronnds, 
Twelve Shilliiif/s, being the amount of an Order drawn 
on, Loamtni Baldioin Esqr. Shercifl' of the County of 



Resolves, 1791. — January Session. 4G9 

Middlesex, in favour of the Said Thomas Drury and lost 
by the Said Drury. 

Resolved for Reasons set forth in said Petition that the 
Prayer thereof be Granted, and that the Treasurer be and 
he hereby is authorized and Directed, to Credit the said 
Thomas Drury the Sum of Tivelve Pounds Twelve Shil- 
lings, he Giveing Bond with sufficient sureties to indemnify 
the Commonwealth from the former Order. 

February 6, 1792. 

Chapter 63. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF PROV- 
INCETOWN REMITTING SAID TOWN, TAXES NO. 8 AND 9. 

Resolved, that the sums set to the town of Pi'ovince- 
town in Taxes No. 8 & 9, amounting to the sum of six- 
teen pounds fourteen shillings & ten pence be & hereby 
are remitted to the sd. Town of Province Town provided 
that the said sum ])e solely applied to the purpose of 
building a Meeting house in sd. Province toivn on or 
before the tirst day of Janry. next and that ye sd. Select 
men lodge a Certificate thereof with the Treasurer of this 
Connuonwelth, from the Town Clark of Province Town 
that ye whole of the aforesaid sum has be[e]n rais'd & laid 
out agreably to this Resolve and the Treasurer is hereby 
directed to Govern himselfe accordingly. 

February 6, 1792. 

Chapter G4. 

RESOLVE APPOINTING SAMUEL RENSIIAW, ESQ. TO SELL BURN- 
HAM ROCK ISLAND, LYING IN CONNECTICUT RIVER. 

On the Petition of William Smalley and others. 

Resolved that Samuel Henshaw Esqr. l)e a Committe 
to sell a small Roch Island, called Burnham Rock, lying 
in Connecticut river between the Towns of Greenfield and 
Montigue in the County of HanipsJiire to the best advan- 
tage either at public or private Sale, and to take Security 
with pro})er Sureties, for the payment of the amount of 
the Sale thereof to the Treasurer of the County of Hamp- 
shire for the Use of said County, and to make and exe- 
cute in behalf of this Commonwealth a good and sufficient 
Deed thereof to the purchasers. The said Committe to 
lay their Account for the Service al)ove mentioned before 



470 Resolves, 1791. — Januaky Session. 

the Court of General Sessions of the Peace for the said 
County for allowance and payment for performing the 
Service above mentioned. February 6, 1792. 

Chapter 65. 

HESOLVE ON THE PETITION OF EPHRAIM PICKARD, OF BEV- 
ERLY. 

On the petition of Ei^liraim Pickard of Beverly in the 
County of Essex trader, to have a mistake in entring a 
judgment recovered in the Supreme Judicial Court holden 
in & for said County in November last rectitied. 

Resolved that the Clerk of said Court be and he hereby 
is authorised and directed to correct the Entry of the 
judgment which was rendered by the said Court holden 
at Scdern in & for said County of Essex on the second 
tuesday of November last in an action Avherein said 
Pickard was plaintiff and ap})ellant against Hmnphry 
Ghadbourn the third and Robert Ford both of Berwick 
in the County of York yeoman Defendants & appellees 
and which is now entred against said Ghadbourn only and 
to enter judgment in said action against said Ghadbown 
& Ford according to the truth of the case. 

February 6, 1792. 

Chapter 65a.* 

ORDER ON THE PETITION OF OLIVER WOOD. 

On the j)etition of Oliver Wood praying that a strip 
of land about one mile and a half in width lying on the 
north side of the town of Noi'ridgeivalk, and also three or 
four lots on the west side thereof between that town and 
/Sandy River & adjoining the same, may be annexed to 
the said town of Norridgeivalk. 

Ordered that the petitioner forty days before the next 
setting of the General Court, notify the Plimouth Com- 
pany, the inhabitants living on the, strip fo/'] land men- 
tioned in his petition and the inhabitants living on the 
lots of land mentioned in the same petition by leaving an 
attested copy of the said })etition and of this order thereon 
with the Clerk of said Company, and with some })rincipal 
inhabitant dwelling on the aforesaid strip of land, and also 
with some principal inhabitant living on the lots of land 

* Not printed in previons editions. Talcen from court record. 



Resolves, 1791. — January Session. 471 

aforesaid, to appear on the second Wednesday of the said 
next sitting of the General Court, and shew cause, if any 
they have, why the prayer of the said petition ought not 
to be granted. February 6, 1792. 



Chapter 66. 

RESOLVE ON THE PETITION OF STEPIIEX BRUCE, GRANTING 
HIM £.199 4 4 IN NOTES. 

On the Petition of StepJien Bruce, praying for a Settle- 
ment of his account with the late Board of War, and for 
payment of ye Balance that Shall or may be found due to 
him on Such Settlement. 

Whereas it appears there is a Balance due from the said 
late Board of War to the said Stephen Bruce of the sum 
of one hundred and ninety nine pounds four Shillimjs and 
four pence for monies advanced, and Services performed, 
by the Said Stephen Bruce, for the Government dureing 
the late war : 

Therefore Resolved that the prayer of the sd. Petition 
be granted, and that the Treasurer be and he herel)y is 
directed to Issue a Consolodated note to ye sd. Stephen 
Bruce dated the eighth day oi Deer. A Dill Q with Inter- 
est for the same, for the aforesaid sum of one hundred 
and ninety nine piounds four Shillings and four pence, 
in full of his demand aforesaid, and that the same be 
Charged to the United States. February 7, 1792. 

Chapter 67. 

RESOLVE ON THE PETITION OF CAPT. THOMAS ALEXANDER. 

On the Petition of Capt. Thomas Alexander of JVbrth- 
field in the County of Hampshire, who met with a Fall 
which dislocated his hipbone, about the 20th of Jany. 
1777 while in the service of the United States, as appears 
by examination and authentic documents. 

Whereas the said Alexander was placed on the pension 
List by a Resolve of September 24th 1779, which states 
"That he was intitled to Half-Pay as a Captain from 
January 1st 1778 in consequence of a Fall received which 
dislocated his hip-bone when in the service of the United 
States and by which means he was a Cripple " — and whereas 
it appears that in consequence of a Representation from 
the Court of General Sessions of the peace for said County 



472 Resolves, 1791. — January Session. 

of Hampshire, the pension of the said Alexander was by 
Resolve of Feby. 11th 1783, thenceforth discontinued: 
and whereas also it appears that the said Alexander in 
consequence of said Fall is Still a Cripple and unable to 
labour for his support, and on principles of that equity 
which has been extended to invalids, ought never to have 
been struck ofi" the pension List : 

Therefore Resolved that it is the opinion of this Court 
that the said Alexander ought again to be placed on the 
pension List and intitled to receive the Half pay of a 
Captain for Life to commence from the 20th of January 
1777 (excepting from the 1st of Jany. 1778 to the 11 
of February 1783 during which period he has received 
his Half-pay from this Common wth.) and he is hereby 
recommended to the Congress of the United States as 
a fit subject for a pension accordingly — any act of this 
Commonwth. to the Contrary notwithstanding. 

February 8, 1792. 

Chapter 68. 

RESOLVE ON THE PETITION OF SAMUEL SNO]V. 

On the Petition of Samuel Snow seting forth that he 
did duty as a soldier for the term of seven Months in the 
Nine months Campaign in the year 1778, and has not 
been made up in any payroll, and praying for a Com- 
pensation therefor. 

Resolved that the Treasurer of this CommouAvealth be 
and he is herel)y directed to pay to the said Samuel Snow 
the Sum of Fourteen pounds in full for the said service 
in the same way and manner as others have been paid who 
did duty in the aforesaid Cam})aign. February <S, 1792. 

Chapter 69. 

RESOLVE ON THE rETITION OF JOHN WELSH, GRANTING HIM 
£.123 3 IL 

Wher[e]as a resolve passed the general Court of the State 
of Massachusetts on the 19th day o^ June 1780, authoriz- 
ing & impowering certain agents therein named to hire 
money for the use of this Government upon Conditions 
therein mentioned, and wher[e]asin Consequence thereof 
one John Welsh Ijoancd to government nine thousand & 
one Jiundred jjounds of pa[)er currency on the 8th day 
of Jidy 1780 and received from said agents a Lease or 



Resolves, 1791. — January Session. 473 



Boston late the property of Jolin Troutbeck an al)sentce as 
a collateral Security ; & it being represented to this court 
that said land & buildings really l)elonged to one Wil- 
liam Gould who has since In-ought his action at Law 
and evicted said Welsh and that there is in conse([uence 
thereof a ballance due from this common-wealth to said 
Welsh of the Sum of one Hundred twenty three pounds 
tJiree sJiilUngs & eleven jjence therefore 

Resolved that there be paid out of the Treasury of this 
commonwealth to the said John Welsh the Sum of one 
Hundred & twenty three j^oiinds three shillings & eleven 
pence in full of his demands on account of the Loan 
aforesaid. February S, 1792. 

Chapter 70. 

RESOLVE ON THE PETITION OF EBENEZER WOODWARD, 
GRANTING £.379 10 1. 

On the Petition of Ebenezer Woodward for Reasons set 
forth in said Petition. 

Resolved That the Treasurer of this Commonwealth be 
and he is hereby directed to pay to the said Ebenezer 
Woodward the Sum of TJiree hundred and seventy nine 
pounds ten shillings and one penny in full Payment, Sat- 
isfaction and Discharge of his Claim against this Com- 
monwealth for the Monies he loaned to a Committee of 
the General Court, pursuant to a Resolve passed the nine- 
teenth day oi Jane in the Year of our Lord One thousand 
seven hundred & eighty, & which were secured to him 
by a Lease of a Part of the Real Estate of John Borland 
an Absentee — Which Lease was executed on the part of 
government by Caleb Davis, Thos. Dawes, Ebenr. Wales 
& Saml. Henshaiv Esquires and is dated JVov. 1, 1780 
— Provided the said Ebenezer Woodward shall deliver the 
said Lease to the said Treasurer & shall also give his Re- 
ceipt in full for Monies secured to him by said Lease. 

February 8, 1792. 

Chapter 71. 

RESOLVE RESPECTING THE BOND OF I'RINCE WEST. 

Resolved, that the Treasurer l)e, and he is hereby author- 
ized to receive of Prince West, on his Bond to the Treas- 



474 Resolves, 1791. — January Session. 



urer, the sum of Two hundred and tioenty five pounds 
Nine shillings and teii j)ence in Consolidated Notes of this 
Commonwealth, now lying in the hands of Johji Brown 
Esq., in part payment of said Bond. And also, that the 
Treasurer be in like manner authorized to receive of the 
said Prince West the remainder of the sum due on his 
said Bond, amounting (as it is said) to thirteen pounds 
seven shillings and Eight pence with Interest thereon 
from the first day of February current in Notes of the 
aforesaid Discription, Provided the same shall be paid by 
the first day of June next, A Resolve of the 24th Jany. 
1792 on the same subject notwithstanding. 

February 9, 1792. 

Chapter 73. 

RESOLVE ON THE PETITION OF NATHANIEL BISHOP, IN BE- 
HALF OF THE TOWN OF RICHMOND. 

On the Petition oi Nathaniel Bishop) Esquire in behalf 
of the Town of Richmond. 

Whereas it so happens that the title to certain Lands in 
the Town of Richmgnd originally intended to be appro- 
priated for the purpose of highways still continues in this 
Commonwealth, and it being found inconvenient to use 
the said Land for that purpose and the said town having 
at its own expence provided the necessary highways for 
its own and the publick accommodation — it hath there- 
fore become reasonable to vest the Title to said Lands in 
the said Town to indemnify its expence in the premises : 

Therefore Resolved that all the Lands aforesaid lying in 
the said Town Avhicli have not l)een used for highways nor 
granted by the said Town to make satisfaction for high- 
ways already laid out shall be and hereby are granted to 
the said Town oi Richmond in fee simple. 

February 9, 1792. 



Chapter 73. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF DIG H TON, 
REMITTING THE SAID TOWN A FINE OF £.14. 

On the Petition of the Selectmen of tiie Town of 
Bighton, praying that a Fine set to the said Town for 
omitiog to choose a Rei)resentative to send to the Gen- 
eral Court in the Year 1790, may be remitted. 



Resolves, 1791. — January Session. 475 

Resolved that the prayer of the said Petition be granted, 
and that the sum o^ fourteen Pounds set to the said Town 
of Di(jhton, as a Fine for omitting to choose a Represent- 
ative to send to the General Court in the Year 1790, be 
remitted, and that the Treasurer be, and he is hereby 
directed to govern himself accordingly. 

February 9, 1792. 

Chapter 74. 

RESOLVE GRANTING A TOWNSHIP OF LAND, TO BERWICK 
ACADEMY. 

Besolved that there be & hereby is granted to the Trus- 
tees of Berioick Academy in the County of Yorh & their 
Successors in fee, a Township of land six miles square to 
be laid out in the unappropriated Land of the Common- 
wealth within the district of Maine, with full power & 
authority to settle manage & divide said Towaiship or to 
sell convey & dispose of the same in such way & manner 
as may best promote the welfare of said Academy ; Pro- 
vided that said Township shall l)e laid out under the di- 
rection of the Committee of the Sale of Eastern lands & 
a plan thereof returned into the Secretary's Office & that 
said Corporation shall proceed in the design of their insti- 
tution & that the said Trustees their Successors or Assigns 
shall within live years provide & settle upon and within 
such Township at least twenty families reserving however 
in said township three lots of three hundred & twenty 
acres each for the following uses — Vizt. One lot for the 
first settled minister, one lot for the use of the Ministry 
& one lot for the use & support of schools within said 
Township. February 9, 1792. 

Chapter 75. 

RESOLVE ON THE PETITION OF ELISHA WILSON AND OTHERS. 

On the Petition of Elisha Wilson and others, praying 
that the Judge of Probate for the County o^ BerksJiire 
may be authorized to order a new Distribution of the Real 
Estate of Elijah Wilson late of Stockb ridge in the said 
County, deed., so far as respects two certain parcels of 
Land thereinmentioned. 

Resolved, That the Prayer of the said Petition be 
granted, and that the said Judge of Probate be, and he 



476 Resolves, 1791. — January Session. 

is hereb}^ authorized and impowered to assign to Mary 
Wilson Eelict of the said Elijah, as part of her Eight 
of Dower, six Acres of Land, which, pursuant to an 
Order of the said Judge, hath been set off to Peter Wil- 
son as his Share of the Real Estate of the said Elijah; 
And also, that the said Judge be, and he is hereby author- 
ized and impowered to assign to the said Peter six Acres 
of Land lying on the East side of the Road leading by 
the Dwelling House of the said Widow, which six Acres 
hath been set off to her as part of her Right of Dower, the 
six Acres of Land to be thus assigned to the said Peter 
to be to him & his Heirs in lieu of the six Acres which 
hath been set off to him as his })resent Share of the Real 
Estate of the said Elijah Wilson deed. And such new 
DistriI)ution being made, the same shall be good and valid 
in Law, to all intents and purposes, any Law, Custom, or 
Usage to the contrary notwithstanding. 

February 10, 1792. 

Chapter 76. 

RESOLVE ON THE PETITION OF TIMOTHY RUGGLES. 

On the Petition of Timothy Ruggles of Hardivick pray- 
ing that the Commonwealth would relinquisii to him their 
claim to that part of his fathers Estate which now Re- 
mains in the possession of the sd. Commonwealth. 

Resolved for reasons set forth in sd. Petition, that the 
prayer of it be granted ; & the Commonwealth doth 
hereby relinquish to the sd. Timothy Ruggles his heirs & 
Assigns forever, all their right & title in & to the sd. 
premises. Consisting of the old Mansion house in Hard- 
loich aforesd. together with about thirty Acres of land 
more or less, being all the Land which was lately set off 
in discharge of a Claim due from sd. Estate to this Com- 
monwealth. February 10, 1792. 

Chapter 77. 

RESOLVE STAYING AN EXECUTION ISSUED IN FAVOUR OF 
THOMAS BEALS, AGAINST JOSEPH BARRELL. 

Whereas a Resolution, on the Memorial of John Lucas 
& Edward Tuckerman, passed tliis Court on the 31th of 
January last, expressing their oj^inion, " That it is expe- 
dient the said JoJin Lucas & Edward Tuckerman at the 
next Supreme Judicial Court to be holden in & for the 



Resolves, 1791. — January Session. 477 

County of S^iffolk should review an Action of covenant 
broken, commenced by Thomas Beals against Joseph 
Barrell Esqr., on which Judgment was rendered at the 
last Supreme Judicial Court liolden within & for the same 
County " — But no provision was therein made for staying 
of Execution in the mean time : 

Be it, therefore Resolved, That Execution on the Judg- 
ment aforesaid shall not l)e levied or extended on the per- 
son or property of the said Joseph Barrell Esqr. l)efore 
the review of an action of covenant broken as aforesaid, 
shall have lieen had as aforesaid, any law or usuage to the 
contrary not withstanding. February 11, 1792 * 

Chapter 78. 

RESOLVE ON THE PETITION OF LUCY JENKS. 

On the Petition of Lucj/ Jenks. 

Resolved, that Lucy Jenhs of Brookfield in the County 
of Worcester, Administratrix on the Estate of Gideon 
Jenks late of said Brookfield. deceased be and she is 
hereby impowered in her said capacity to make and 
execute a good and sufficient Deed to Daniel Forhs, his 
heirs and assigns, of fourteen acres of Land in said Brook- 
field, known by the name of the Hall Lott, agreeable to 
an obligation given to the said Daniel Forbs, by the said 
Gideon Jenks in his life time, any Law or Resolve to the 
Cont[e]rary notwithstanding. February 15, 1792. 

Chapter 79. 

RESOLVE ON REPRESENT ATION OF JOHN LUCAS, ESQ. AUTHOR- 
IZING THE SECRETARY TO GIVE CERTIFICATES TO INVALID 
PENSIONERS. 

On the memorial of Joh7i Lucas Esqr. representing that 
no person is at present appointed to give certificates to the 
invalid pensioners belonging to this Commonwealth, and 
that without such certificates pensions cannot be drawn. 

Resolved that Joh7i Avery Junr. Esqr. Secretary of 
this Commonwealth, be, and he hereby is authorized and 
directed, to give certificates to such of the invalid pen- 
sioners belonging to this Commonwealth, as are intitled 
thereto, and shall apply therefor, to enable them to draw 
such pensions as have been granted to them respectively. 
And the Secretary is hereby directed to cause this resolve 

* Approved Fehriiary 11, 1792. 



478 Resolves, 1791. — January Session. 

to be published in the Independent Chronicle & in the 
several public news papers printed in the other parts of 
this Commonwealth, for the information of those concerned. 

February 15, 1792.* 

Chapter 80. 

RESOLVE ADJOURNING COURTS IN COUNTY OF WORCESTER. 

Whereas the Court of General Sessions of the Peace & 
Court of Common Pleas by law appointed to be holden at 
Worcester within & for the County of Worcester on the 
Tuesday next preceding the last Tuesday of March next 
will happen the present Year to be on the same day when 
simular Courts are to be holden within the County of 
Middlesex; l)y reason whereof Inconveniences may arise, 
to remedy which it is hereby 

Resolved that the Court of General Sessions of the 
Peace and the Court of Common Pleas by law to be 
holden at Worcester within & for the County of Worces- 
ter on the Tuesday next preceding the last Tuesday of 
March next be & they hereby are adjourned to the last 
Tuesday of March next then to be holden at Worcester 
within & for the County [o/"] Worcester aforesaid, and all 
Writs processes and recognisances returnable to and all 
appeals made to said Courts to be holden on said Tues- 
day next preceding the last Tuesday of March aforesaid 
and all matters, causes & things that might have day or 
that might be had moved or done at in or by the said 
Courts on the said Tuesday next preceding the last Tues- 
day of March aforesaid, shall be returnable to & may be 
entered prosecuted had moved & done at in & by the 
said Courts at the time hereby a})pointed for holding the 
same — and the Secretary is directed as soon as may be 
to cause this Resolve to he published in the Boston Inde- 
pendent Chronicle and in the Worcester Gazette three 
Weeks successively. February 17., 1792. 

Chapter 81. 

RESOLVE ON THE PETITION OF SAMUEL BRADSTREET, AD- 
MINISTRATOR ON THE ESTATE OF RICHARD HARRIS, DE- 
CEASED 

On the I^etition of /Samuel Bradstreet Administrator on 
the Estate of Richard Harris late of Marblehead Gentle- 

* Approved February 18, 1792. 



Resolves, 1791. — Januaey Session. 479 

man deceased, Collector of impost & excise for the County 
oi Essex for the years 1786, 1787, 1788 & 1789 — it ap- 
pears that the said Richard Harris's accounts are in a con- 
fused & unsettled state — and there are probably several 
sums of money due to the said Harris in his said Capac- 
ity, of which this Commonwealth cannot easily avail 
themselves unless they have the Books, papers & securi- 
ties of the said Harris relative to his said office of Collec- 
tor deliver'd to some persons whom the Legislature may 
appoint. 

Resolved That Stephen Metcalf Esq. Mr. George War- 
ren & Thos. Clark Esqr. be a committee to settle with the 
said Administrator & receive from him such sum or sums 
of money as shall lie found equitably due from the said 
Richard Harris's Estate to this Commonwealth & of him 
to receive all Bonds or Notes which the said Harris had 
on hand at the time of his decease taken in his said Capac- 
ity properly assigned to the Treasurer of this Common- 
wealth & therefor to account with the said Treasurer and 
also to receive of the said Administrator all the Books & 
papers of the said Harris, relative to his said office & 
them to deliver to the successor of the said Harris, & 
upon such delivery, payment & assignment made by the 
said Administrator as aforesaid, the said Committee are 
hereby authorised & impowerd to make & execute on 
behalf of this Commonwealth, an absolute discharge to 
the said Administrator of all demands which this Com- 
monwealth have against the Estate of the said Richard 
Harris . February 17,1 792. 

Chapter 82. 

RESOLVE ON THE PETITION OF THE HONORABLE FRANCIS 
DANA AND INCREASE SUMNER, ESQUIRES, JUSTICES OF 
THE SUPREME JUDICIAL COURT, 

Resolved, That there be paid out of the public treasury 
of this commonwealth the sum of One hundred and JiffA/ 
pounds, to the honorable Francis Dana and Increase 
Sumner, Esqrs. respectively, as an additional compensa- 
tion for their services as Justices of the Supreme judicial 
Court from the first Day of January/ 1787, to tlie first 
Day of January 1790. Being at ye rate of Fifty pounds 
by the year, during the interval of time that elapsed after 
the expiration of a temporary Act, granting the Justices 
of the said Court, an additional Salary of Fifty Pounds by 



480 Resolves, 1701. — January Session. 

the year, and until the late new Establishment for the said 
Justices was made, in February 1790. 

February IS, 1792. 



Chapter 83. 

RESOLVE ON THE PETITION OF SAMUEL BROWN. 

On the Petition of Sa'muel Brown. 

Besolved that the Treasurer of this Common Wealth l)e 
and he is hereby Directed to issue one note on Interest 
bearing Date March first A I) 1782 for the sum of 
Twenty one jjounds eleven i^hillings in Favour of Samuel 
Brown he the said Samuel Delivering to the Treasurer a 
Note now in his Possession of the same sum & Date which 
note is essentially Defaced. February 20, 1792. 

Chapter 84. 

RESOLVE ON THE PETITION OF JACOB KITTREDGE. 

On the Petition of Jacob Kittredge praying that the 
Committee on accounts may lie authorized to examine, 
consider & allow his accounts against this Commonwealth 
— for Reasons set forth in said Petition. 

Resolved That the said Committee be and they are 
here])y authorized and empowered to examine, consider 
& if they see Cause, to allow the said accounts, any Law 
or Resolve to the contrary notwithstanding. 

February 20, 1792. 

Chapter 85. 

RESOLVE GRANTING ^.20 TO JAMES ROBINSON. 

Upon the Petition of James Eobinson praying that the 
sum of twenty pounds be allowed him as Capt. of the first 
Company of Artillery' in the County of Suffolk, to Re- 
build a Gun house. 

Resolved that the prayer of said Petition be granted & 
that there be paid out of the publick Treasury of this 
Commonwealth to the said James Robinson the sum of 
twenty pounds to ])e appropriated for the purpose of Re- 
l)uilding a Gun-house in Dorchester as mentioned in said 
Petition. February 20, 1792. 



Kesolves, 1791. — January Session. 481 



Chapter 86. 

RESOLVE ON THE PETITION OF NATHAN PATCH, EXEMPTING 
THE BUILDINGS, MACHINES, cSeC. IMPROVED IN THE COTTON 
MANUFACTURE IN WORCESTER, FROM TAXATION. 

On the Petition of JSfathan Patch for Reasons set forth 
in said Petition. 

Resolved That the Prayer thereof be so far granted That 
the Buildings, Machines & Stoclv belonging to the said 
NatJian Patch & his associates improved or to be im- 
proved in said Town of Worcester in the Cotton Manur 
facture be and they are hereby exempted from Taxation 
for the Term of ten years from the Date of this Resolve, 
any Law or Resolve to the contrary notwithstanding. 

February 20, 1792. 

Chapter 87. 

RESOLVE ON THE PETITION OF SAMUEL TAYLOR, IN BEHALF 
OF THE TOWN OF BUCKLAND. 

On the Petition of Samuel Taylor in behalf of the 
Town of Buckland, praying that a certain strip of unap- 
propriated land lying within the incorporating line of said 
Town may be granted them for the use of Public Schools 
within sd. Town. 

Resolved, That there be & hereby is granted to the 
Town of Buckland forever, all the interest, title, & claim 
of this commonwealth to a certain Strip or tract of land 
bounded as followeth — (viz) Begining in Ashfield north 
line at the southwest corner of Buckland, thence runing 
north nineteen degrees east about fifty rods to the south- 
west corner of Holden's Grant, thence runing east three 
degrees north on the south line of Holden's and Wyman's 
Grant, and Continuing the same Course to an angle in the 
south line of Sprague's Grant, one thousand & ten rods, 
thence east nineteen degrees south one hundred & sixty 
rods to Ashfield north line, thence west three degrees 
north on sd. line one thousand one hundred & sixty rods 
to the first mentioned Corner, containing three hundred & 
Seventy two Acres. On condition the land aforesaid or 
the principal of the money for which it shall be sold shall 
be kept unimpaired & ai)propriated to the use of support- 
ing public Schools in said Town forever. And whereas 



482 Resolves, 1791. — January Session. 

several persons have Setled & made some improvement on 
sd. land : 

Jiesolved, That all such persons be confirmed in their 
possessions, on making good Security to the Treasurer 
of the Town of Buckland, or paying such sum in Specie 
as the Select-men of Ashfield shall adjudge the same to 
have been worth in its wild and uncultivated State at the 
several periods of time when the said possessors took pos- 
session thereof. February 21, 1792. 



Chapter 88. 

RESOLVE ON THE PETITION OF JONATHAN NEWELL, GRANT- 
ING A NEW NOTE. 

On Petition of Jonathan Newell praying that the Treas- 
urer be directed to receive a note which had been altered 
in its Date. 

Resolved that the prayer of said Petition be so far 
granted that the Treasurer be & he hereby is directed to 
receive said Note according to its just Value when issued 
and give therefor a consolidated Note agreeable to Law. 

February 21, 1792. 



Chapter 89. 

RESOLVE ON THE PETITION OF SILAS CONANT. 

On the Petition of Silas Conant of Acton in the County 
of Middlesex, praying for liberty to take out Certain 
Original Papers lodged in the Office of the Clerk of the 
Supreme Court. 

Resolved That the Prayer of the Petition be Granted 
and that Charles Gushing Esqr. Clerk of the Supreme 
Judicial Court, be & he hereby is directed to deliver said 
Conant the said original Papers {viz) one Keceipt signed 
by Henry Gardner Treasurer in favor of William Baker, 
for the Sum of Sixty one Pounds & one Kec[e]ipt Signed 
Leommi Baldwin to the Petitioner for the sum of forty 
Eight Pounds Nine shillings, & Also Two Certificates 
from tlie Supreme Judicial Court & from the Court of 
Common Pleas of said County ; keeping Attes[^]ed Coppies 
of the same in said Office ; any Law or Custom to the 
Contrary Notwithstanding. February 21, 1792. 



Resolves, 1791. — January Session. 483 



Chapter 90. 

RESOLVE GRANTING £.741 17 10, TO JOHN LUCAS, ESQ. LATE COM- 
MISSARY OF PENSIONERS. 

On the Representation of J. B. Varnum Esqr. who 
was appointed by the Legislature June the 18th 1791 to 
liquidate the Accounts of John Lucas Esqr. Commissary 
of Pensioners. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth to John Lucas, Esqr. the 
Sum of Seven Hundred and forty one pounds, Seventeen 
Shillings and ten pence it l)eing the balance of his Ac- 
count to the first day of </m?// 1791. 

And be it further Resolved that the Said John Lucas be 
and hereby is discharged from any demands on account 
of two Pension Rolls which he sign'd at the request of 
Thomas Ivers Esqr. Treasurer of the Common wealth of 
Massachusetts deceased for which said Ivers gave him an 
Indemnyfying Bond dated 14th tnay 1785 for Tivelve 
Thousand two hundred &, fourteen pounds twelve shillings 
& seven pence. February 21, 1792. 



Chapter 91» 

RESOLVE GRANTLNG BOUNTY ON DUCK. 

Whereas it is necessary That the Encouragement here- 
tofore given to the manufacture of Sail Cloth & Twine 
within this Commonwealth should be renewed : 

Resolved, That the Resolution of the 28th March 1788 
granting a Bounty on Duck, Sail Cloth & Twine manu- 
factured within this Commonwealth, be & hereby is re- 
newed & continued in full force from the 1st day of Jany. 
1792 to the 1st day of July 1793. 

It is further Resolved, That the Selectmen of the several 
Towns Avithin this Commonwealth where such Manufactu- 
ries are or may hereafter be established, be & hereby are 
authorized & requested to appoint one or more suitable 
persons in sd. Town as Inspectors of Duck & Twine whose 
Duty it shall be to inspect the same agreably to the Reso- 
lution above refered to, anything in sd. Resolution to the 
contrary notwithstanding. February 21, 1792. 



484 Resolves, 1791. — January Session. 



Chapter 93. 

RESOLVE ON THE PETITION OF JOHN SMITH, AUTHORIZING 
THE COMMITTEE ON ACCOUNTS TO EXAMINE AND ALLOW 
HIS ACCOUNT. 

On the petition of John Smith, Brigade-major of the 
first brigade in the 4th division of militia, praying for 
allowance for services done in his said office as set forth 
in his petition. 

Resolved that the Committee on accounts be and they 
hereby are anthoriz'd & directed, to receive examine & 
allow, all or such part of the account above referred to, 
as to them shall appear reasonal)le, any Law or Resolve 
to the contrary notwithstanding. February 22, 1792. 



Chapter 93. 

RESOLVE ON THE PETITION OF RUTH HERRIMON. 

On the Petition of Ruth Herrimon Praying for the 
Wages oi Nathaniel Chace, her late Husband, who was a 
Soldier in Conl. JVixons Regt. During the War, and De- 
ceased in the Month of Dece7nher 1777, — for reasons set 
forth in the said Petition. 

Resolved, That John Deming Esq. be, & he is herel)y 
directed to make up the Wages of the said Nathaniel 
Chace, (in the same Manner as other Soldiers in Simelar 
Circumstances have been made up) for Nine Months Ser- 
vice, to the time of his Decease and certify the same to 
his Excellency the Governor and Council and the Treas- 
urer of this Commonwealth is Directed to pay the same to 
the said Ruth Herrimon, in the same manner as he has 
paid wages for similar services. February 23, 1792. 

Chapter 94. 

RESOLVE ON THE PETITION OF ELIPHALET LEICESTER, IN 
BEHALF OF THE WIDOW PEASE. 

On the petition of Wiphalet Leicester, in Ijchalf of the 
widow of MattJieio Pease, late a Soldier in the Continental 
Army, praying that the said Eliphalet, may receive the 
wages, which were due to the said Pease. 

Resolved, that the Committee for methodizing public 
accounts, be and hereby are directed, to certify to the 



Resolves, 1791. — January Session. 485 

Governor & Council, the pay, or arrears of pay, due to 
the said Mattlie^v, previous to his decease, for his service in 
Collo. MicJial Jackson's Regement ; and the Treasurer, on 
receiving the Governor's warrant therefor, is directed to 
issue his Note for the same, according to Law. 

February 23, 1702. 

Chapter 95. 

RESOLVE DIRECTING JOH^ DEMING, ESQ. TO CERTIFY BAL- 
ANCES DUE TO CERTAIN SOLDIERS. 

Resolved, that John Deminy Esqr. Committee for meth- 
odizing Pul)lic Accounts, be, & he is hereby directed to 
certify to his Excellency the Governor & Council in the 
usual form, the sums which may be found due to the fol- 
lowing persons, on the Books, containing the late Army 
Accounts — Vizt. The heirs of Augustus Allen a Ser- 
jeant in Coll. Bradford's Regiment — The heirs of William 
Draper a Private, the heirs of Ezekiel Larahy a Private 
& Benja. Pollard late Lieut., in Coll. Smitli's Regiment, 
Moses Rugg of the tenth Regiment, Anah West of the 
tirst Regiment, the heirs of Josiah Burnham & Ohadiah 
Burnham, Jabez Spicer a Soldier, the heirs of Peter 
Bennet a Private, in Coll. Michael Jackson's Regiment, 
Henry Young Serjeant, Joseph Walker a Soldier in Coll. 
Greaton's Regiment — Josiah, Moore Private in Coll. Wes- 
son's Regiment — Nohle Gunn a Soldier, William Taylor 
a Private, in Col. Sprout's Regiment, the heirs of Ehenr. 
Town Ensign in Coll. Shephard's Regiment, the heirs of 
Josiah Bragdon Lieut., the heirs of Nathaniel Cleever a 
Private in Coll. Tupper's Regiment — John Spencer Pri- 
vate in Coll. Vose's Regiment. February 23, 1792. 

Chapter 96. 

RESOLVE ON THE PETITION OF ZEPHANIAH LEONARD, ESQ. 
SHERIFF OF BRISTOL COUNTY. 

On the Petition of Zephaniah Leonard Sheriff of the 
County of Bristol — Praying for compensation for his 
Services and Moneys Disbursed. 

Resolved for reasons set forth that the Petition be so 
far granted as that the said Zeph'h Leonard have liberty 
to lay his accounts before The Conunittee on accounts for 
allowance any Law or Resolve to the contrary Notwith- 
standg. February 23, 1702. 



486 Resolves, 1791. — January Session. 

Chapter 97. 

RESOLVE ON THE PETITION OF JUSTUS DWIGHT. 

On the Petition of Justus Dwight praying for Alowance 
& payment of liis Account for Doctring Arjnis Thomjjson, 
one of the paupers of this Commonwealth. 

i?eso?vecZ for reasons set forth in sd. Petition that the sd. 
Account be presented to the Committee on Accounts who 
are hereliy authorised to examine & pass on sd. Account, 
any law or Resolve to the contrary Notwithstanding. 

February 23, 1792. 

Chapter 98. 

ROLL NO. 2L 

The Committee on Accounts having examined the Ac- 
counts they now present, Report, that there is due to the 
Towns and persons hereafter mentioned, the sums set 
against their names respectively : which if allowed, will 
be in full discharge of the said Accounts, to the dates 
therein mentioned. 

JOSEPH HOSMER pr. order. 

No. 1. To Amasa Davis, Quarter master General for 
balance due to him on settlement of his Account, as ^ 
Certificate from John Dainn<i dated uuti/ 30, 1791, the 
said Quarter master having in that settlement ac- 
counted for the money granted him by a Resolve £'. s. d. 
passed Jzme 26, 1789, 41 10 6 

No. 2. To Anuisa Davis Quarter master General for his 
Services including office rent stationary & his assistant 
from March 17 1788, to March 17, 1789, . . . 120 

No. 3. To ditto, for his services including, expence for 
Office rent, Clerks & stationary from March 17, 1789 to 
March 17, 1791, 96 

No. 4. To John Boyle for Stationary supply 'd the Secre- 
tary office to January 17, 1792 as #>" Certificate from 
the Secretary, 63 10 6 

No 5. To Joseph Hosmer Esqr. for Supporting Daphne 
an african Woman pursuant to a Resolve of the Gen- 
eral Court from April 1, 1791 to Vcbrnary 1, 1792, . 10 17 6 

No 6. To the Town of Pa rtrvhji field for Supporting 
Marti Lace one of the States poor from March 15, 1791 
to January 24. 1792, 45 Weeks, 6 15 

No. 7. To the Town of Maiden for Supporting John 
Martin & Wife and William Barlwan, States poor, to 
Frebuary 14, 1792, 39 3 

No. 8. To the Town of lliehniond for Supporting Mehila- 

ble Richmond and Densa Tooly to January 2(), 1792, . 11 17 



Kesolves, 1791. — January Session. 487 

No. 9. To Samuel Laha for his Salary for taking care of £. s. d. 
Bainsford Island from April 25, 1791, to Jaim//. 25, 1792, 10 

No. 10. To ditto for Cash he paid George Acres for work 

done ou said Island, 2 17 6 

No. 11. To the Town of Westborough for Supporting 
John Scudmore from June 1, 1791 to February 1, 1792, 
35 Weeks, 10 11 2 

No. 12. To the Town of Chelsea for Supplies to John 
Goodiu & family from Febrtiari/ 14, 1791 to February 
6, 1792, . .' 16 1 6 

No. 13. To the ToAvn of So/dhiviek for supporting George 

Head from January 12, 1791 to Jau/iary 12, 1792, . 15 12 

No. 14. To the Town of Atllrliorouqh for Supi^orting John 

Jane & Wife from January 12, 1791 to January 1 2, 1792, 20 14 

No. 15. To the Town of Wo'rthuaiton for Supporting John 

Washington from December 1790 to April 1791, . .501 

No. 16. To Mary OuUcr for boarding a Child, one of the 
poor of the Commonwealth from June 1, 1791 to De- 
cember 1, is 2G Weeks 3 18 

No. 17. To Jomdhan Hastings for postage of letters to 
the Governour & Secretary from Marcit, 5, 1791 to Jan- 
uary 30, 1792, 3 17 10 

No. 18. To the County of Cumberland for money paid 
by said County to John Wait Esqr. Sheriff for dispers- 
ing precepts & returning Votes for a Federal Repre- 
sentative, 12 7 U 

No. 19. To the Town of Moidon for Supporting James 
Thompson one of the States Poor from the first of Jtme 
1791 to the first of r/rt»?^(^/7/ 1792 in full, . . . 10 8 

No. 20. To the same Town for Sundrys supplyd John 
Hunt & family from Janip 25th 1791 to Jany. 25th 
1792, . . . . ' . . . . \ . 3 12 

No. 21. To the Town of Concord for Supporting William 
Shaw one of the States poor from Felnj. 24th, 1791 to 
Jany. 23d 1792 in full, ...'.... 6 1 7 

No. 22. To the Town of Suuoisey for Nursing and takeing 
care of one John Lee a transient person who was taken 
sick in said Town and died there and for his funeral 
Charges in full, 1 10 

No. 23. To Solomon Freeman Esqr. for his Services in 
Taking Depositions in the County of Dukes County pur- 
suant to a Resolve of the Genl. Court passed June 13th, 
1791 as pr. accot. 8 14 4 

No. 24. To the Town of Eeholioth for Supporting James 

Corner & I'hillif) Warner, — poorof the Commonwealth, 4 10 10 

No. 25. To the Town of Warunck for Supporting the wife 
of rhllip Itoijle and four Children from Januarij 20, 
1791 to Janiiy. 20, 1792, ." . 16 12 

No. 26. To the Town of Reading for supporting Joseph 
Fervoo & family from February 1, 1791 to Felyruary 1, 
1792, 16 10 2 

No. 27 & No. 28. To John Eliot for Supporting Rebecca 
Gardner from Janmi. 1, 1790 to Januitrij 1, 1792, (Cer- 
tified by the Selectmen of Kaslhamiilon), . . . 20 8 

No. 29. To Jomdhan. Janes forsui>[)<)rting Samuel Green 
from September 1, 1790 to December 1, 1791, (Certified 
by the Selectmen of -£'fW(;/i«7»p<o?i), . . . . 17 6 5 



488 Resolves, 1791. — January Session. 

No. 30. To William M