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

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ACTS AND RESOLVES

MASSACHUSETTS.

1790^91.

[Published by the Secretary of the Commonwealth, under

AUTHORITY OE CHAPTER 104, RESOLVES OF 1889.]

ACTS

AND

LAWS

OF THE

COMMONWEALTH

MASSACHUSETTS.

BOSTON:

Printed by Adams & Nourse,

Printers to the HONORABLE COURT.

M,DCC,XC.

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

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: —

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

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.

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.

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

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.

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

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-

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 : —

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

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.

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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;

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,

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

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

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.

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.

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.

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

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

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.

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

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

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.

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.

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.

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.

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.

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,

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.

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

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

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 T